BCC Minutes 05/24/2016 R BCC
REGULAR
MEETING
MINUTES
May 24, 2016
May 24, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 24, 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:
CHAIRMAN: Donna Fiala
Tom Henning
Georgia Hiller
Tim Nance
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
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
ot I I,
r
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
May 24, 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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May 24, 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. Pastor Jim Thomas - East Naples United Methodist 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. April 26, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
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May 24, 2016
4. PROCLAMATIONS
A. Proclamation honoring Vietnam veterans during the national commemoration
of the 50th anniversary of the Vietnam War and to express our gratitude for
their service, valor and sacrifice. To be accepted by Sgt. John Blatner, retired,
U.S. Army, Marjorie Goff, who served as a nurse in the U.S. Air Force and
Heriberto "Eddie" Hartnack, Collier County Veterans Services Manager.
B. Proclamation designating May 23 to 25, 2016, as Collier RETIS Symposium
Days in Collier County. To be accepted by Cristele Couget, Deleguee
Generale — Executive Director, EBN France by RETIS.
5. PRESENTATIONS
6. PUBLIC PETITION
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.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Request for reconsideration of Item #16J4 from the May 10, 2016 BCC
Meeting. (Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution approving the proposed Project Nikita
as a qualified applicant to Florida's Qualified Target Industry (QTI) Tax
Refund program, providing up to $560,000 of local financial support for a
corporate headquarters project which will create 560 new quality jobs in
Collier County, Florida. (Jace Kentner, Office of Business and Economic
Development Interim Director)
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May 24,2016
B. Recommendation to approve a matching commitment of cash or in-kind
services for the proposed Project Nikita as a qualified applicant for the Quick
Action Closing Fund (QACF), providing up to $600,000 of local financial
support for the corporate headquarters project which will create 560 new
quality jobs in Collier County, Florida. (Jace Kentner, Office of Business and
Economic Development Interim Director)
C. Recommendation to authorize the Chairman to send a letter to the Marco
Island City Council requesting clarity on the funding, timing, and scope for
the Goodland Drive (92A) Roadway Improvements. (Nick Casalanguida,
Deputy County Manager)
D. Recommendation to Award Bid Number 16-6602, "Naples South Water Main
Replacement," to Kyle Construction, Inc., in the amount of$1,392,752.40.
(Project Number 71010) (Tom Chmelik, Public Utilities Engineering Division
Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 9:30 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2015 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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
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be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to award contract under Request for Proposal (RFP)
#16-6544 "Growth Management Division Planning and Regulation
Staffing" to Nova Engineering and Environmental, LLC, to provide
temporary staffing and services to the Growth Management
Department.
2) Recommendation to approve an amendment to Resolution 2006-200, as
amended, which establishes the Floodplain Management Planning
Committee, to amend the committee membership to allow for: 1) The
County Manager to appoint County staff alternates with voting
capabilities, 2) The County staff members and alternates the ability to
reside outside of Collier County, and 3) Incorporated Municipalities the
ability to appoint alternates with voting capabilities to the Floodplain
Management Planning Committee.
3) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for The Quarry
Phase 3A, PL20110001151, and to authorize the County Manager, or
his designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer's designated agent.
4) Recommendation to approve final acceptance of the water and sewer
facilities for Watercourse at Talis Park, PL20130002297 and
PL20130002621, accept unconditional conveyance of a portion of the
water and sewer facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and Final
Obligation Bond in the total amount of$12,936.58 to the Project
Engineer or the Developer's designated agent.
5) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
393RDUE) and a temporary driveway restoration easement (Parcel
393TDRE) required for the expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No. 60145.)
(Estimated Fiscal Impact: $15,081)
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May 24, 2016
6) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Camden Lakes,
PL20130001669, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer's designated agent.
7) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Camden Lakes,
Phase C, PL20130002397, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer's designated agent.
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Watercourse at Talis Park
Lots 1 — 6, Application Number PL20160000640.
9) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Phase 3A and
Quarry Phase 3 Application Numbers PL20100000831 and
PL20110000670 with the roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
securities.
10) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Phase 4 Replat, Lots
42 Through 75 Application Number PL20120000412, with the
roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security
11) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Coquina Circle
Application Number PL20120001085 with the roadway and drainage
improvements being privately maintained and authorizing the release of
the maintenance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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May 24, 2016
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Coquina at Maple Ridge - Phase
2 and 3, (Application Number PL20150002721) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
13) Recommendation to approve an extension for completion of required
subdivision improvements associated with Valencia Lakes - Phase 6-A
(AR-5383) subdivision pursuant to Section 10.02.05 C.2 of the Collier
County Land Development Code (LDC).
14) Recommendation to approve the conveyance of a Revocable
Temporary License to the South Florida Water Management District
for the installation of a rain gauge and associated telemetry equipment
at the County's 43 acre property located on Shady Hollow Boulevard.
15) Recommendation to approve Department of Environmental Protection
(DEP) Agreement No. S0859 to recognize grant funding in the amount
of up to $750,000 for the construction of the Naples Park Area/Basin
Infrastructure Optimization for Stormwater, Water and Sewer. (Phase I)
(Project Number #60139 and #70120)
16) Recommendation to reject all bids received for Invitation to Bid #16-
6539 "Pesticides, Fungicides, and Fertilization Applications."
17) Recommendation to review and approve the Fiscal Year 2017 Capital
Improvement Plan of the South Florida Water Management District Big
Cypress Basin.
18) Recommendation to recognize the Collier Metropolitan Planning
Organization's (MPO) Transportation Disadvantaged (TD) Planning
Grant for FY 16/17 in the amount of$26,077 and authorize the
necessary budget amendment.
19) Recommendation to acknowledge the Collier Metropolitan Planning
Organization's (MPO) Planning (PL) grant for FY 16/17 and recognize
the MPO budget in the amount of$763,514, effective July 1, 2016.
20) Recommendation to award Invitation to Bid #16-6634 "Pine Ridge
Road Sidewalk Repairs" to Southern Striping Solutions, LLC d/b/a
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May 24, 2016
Collier Paving & Concrete and authorize the necessary budget
amendment.
21) Recommendation to approve and authorize the County Manager to send
a Letter of Interest from Collier County to the Jacksonville District of
the U.S. Army Corps of Engineers requesting "new start" status.
22) Recommendation to approve a Local Area Program (LAP) Agreement
with the Florida Department of Transportation (FDOT) in which
Collier County would receive reimbursement in the amount of
$460,000 for the purchase of equipment only for the Collier County
Traffic Management Center, to execute a Resolution memorializing the
Board's action; and to authorize all necessary budget amendments.
(Project No. FPN 433178-1-98-01)
23) Recommendation to approve a Local Area Program (LAP) Agreement
with the Florida Department of Transportation (FDOT) in which
Collier County would receive reimbursement in the amount of
$600,000 for the updating of software and traffic signal controllers for
the Collier County Traffic Management Center; and to execute a
Resolution memorializing the Board's action and authorize all
necessary budget amendments. (Project No. FPN 433174-1-98-01)
24) Recommendation to sign "Public Officer Conflict of Interest
Certification" related to recently approved Agreement No. 15-6456 for
Construction Engineering and Inspection (CEI) for Local Agency
Program (LAP) funded projects. Growth Management Grant Fund 711.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency approve
an After-the-Fact Florida Department of Economic Opportunity grant
application submittal to fund an update to the 2000 Bayshore Gateway
Triangle Redevelopment Agency Redevelopment Plan totaling
$40,000.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to Award Invitation to Bid #16-6590, "Small Meters
Change Out Phase 2," to National Metering Services, Inc., in the
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May 24,2016
amount of$359,048.25 for Project Number 70010, "Meter Renewal
and Replacement Project."
2) Recommendation to approve a $370,020.03 work order under Request
for Quotation 14-6213-60 to Quality Enterprises USA, Inc., under
Project Number 70023, "Fire Hydrant Replacement"; and approve the
necessary budget amendment.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt a Resolution recognizing and accepting a
$20,000 donation from Thomas and Nancy Hester for the purchase of
outdoor furniture at the Tony Rosbough Park and approve all necessary
budget amendments.
2) Recommendation to authorize and approve support of the Rotary Club
of Naples-Collier, Inc. use of Fred W. Coyle Freedom Park for a
fundraiser for the Freedom Memorial at no cost to the Rotary Club.
3) Recommendation to approve and authorize the Chairman to execute
Landlord Payment Agreement with one landlord, allowing the County
to administer the Rapid Re-Housing and Homelessness Prevention
Program through the Emergency Solutions Grant Program.
4) Recommendation to approve the acceptance of State Housing
Initiatives Partnership Program FY16/17 allocation in the amount of
$2,183,568, sign the Fiscal Year 2016-2017 Funding Certification and
approve the necessary budget amendment.
5) Recommendation to approve a 20% discount on Collier County Parks
and Recreation swimming lesson programs to all Collier County
children (age 5 and under) and to authorize Parks and Recreation to
promote the discount within the NCH Safe and Healthy Children's
Coalition "Water Smart Prescription Booklet."
6) Recommendation to approve an Apiary Agreement (Bee Keeping) for
the Caracara Prairie Preserve with Rick Ruby under the Conservation
Collier Program and direct the County Manager, or his designee, to
implement the Agreement terms.
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May 24, 2016
7) Recommendation to approve the five-year update of the Final
Management Plan for the Conservation Collier Panther Walk Preserve.
8) Recommendation to approve the expenditure of Beach Park Facilities
Tourist Development Tax funds in the amount of$58,803 for the
purchase of wildlife proof waste receptacles for Collier County beach
park facilities, award ITB No. 16-6623 to Wausau Tile, and make a
finding that this expenditure promotes tourism.
9) Recommendation to waive transit fare for Collier Area Paratransit
passengers requiring transportation for a functional assessment or travel
training as part of the Americans with Disabilities Act (ADA)
program's eligibility process.
10) This item continued from the April 12, 2016 BCC Meeting.
Recommendation to approve Change Order #1 to McGee & Associates
for safety improvements associated with the design plans to the
sidewalk/pathway connecting the Collier County beach parking lot at
the end of Seagate Drive to the North Gulf Shore Boulevard beach
access for $5,140 and make a finding that this expenditure promotes
tourism.
11) Recommendation to authorize the Chairman to sign a Subordination
Agreement with Community Housing Capital (senior lender) and Oak
Marsh, LLC (buyer) and Florida Housing Financing Corporation
(subordinate lender) and Oak Marsh, LLC for properties being
purchased from Immokalee Non-Profit Housing, Inc. d/b/a Immokalee
Housing and Family Services, in order to transfer the previous
Declaration of Restrictive Covenants placed on these properties for
Community Development Block Grant activities to the new owner.
12) Recommendation to declare that the execution of the Impact Fee
Deferral lien with a homeowner under Article IV of Chapter 74 of the
Code of Laws and ordinances is administrative and ministerial, and to
allow the county manager to sign deferral agreements, per the approved
ordinance; with after-the-fact Board ratification.
13) This item continued from the May 10, 2016 BCC Meeting.
Recommendation to approve First Amendment to the Subrecipient
Agreement with Habitat for Humanity of Collier County, Inc., to shift
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May 24, 2016
remaining project delivery funds between line items in order to fully
expend remaining awarded funds for acquisition. There is no net fiscal
impact.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to ratify Property, Casualty, Workers' Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Division Director pursuant to Resolution #2004-15 for the
second quarter of FY16.
2) Recommendation to approve and execute a Second Amendment to
Agreement providing a 6-month time extension to allow for the receipt
and installation of equipment for the Greater Naples Fire District with
respect to funding by the GAC Land Trust.
3) Recommendation to award Contract #16-6564 Collier County Space
Planning Services to AECOM for professional facilities master
planning services.
4) Recommendation to approve an Amended and Restated First
Amendment to Ground Lease Agreement for Communications Tower
and a Short Form Tower Agreement with CCATT LLC on behalf of
Parks and Recreation/Public Services.
5) Recommendation to approve a First Amendment to City of Naples
Airport Authority Leasehold Agreement Land Lease North Quadrant
Land Fill Site for the Naples Recycling Center on behalf of Solid
Waste Division.
6) Recommendation to approve a First Amendment to Lease Agreement
with Horseshoe Drive Development, L.C., for office space to be
utilized by the Growth Management Division.
7) Recommendation to adopt a resolution authorizing the cancellation of
2016 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation (on behalf of Public Services Department).
8) Recommendation to accept the report for the sale of items and
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disbursement of funds associated with the County surplus auction held
on April 16, 2016.
9) Recommendation to approve the rankings of firms under the Request
for Proposal (RFP) #16-6597, "Collier County Jail Master Plan" and to
direct staff to negotiate a contract with the top ranked firm, AECOM
Technical Services, Inc.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to award Invitation to Bid (ITB) #16-6644, for Lake
Aeration for Pelican Bay to DeAngelo Brothers, LLC d/b/a Aquagenix
("Aquagenix") for $97,200 under Project #50108, "Lake Aeration for
Pelican Bay."
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
3) Recommendation to award Invitation to Bid (ITB) #16-6612 for
Calsense Irrigation Control System and Supplies to SiteOne Landscape
Supply for $105,290.34 under Project #51145, "Calsense Irrigation
Control System and Supplies."
4) Recommendation to provide after-the-fact approval for the submittal of
the Economic Development Administration (EDA) grant application to
the Economic Department Administration (EDA) for the Immokalee
Culinary and Agribusiness Accelerator in the amount of a $800,000.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute the
attached Resolution officially naming the County-owned airport
northeast of Marco Island the Marco Island Executive Airport.
2) Recommendation to approve the submittal of a grant application to the
Federal Aviation Administration in the amount of$75,500 for the
design and bid of the rehabilitation of Taxiway B at the Immokalee
Regional Airport.
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May 24, 2016
3) Recommendation to approve the submittal of a grant application to the
Federal Aviation Administration in the amount of$168,975 to update
the Airport Layout Plan (ALP) for the Immokalee Regional Airport.
4) Recommendation to approve a Resolution authorizing execution of
Supplemental Joint Participation Agreement (JPA) Number One to
Contract No. G0576 with the Florida Department of Transportation to
provide additional funds in the amount of$11,200 and extend the
contract for a fuel truck for the Immokalee Regional Airport (Project
33451), and authorize the necessary budget amendments.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint two Commissioners as regular members
and three Commissioners as alternate members to the Value
Adjustment Board (VAB).
2) Recommendation to appoint two members to the Coastal Advisory
Committee.
MISCELLANEOUS CORRESPONDENCE
1) Items to be Authorized by BCC for Payment
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve and authorize the Chairman to sign an
Agreement Authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Naples Bath
& Tennis Club Commons Area, Inc.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and purpose
for which the referenced disbursements were drawn for the periods
between April 28 and May 11, 2016 pursuant to Florida Statute 136.06.
3) To provide to the Board a "Payables Report" for the period ending May
18, 2016 pursuant to the Board's request.
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May 24, 2016
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
James Johnson in the County Court of the Twentieth Judicial Circuit in
and for Collier County, Florida, to recover damages incurred by the
County for the repair of a light pole in the amount of$7,209.64, plus
costs of litigation.
2) Recommendation to authorize application for tax deeds for four (4)
County-held tax certificates and the forwarding of a written notice to
proceed with tax deed applications to the Tax Collector.
3) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Tracy Fuller v. Collier
County (Case No. 15-CA-000515), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida.
4) Recommendation to approve a settlement with Pinegate 135, LLC in
the amount of$35,000 for all attorney's fees and experts' fees for the
taking of Parcels 150FEE, 150SE and 150TCE in the case styled
Collier County v. LDJ Associates, LLC, et al., Case No. 13-CA-1238
required as part of the widening of Collier Boulevard from Green
Boulevard to Golden Gate Boulevard. (Project No. 68056) (Fiscal
Impact: $35,000)
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from staff;
2) Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier County
Planning Commission, other authorizing agencies or the Board, prior to the
commencement of the BCC meeting on which the items are scheduled to be
heard; and 4) No individuals are registered to speak in opposition to the item.
For those items which are quasi-judicial in nature, all participants must be
sworn in.
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May 24, 2016
A. Recommendation to approve the Davis — Radio Commercial Subdistrict
small-scale amendment to the Collier County Growth Management Plan,
Ordinance 89-05, as Amended, and to transmit to the Florida Department of
Economic Opportunity. (Adoption Hearing) (PL20150002541/CPSS-2015-4)
[Companion to Rezone Petition -PL20140002642]
B. 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 amend Ordinance No. 2004-
41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated area
of Collier County, Florida, by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real
property from the Commercial Intermediate District (C-3) zoning district to
the General Commercial District (C-4) zoning district for a project known as
the Davis-Radio Rezone located on the south side of Radio Road, 650 feet
west of the intersection of Davis Boulevard and Radio Road in Section 3,
Township 50 South, Range 26 East, Collier County, Florida, consisting of
4.81± acres; and by providing an effective date. [RZ-PL20140002642]
(Companion PL20150002541/CPSS-2015-4)
C. This item continued to the June 14, 2016 BCC Meeting. Recommendation
to approve a resolution designating the Close-Out of the adopted Twelve
Lakes Planned Unit Development (PUD) which has completed all or a portion
of its development and has constructed up to the authorized density and/or
intensity, and has been found by County staff to have only one relevant
transportation commitment remaining.
D. Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16
Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 24, 2016
May 24, 2016
CHAIRMAN FIALA: Will the meeting finally come to order. I
had to reorganize the dais here a little bit.
Well, thank you all for being here this morning, and we really
appreciate that you come by and join us for the meeting.
And with that, I'll ask you to stand, and we're going to hear the
reverend in prayer.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE —
INVOCATION GIVEN BY PASTOR JIM THOMAS, EAST
NAPLES UNITED METHODIST CHURCH
PASTOR THOMAS: May we pray.
Lord, we come to you this morning asking for the help of the
spirit as we offer our prayer in the name of our savior. Father, we
come asking for guidance, for wisdom. We ask you, Lord, to keep us
on the path that we should go and, Lord, when we come to make
decisions, we pray for wisdom. Be they personal decisions or be they
decisions that will affect many, we pray for your guidance and
direction.
Lord, we thank you for the many, many blessings that you've
given us, and we thank you, Father, that you pick us up and carry us
through our times of trial.
We offer this prayer in your name. Amen.
CHAIRMAN FIALA: Reverend Jim Thomas, thank you very
much.
And, Commissioner Taylor, will you lead us in the pledge.
COMMISSIONER TAYLOR: I'd be honored to.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you, everybody.
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May 24, 2016
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO CORRECT A
SCRIVENER'S ERROR IN REGARDS TO ITEMS #16J3 AND
#16J4 FROM THE MAY 10, 2016 BCC MEETING WITHOUT
RECONSIDERATION — APPROVED; APPROVED AND/OR
ADOPTED W/CHANGES
Now we're going to start with the ex parte from our
commissioners and any changes or corrections on the agenda.
MR. OCHS: Madam Chair, may I go first? I have a few more
changes so the Board could consider the entire change sheet.
CHAIRMAN FIALA: I'm sorry. I should have called on you
first, Leo.
MR. OCHS: No problem. Thank you, ma'am.
Good morning, Commissioners. These are the proposed agenda
changes for the Board of County Commissioners meeting of May 24,
2016.
The first proposed change is to add Item 10B to today's agenda.
This is an add-on item at Commissioner Hiller's request.
The next proposed change is to move Item 16D4 to the regular
agenda. It will become Item 11E. That item is moved at
Commissioner Fiala's request.
The next proposed change is to move Item 16D13 from the
consent agenda. That would become Item 11F. That is moved at
Commissioner Fiala's request.
The next proposed change is to add Item 16E10 to your consent
Page 3
May 24, 2016
agenda. That was a staff request. I had sent the board a memorandum
on that yesterday.
The next proposed change is to continue Item 16F1 to the June
14, 2016, BCC meeting due to a bid protest.
The next proposed change is at that Board -- with regard to 16J2
on your consent agenda, that the Board makes a finding that the
expenditures contained in this report serve a valid public purpose and
authorize the Clerk to make disbursement.
The next proposed change is to continue Item 16J3 indefinitely
until such time as the Clerk certifies the payables presented in the
report have been pre-audited as specified previously by the Board.
That is at Commissioner Fiala's request.
Commissioners, I have one agenda note on the change sheet, and
it has to do with a correction of a transposition error that I made in
reading the change sheet at your last board meeting of May 10th. I had
inadvertently transposed the two agenda items, so I'd like to correct
that for the record as outlined on your change sheet.
The correct action should have been to continue Item 16J4, not
J3, from your May 10th agenda indefinitely until such time as the
Clerk certifies that those payables presented in the report had been
pre-audited as previously specified by the Board, and 16J3 from your
May 10th agenda, which was your disbursement report. I would like
the Board and the record to reflect that the Board make a finding that
those expenditures serve a valid public purpose and authorize the Clerk
to make disbursement.
We have two time-certain items on today's agenda. The first is at
9:30, and that is the report from your external auditor on your
comprehensive financial report, and at 9:45 you will hear Item 11C,
and it's the item related to the Goodland Drive improvements.
Also today, Commissioners, public comments on general topics
not on the current or future agenda will be heard no sooner than one
Page 4
May 24, 2016
p.m. or at the conclusion of the agenda, whichever occurs first.
And those are all the changes that I have, Madam Chair.
CHAIRMAN FIALA: Thank you, so much.
County Attorney?
MR. KLATZKOW: No changes this morning, ma'am.
CHAIRMAN FIALA: All right. Thank you very much.
Okay. Now we'll start with Commissioner Taylor, ex parte.
COMMISSIONER TAYLOR: Nothing to declare on ex parte;
however, I do have a small question, and maybe we can dispatch it
right here. I'm a little concerned about item number, on the consent
agenda, 16A17, which is the capital improvement plan of South
Florida Water Management. This is going to be local, right, this --
local control; is that correct?
MR. CASALANGUIDA: Yes, ma'am. For clarification, we
mutually approve our capital programs with the agreement we have
with the district. And in one item they have a SCADA system. And I
think the concern expressed by several board members was that it
would be locally controlled and managed, and I think we can address
this by the County Manager's Office issuing a letter that this was
approved, to the BCB board, saying, subject, that this is locally
controlled and managed.
COMMISSIONER TAYLOR: That's good. All right. So you
will send -- our chairman will send a letter, right?
MR. CASALANGUIDA: Yes, ma'am, or it can just be an
administrative letter from us to their administrative section just making
sure that -- letting them know what the conditions of approval were.
COMMISSIONER TAYLOR: Okay. However you decide. If
our chairman wants to do it -- do we not agree as a board --
COMMISSIONER NANCE: Yes.
CHAIRMAN FIALA: Yes. As long as -- if you send the letter,
just send us all a copy so we all have it.
Page 5
May 24, 2016
MR. OCHS: Madam Chair, I'd suggest that we draft a letter for
your signature and with the Board's concurrence --
CHAIRMAN FIALA: Good.
MR. OCHS: -- if that's all right.
CHAIRMAN FIALA: Fine with me.
COMMISSIONER NANCE: It's my understanding we've got
nine new structures coming online with the basin, and I think -- I think
that local control that's been demonstrated in recent times has served us
very well. I think they did an outstanding job working together with
the new relationship. So I certainly support that. I think it's very
important.
MR. CASALANGUIDA: Good.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Any other comments from board
members?
(No response.)
CHAIRMAN FIALA: Okay. Very good. We all agree with that.
COMMISSIONER TAYLOR: Good. Thank you. And there's
nothing else. Thank you very much.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Nance.
COMMISSIONER NANCE: No further changes, ma'am. I've --
as far as ex parte on Item 17B, the Davis/Radio rezone, I've read the
staff report but no other disclosures today. Thank you.
CHAIRMAN FIALA: Okay. And then for me, on 16AB (sic), I
met with Bruce Anderson, but it was back in 2013. I didn't know how
far back I'm supposed to go, so I'm just noting that. That was the Talis
Park.
And then on 17B, which is the Davis/Radio rezone, I've just
talked with staff about that.
MR. OCHS: Madam Chair, what was the first agenda reference
Page 6
May 24, 2016
with Mr. Anderson?
CHAIRMAN FIALA: 16A8. I'm sorry. I didn't mention that.
MR. OCHS: Thank you, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: No disclosures. No changes.
CHAIRMAN FIALA: Commissioner Nance -- or Commissioner
Henning.
COMMISSIONER HENNING: Good morning. I have no ex
parte communication on today's agenda; however, the change sheet,
the Board voted on items of May 10th. There really needs to be a
reconsideration for the correction of the, sounds like a, mistake that the
-- actually Commissioner Fiala had asked to continue indefinitely until
the preaudit's done.
That item needs to be reconsidered instead of corrected on the
record.
CHAIRMAN FIALA: Which one is that again? I'm so sorry.
COMMISSIONER HENNING: The note on today's agenda
stating that the item that was supposed to be continued indefinitely was
the wrong item; however, the Board voted on the agenda the last
meeting, and the proper way to do it is to reconsider and put it on a
future agenda.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: I don't have an issue with that. That's fine.
CHAIRMAN FIALA: Okay. It doesn't make any difference to
me if that's what we need to do. Is that -- will that work with you guys,
or is it -- I'm not quite sure. I wish I knew what that -- I'm trying to
find it right here. Which one is that? 16D.
MR. OCHS: Ma'am, that was 16J4 from your last agenda on
May 10th. And that was my error. I incorrectly transposed an agenda
item.
COMMISSIONER HENNING: Well, who's asking for these to
Page 7
it
May 24, 2016
be reconsidered then? Is it Commissioner Fiala, or is it the County
Manager?
MR. OCHS: Well, sir, it's me correcting my mistake and,
actually, during the course of the meeting last week, Ms. Kinzel and
Ms. Morgan were good enough to remind me of that. So we spoke
after the meeting, and I indicated I would bring it forward at this
meeting to get that error corrected.
But if there's another way to do that or a more preferred way to do
that, it's up to the Board. I just want to get it right.
CHAIRMAN FIALA: Is there?
COMMISSIONER NANCE: Well, I don't know. This is
something that's been continued at every meeting for some time. So I
don't know why we want to reconsider something the Board has
supported over and over and over. I'm in favor of just correcting it as a
scrivener's error and let it go on.
CHAIRMAN FIALA: And you and I talked in my office, and I
was fine with that, too. I just figure that something as a scrivener error
doesn't need to go back for a full board hearing.
But how does everybody else feel on here?
COMMISSIONER TAYLOR: What does legal say, County
Attorney?
MR. KLATZKOW: We're talking about -- and, Leo, correct me
if I am wrong -- a disbursement report and a payables report.
MR. OCHS: Yes, sir.
MR. KLATZKOW: Okay.
MR. OCHS: None of which were heard or discussed. It was my
error when I set the agenda.
MR. KLATZKOW: No, I understand. So it's not like that there
was a discussion amongst the Board or a decision made, which is
usually when you do a reconsideration.
If you want to correct the record, reconsideration's a fine way to
Page 8
May 24, 2016
do it. We could do it that way. We can do it by just the Board
declaring it was a scrivener's error, doing it that way. The end result is
that whatever the Board does, what happened happened.
COMMISSIONER NANCE: I'm going to make a motion we just
declare that it's a scrivener's error and dispatch this item without
further discussion.
COMMISSIONER HILLER: I second it.
CHAIRMAN FIALA: Okay. I have a motion and a seconder.
Any further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: And the reason I voted "aye" on
this is the testimony of our county attorney. I am concerned about
form and content and doing things correctly, but if it corrects it in the
proper way, then I'm satisfied. Thank you.
MR. KLATZKOW: Usually you correct the minutes but,
unfortunately here, the minutes didn't really reflect the error, you
know. So we can't do it by correcting the minutes. Reconsidering
something that you guys do perfunctory anyway doesn't strike me as
something that needs to be done. So I think the record's now corrected.
CHAIRMAN FIALA: Very good. Thank you. So then -- and,
Commissioner Hiller, did you have anything, or did we ask you
already? No. We were already to Commissioner Henning.
COMMISSIONER HILLER: I was just going to essentially say
Page 9
May 24, 2016
the same thing that Commissioner Nance said in terms of what the
corrective action should be on this item. It makes most sense to do
what we just voted on.
CHAIRMAN FIALA: Okay, fine.
And then, Commissioner Henning, did you have anything else?
I'm sorry that didn't go your way, but --
COMMISSIONER HENNING: No, that's all right. I'm always
okay with that. It's just the way it is.
I don't have anything else.
CHAIRMAN FIALA: Okay. Very good. So with that, I need to
have a motion to approve the agenda, consent and summary.
COMMISSIONER NANCE: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. A motion and a second.
All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
Page 10
Proposed Agenda Changes
Board of County Commissioners Meeting
May 24,2016
Add On Item 10B: To direct the County Attorney to file a motion to intervene and a motion for
rehearing in the case of Liberty Concrete v.BQ Concrete and Dwight Brock,Clerk of Courts as
Garnishee(15-CA-1603) by the May 25,2016 deadline for the reasons listed under the attached
considerations,upon granting of the rehearing to file a motion to vacate the judgment,and to direct
the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above
action. (Commissioner Hiller's request)
Move Item 16D4 to Item 11E: Recommendation to approve the acceptance of State
Housing Initiatives Partnership Program FY16/17 allocation in the amount of$2,183,568,
sign the Fiscal Year 2016-2017 Funding Certification and approve the necessary budget
amendment. (Commissioner Fiala's request)
Move Item 16D13 to Item 11F: This item continued from the May 10,2016 BCC
Meeting Recommendation to approve First Amendment to the Subrecipient Agreement
with Habitat for Humanity of Collier County,Inc., to shift remaining project delivery
funds between line items in order to fully expend remaining awarded funds for acquisition.
There is no net fiscal impact. (Commissioner Fiala's request)
Add On Item 16E10: Recommendation to extend contract#11-5606 with CenturyLink
"Telecommunications Voice and Data Services." (Staffs request)
Continue Item 16F1 to the June 14,2016 BCC Meeting: Recommendation to award
Invitation to Bid (ITB)#16-6644,for Lake Aeration for Pelican Bay to DeAngelo Brothers,
LLC d/b/a Aquagenix("Aquagenix") for$97,200 under Project#50108, "Lake Aeration
for Pelican Bay." (Staffs request)
Item 16J2: That the Board makes a finding that the expenditures contained in this
report serve a valid public purpose and authorizes the Clerk to make disbursement.
Continue Item 16J3 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 to the Board a "Payables Report" for the period ending May 18,2016 pursuant to
the Board's request. (Commissioner Fiala's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 24,2016
Page 2
Note:
Correction of transposition error on the May 10,2016 change sheet and minutes as follows:
Continue Item 16J3 4 Indefmitely 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
.. • . • . . , . .. . . , , „ . ., . . . . . . . • . . . . . . . • .. • .
.
16J3: To record in the minutes of the Board of County Commissioners,the check number
(or other payment method), amount, payee, and purpose for which the referenced
disbursements were drawn for the periods between April 14 to April 27,2016 pursuant to
Florida Statute 136.06.
That the Board makes a finding that the expenditures contained in this report serve a valid
public purpose and authorizes the Clerk to make disbursement.
Time Certain Items:
Item 13A to be heard at 9:30 a.m.
Item 11C to be heard at 9:45 a.m.
5/24/2016 9:21 AM
May 24, 2016
Item #2B
BCC REGULAR MEETING MINUTES FROM APRIL 26, 2016 —
APPROVED AS PRESENTED
CHAIRMAN FIALA: Okay, very good.
We go on to April 26th Regular Meeting Minutes. Motion?
COMMISSIONER NANCE: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. Motion and a second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. We go down to
proclamations right now.
MR. OCHS: Yes, ma'am.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN ADOPTING BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING VIETNAM VETERANS DURING
THE NATIONAL COMMEMORATION OF THE 50TH
ANNIVERSARY OF THE VIETNAM WAR AND TO EXPRESS
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May 24, 2016
OUR GRATITUDE FOR THEIR SERVICE, VALOR AND
SACRIFICE. ACCEPTED BY SGT. JOHN BLATNER, RETIRED,
U.S. ARMY, MARJORIE GOFF, WHO SERVED AS A NURSE IN
THE U.S. AIR FORCE AND HERIBERTO "EDDIE" HARTNACK,
COLLIER COUNTY VETERANS SERVICES MANAGER —
ADOPTED
MR. OCHS: Item 4A is a Proclamation Honoring Vietnam
Veterans during the National Commemoration of the 50th Anniversary
of the Vietnam War, and to express our gratitude for their service,
valor, and sacrifice. To be accepted this morning by Sergeant John
Blatner, Retired U.S. Army; and Eddie Hartnack, Collier County
Veteran Services Manager; and certainly any other Vietnam veterans
that are in the audience today, we'd welcome you to step forward and
receive the proclamation. Thank you.
(Applause.)
MR. OCHS: Step forward, sir.
Folks, if we can get you all together for a photo, please. Do you
have the proclamation?
CHAIRMAN FIALA: Then I have a proclamation for -- Eddie,
would you want to take this?
MR. HARTNACK: Alex, come up here.
CHAIRMAN FIALA: Alex Gardino, come up here or, rather,
come on down.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MAY 23 TO 25, 2016, AS
COLLIER RETIS SYMPOSIUM DAYS IN COLLIER COUNTY.
ACCEPTED BY CRISTELE COUGET, DELEGUEE GENERALE
Page 12
May 24, 2016
— EXECUTIVE DIRECTOR, EBN FRANCE BY RETIS —
ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 23rd to
May 25th, 2016, as Collier RETIS Symposium Days in Collier
County. To be accepted by Cristele Couget, the Executive Director of
the European Business Network for RETIS, and I believe she has her
whole team with her this morning.
Please step forward, Cristele.
(Applause.)
MR. OCHS: All the members of the delegation.
CHAIRMAN FIALA: Come on down.
MR. OCHS: Line up.
COMMISSIONER NANCE: Everybody in the center.
COMMISSIONER TAYLOR: Two rows, two rows, two rows.
COMMISSIONER HILLER: We should get Marshall Goodman.
Marshall? Marshall?
Marshall? Marshall? Marshall, you're blocking Caroline,just to
let you know.
(Applause.)
COMMISSIONER HILLER: Cristele?
(Speaking in French.)
COMMISSIONER HILLER: And then, Marshall, if you would
step forward and say a few words also, I think that would be welcome.
MS. COUGET: So good morning, everybody, and thank you so
much for hosting us once again.
We are all really honored to be here. And I think that all the
companies, always doing for us tremendous work for our companies.
And I'm also honored to have the Collier County as a new member in
your network, because it's a new thing for us this time.
And I would like to thank you so much for your support,
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May 24, 2016
continued support for five years now, and supporting our network and
supporting our companies to help them come here, develop their
business, and I hope that we will set up shop here soon.
I know that we had one first success last year, was one of our
companies, who was trying to set up shop here in Naples, and I hope
and they hope being able to do the same.
So thank you so much again. Thanks.
(Applause.)
MR. GOODMAN: Commissioners, I just want to add my thank
you to all of you for the support of not only the accelerator but this
program in particular. What you're witnessing is the hard work day to
day that it takes for economic development of innovation companies to
take place. It's a people-to-people business. And I thank you for all of
the leadership you-all have shown behind this program.
And I recall several months ago I was in this very room, and I
was sitting way in the back. And you had a small company here you
were celebrating, and that company was Arthrex. And I say a small
company because Chairman Fiala had noticed during the whole
ceremony, she pointed out at one point that that she recalled when that
company began in the kitchen and on the kitchen table here in Collier
County. And, of course, today it's over a billion-dollar enterprise.
And I get to witness every day that excitement because we've
become that kitchen table for a lot of these startup companies. And
one day, maybe not all of them, but there's a few that we bring through
Collier County that do end up, as Commissioner Hiller pointed out,
active asset allocation. Cristele had mentioned that as well.
They're moving here with four children, husband and wife, the
company, to Collier County, and we think they're going to be a
mega-hit.
So, again, thank you for all of your support and participation as
this program unfolds.
Page 14
May 24, 2016
COMMISSIONER TAYLOR: Just a gentle correction. The
kitchen table story was in Michigan. He brought three employees here,
and he started with three employees, and now I think he has over --
how many? I should know this, but he has hundreds.
MR. OCHS: Yes.
COMMISSIONER TAYLOR: So a gentle correction.
MR. GOODMAN: Thank you very much.
MR. OCHS: Madam Chair, if I could get a motion --
COMMISSIONER NANCE: Move approval of today's
proclamations.
COMMISSIONER HILLER: I just -- may I just say a couple of
words to our French friends?
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: On behalf of the Board of County
Commissioners, as chair of Economic Development, we welcome you,
and we thank you for choosing Collier County as where you want to
start your businesses here in the United States.
Cristele, RETIS has been an incredible partner. And for those
who don't know, RETIS is the French incubator that at this time houses
what, about a thousand companies, is that right? Or how many?
MS. COUGET: Thousand incubators in the world.
COMMISSIONER HILLER: So a thousand is a conservative
number, which is unbelievable. We hope one day to be as successful
as you, because you certainly are a role model. And thank you for
bringing your companies over, and we hope, through Marshall
Goodman, and through the accelerator, to build these Phase 2
companies to the point where they are able to establish themselves here
in Collier County or Southwest Florida, wherever they have the
potential to be most successful.
We're very excited, and we look forward to the next few days
introducing you to our business community, to the Chamber, to the
Page 15
May 24, 2016
Southwest Regional Economic Development Alliance, and to our
university system that will all partner with you and educate you on
how to be successful here in the United States and, in particular, in our
community.
So thank you again. On behalf of the Board, we're really thrilled
you're here.
CHAIRMAN FIALA: And, Commissioner Hiller, aren't you
Chairman of this Economic Development Team?
COMMISSIONER HILLER: I am. So I --
CHAIRMAN FIALA: Just wanted to mention that.
COMMISSIONER HILLER: Thank you. You're very kind. So
-- and I would encourage all members of the Board to meet with these
companies. They're really incredible. What they're innovating is sure
to be very successful and will create jobs here.
COMMISSIONER NANCE: Is there not -- there's a program
going on overseas this --
COMMISSIONER HILLER: Yes.
COMMISSIONER NANCE: -- fall; is that correct?
COMMISSIONER HILLER: Yes. And we have -- and just so
everybody understands, this is -- this is really international business. It
isn't just one way. We have local companies that are seeking to do
business overseas, in France, in Europe, and they will be traveling over
there in France, just like RETIS and these French companies have
come over here. So it is a -- it is a bilateral program, and it is how
business is done today, so it's very cutting edge.
So congratulations, and kudos to all of you from the -- from
Marshall Goodman and the accelerator to Cristele, RETIS, and all the
companies that are visiting with us.
CHAIRMAN FIALA: Thank you, and welcome to the United
States of America.
Now, Commissioner Henning -- or Commissioner Nance?
Page 16
May 24, 2016
COMMISSIONER NANCE: Yes. A motion to approve today's
proclamations.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: And a second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. OCHS: Madam Chair, while we're on this subject of
economic development and we have a few moments before our 9:30
time-certain, I wonder if the Chair would indulge us to go to Items
11A and 11B this morning.
CHAIRMAN FIALA: Sure.
Item #1 lA
RESOLUTION 2016-117: A RESOLUTION APPROVING THE
PROPOSED PROJECT NIKITA AS A QUALIFIED APPLICANT
TO FLORIDA'S QUALIFIED TARGET INDUSTRY (QTI) TAX
REFUND PROGRAM, PROVIDING UP TO $560,000 OF LOCAL
FINANCIAL SUPPORT FOR A CORPORATE HEADQUARTERS
PROJECT WHICH WILL CREATE 560 NEW QUALITY JOBS IN
COLLIER COUNTY, FLORIDA — ADOPTED
Item #11B
A MATCHING COMMITMENT OF CASH OR IN-KIND
SERVICES FOR THE PROPOSED PROJECT NIKITA AS A
Page 17
May 24, 2016
QUALIFIED APPLICANT FOR THE QUICK ACTION CLOSING
FUND (QACF), PROVIDING UP TO $600,000 OF LOCAL
FINANCIAL SUPPORT FOR THE CORPORATE
HEADQUARTERS PROJECT WHICH WILL CREATE 560 NEW
QUALITY JOBS IN COLLIER COUNTY, FLORIDA —
APPROVED
MR. OCHS: Item 11A is a recommendation to adopt a resolution
approving the proposed Project Nikita as a qualified applicant to
Florida's Qualified Target Industry Tax Refund Program providing up
to $560,000 of local financial support for a corporate headquarters
project which will create 560 new jobs in Collier County, Florida.
We'll have the presentation this morning by Jace Kentner, the
Interim Director of your Office and Economic Development, and he's
joined this morning by Kristi Bartlett, Vice President of the Greater
Naples Chamber of Commerce and Opportunity Naples.
Kristi, good morning.
MS. BARTLETT: Good morning.
MR. OCHS: Jace.
MR. KENTNER: Good morning. We're very excited about this
opportunity we have that's before you.
Do you have questions?
COMMISSIONER HILLER: Yeah, I do. I want to know who
came up with the name Project Nikita, because I don't know if people
know who Nikita is, but it's definitely an interesting name. That was
the biggest question I had. And I wanted to know if it was Nikita or le
femme Nikita, because there's a difference.
MS. BARTLETT: I actually do know the answer to that.
COMMISSIONER HILLER: All right. I want to know it.
MR. KENTNER: Kristi knows.
MS. BARTLETT: Nikita is one of the favorite TV shows of an
Page 18
May 24, 2016
employee at Enterprise Florida who was managing the project along
with us. So that is how they came up with Project Nikita.
COMMISSIONER HILLER: And you know the TV show was
actually a Canadian show.
MS. BARTLETT: I did not know that.
COMMISSIONER NANCE: Canadian, eh?
COMMISSIONER TAYLOR: Is that a hint?
MR. OCHS: No, no.
COMMISSIONER HILLER: We're not going there. You-all
ought to catch it.
CHAIRMAN FIALA: Okay. Go ahead.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve and a
second.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I would just like to say that
the thing on this executive summary that jumps out to me and the thing
that makes it so easy for me to support this, what looks like a very
ambitious project, is the estimated capital investment of over $63
million, okay.
When you have a project that comes up with a commitment like
that, you don't have to worry about running around chasing heads on
job creation. You know that somebody is coming here in a serious
way and is putting money into our community and, you know, that --
the success and the compound economic benefit to our community is
certainly going to follow.
So I certainly support this and will make a motion to approve
unless somebody else had done so earlier.
CHAIRMAN FIALA: We already have a motion and a second.
COMMISSIONER NANCE: I will second -- okay, fine. I'm
Page 19
May 24, 2016
good.
CHAIRMAN FIALA: Commissioner Henning was the motion;
the second was you, Commissioner Hiller?
COMMISSIONER NANCE: Wonderful.
CHAIRMAN FIALA: Okay. Any other comments? Oh, yes.
Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I think for the benefit of the
public watching, I think we should just outline what's happening here,
if that's okay. Just briefly talk about what the -- what the excitement is
about and why $560,000 -- yeah, $560,000 we're talking about as local
support for this. So please go ahead.
MS. BARTLETT: This project is going to bring 560 new jobs
into Southwest Florida, into Collier County. Average wage is going to
be just over $49,000, which is much higher than the local average
wage of 43,181.
As you said before, the capital investment's over $63 million.
This is going to be over a five-year period. And as -- with the
Qualified Target Industry incentive locally, we have to have a 20
percent local match, which is the $560,000, which really just boils
down to $1,000 per job.
COMMISSIONER TAYLOR: Thank you. Thank you very
much.
MR. OCHS: Commissioners, I will add that because of the
decision this board made a few years ago to fence off the gaming
compact receipts that coming to Collier County every year for future
economic development incentives, you have money available that is
earmarked specifically for these types of incentives available to you
through your gaming compact receipts.
So that decision you made several years ago is bearing fruit this
morning.
CHAIRMAN FIALA: Thank you, Leo.
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May 24, 2016
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I agree with Commissioner
Nance, the capital investment is significant and clearly is indicative of
a great deal of new job creation. That type of investment will also
generate significant property tax dollars, which should not be forgotten
and will, in effect, be an offset to any contribution that we're making at
this time.
The other thing that's significant to note is that this is -- the
incentive is a combination of state and local dollars, and that is exactly
what should happen. It should not only be the local jurisdiction. It
should be the state and the local jurisdiction in partnership to create
jobs for the benefit of-- while it does seem localized, will actually
benefit the whole state.
So this is a very significant project, and we are very, very
fortunate that this company decided to invest in our community.
CHAIRMAN FIALA: So we have a motion on the floor and a
second.
COMMISSIONER HENNING: That was for 1 1A and 11B.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Oh, I was wondering. I was just going to
say, should 11A, and then we can just follow it up with 11B, but --
COMMISSIONER HILLER: Yes.
CHAIRMAN FIALA: Okay. Commissioner Henning's put it
clearly. So that motion is for 11A and 11B. So -- and there's no
problem with that, is there?
MR. OCHS: No, ma'am.
CHAIRMAN FIALA: Okay. Good. All in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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May 24, 2016
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Thank you so much for being
here.
MS. BARTLETT: Thank you.
CHAIRMAN FIALA: And thanks for all your hard work.
COMMISSIONER TAYLOR: We have a --
DR. DOYLE: I had public comment. Public Comment.
MR. MILLER: I'm sorry. I did not see Mr. Doyle's slip come in.
It was to my right. We have a comment from Dr. Joseph Doyle.
COMMISSIONER TAYLOR: Which item?
DR. DOYLE: This item.
MR. MILLER: Item 11A and B. And he was ceded additional
time from Sandy Doyle, who is present in the back of the room.
DR. DOYLE: Commissioners, Dr. Joseph Doyle. I'd like you to
reconsider your vote.
I have several concerns with this project. As you know -- and it
isn't -- in addition to my medical degree, I have an MBA and a Masters
of Public Administration, so I will use those credentials in discussing
this right now.
As far as the business plan goes, we are relying upon you to
perform due diligence here and not rely solely upon the Florida
Department of Economic Opportunity.
And you should approach this decision as if you're investing your
own retirement funds into a stock or bond purchase or as a
businessman considering a startup or acquiring a going concern.
Number one, what is the business model? Number two, what is
the industry outlook for the next five years?
And, you know, I've been here before when we were talking
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May 24, 2016
about the budget, that the overall economic outlook is not necessarily
very rosy for them to be successful in all of the terms they have to
meet in the next five years in job creation.
Who will monitor the job creation? Yes, I agree, $63 million puts
a lot of money on the table, but who's really going -- we need a person
that's going to look -- if you look at 11B, there are milestones that have
to be met. And who's going to do that?
Do our current residents have the skills required? Will these jobs
go to current residents, or are new labor going to be coming in? What
type of multiplier effect will this business have on our local economy?
If these employees, at $49,000, cannot afford a home in Collier
County, they're going to go to Lee County to live. We will not get the
multiplier effect here for the residential that you typically get. So I
would be suspect of the figures that they may have provided you.
What is the return on investment? What will the impact be on our
current workers; the teachers, the firefighters, and law enforcement?
You just had a seminar on affordable housing. If new people come in,
are they going to squeeze out our current first responders and teachers
that can't currently find adequate housing here? I would look at those
impacts.
I mean, we already know that you need to make $80,000 a year to
afford an average home here in Collier County of$439,000. So, yeah,
great, these are 560 jobs, but let's really look at the whole picture here.
Maybe this --jobs should go to a different county with a lower cost of
living. Maybe this is not the right fit for Collier.
And also, if this is supposed to be a Corporate Headquarters, you
know, usually those executives are making a hundred and plus. I'm a
little suspect, at $49,000, what kind of really headquarter-type jobs
these are. Now, that's the business part.
As a citizen, you all know that I'm a conservative, more
Republican-Libertarian type of guy. And I do realize that we need to
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May 24, 2016
diversify our tourist-dependent and construction-driven economy for
the long term. And I've discussed this with Chairman -- former
Chairman Nance in the past, and we do need to diversify our economy;
however, we need to be cautious.
And we also need to hold the state government accountable here,
too. You know, that $4.9 million dollars that they're throwing in is still
our money, too. We're state taxpayers as well as local taxpayers.
And we're really putting in 1.16 million with the incentives;
560,000 for 11A and 600,000 for 11B. You know, this is crony
capitalism. It's corporate welfare.
This is where the local and the state governments are picking
winners and losers. And where's the equity for the small business
owners who already live here and have started businesses without any
of these incentives at their own personal risk? A lot of them have used
their own credit cards and lines of credit and a hope and a prayer that
they could succeed here. But they didn't get these types of tax breaks
or incentives.
And then we hear horror stories in the public administration of
business journals where schemes like this never pan out on their
promises, and the community is left holding the bag. We hear it up the
street in Bonita Springs. We have VR Labs, an empty building in
foreclosure, a 2011 agreement that failed to create the 208 high-paying
jobs promised by 2016.
General Motors, which I call Government Motors, cost the
American taxpayer $80 billion federal money. And now most of those
jobs are in China with factories in China and profits in China.
So please don't approve this project today. It doesn't really meet
our criteria. Who's looking out for the little guy, and who will make
America great again? Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. The problem with how
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May 24, 2016
this is done is the business is not disclosed, so I could understand the
comments; however, a $49,000 average wage per job and comparing it
to 180-, 150- average home, that average home is a three-bedroom,
two-bath, or three-bath, four-bedroom for a single person to live in. I
don't know if that's a proper comparable.
Maybe it would be for two of those jobs if it's a husband and a
wife or whatever the arrangement is. They can well afford the average
home in Collier County.
So I think the majority of the public would understand, once it is
disclosed, what the business is.
CHAIRMAN FIALA: Yes. And, you know, this --just bouncing
off of what you just said, one of the things we've been saying is we
continue to build very-low-income housing, but we aren't building
housing for these people. They don't qualify for very-low income.
And until we get our act together and start raising that bar a little bit so
we build moderate income and make incentives to build
moderate-income housing, we're not going to be able to fill that need.
And so, once again, here we have another, what, 500 jobs who are
going to need moderate-income housing, and we're still building very
low.
So I hope that we can move forward and build the kind of housing
that the business community is calling for.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I do appreciate the comments
that Dr. Doyle is making. And, you know, certainly economic
development efforts always have a certain amount of risk. But, you
know, after looking over the statistics during my entire service here, I
think you have to -- you have to take a look at -- you know, every
decision that we make of this nature is a risk-benefits analysis.
And, you know, I think we're to the point in Collier County with
our huge, huge reliance on ad valorem tax dollars -- the old expression
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May 24, 2016
that comes back to me is, if you do what you've always done, you're
going to get what you've always got.
And I believe we have to take some well-thought-out chances,
perhaps, or leaps of faith in our Economics Development. And like I
say, that's why I support these programs that have a dedicated capital
infrastructure investment because I know that's a lasting -- that's a
lasting investment in Collier County that's not going to be a hit-or-miss
thing.
I mean, if there's that sort of infrastructure present, it's going to be
generating taxes, and it's going to be taking taxes off of the average
family and homeowner. We can't afford to not take opportunities that
come forward, because the burden is going to get crushing as far as
just ad valorem residential property taxes if we don't do something.
So that moves me to support things like this. And if we have this
big capital-infrastructure investment, I hope people will continue to
give people an opportunity to come to Collier County with industries
that are going to be here to stay. And I think that $63 million means
these people are very serious.
So I do support it and -- but Dr. Doyle's words are not lost on me.
Thank you.
CHAIRMAN FIALA: Okay. And did we vote to approve this?
Oh, yes, we did. We did. And that was as Dr. Doyle stood up there, so
MR. OCHS: Yes.
CHAIRMAN FIALA: -- we had already voted on it.
Okay. Thank you very much. And anybody want to change their
vote?
Oh, Commissioner Hiller, I'm sorry.
COMMISSIONER HILLER: No. My vote stands as on the
record.
The one thing that's important to note is that these state programs
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May 24, 2016
are very carefully developed to be as objective as possible with respect
to the criteria that they use to select the qualified candidate to avoid
crony capitalism.
It is intended to be -- these are intended to be programs where
there is little to no subjectivity in the selection. In other words, if you
apply and if you have the criteria behind you to qualify, you get the
award. It is not a subjective decision. It's a nonpolitical, nonsubjective
decision, as I understand, in the making.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: And that's very important.
CHAIRMAN FIALA: Thank you so much. We have a 9:30, a
time-certain.
COMMISSIONER HILLER: Yeah, sorry.
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2015 AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES — APPROVED
MR. OCHS: Thank you, Commissioners. That takes us to your
9:30 a.m. time-certain hearing. This is Item 13A on your agenda this
morning. It's a presentation of the Comprehensive Annual Financial
Report for the Fiscal Year ended September 30, 2015, and requesting
authorization to file the related State of Florida Annual Local
Government Financial Report with the Department of Financial
Services.
And Ms. Kinzel, your Director of Finance for Clerk of the Circuit
Page 27
May 24, 2016
Court, will begin the presentation.
MS. KINZEL: Good morning, Commissioners. For the record,
Crystal Kinzel, Finance Director for the Clerk, as Leo stated.
Today we have on the agenda a good-news item. 13A is the
Annual Presentation of the Comprehensive Annual Financial Report
for 2015, and we also refer to it as the CAFR, so you probably hear the
accountants calling it the CAFR.
You usually see this report in late February or early March, so I
did want to provide a little public explanation. This year, due to the
implementation of GASB68, which pertained to pensions, the entire
state was somewhat delayed by the data coming from the state pension
plan. So we were not able to complete the CAFR until we received the
data from the State. So it's a little later, but it's still a good product, and
-- but I did want to put that on the record.
The preparation of the CAFR is a year-round process for finance,
and it includes the cooperation of many people, departments, and
agencies. We'd like to thank each of the constitutional officers for
their financial statements. The Sheriff, the Supervisor of Election, the
Property Appraiser, Tax Collector, and the Clerk all have separate
individualized audits that are included in your CAFR at separate tabs.
Those audits are all performed by Clifton, Larson, Allen, the external
auditors, as well as the comprehensive financial information for the
Board of County Commissioners.
So we'd like to thank also the County Manager, his departments,
and staff, all of the support throughout the year. The information that
they do provide us helps us accumulate and gather the information so
that the CAFR can be prepared at year end.
And with that background, small as it is, I'd like to introduce
Marty -- Martin Redovan, also called Marty, with Clifton, Larson,
Allen. He is your independent external auditor, with the firm of
Cliffton, Larson, Allen.
Page 28
May 24, 2016
MR. REDOVAN: Thank you, Crystal.
Again, Marty Redivan with Clifton, Larson, Allen. I wanted to do
a brief overview of the audit and the results of audit for this past year.
I think -- really, to start the conversation, the most important item
to mention is the fact that we audit the financial statements as put
together by the finance department for the Board and each of the
constitutional officers' financial staff. So we don't prepare the
financials. We audit the financials.
You had hired us to audit the financial statements themselves.
We do that under generally accepted auditing standards and
government auditing standards, and we also apply limited procedures
under auditing standards as well.
The federal compliance piece is where we audit the federal grants
under OMB Circular A-133, and then there's the state compliance
piece where we're also auditing the state grants under the rules of the
Auditor General, and there's some additional attestation reports, as
they're known, that are required under the rules of the Auditor General.
So these are the reports that we were to deliver to you, and I'm
kind of going to skip over this in the interest of time, because we'll get
to the results of each. But as you can see, there's, you know, six layers
of reporting that we are to do for you as governance.
So the results of the procedures, the independent auditor's report
is an unmodified opinion on the Comprehensive Annual Financial
Report, as Crystal mentioned. The independent auditor's report on
internal control, there were two findings. One had to do with
inventory that had not been previously reported, so there was a
material adjustment related to that.
And the second finding as far as internal control related to
monitoring subcontractor agreements and a finding there where
compliance requirements were not met.
Within this single audit report, both federal programs and state
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May 24, 2016
projects, we had an unmodified opinion on compliance which means
that we found that the county was in compliance with the requirements
of the grants that we tested; however, we did have some findings over
internal controls over compliance. There were four of them, two of
which related to one grant from the Sheriffs Department, one from the
Department of Elder Affairs, and the third had to do with a Department
of Economic Opportunity grant.
Again, these are internal control findings, did not lead to
compliance issues nor findings-in-question costs.
In the management letter, as required to be issued under the rules
of the Auditor General, these would be -- there's specific requirements
as to, you know, items -- and there were no findings or negative items
within that letter. And had there been findings or recommendations
that were not (sic) considered material weaknesses or significant
deficiencies, they would be in this letter, and there were none.
And then, finally, as you can see, that last bullet, the unmodified
attestation opinions on compliance, that has to do with complying with
the investment statute, the statute over E-911 funds and the
expenditures of those funds, and the receipt and expenditure of
Deepwater Horizon monies as well. So, again, no issues of
compliance there.
The county is very good at trying to make sure that they comply
with all requirements of contracts/agreements of funding sources and
so forth.
So I think this -- you know, the results of this audit kind of
reflects that while there are findings, on an overall basis, given the
volume of activity, it's not that bad. And, again, compliance is key.
There were not compliance findings resulting in dollars that might
have to be returned.
As far as, you know, required communications to you as
governance, there's certain things under our standards. Inherent in
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May 24, 2016
your financial statements are significant estimates. They're listed here.
Those were self-insurance claims, the pension liability,
post-employment benefits, the allowance for doubtful accounts,
depreciation and landfill closure. These are all estimates. They're not
hard numbers. They're inherent in your financials. Not unusual.
We had no difficulties dealing with management. Whether it be
board departments, the finance department, I have to say that everyone
cooperates throughout the audit, and I don't think there's ever been a
time where we've gotten pushback or not welcome into an office. So I
do think the departments here are more than cooperative when we're
doing the audit. We didn't have any disagreements with management.
And then Crystal mentioned the implementation of GASB68
which led to the delay in the issuance. That was a significant GASB
pronouncement that was issued this year and implemented this year --
not issued but implemented.
We talked to you last year about this coming forward, and now
it's here. And what the ultimate result is is, that you are now required
to report your proportionate share of the pension liability for the
Florida Retirement System and the companion plan, the health
insurance subsidy program. That resulted in a million -- $160 million
liability being reported on the county's financial statements for the first
time.
So, again, it's not unusual to Collier County. Every county in the
state -- you know, any participant in FRS had to present their
proportionate share on their financial statements. But it gives you an
idea of what's out there as compared to the overall liability, which is
23.1 billion at the state level. So your percentage -- your proportionate
share is less than one percent; however, it's a sizeable number.
So that was something that we warned you that was coming. It
finally came, late as it was, but it is there, so that would be a big,
significant difference from what you've seen in the past.
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May 24, 2016
With that, I would like to thank everyone in the board
departments and in the Clerk's Finance Department for helping us have
a successful audit this year. And I'll try to answer any questions that
you have.
CHAIRMAN FIALA: Yes. Commissioner Henning?
COMMISSIONER HENNING: Comparables to other
communities, how do we stand as far as service and taxation? Did you
do a comparable on that?
MR. REDOVAN: No. That's outside the audit.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Any other questions?
(No response.)
CHAIRMAN FIALA: Well, it was really a good audit and a
great report. I think we want to thank the Clerk's Office. We want to
thank the budget office and everybody who has been involved to make
this such a --
COMMISSIONER HILLER: And Manager's Office.
CHAIRMAN FIALA: And the Manager's Office, absolutely -- to
make this such a smooth operation. Thank you very much for the
report. And with that, let me ask for a motion to accept the report.
COMMISSIONER HENNING: So moved.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. Motion and a second. 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.
(No response.)
Page 32
May 24, 2016
CHAIRMAN FIALA: And, Crystal, these wonderful books, I
don't want to just throw them out. Can you use them if we hand it
back to you?
MS. KINZEL: Yes, ma'am, we can.
CHAIRMAN FIALA: I thought you --
MS. KINZEL: We would always have one available, and it will
be available online to the citizens momentarily, I believe and -- thank
you.
CHAIRMAN FIALA: Thank you very much. Thanks for all your
hard work, Crystal.
COMMISSIONER HILLER: It should be -- and I'm assuming
you're placing it in all the libraries so people can look at the hard
copies.
MS. KINZEL: We had done that previously, but because it is
available online -- but if you would like, we'll circulate some of the
ones that we get back, and we'll put them out there.
COMMISSIONER HILLER: It's a good idea.
CHAIRMAN FIALA: Thank you so much. Thank you for all of
your hard work, Mr. Donovan (sic). Appreciate it.
MR. REDOVAN: You're welcome. Thank you.
CHAIRMAN FIALA: We move on to our next time-certain,
which was at 9:45.
Item #11C
AUTHORIZE THE CHAIRMAN TO SEND A LETTER TO THE
MARCO ISLAND CITY COUNCIL REQUESTING CLARITY ON
THE FUNDING, TIMING, AND SCOPE FOR THE GOODLAND
DRIVE (92A) ROADWAY IMPROVEMENTS — APPROVED
MR. OCHS: Yes. Madam Chair, that is Item 11C on your
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May 24, 2016
agenda this morning. This is a recommendation to authorize the
g g
chairman to send a letter to the Marco Island City Council requesting
clarity on the funding, timing, and scope for the Goodland Drive
Roadway Improvements.
Mr. Casalanguida will present.
MR. CASALANGUIDA: Thank you, County Manager.
Nick Casalanguida, for the record.
Commissioners, I believe you're very familiar with this item, as it
was a workshop item last year with the City of Marco. We're in the
last two years of our agreement with a 15-year agreement.
And this item simply requests us to start the dialogue again with
the City of Marco to prioritize this road project, get it on the books and
-- funded and booked.
So I think it's self-explanatory. I know you have some public
speakers. I can answer questions. I know you're all familiar with it.
I've been here 12 years. I don't think a year's gone by that this road has
not come up as discussion point at some level.
With that I would -- questions?
MR. OCHS: Nick, if you'd please just explain the primary
recommendation here.
MR. CASALANGUIDA: Sure.
Commissioners, the recommendation is for us to send a letter
requesting that we take these remaining funds, put them in an escrow
account, set up a modified interlocal agreement, and develop a project
management plan so that the folks in Goodland are assured that we
have a timing and a commitment to complete this road project. And
with that letter, I think it will start some dialogue with the City of
Marco.
CHAIRMAN FIALA: That's good. And I feel -- this is my
opinion. But from the things I've heard from elsewhere, we need to get
this job done sooner rather than later. The flooding continues to be
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May 24, 2016
worse every year.
And I just had reports from the Goodland people where one lady
called me. She couldn't get to work because she couldn't get out of
Goodland, and she had to delay -- she had to call her employer to say,
"I just can't get out."
Well, if those are things that are happening, what's going to
happen when we have a big rain, maybe this summer? Who knows?
And they can't get out, but emergency vehicles can't get in to rescue
them either. And there's no other way in or out of Goodland.
So I'm hoping that we can move this along rather quickly so that
we don't have catastrophes occur before we get this road fixed.
And let me tell you, just for the audience's sake, this road isn't just
resurfacing a road. This -- it has been told to us repeatedly by three
different knowledgeable organizations this road needs to be raised two
to three feet. That's a daunting job in itself to raise a road three feet.
And, by the way, remember it's the only road they have in and out.
How they ever do that, I'll never know. But anyway, it must be done.
The Conservancy wants to make sure that there's water going to
both sides but the proper amount of water. There's a lot of people in
on this thing. We need to move forward.
So I'm hoping that all of our commissioners will see fit to do that
as well.
Well, thank you for showing those pictures, Leo.
MR. CASALANGUIDA: Yeah. I think, ma'am, to your
comments, you can see that --
COMMISSIONER TAYLOR: That photograph is worth a
thousand words.
MR. CASALANGUIDA: Yeah.
COMMISSIONER TAYLOR: Look at this.
CHAIRMAN FIALA: Yeah. Thank you. Yeah. We had three of
them right in a row every month, right?
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May 24, 2016
MR. CASALANGUIDA: Yes, ma'am.
CHAIRMAN FIALA: Yeah. And it's been said at times that they
don't have a problem, but here it is, just so you see it.
Anyway, we have some speakers.
MR. MILLER: Yes, ma'am. We have two registered speakers
for 11C. Garrett Beyrent will be followed by Mike Barbush.
MR. BEYRENT: For the record, good morning. I've been asked
by several residents of Goodland to put my two cents in for their
benefit.
Basically, everything Donna Fiala just said was what I was going
to say, so I won't belabor this.
I was specifically requested to ask the commission if they would
appoint the County Manager's Office to handle all negotiations directly
and take that responsibility.
And that was somewhat only by my suggestion that about six or
seven years ago I first met Nick Casalanguida, and it was involving
road construction, and he would baffle me with his plans, and the
result of which is the one -- as you're leaving Marco Island now, it's
incredible. You can actually get through that intersection out onto 41,
and that was plans that were made many years ago. This guy's
thinking so far ahead that by the time the traffic starts piling up, it's
already been resolved.
So they asked me to ask specifically for Nick Casalanguida who,
of course, refused because he doesn't like me that much, so...
MR. CASALANGUIDA: No.
MR. BEYRENT: He's the guy that's qualified, and Leo will make
him do it. So that's what -- that's what I'm requesting is that the
commissioners direct the County Manager's Office to handle it and get
a road in there. Unless that -- unless you want to have those people all
in Goodland learn how to swim, you know, at the North Naples county
park, which is $20 now.
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May 24, 2016
So, anyhow, that's it. And I won't take any more of your time.
Thank you very much.
MR. CASALANGUIDA: Commissioners, just to be clear, I've
got a good relationship with the gentleman, and I like him very much.
He's fine.
MR. MILLER: Your next speaker on this item is Mike Barbush.
CHAIRMAN FIALA: I never saw you blush before.
MR. BARBUSH: Good morning, Commissioners. Mike Barbush
representing the Goodland Civic Association, 690 Palm Avenue West
in Goodland. I'm a 36-year resident of Collier County and past
president of the Goodland Civic Association.
For over a decade, we've been working with City of Marco to try
to do some improvements on the road since the city was incorporated.
Initially, we were able to get a bike path installed, and a couple
years after that we were in the process of having some plans drawn up
to raise the road through the second public works director. None of
those plans ever came to fruition.
The current city council doesn't think that there seems to be any
kind of a problem with the road. Over the past few years, virtually
nothing has been done to improve the road. Putting stone along the
right-of-way to, quote, stablize the shoulders and putting "no parking"
signs is not an improvement.
The city -- the civic association and the county staff has had
numerous meetings over the past three years with the city with no
forward movement. A joint session between the councilors and the
city last year yielded nothing, but recently City Councilor Larry Honig
has come up with a white paper and is requesting that the city propose
a resolution to return the road and the $2 million to Collier County.
This proposal got no traction over the last couple months, but at
last Monday night's city council meeting, which I attended, Larry
Honig brought this proposal back up.
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May 24, 2016
So I kind of see a little light at the end of the tunnel here. I can't
look into these guys' minds and find out which way they're going, but
I'm hoping that we have the necessary four votes to move this on.
So this coming Monday night's meeting at the city council,
Councilor Honig is going to try to bring up the resolution again to give
us back the road and the $2 million and walk away from this.
He had a white paper that he came up with, I think it was about
six, seven months ago; very detailed, explained, you know, why this is
going to be a burden on the city not only after -- even if they got their
$2 million and everything goes through, they're not going to do
anything to that road afterwards.
The relationship between the county and the city at this point is
probability the lowest I've seen in the 30 years that I've been here, and
my suggestion at the last city council meeting was that they come up
with a 7-0 resolution vote for it to try to move the dialogue between
you and them a little farther down the line.
There's nobody here from the city today. I don't know how much
you talk to city councilors or if you know city councilors, but there's a
disconnect here. And I have said to them plenty of times that we
would be more than happy to be the mediator. And with all the time
that Nick and Leo have put in with different meetings and all that sort
of thing, we still want to be part of this as the Goodland Civic
Association.
And I urge the city council on Monday night's meeting to pass
this resolution, give the road back to Goodland, and give us back the
$2 million so that we can begin the hard work of getting the permitting
going, getting -- finding the funding from you-all.
The hard work is going to start after we get the road back. This --
what we're doing now hasn't been easy by any stretch, but we still have
a long way to go to get that road into a shape where we can all get in
and out, as Donna said.
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May 24, 2016
So hopefully on Monday night's meeting the city council will
approve the resolution and we can move on down the line.
I want to thank Nick and everybody, and Leo, for all the time --
every time we pick up the phone and call Leo, he calls me back. The
same with Nick, and I -- the communication is just fantastic on our
end. And I can say that -- a few of the council members the same thing
on Marco. But the two have to meet, and we need to get this problem
solved as quickly as possible.
CHAIRMAN FIALA: Thank you.
MR. BARBUSH: Thank you very much.
CHAIRMAN FIALA: Just by way of explanation, you see this
road is within the city limits of Marco Island, but it leads to the
county-owned or the county -- not owned, but county portion of land
which is called Goodland. And so in order to get to the county, you
have to go on the city road.
It used to be under our purview. It was turned over to the city,
but now they don't have any taxpayers down there; one. They have
one taxpayer down there. Everybody else is a county taxpayer, but
they're beholden to the city to fix the road.
So I think you're -- our -- all of the suggestions about giving the
city -- giving the county back this road and working out the financial
arrangements together so that we can all live with the final outcome is
so important.
MR. BARBUSH: We have three things that we have in common
with the city. We have the road, number one; we get our water from
the City of Marco Island even though we're in the Collier County
public utilities; and we have our fire. The Marco Island Fire
Department comes out with us.
We want to keep a good relationship with the City of Marco, and
we have on those other two issues. And when the COPCN comes up,
we're in the process, through the Goodland Civic Association, of
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May 24, 2016
creating a letter and supporting the COPCN.
Having said that, this is a thorn. And until we get some resolution
to this -- and I have to tell you, I know that there's some pushback from
the city about how some of the funds are spent through the county, and
maybe they're not getting their -- everything that's due to them. Well,
without dialogue -- and maybe this is an olive branch to start dialogue
and get something rolling -- we're at a stand-still down there. And I've
been on Marco for 36 years. I do all my business down there and, you
know, like I say, I don't have an axe to grind with them, but this is a
matter of public safety and our welfare down there in Goodland.
And to my -- now it's become urgent. I mean, so the fact that we
haven't sent them the money this time has got their attention, and I
think that, hopefully, Monday night's meeting will have some
resolution.
CHAIRMAN FIALA: Thank you, Mike.
MR. BARBUSH: Thank you. I appreciate all you've done for us.
CHAIRMAN FIALA: Speakers -- or Commissioner Nance.
COMMISSIONER NANCE: Yes. I'm very concerned about the
potential for a very bad outcome down there, and I know
Commissioner Fiala is very, very attentive to Goodland. And I'm not
trying to intrude onto her district.
But I would certainly ask the County Manager to get with Mr.
Summers and make certain that we have a communications system for
this upcoming hurricane season, because in the worst-case scenario,
you get a situation where these people go to bed, and they wake up in
the morning in daylight, and they've got a road flooded and they can't
get off the island. If you had a high-tide circumstance that hit just
wrong with an incoming storm, you could strand these people with
very little option to get them out.
So I certain -- nobody wants to see that happen. So I think it's -- I
think it's a duty we have to have a communication system between
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May 24, 2016
now and the time this road is fixed to make sure we work with the
Goodland Civic Association, the community down there to make sure
we have a communication pathway so those people can be warned to
get off the island before they get stranded. And I don't know what else
we can do. We just have to work through it.
CHAIRMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: I became aware of this just a year
and a half ago, and under Commissioner Fiala or Chairman's
leadership, you know, I -- I know that she has been concerned and
continues to be very, very concerned about this. And it's really a
health, safety, and welfare issue.
And I understand the original agreement was crafted at a time
when the -- I believe the island wanted independence from Collier
County, and I understand what had happened at that time but, you
know, I'll sound like a parent, but there's also a responsibility here, and
there's a responsibility because it was understood, although legally it
wasn't crafted exactly like that, that the grant on a yearly basis was
given to improve this road to make it safe. And 2015 is right in front
of us.
So it's time to, you know, step up to the plate and make it right.
And I would be very interested in understanding what it would take to
get the road back into Collier County.
Thank you.
CHAIRMAN FIALA: Thank you very much.
So with that I ask, is there a motion on the -- from any of the
commissioners?
COMMISSIONER NANCE: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second. Any
further comments?
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May 24, 2016
(No response.)
CHAIRMAN FIALA: Commissioner Henning, you used to boat
there a lot, didn't you?
COMMISSIONER HENNING: Used to.
CHAIRMAN FIALA: 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.
(No response.)
CHAIRMAN FIALA: Thank you.
Thank you for being here.
Item #10A
REQUEST FOR RECONSIDERATION OF ITEM #16J4 FROM
THE MAY 10, 2016 BCC MEETING — DISCUSSED
Item #10B
TO DIRECT THE COUNTY ATTORNEY TO FILE A MOTION
TO INTERVENE AND A MOTION FOR REHEARING IN THE
CASE OF LIBERTY CONCRETE V. BQ CONCRETE AND
DWIGHT BROCK, CLERK OF COURTS AS GARNISHEE 15-
CA-1603 BY THE MAY 25, 2016 DEADLINE FOR THE
REASONS LISTED UNDER THE ATTACHED
CONSIDERATIONS, UPON GRANTING OF THE REHEARING
TO FILE A MOTION TO VACATE THE JUDGEMENT, AND TO
DIRECT THE CLERK TO RECOVER THE COUNTY FUNDS
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May 24, 2016
WRONGLY PAID BY HIM TO LIBERTY CONCRETE IN THE
ABOVE ACTION - MOTION FOR THE COUNTY ATTORNEY
TO INTERVENE WITH THE CASE AND MAKE A FINDING
WHETHER ACTION NEEDS TO BE TAKEN TO RECOVER
FUNDS THE CLERK PAID LIBERTY CONCRETE —
APPROVED
MR. OCHS: Madam Chair, that takes us back to Item 10, Board
of County Commissioners. Item 10A is a Request for Reconsideration
of Item 16J4 from the May 10, 2016, Board of County Commissioners
meeting. That item was placed on the agenda by Commissioner Hiller.
COMMISSIONER HILLER: Commissioner Fiala, may I?
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HILLER: Can I address the item?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Thank you.
Leo, would you be kind enough to put my request for
reconsideration on the overhead?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And then what I'm going to ask
next is for the schedule to be put forward. I just want to explain my
request for reconsideration first.
Specifically, what I am asking is that the payables, which are
listed on the vendor list as owed to Buddy Quarles be removed from
this payables report, and you'll see there are one, two, three four, five
invoices that were added to the last meeting's payable report.
And the reason that I'm asking that we consider -- reconsider
these being on the payables report is because we have a pending FDLE
investigation, and at this time we do not know that we owe these
monies to BQ. And so they should be removed pending the outcome
of the investigation, and that would be what we would discuss at the
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May 24, 2016
time that we bring this back under discussion.
So if I could ask for your support to reconsider. And I just -- and
maybe reconsideration is not the appropriate action. I'm not 100
percent certain, and I'm going to look to the County Attorney to guide
me, because this report, given the correction this morning, was actually
not approved and was, in fact, continued, so we didn't actually approve
these payables for payment; notwithstanding, I think what we need to
do is not have them on this payables list.
So I'm going to defer to the County Attorney as to what is the
appropriate way to handle it. It's a little bit of a hybrid issue here again.
Whatever you recommend.
MR. KLATZKOW: What I recommend is that, in my opinion,
this item is linked with 10B.
COMMISSIONER HILLER: It is.
MR. KLATZKOW: And it's difficult for me to answer with --
one without answering the other, especially with Board direction.
So if you don't mind, if we can combine these two items into one
discussion, I think I'd be able to give you a better answer.
COMMISSIONER HILLER: All right. Is that okay with you,
Commissioner Fiala?
CHAIRMAN FIALA: It is. How about the other board
members?
COMMISSIONER TAYLOR: That's fine. It makes more sense.
CHAIRMAN FIALA: Commissioner Henning wanted to say
something, though.
COMMISSIONER HENNING: Yeah. A question for Crystal.
Crystal, have these checks been issued?
MS. KINZEL: Yes, sir. Under the garnishment, the check was
issued to Liberty Concrete by court order.
COMMISSIONER HENNING: Have they been cashed?
MS. KINZEL: I do not know that.
Page 44
May 24, 2016
COMMISSIONER HENNING: Yeah. So how can you
unscramble the egg? How can you put the yolk back in the white?
They already have the check.
COMMISSIONER HILLER: Yeah. Well, they -- if the money is
owed back to the county, then through the court system we can recover
that money. And it was improperly and incorrectly paid to Liberty.
And as noted, if you'll see, you know, Liberty is not even listed as
a vendor on the payables report nor was Liberty listed as a vendor on
the disbursement report of that week. So, in fact, the Board of--
COMMISSIONER HENNING: This is a reconsideration --
COMMISSIONER HILLER: Okay. Excuse me.
COMMISSIONER HENNING: -- on actions that --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: -- have already been --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: -- taken place --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: -- since the Board has approved
it.
COMMISSIONER HILLER: The -- no.
COMMISSIONER HENNING: The checks were issued.
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: And you want to reconsider --
COMMISSIONER HILLER: Okay. The Board of County
Commissioners --
COMMISSIONER HENNING: -- not paying it when it's already
paid.
COMMISSIONER HILLER: If I may, the Board of County
Commissioners did not approve payment to Buddy Quarles and was
never told that payment was going to be made to Liberty; therefore, if
the Clerk made payment, it was not with the Board's approval, as I
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May 24, 2016
clearly pointed out in the considerations in the executive summary.
COMMISSIONER HENNING: The reconsideration.
CHAIRMAN FIALA: Let me just interrupt for a minute. We're
now talking about 11 -- or IOB, right --
COMMISSIONER HILLER: IOB, correct.
CHAIRMAN FIALA: -- rather than --
COMMISSIONER HILLER: Correct.
CHAIRMAN FIALA: Okay. Just so that I get that straight.
Thankou verymuch.
y
COMMISSIONER HILLER: Yes. So, in effect, what happened
is the Clerk of Courts failed to advise the Board of County
Commissioners that he had been sued in a garnishment action by
Liberty, who he was joined in the suit between Liberty and BQ, and
without notifying the Board, notwithstanding that he acknowledged to
the Court that the Board had an interest in the property, he failed to
defend and allowed a garnishment judgment to be entered against him,
again, with respect to what I will say was an inflated invoice since the
invoice from Liberty was for 10 bins and not eight bins. It related to
the bin job that Liberty had been subcontracted on by BQ.
And, by the way, BQ has been paid in full for that job, and the
dispute is between BQ and Liberty and not between the county and
Liberty.
So to that end, what -- given the fact that we have the FDLE
investigation ongoing, given the fact that at this time we do not know
how much BQ may, in fact, owe us, it is essential that we recover these
county funds because it is county property, not BQ property in the
county's possession.
And so I am asking the Board to direct the County Attorney to
file a motion to intervene in this case, and that has to be done by
tomorrow because the case is ongoing until tomorrow. We have the
ability to intervene 10 days after the issuance of the Court's order, and
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May 24, 2016
that was on May the 15th.
And to ask the County Attorney to do everything necessary to
recover these county funds back to the county coffers, and then we
can, after the close of the FDLE investigation, make a determination of
what payment, if any, should be made to BQ in light of whatever
FDLE's determination is.
The Clerk has basically acted as if there is no FDLE investigation.
The Clerk has made payment as if he did not conclude in his own
internal audit, which he presented to us several meetings ago, that BQ
padded its invoices to us.
And so, in effect, if we allow this payment to go through, Liberty
and BQ, in effect, will have been paid twice for the same work by the
county and paid more than it should have been paid given that it
appears that the underlying Liberty invoice is inflated.
CHAIRMAN FIALA: Okay. Now, I have Dwight standing here.
I've got Commissioner Taylor first up.
COMMISSIONER TAYLOR: I'd like to ask the County
Attorney something, if I may.
CHAIRMAN FIALA: Sure, go ahead.
COMMISSIONER TAYLOR: County Attorney, how do you
deny a writ of garnishment from the Court?
MR. KLATZKOW: How do you deny a writ of garnishment
from the Court?
COMMISSIONER TAYLOR: The judge says, I'm going to --
yeah, how do you deny it?
MR. KLATZKOW: Okay. Let's talk about this particular
instance.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: In this particular instance, you had an order
where the garnishment was conditioned on the Board's consent of the
payment of invoices.
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May 24, 2016
You approved those invoices at your last meeting. Now, you may
not have known that you did that, all right, but you did; hence, the
reason for the reconsideration.
I've always been reluctant on a reconsideration when it came to
checks. I don't know how you unscramble that egg. But if you believe
that that payment was improper, all right, and that the money should
come back, especially in light of the criminal investigation going on, I
will do everything I can to get that money back, making no assurances
that I can given what has happened at this point in time.
COMMISSIONER TAYLOR: So when the Judge decides and he
-- a writ of garnishment is a judicial decision; is it not?
MR. KLATZKOW: Yes. You had an order. The order was
conditioned on your approving the invoices, which you did at your last
meeting.
COMMISSIONER TAYLOR: Okay. I just -- you know, I
always thought when a judge tells you to do something --
MR. KLATZKOW: Okay. But mind you, we were not a party.
This board was not a party to that proceeding. I was unaware of that
proceeding until Commissioner Hiller's Executive Summary came
around.
COMMISSIONER TAYLOR: Is that a problem that we were not
a party to it?
MR. KLATZKOW: Had you been a party to it, we would have
had knowledge about it and, you know, clearly we would have raised
certain defenses like the criminal investigation going on and whatnot.
There may not have been, by the way, a different result. Of course,
had you known that your permission was required for the invoices, you
would have clearly made -- had the opportunity to make a decision that
on under no circumstances will these invoices be paid.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: You were never given that opportunity.
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May 24, 2016
COMMISSIONER TAYLOR: Okay. From lack of knowledge.
MR. KLATZKOW: From lack of knowledge, yes.
COMMISSIONER TAYLOR: Not deliberately doing
something?
MR. KLATZKOW: No. There's nothing here deliberate, I don't
think.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HILLER: On the part of the Board.
COMMISSIONER TAYLOR: But I don't understand how it's a
part of the Clerk. What is deliberate on the part of the Clerk? I mean,
that's what this is all about. Here we go. So what is deliberate? If the
Judge orders a writ of garnishment, what's a judge -- what's anyone
supposed to say? No?
MR. BROCK: Madam Chair, may I speak?
CHAIRMAN FIALA: Yeah. I've got people lined up here to
speak, but we will let Dwight interrupt everybody.
Go ahead, Dwight.
MR. BROCK: Ladies and gentlemen, let's make it very clear to
start with. The bills that you approved have nothing to do with the
bins.
We have been auditing BQ's bills. We have about $240,000
worth of bills which were outstanding that we were auditing. As we
went through and audited those, we went out and actually measured
the concrete and everything. And these are the ones that we have
audited and made the determination that there isn't a problem with. As
that occurs, we will be bringing additional ones to you.
We started out this process with a -- after we came and told you
that we were auditing this, I think Commissioner Hiller went on TV
and said, you know, Mr. Brock is trying to punish people by
withholding payment. And now then all of a sudden while we're trying
to pay it, we shouldn't be paying it. You got to tell me which one of
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May 24, 2016
them it is that you're really trying to get at.
But let's explore what transpired here, okay. In this particular
case, the subcontractor, Liberty Concrete, filed suit against BQ
Concrete for work that he did on those bins. Had no interest on the
part of the Clerk or the county with regard to that, and the Court
entered a judgment on behalf of Liberty Concrete in that action.
Once that action was completed, then Liberty Concrete filed what
is called a petition for a writ of garnishment. That petition was served
on the Clerk of the Circuit Court through the process of a summons
telling us, essentially, we have this judgment, if you have any interest
in property, you need to tell us what it is.
Let me read to you the Clerk's response. In part it says that the
Clerk is the custodian of Collier County funds and this duty is
nondiscretionary, rather it is mandated and well established that -- the
Clerk has a fiduciary, essentially.
And it says that the Board of County Commissioners has not yet
approved an expenditure of the following amount but may be, perhaps,
indebted to plaintiff as -- in an amount as great as $234,873 to BQ
Concrete. This amount has not been tendered to BQ nor any other
party because the Clerk is in the process of conducting an audit of the
requested expenditures and is currently investigating alleged
misfeasance or malfeasance of one or more BQ, LLC, employees
and/or agents.
All of-- as the custodian of all county funds, the goal of the Clerk
is to protect the public funds from misappropriation and to verify the
legal payment and to ensure that county funds are expended only as
authorized by law.
The Clerk, as Custodian of County Funds, believes Collier
County may or may not be indebted to Collier County -- or Clerk may
be indebted to the defendant, BQ Concrete, LLC; however, if the Clerk
determines that the funds are owed to the defendant, the Clerk will
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May 24, 2016
maintain custody of the funds until otherwise directed by the court of
competent jurisdiction for me to release those funds. That is,
essentially, the answer that we gave to the Court.
Then the Court sets a hearing before the Court on the judgment
for garnishment. I personally appeared on behalf of the Clerk to
ensure that the Court knew and understood until such time as the
Board had approved it and the Clerk had approved it for expenditure,
there could not be any disbursement of funds. But once that took
place, I would then be in custody of funds that were to be disbursed to
BQ Concrete.
Ladies and gentlemen, this action doesn't involve Buddy Quarles
at all. It is BQ Concrete, LLC.
Now, as this process took place, we finished auditing some of the
bills; we brought them to you for approval pursuant to the court order.
We put them on the schedule, brought them before you. We had
audited them and determined that it had a valid public purpose and
they were legal. We got what we were entitled to. We brought them
to you pursuant to the direction of the Court in the Court Order in the
other case. You-all approved them. So we do what we did with every
other bill.
We at that point in time followed the direction of the order of the
Court, which says, the Clerk has sequestered sufficient funds to pay the
invoices from BQ. The Clerk, in conjunction with the Board of
County Commissioners, is in the process of investigating the invoices.
In the absence of formal approval of the invoices by both the Clerk and
the Board of County Commissioners, none of which have occurred, the
Clerk is not authorized to make any payments to BQ.
The Clerk shall exercise all reasonable diligence in completing its
investigation. If it determines the payments are due, it shall exercise
the same diligence and facilitating for payment from the BCC.
If at any time before the BCC and the Clerk formally approve any
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May 24, 2016
of the invoices, the Court finds that for the purposes of the plaintiffs
writ of garnishment only, the county's obligation to pay BQ relates
back to the plaintiffs petition for writ of garnishment.
Okay. In essence, what it said was, until such time as it has been
approved by both the Board and the Clerk, you cannot make any
payment.
But if, in fact, it's approved by the Board and the Clerk, you make
payment not to BQ. Even though it's BQ's bill, you make payment to
Liberty Concrete. It was an order directing me what to do by the
Court.
The documents I will submit into the record of everything that
transpired there.
I know nothing about the case that precipitated the judgment of
which the garnishment was issued on. I did everything by the book.
If you have any questions, I'll be more than happy to answer
them. I did what the Court directed me to do.
But let's understand something, ladies and gentlemen. I have
sequestered more than enough funds owed -- or in the form of bills
from BQ to make Collier County whole with everything that I'm aware
of at this point in time plus much more.
CHAIRMAN FIALA: I know that you need to take a break. It's
time for you to take a break, but we need to finish this. And so -- can
you --
COMMISSIONER NANCE: Let's take a break.
COMMISSIONER HILLER: Let's take a break.
CHAIRMAN FIALA: Can you -- take a break? Okay, good.
We'll do that then. Thank you.
We'll take a break for 10 minutes, all right.
(A brief recess was had.)
CHAIRMAN FIALA: Thank you. And we're back in session.
Okay. So now, Commissioner Nance, you're up.
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May 24, 2016
COMMISSIONER NANCE: Well, I don't know. This whole
thing is very confusing to me, and I don't really understand exactly
how we get here.
It's my understanding -- now correct me if I'm wrong, but this is
the way I'm looking at it. And my understanding on this is absolutely
incomplete, and I think everybody's -- I don't think anybody is acting
with full knowledge of the facts.
We have an ongoing investigation on the activities of BQ
Concrete, and not only that, but one of-- the subcontractor for BQ
Concrete under some of this is Liberty. So we've got different invoices
from Liberty. I don't think it's clear who owes what to who between
BQ and Liberty.
In the meantime of this criminal investigation, we've already
expensed money, it's been suggested, we've improperly -- or overpaid
BQ, so we don't know what money is owed to the county with definity
yet. That is still under investigation and undetermined.
I don't see how we can possibly know what money, if any, is
owed to Liberty from -- you know, they're saying they haven't been
paid. We don't know. I think the investigation has to be completed
before we know that.
In addition to that, in the interim, Mr. Quarles dies, so now we
have an Estate of Mr. Quarles. I don't think anybody understands
when the relationship is between BQ Concrete and the Estate of Mr.
Quarles, which creditors other than Liberty are out there to deal with
what BQ Concrete owes to who and what the effect of Mr. Quarles'
Estate is on this whole thing.
So, and in addition to that, I don't think the Court is aware of all
of this, and I certainly know that the Board of County Commissioners
is unaware of it. There was no discussion of this at the last meeting,
for some reason, as to some resolution of what was going on with the
debt to BQ. I thought this was all under investigation.
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May 24, 2016
So how we can get to this point and say that we should be writing
additional checks to somebody is beyond me, because I don't know
who owes who to who, and I don't think we're anywhere close to
knowing, so --
MR. BROCK: May I respond?
COMMISSIONER NANCE: I think that the -- I'm not sure that
the Court understands it either, and I'm not saying the Court made an
error. I'm just saying I don't know how anybody knows enough to be
able to pay -- to be able to pay anyone at this point, and I don't know
how we get to that.
MR. BROCK: May I respond now?
CHAIRMAN FIALA: Dwight, I've got two other commissioners.
MR. BROCK: Okay. But may I respond to what he said?
CHAIRMAN FIALA: Okay. Can you cut it short, though?
Thank you.
MR. BROCK: The Court entered a judgment. Obviously, the
Court knew what it was doing when it entered the judgment.
I was not a party to that, Commissioner, neither were you, but I'm
assuming that the Court knew what it was doing, and that's the only
thing I can do is assume that it knew what it was doing when it entered
a judgment against BQ Concrete Corporation on behalf of Liberty
Concrete Corporation.
COMMISSIONER NANCE: Mr. Brock, I'm not saying that the
Court acted improperly with the information that it had. What I'm
suggesting to you is it has not been provided full information by either
you or the Board of County Commissioners or any of these other
parties.
So what I'm saying is, we got a bad result that may not be the
fault of the Court or yourself. But am I incorrect saying that all this
stuff is unresolved? It's all -- is any of this resolved?
MR. BROCK: What is bad with the result? The little man got
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May 24, 2016
paid. Is that so bad?
COMMISSIONER NANCE: Sir, I'm not so sure there aren't a
whole bunch of little men and other creditors involved in this thing.
I'm concerned that we may be taking action and have these other
creditors come back and say, hey, the Board of County Commissioners
is picking winners and losers. You paid this guy where there may be
another creditor out there somewhere in this conundrum of nightmare
that is in a worse position than Liberty. And I'm not sure the Court's in
a position to know that. I certainly don't know that. But I would not
be surprised if there were people standing in line.
MR. BROCK: Well, Commissioner, let me read the final
judgment --
COMMISSIONER NANCE: I don't want you to read me the
final judgment.
MR. BROCK: -- of garnishment. It answers your question. It
says that they will stand in line ahead of anyone else that steps
forward, and Liberty will be paid first. The judgment says that,
Commissioner.
You know, here's the problem with this: The problem with this is
what I have been saying since day one. You-all don't have a clue as to
what it is you're approving. You're just rubber-stamping the document
that gets brought to you.
CHAIRMAN FIALA: Okay, okay, okay. Now, let's not make
accusations. And, you know, we've got --
MR. BROCK: That's all you-all have been doing all morning,
Commissioner.
CHAIRMAN FIALA: Dwight, we've got two other speakers.
Let us hear the other speakers. The first one is Commissioner
Henning.
MR. BROCK: Certainly.
COMMISSIONER HENNING: Mr. Brock, Dwight --
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May 24, 2016
MR. BROCK: Yes.
COMMISSIONER HENNING: -- did you get copies of this
add-on item on all the backup material?
MR. BROCK: Yes, sir, we did, yesterday about three minutes
before five.
COMMISSIONER HENNING: About the same time that the
rest of us did.
MR. BROCK: I have no idea when anybody else got it. But I
can tell you we didn't get it until right before we walked out of the
office yesterday.
COMMISSIONER HENNING: Now, in this case, like I would
assume any other case, all documents submitted in a court on a legal
action is valuable in your records, right, your court records?
MR. BROCK: They are. And Commissioner Hiller actually on, I
think it was April the 12th, acknowledged that she was fully aware of
the litigation going on between Liberty and BQ.
COMMISSIONER HENNING: Oh, that's surprising. Well, I
shouldn't say that.
MR. BROCK: Would you like the transcript?
COMMISSIONER HENNING: Of the Court's?
MR. BROCK: Yes. No, of the meeting. I mean, we're -- your
County Attorney told, basically, the world that what needs to happen is
BQ needs to be sued by Liberty, which Liberty did.
COMMISSIONER HENNING: Well, my question is, any of this
backup material that you got a few minutes before five last night --
MR. BROCK: Right.
COMMISSIONER HENNING: -- is in the court record except
for the findings of the Court's?
MR. BROCK: The findings of the Court are in the court record.
COMMISSIONER HENNING: Right, the finding in the Court,
but the submission of Liberty's -- in Liberty's argument for
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May 24, 2016
garnishment, is that in any of this backup material that you received
from the county? Obviously, he had --
MR. BROCK: I don't know the answer to that.
Crystal, was it? Did you get the --
MS. KINZEL: No, sir. I have the whole package, and only the
final judgment of garnishment and the amended final judgment of
garnishment was included in the agenda item.
COMMISSIONER HENNING: So the Judge had to make a
finding that there's actual cause for garnishment?
MR. BROCK: Well, I mean, absolutely. The Judge took
testimony.
I spoke to the Court and explained to the Court that nothing could
be paid until such time as both the Board of County Commissioners
and the Clerk of Court had approved the expenditure, and until that had
occurred, there would be nothing that was in the hands of the Clerk
that technically would be BQ Concrete's. And the Court fully
understood that and wrote that into his order.
COMMISSIONER HENNING: The -- Commissioner Hiller's
alleging that Liberty overbilled BQ. And I'm sure that the Judge --
Liberty had to submit to BQ invoices or something saying --
MR. BROCK: I was not a party to and have absolutely no
knowledge of what was submitted to the Court. That is in the Court's
province. And the Court and the Clerk's Office have an understanding.
COMMISSIONER HENNING: But there's -- in this invoice
that's in the backup material that we received late --
MR. BROCK: Right.
COMMISSIONER HENNING: -- it's not marked as an exhibit
like you would see in the Court. So I would say that everything except
for the findings or the court order was not anything considered by the
courts because it's not even marked as an exhibit.
MR. BROCK: I have no -- no information or knowledge.
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COMMISSIONER HENNING: Now, I think there's --
MR. BROCK: But, Commissioner, let's also understand that in
the Dolphin SAP system at the time that this particular agenda item
was approved, the writ of garnishment was in that system. Both you
and your staff-- all of the commissioners and your staff have access to
SAP. So it was public information from your perspective in that
record.
COMMISSIONER HENNING: The investigation, what -- I think
the -- Leo, the county has asked for an investigation by the Sheriffs
Department or somebody; is that correct?
MR. OCHS: Yes, sir. We went to the sheriff and filed a
complaint. They subsequently handed it off to the Florida Department
of Law Enforcement.
COMMISSIONER HENNING: And what was the request to
investigate?
MR. OCHS: There was a concern about an over -- an inaccurate
invoice that was submitted.
COMMISSIONER HENNING: What invoice?
MR. OCHS: There was two or three of them, sir, from --
COMMISSIONER HENNING: What -- do you recall what they
were?
MR. OCHS: They were subcontractor invoices that didn't match
up with the originals.
MR. BROCK: Was this invoice for the bins one of them?
COMMISSIONER HENNING: Yeah. Was -- which -- was it --
the job that happened at the road maintenance facility one of them?
MR. OCHS: Not to my knowledge, no.
COMMISSIONER HENNING: Are any of them that were on the
payables report in the backup material that the Board approved last
meeting?
COMMISSIONER HILLER: Leo, may I?
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May 24, 2016
COMMISSIONER HENNING: Nope. Madam Chair, I have the
floor.
CHAIRMAN FIALA: I know you do.
MR. OCHS: Again, I don't know, sir. I'm going to have to take a
second look at these. I hadn't seen any payments in a while to BQ so --
COMMISSIONER HENNING: Okay. Well --
MR. BROCK: The answer to that, Commissioner, if I may.
COMMISSIONER HENNING: Here's -- here is the -- do you
know what -- the complaint or the request for investigation by the
county to the Sheriffs Department?
MR. BROCK: Ido.
COMMISSIONER HENNING: Okay. Was it the sidewalk
installation of-- that was on the Board's approved -- for the Board to
approve? You have one, two, three, four, five, six, seven, eight, nine,
10 invoices for sidewalks. Do you know if any of these are being
investigated?
MR. BROCK: No.
COMMISSIONER HENNING: They're not being investigated.
MR. BROCK: No. These are sidewalks that we have gone out,
and we have measured the sidewalks to ensure that they comport to the
bills that were submitted to us for payment.
COMMISSIONER HENNING: Did you --
MR. BROCK: Once we discovered that they were submitted
falsified invoices, we began going through them with a fine-tooth
comb.
COMMISSIONER HENNING: Did you confer this with the
county staff of these jobs?
MR. BROCK: I think we had to communicate with county staff
in order to be able to process these, yes. County staff had to sign off
on them.
COMMISSIONER HENNING: County staff had to sign off on
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them. Was there any reconsideration on their sign-off because it was
being investigated?
MR. BROCK: No. They were actually some of the invoices that
had been submitted by BQ that were still in the hands of your county
staff that had not been approved, and we called and asked them what
was the status of that when everyone was saying, oh, the Clerk is being
mean and not paying the invoices to BQ.
So we were trying to get all of those processed and dealt with.
COMMISSIONER HENNING: Well, Madam Chair, my
comment is, from what I'm hearing, these payments that the Board
approved are not the ones under consideration of investigation.
MR. BROCK: No. Commissioner, I would not go so far as to
say that.
COMMISSIONER HENNING: I've heard -- well --
MR. BROCK: I would go so far to say that, you know, probably
everything that BQ did is under investigation but not as a consequence
of a complaint from the county.
COMMISSIONER HENNING: Well, that's the question is -- I
know that the facility -- maintenance facility is under question. The
bill submitted by BQ to the county is under investigation. And I know
that the Vanderbilt Beach wall is under investigation.
But what I've heard, Madam Chair, is these are not under
investigation, so we should have released payment of these sidewalks.
MR. BROCK: And there's about $185,000 worth of bills that we
have not been able to process yet.
CHAIRMAN FIALA: Okay. That's it, Commissioner Henning?
COMMISSIONER HENNING: Yes, thank you.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
To begin, Mr. Brock, you had a duty to inform the Board when
you were joined in the suit as a garnishee because you know that the
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Board of County Commissioners has an interest in this property, and
only the Board of County Commissioners can sue and be sued in the
name of the county.
You had no right to stand before that judge and say that you alone
could be the garnishee.
MR. BROCK: And I never did.
COMMISSIONER HILLER: And you ought to have also
informed the Court that BQ was under investigation by FDLE and that
the property that Liberty was claiming was BQ's property at this time
is not BQ's property because we do not know to what extent BQ may
owe or the estate of Buddy Quarles may owe the county in light of
what you properly just described as the ongoing investigation of BQ
and not just of specific invoices that Commissioner Henning just listed.
You didn't tell this board when you presented your internal audit
findings of BQ that you were in the middle of this garnishment
litigation. You didn't tell this board. You didn't tell the County
Attorney.
Had you done so, we could have intervened, and we are
indispensable parties in this case. And, in fact, we are indispensable
parties in this case in front of a judge who cannot hear any matter
involving Collier County because there's a standing order that requires
Judge Hayes to recuse himself when any matter regarding Collier
County comes before him.
And Commissioner Nance is absolutely right, there are
unknowns. And to the extent that there are unknowns, we need to
direct the County Attorney to intervene in this case and to give the
County Attorney the opportunity to review all the facts in order to be
able to file a motion for a rehearing to bring the proper facts before the
new judge to make a determination whether or not county property is,
in fact, BQ property and subject to garnishment.
And Commissioner Nance is also correct in saying there are other
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creditors out there. What ou did does not comport with the law, and
Y
you failed to disclose with candor to this board, to our County
Attorney, and to the Courts what was really going on.
You did not defend against the garnishment, and you knew you
should have.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: You're an attorney. If I may.
It is absolutely essential that we give the County Attorney the
opportunity to intervene and let him proceed with making a
determination of how to recover these funds back in the public coffers.
These funds -- and just if I may say one other thing before I continue.
You made the statement, Mr. Brock, that the Board approved payment
based on the payables report that's before us.
MR. BROCK: No, ma'am, I did not say any such thing.
COMMISSIONER HILLER: The Board of County
Commissioners did not approve payment to Buddy Quarles or to
Liberty at the last board meeting. We did not approve payment, with
knowledge, to either of those parties. And, in fact, that discussion was
had by way of email as a result of the incorrect approval due to the
scrivener's error that was described this morning.
You went ahead two days after the meeting, which was held on
May 10th, and on May 12th you issued the check. And what you did
is you didn't have, as backup, money that you had sequestered. You
took BQ's invoices, and you modified those invoices, and you turned
those invoices into credit memos by your staffs own hand, and then
you issued payment to Liberty when you knew the Board had never
approved payment on May 10th to Buddy Quarles or to Liberty or to
BQ for that matter.
And, in fact, again, the schedule that's on the overhead is what
was brought before this board, and what the Board intended, but for
the scrivener's error by the County Manager, was not to approve this
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schedule but rather to continue it because it had not been pre-audited,
just like we do at every prior meeting.
You acted as if there was no pending criminal investigation. You
acted as if your representations to us based on your internal audit didn't
exist. You can't have it both ways.
CHAIRMAN FIALA: So did you want to, then, make a motion
to do something with the --
COMMISSIONER HILLER: Yes, I do. And I'd like to make a
motion -- if I may continue --
MR. BROCK: I would like to respond to what she has said,
Madam Chairman.
COMMISSIONER HILLER: If I may; if I may.
I'd like to make a motion -- thank you, Madam Chair. I'd like to
make a motion to direct the County Attorney to intervene in Case
15-CA-1603 and then to take whatever action is necessary to recover
what the Clerk has improperly paid to Liberty back into the county
coffers because it is our legal duty to do so as the Board of County
Commissioners. These are public funds that should not have been paid
to Liberty.
CHAIRMAN FIALA: Okay. So you have a motion on the floor.
Is there a second to that motion?
COMMISSIONER NANCE: I will second it for discussion.
CHAIRMAN FIALA: Okay. We've got a second on the motion.
Now, Commissioner Henning, you're up next.
COMMISSIONER HENNING: Well, I just want to point out, I
know that we have ongoing add-on items. This was -- information was
voluminous.
And it seems to me like it's more of a campaign issue of
Commissioner Hiller running for Clerk of Court than anything.
But part of what she put in there is the rules for intervention.
Anyone claiming an interest in pending litigation may at any time be
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May 24, 2016
permitted to assert the right for intervention.
But intervention shall be in subordination to and reconsideration
of the propriety main -- of the main proceedings unless otherwise
ordered by the Court at its discretion.
This is not pending litigation, all right. There's already a ruling by
the Court.
COMMISSIONER HILLER: It's pending until tomorrow.
MR. BROCK: Commissioner?
COMMISSIONER HENNING: So -- and the other thing, you
know, this -- this quarrel between the County Manager and the Clerk
of the Court of these items, how many other companies are not getting
paid because you're asking for a continuance until the Clerk of Court
audits?
MR. BROCK: Commissioner, this is not the report that you-all
approved these on.
COMMISSIONER HENNING: I'm sorry?
MR. BROCK: Contrary to Commissioner Hiller's assertions --
look, there is a case between the Board of County Commissioners and
the Clerk of the Circuit Court, and a court entered a temporary order
setting forth the procedure that is to be followed in you approving and
the Clerk making payment. That report comes to the Board every
week, or every two weeks at every meeting, and the one with these
items came. In addition to it being here, it was on that, and you-all
approved it.
COMMISSIONER HENNING: Yeah.
COMMISSIONER HILLER: No.
MR. BROCK: And we followed the directions of the Court in
making the payment, and we followed the directions of the Court in the
writ of garnishment in making the payment to Liberty.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay. Now, it seems that all we're doing
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here is arguing.
MR. BROCK: I don't -- you know, I don't have a problem with
you-all intervening and do what you want. That's not my problem.
That's not my issue.
CHAIRMAN FIALA: Okay.
MR. BROCK: My issue is --
CHAIRMAN FIALA: Dwight?
MR. BROCK: -- we did what we were told to do by the Court.
CHAIRMAN FIALA: Now, we've got other people to speak
here. It seems that we're just -- and we're accomplishing nothing. All
we're finding is arguments here. And I don't even -- I don't even
understand where anybody's gotten all of this information. I don't have
most of the stuff everybody else is referring to. So -- that's all right.
COMMISSIONER TAYLOR: Madam Chair?
CHAIRMAN FIALA: I can't read it now anyway.
MR. BROCK: Probably because it wasn't filed until 5 o'clock last
night.
COMMISSIONER TAYLOR: Madam Chair?
CHAIRMAN FIALA: Yes. Commissioner Taylor, first is
Commissioner Nance, and then you.
COMMISSIONER TAYLOR: Normally --
CHAIRMAN FIALA: Please.
COMMISSIONER NANCE: I'm going to -- I'm going to try to
lend a little structure to this.
I think there are a lot of unknowns here. I think there are a lot of
moving parts. I think this is a very complicated situation that involves
many parties, and I don't think there has been a very good
communication between any of the parties so that the Board of County
Commissioners can make any rational decision.
Mr. Brock may be absolutely correct that a lot of this information
is a matter of public record; however, I don't think there's anybody
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May 24, 2016
sitting on this dais here that can go through an Easter egg hunt every
month to try to get information. There was an opportunity last month
to discuss it and say, hey, this is an update, this is what's going on,
these are the things that the Court have ordered, this is what I'm going
to do, you need to know. There was none of that.
I don't think there's any person with the county, other than the
County Attorney, that can take a look at this, make a determination
where we are.
But I think we need to stop taking action here until we understand
what's going on. I don't think I can make a decision because I don't
think people are giving me all the information. I think it's conflicted.
And I just recommend we give this to the County Attorney and let
him take the action that he thinks is in the Board of County
Commissioners' and the county's best interest. That's my
recommendation.
COMMISSIONER HILLER: I agree with that.
CHAIRMAN FIALA: Which is --
COMMISSIONER TAYLOR: Not the motion.
CHAIRMAN FIALA: -- on the floor. The motion's on the floor
and seconded.
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN FIALA: And we haven't voted on it yet. I've got
two more or three more commissioners --
COMMISSIONER NANCE: I don't know what else we can do
to --
CHAIRMAN FIALA: I don't know either.
COMMISSIONER NANCE: -- get this back under control so
that everybody understands what's going on.
CHAIRMAN FIALA: Except for that, yes, and just give it to the
County Attorney to sort out.
Okay. Commissioner Taylor?
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May 24, 2016
COMMISSIONER TAYLOR: You know, normally I would
have denied even hearing this because it's so complicated, and to come
in at 5 o'clock yesterday doesn't give me time to get into it nor to ask
staff what is going on.
I understand that there's a timeline issue, and I can respect that.
But the motion on the floor isn't to ask the County Attorney to render a
decision. The motion on the floor is to ask the County Attorney to
intervene. That's a different animal, and I cannot support it.
If we are saying this is way too much right now, we need to step
back, we need to get the facts before we act, I'm 100 percent behind it.
But I cannot support intervening in an action that I'm not even clear
needs to be -- have intervention in. So I cannot support the motion as
stated.
I can support taking a deep breath and asking our County
Attorney to work with the Clerk and to figure out what is going on and
to put it so that this commissioner can understand.
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. The intervention effectively
states the case, and we only have until tomorrow to do it. Intervention
doesn't mean that we have to take any action beyond. It just puts us in
the position that if we want to participate in this case we can. If we
don't take action, this case will no longer be pending after tomorrow.
And the reason it's pending is because there was an amended order
issued by the Court on May the 10th.
And the reason that I brought this forward at this time is because
between the last meeting and this meeting I found out that there was an
amended order which gave us the opportunity to join the suit to be able
to recover the funds. If we don't allow the County Attorney to
intervene, we are going to be barred from participating in this case.
And so what we are doing is merely preserving our right,
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essentially staying this case to allow the County Attorney to investigate
what the proper approach should be to recover the funds back into the
public coffers, and then he can decide, you know, whether he wants to
file a motion for rehearing, file a motion to have the Judge recuse
himself, file a motion to dismiss to vacate the judgment, whatever he
deems appropriate to recover the money.
But the motion to intervene is absolutely necessary. Our deadline
is tomorrow. We can't do it at the next board meeting. And, like I
said, it just gives him the opportunity to join the suit and then make a
determination of how he wants to act based on his further, you know,
research of the law and the facts of the case.
MR. BROCK: And I agree with that. I think that's the only thing
that she said I've agreed with all morning. But I agree with that. He
can file the motion for intervention. And if he makes a determination
that he needs to intervene, he can proceed and, otherwise, he can
dismiss it.
CHAIRMAN FIALA: Okay. So I have a motion on the floor
and a second and the Clerk's agreement as well.
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.
(No response.)
CHAIRMAN FIALA: Okay. You're up to bat, Jeff Thank you.
COMMISSIONER HILLER: And, Jeff, I just want to say one
thing for the record with respect to --just for clarification. The invoice
that was attached in your backup or the invoice that -- the invoice that
Liberty attached to its pleadings -- so you should be -- that was also in
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the court record.
COMMISSIONER HENNING: That's got to be marked as an
exhibit. You need to do your own homework, Jeff, because, you
know, there's a lot of politics going on right now.
COMMISSIONER HILLER: They're not politics. It's just the
law.
CHAIRMAN FIALA: It seems always there's a lot of politics
going on, and I'm glad I'm not a part of the politics. Boy, oh boy.
Okay. We move on to 11D.
Item #11D
AWARD BID NUMBER 16-6602, "NAPLES SOUTH WATER
MAIN REPLACEMENT," TO KYLE CONSTRUCTION, INC., IN
THE AMOUNT OF $1,392,752.40. (PROJECT NUMBER 71010) —
APPROVED
MR. OCHS: Yes, ma'am. 11D is a recommendation to award a
bid to -- for the Naples South Water Main Replacement Project to Kyle
Construction in the amount of$1,392,752.40 as the lowest responsive
bidder.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. Wonderful presentation, Steve.
Thank you very much.
I have a motion on the floor and a second to approve. All in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
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May 24, 2016
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Item #1 1 E
ACCEPTANCE OF STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM FY 16/17 ALLOCATION IN THE
AMOUNT OF $2,183,568, SIGN THE FISCAL YEAR 2016-2017
FUNDING CERTIFICATION AND APPROVE THE NECESSARY
BUDGET AMENDMENT — APPROVED
MR. OCHS: That takes us to 11E, which was previously 16D4
from your consent agenda. This is a recommendation to approve the
acceptance of State Housing Initiatives Partnership Program Fiscal
Year '16/'17 allocations in the amount of$2,183,568, and sign the
funding certification, and approve the necessary budget amendment.
This item is moved at Commissioner Fiala's request.
CHAIRMAN FIALA: Right.
MS. GRANT: Good morning, Commissioners. Kim Grant,
Director of Community and Human Services. I'd be happy to take any
questions that you have or --
CHAIRMAN FIALA: Yes.
MS. GRANT: -- I can give a brief presentation.
CHAIRMAN FIALA: Thank you. What I just wanted to do -- I
pulled this off because, as we spoke earlier this morning, I think that
we have heard clearly that we've got new businesses coming, which is
very important, and we've heard over and over and over again that we
need to incentivize housing that is in the middle income.
And I wanted to ask you if there's a way that your department
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could focus this money toward building the housing that we need here
in Collier County.
And, by the way, I've also heard from the Immokaleeans, and
they say as well that they don't need any more very-low-income
housing, but they're desperately looking for middle-income housing for
teachers, for nurses, for people to come -- firemen, deputies that can
stay there, but there's no housing that's being built for them, and they're
asking -- they're actually pleading as well to please build them
housing.
And so I thought, this is $2 million that you could target to -- as
an incentive, incentive dollars to go toward building that type of
housing rather than the very-low income. Between low and medium,
you know, you've got a different set of rules in that area, and that just
might be able to build the housing that we're all looking for.
MS. GRANT: Okay. Well, definitely it has been cited repeatedly
that we're looking for alternatives for people who are in the moderate
income levels.
CHAIRMAN FIALA: Yes.
MS. GRANT: It's important that I remind the Commission that
the SHIP money comes with strings attached, and one of the most
significant strings attached is that 60 percent of the money must be
spent on people who make 80 percent of the area median income or
lower.
CHAIRMAN FIALA: Right. That's the median.
MS. GRANT: And so that leaves us with 30 percent that is
allowable to go up to persons earning 120 percent of the AMI. And so,
certainly, as we administer the program through purchase assistance
and the other programs that we'll be operating, we'll look to fill as
many of those slots in between the 80 and 120 as we possibly can.
CHAIRMAN FIALA: And even, you know, if you hover around
the 80, between 75 and 80, you're still getting a target area there that is
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lacking right now.
I remember just a few years ago we gave $9 million to Habitat for
Humanity for them to buy houses or build houses or whatever, but we
didn't focus that on any middle income, and that's why I pulled this off.
I thought maybe this time we could use that money.
And I don't know how you would use it, whether it be to pay
impact fees or, you know, whatever it is to start giving people -- and a
lot of times they don't need owner-occupied homes, because many of
them -- say, for instance, all these new jobs that are being created are
going to come here, but they need rental housing, but they need rental
housing that would accommodate people in that area of middle
income. And I would say from 75 to 110, you know, somewhere in
that area.
So maybe we could target that market and have your department
do that, or is that asking too much?
MS. GRANT: In general, it's not asking too much. We work
with all the levels of population that we're allowed to within the
program.
When we came to you about a month ago, you approved the
strategies for spending these funds. And, Nick, if I -- could I --
MR. CASALANGUIDA: Yep.
MS. GRANT: -- have this for just a moment, please.
MR. OCHS: You've got a PowerPoint?
MS. GRANT: I do have one slide that I think might be helpful.
And so what's on the screen right now is the allocation of funding
that's planned for the SHIP funds for the next year, this $2 million, and
you'll see it's allocated amongst several different categories of
spending: Purchase Assistance, which is Down Payment Assistance;
Owner Occupied Rehabilitation, so if you already own your home.
And you can see that we've got a lot focused on rental, because that's
been identified as a need in our community.
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May 24, 2016
CHAIRMAN FIALA: Right.
MS. GRANT: And so within each of these categories of
spending, we're looking to keep that allocation as I described.
CHAIRMAN FIALA: Okay.
MS. GRANT: So, you know, within the $709,000 for purchase
assistance, we'll be trying to bring as many people in in the 80-120 as
we're allowed to within that block.
CHAIRMAN FIALA: That's exactly what I'm asking for. And I
think that's good.
And while I'm wishing, I'm making my wish list also maybe in
the rental area. I don't know if it would work in the owner occupied,
but we have a tremendous shortage of housing for the elderly, and I
think we need to target that as well.
And I don't know what category they would fall into but, you
know, those that cannot afford some of the houses but maybe could
afford something in the rental area, you could assist them as well.
So those are things that I think we should focus more on. And so
it sounds like you're in agreement, too. And that would just
accomplish all of that, so then I make a motion to approve as long as
that's the criteria that you will be heading toward.
MS. GRANT: No problem.
CHAIRMAN FIALA: Very good.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Oh, thank you. And I have a second from
Commissioner Nance.
Oh, I didn't see. Which one's came up first, Hiller or Henning?
COMMISSIONER HENNING: You can remove mine.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HILLER: I'd like to comment on two things.
The first is with respect to the purchase assistance. It's really critical
that we expedite the purchase assistance because typically what
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May 24, 2016
happens is you've got a buyer who has a deadline to close, and they're
applying for purchase assistance, and I know your department is
working very hard to process these applications.
But I think, you know, from what I'm hearing from the mortgage
brokerage community, we maybe have to be a little more expeditious
because there are situations where the applications are not being
processed in a manner that's allowing the closing deadlines to be
achieved and, you know, there are delays and then other buyers come
along and then they lose the property, and it's problematic. So I think
that's something that we really need to focus on, you know, because it
is our goal to help.
The other thing that I would say is that I agree with
Commissioner Fiala. Within the various tiers of income qualifications,
at every level we have seniors, and I do think that focusing on those
seniors is very important because the difference between the seniors
and the other segments of the population within the tiers is that many
of the seniors are on fixed incomes, and they have no choice to better
themselves because they can't get employed. You know, maybe
they're so elderly that they can't physically work, or somehow they're
ill or handicapped.
So what Commissioner Fiala is saying is spot on, and we need to,
you know, as we do these allocations, if we legally can, look at our
senior population within each tier and try to focus on them.
And I don't know if you can allocate a certain percentage within
each tier to be senior citizen funding, if that's possible.
And then second -- and, thirdly, is let the brokerage community
know if we're doing that, they're able to tell prospective clients that
they qualify and this is available to them. Because either the real estate
agents or the brokers don't know, or the buyers don't know. And then
they can't avail themselves, they can't, you know, get the housing that
they would otherwise qualify for.
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iI
May 24, 2016
' Yeah, I would have
CHAIRMAN FIALA: That's a great idea. ea ,
never thought of that. That's a good idea. I see that we have some
speakers.
MR. MITCHELL: Yes, ma'am. We have one registered speaker.
Cormac Giblin.
MR. GIBLIN: Good morning, Commissioners.
My name's Cormac Giblin. I'm Senior Project Manager with
Habitat for Humanity.
I'm here in favor of the item as presented by staff. One thing I
would remind the Commission of in this item, though, is as Ms. Grant
said, this is state money. It comes with certain state percentages that
you must follow and, in that light, the staff is doing what they can
within the frameworks of the overall state SHIP program.
We are in the midst of a housing crisis here in Collier County.
We see it every day in the paper, and it covers all the income gamut,
from extremely low income up to moderate and gap housing.
The SHIP program is a State Program that focuses their energies
in certain aspects of that housing gamut.
One thing that, you know, in the future, maybe we'd like to see
more of it -- more of the SHIP funding actually focused on the
purchase assistance or the owner-occupied housing and not so much on
the rehab aspect of housing. There is -- there are -- but, again, there
are certain state guidelines within the SHIP program that say that so
much needs to go towards construction activities, and that's what the
staff is attempting to do here.
But we receive -- in the past year we've received over 1,700
individual inquiries of people walking into our office looking for
housing assistance. We build a little over 100 homes a year, so that's
1,600 other people who had to seek housing answers elsewhere than
Habitat for Humanity. So anything we can do, we're happy to.
Thank you.
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May 24, 2016
CHAIRMAN FIALA: Thank you. So -- oh, yes, Commissioner
Hiller.
COMMISSIONER HILLER: I just want to clarify one thing for
the record. Mr. Giblin used the word "crisis," but we have had a
housing inventory done by our staff which doesn't suggest a crisis but
suggests that there is a need for us to continue our commitment to
provide affordable housing for our community and that the shortfall
that exists right now is in the rental market which is the focus of why
the SHIP allocation is in rental development acquisition and rehab on
the back side of the one-third, one-third, one-third.
So I just -- because -- is that correct? I mean, when you did your
inventory, did you determine that there was a crisis, or did you
determine that there was an ongoing need that -- in the rental market
and that there was deemed to be adequate affordable housing with
respect to the other segments of the population? Because that's how it
was reported to us at the board meeting.
MS. GRANT: Right. So there were two aspects to that view.
The first view was a prospective view because our charge was to try to
create a model for the need --
COMMISSIONER HILLER: The future, or course.
MS. GRANT: -- for future. And when we look at future, right
now the -- basically there are enough single-family homes on the
market for the one year net influx of population to the county for -- to
cover the owner occupied; however, there was already a dearth for the
rental.
COMMISSIONER HILLER: Right. That's what I recall.
MS. GRANT: So that's for future.
Now, there was also information that we provided related to
households who are in homes or in rental, whichever, that are cost
burdened. And our community does have a very high percentage of
people who are cost burdened, which is one of the measures we look at
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May 24, 2016
for, you know, people that are already here and housed in some
manner. We would like for people to spend aggregately more -- a
more appropriate amount on their homes and housing expenses than
they are.
But you certainly are correct in remembering that the prospective
model indicated that, again, the net influx for next year or, you know,
the one year hence, we were okay with single-family and we needed
rental.
COMMISSIONER HILLER: Thank you. Thanks for the
clarification.
MS. GRANT: Your welcome.
CHAIRMAN FIALA: Oh, yes. Commissioner Taylor?
COMMISSIONER TAYLOR: Are we not -- Leo, do we not
have a consultant that's doing a -- are we not doing a study of
affordable housing?
MR. OCHS: Yes, ma'am. You authorized us to develop a
community housing plan with the assistance of a consultant.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: And Kim and her team are working on that right
now.
COMMISSIONER TAYLOR: And is it SAIL money, Leo? I
was trying to understand. There's SAIL money, right, that the
legislature has just appropriated; is that correct?
CHAIRMAN FIALA: What is SAIL money?
MR. OCHS: Yeah. SAIL is state funding available to developers
of affordable rental housing, and it's one of a couple of different state
funding sources, grants, that are available to applicants, and I think
that's what Commissioner Taylor is referring to.
COMMISSIONER TAYLOR: Yeah, and it's for rental.
CHAIRMAN FIALA: I was talking to -- first I'll just say I have
-- you know, I'm going to have some stem cell on my knee done, right?
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May 24, 2016
And that's because Reinhold Schmieding was in here one day and
talking about it.
So afterwards I did talk with him, and we got into this housing
thing. And he said, don't say "affordable housing" because that doesn't
tell you what we really need. What we really need is medium income.
What he called it was -- oh, gosh. He called it professional housing.
And he said, so that's what you ought to say, because "affordable
housing" scares people.
And he says, and I'll tell you, we need middle income, or we need
professional housing, young professional housing.
And so, hence, he again was talking about that. I think so many
people have said that. And we, in our area -- and I've said this over
and over, so I don't mean to say it again, but there was just some rental
units built, wonderful ones, really great, and there was another one in
North Naples. I think it's Orchid Cove or something like that. And
then there's Sierra Woods or Sierra Meadows, rather, and also Aster,
right across the street from the hospital.
And as fast as they were building them, they were filling them up.
They were still constructing others, and they were already filling them
up, which, to me, indicates how badly that segment of the market
needs to be addressed.
And I think these monies can go toward that and incentivizing
developers, whoever they are -- I don't know who builds that type of
housing, but to build that kind, Aster or Sierra Woods and so forth.
So if you can search that out and help with that with these dollars,
I think you're going to be answering a huge need.
COMMISSIONER HILLER: And I agree with you,
Commissioner Fiala, if I may.
One of the issues is is that in our local community, like
throughout the country, because of what happened during the most
recent crisis in the real estate market, a lot of individuals out there don't
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May 24, 2016
have the creditworthiness to be able to afford -- or to be able -- not
affordability, but to be able to buy a home because the banks won't
underwrite them for financing, and that's why rentals are in demand
and should be made available to these people as an alternative to
ownership because they deserve to have a home to live in
notwithstanding that they may not be able to qualify for financing by a
bank.
And so, Commissioner Fiala, again, is right when she says, you
know, the fact that these rental projects are filling up so quickly is, I
think, indicative of a fallout of what happened during the real estate
crisis to so many people with respect to their credit histories.
CHAIRMAN FIALA: And, lastly, and we'll vote on that then.
Another thing that I think that -- oh, gosh. Just like that, it is gone.
Would you believe that?
Well, we'll just vote. 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.
(No response.)
Item #1 1 F
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., TO SHIFT REMAINING PROJECT DELIVERY FUNDS
BETWEEN LINE ITEMS IN ORDER TO FULLY EXPEND
REMAINING AWARDED FUNDS FOR ACQUISITION. THERE
IS NO NET FISCAL IMPACT — APPROVED
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May 24, 2016
CHAIRMAN FIALA: Okay. And you're next up also, and that's
Item D13.
MR. OCHS: Yes, ma'am. That's a recommendation to approve a
first amendment to the sub-recipient agreement with Habitat for
Humanity to shift remaining project delivery funds between line items
within the grant.
CHAIRMAN FIALA: And what I -- the reason I pulled this one
off as well is CDBG funds -- as we've spoken before. It's not anything
new, again -- can be used for other things like sidewalks and lights as
long as they're in poor neighborhoods, right?
MS. GRANT: (Nods head.)
CHAIRMAN FIALA: Well, we have neighborhoods in
Immokalee that are in desperate need of sidewalks, not just a few, but a
lot of them, and they need streetlights there. You know, you need
streetlights in higher -- I want to say this very, very nicely, in areas that
you need to shine the light on things going on.
And so -- and we're building sidewalks. We ought to be putting
streetlights in at the same time, notwithstanding there are other places
like Naples Manor and Thomasson and all of those things that also
need streetlights and sidewalks.
But right now my focus is on Immokalee because the things that
we saw when we went on our tour just tugged at my heart. They need
middle-income housing, and they need streets and sidewalks in those
places that have long been overlooked.
So I wanted you to take this -- I know there's not much there;
$50,000 will do nothing, right? Or do you still have all of that money
here? Have you used it yet?
MS. GRANT: The $50,000 that we're looking to reappropriate
has not been used. It was identified in this contract as an
administrative allowable cost for the entity doing the work.
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May 24, 2016
The group has suggested that we shift that away from paying their
administration which, again, is allowable, and move it to actual
purchase of a property, which will help an end beneficiary.
Now, the benefit to me -- two or three things. "Me" meaning us,
the Collier County. This project was approved over a year ago in the
action plan that then came back as an agreement. It was approved as
an agreement. So this $500,000 is earmarked for this purpose.
If I don't spent the $500,000, I can, of course, reallocate funds.
You've seen us come before you and do that. That's a process that
takes me at least 60 days because I have to advertise and bring it back
to you guys.
Being able to spend it in the agreement that it's already been
allocated to helps me achieve one of the important goals that we talk
about with you once in a while, which is timeliness. I have a
requirement to spend the money on a timely basis.
And our timeliness test is taken August 2nd. So as you might
imagine, as we near it, we're really watching every dollar.
So you certainly do have the latitude as the Board of County
Commissioners to direct me to reallocate these funds. I ask you not to
and to keep them in this agreement for the purpose that's been
approved all the way through, which would also allow me to spend the
money timely. But you absolutely do have the choice.
CHAIRMAN FIALA: Yeah. I think that we need to catch up on
some of this backlog of sidewalks and streetlights, especially for the
safety of the people living in that area. I'm only speaking of certain
areas for those streetlights. But we need to be thinking about that so
we can -- you know, as -- some of these areas are 30, 40 years old and
still don't have a streetlight.
MS. GRANT: That's true. And, Commissioner, just for your
information, which may or may not help you feel better about your
concern, we have already done the application process for the funds
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May 24, 2016
that become available October 1st.
And you may remember a meeting or two ago I confirmed with
you our hierarchy of needs. And one of the projects that is intended to
be recommended to you is a large sidewalk project in Immokalee,
about a half a million dollars going to that project. There was also
some funding going for some housing in Immokalee.
So I think when you see that array, which is the next funding year
starting October 1st, you'll, once again, see that it's, I think, hitting on
the priorities that have been identified by the Board.
CHAIRMAN FIALA: Will that housing be of moderate income,
which will --
MS. GRANT: Yes.
CHAIRMAN FIALA: -- answer their need?
MS. GRANT: Yes. And it's actually rental housing. So we have
a developer who's interested in doing affordable rental, and --
CHAIRMAN FIALA: Not affordable, but middle income right,
like around 70 to 90 percent income?
MS. GRANT: Yeah. We have to -- let's see. That's whole
money, so I have to do less than 80, right?
Yeah. It would have to be people for -- who are making less than
80 percent of AMI for that particular block of funding.
CHAIRMAN FIALA: Well, I think -- I would think -- and
probably others would know more than me, maybe even people in the
audience, but I would think somewhere right around the 80 percent
should accommodate. Can teachers and firemen live in 80 percent --
MS. GRANT: Yes.
CHAIRMAN FIALA: -- you know, with what they make?
MS. GRANT: So 80 percent AMI would be about 50,000
income.
CHAIRMAN FIALA: Okay. So that would cover them, then.
MS. GRANT: It absolutelyes.
is� Y
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May 24, 2016
CHAIRMAN FIALA: Okay. So if you can do that, at least it
would be targeting the unmet need right now in Immokalee. That
would be just wonderful.
MS. GRANT: That's right.
CHAIRMAN FIALA: And if you can take some of this extra and
put some streetlights and sidewalks in, it would even be better.
I want to tell you, whenever we get these from here on in, I want
to discuss that, or just know that I want to fill these unmet needs. Now
we've got a bunch more jobs coming in, and these people are going to
come in; they're not going to want to buy a house. They're going to
want to rent until they see where they want to live and so forth.
So I'm glad that you'll be focusing on that. I'm -- in fact, I'm
thrilled about that.
MS. GRANT: We will be.
MR. OCHS: Commissioner, we certainly understand and
appreciate that concern. And I don't mean to belittle this amount of
money, but, you know, $50,000, I was just discussing with Nick, isn't
going to buy you much in terms of a sidewalk project or series of
lighting improvements.
CHAIRMAN FIALA: But the whole half a million will. She can
reallocate it, she said.
MR. OCHS: No, no, no.
MS. GRANT: So the half a million is already -- you will be
voting on whether you accept it or not, but has been preselected or
conditionally awarded for a sidewalk project starting October 1st. I
think --
CHAIRMAN FIALA: The half a million for sidewalks?
COMMISSIONER HILLER: No, that's a prospective.
MS. GRANT: That's prospective.
COMMISSIONER HILLER: We're talking about the current
year.
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May 24, 2016
MR. OCHS: You're talking about reallocating this entire grant.
CHAIRMAN FIALA: Yeah, yeah, to the needs that are there or
that we're talking about.
MS. GRANT: Okay. I do now -- okay. Thank you for the
clarification.
Approximately 450- of the 500,000 that's in the one we're talking
about today, just to be really clear, has essentially already been spent.
The only thing that we have latitude on are expenses that have not
already been incurred.
So this item is just about that approximately $50,000 that was
previously identified to cover project delivery costs, administrative
costs, and we're recommending that it be allowed to be -- go to the core
purpose of the agreement, which is purchasing of properties that will
be made available to low-income people.
CHAIRMAN FIALA: Well, you can't purchase a property for
50,000, but you can surely purchase some streetlights.
MS. GRANT: And --
CHAIRMAN FIALA: See --
COMMISSIONER NANCE: Ma'am, it's got to be done by
August 2nd.
CHAIRMAN FIALA: Yeah, you could purchase a streetlight by
August 2nd.
MR. OCHS: No.
MS. GRANT: If you don't mind me jumping in for just a
moment on the streetlights, just in general. I've started conversations
with the growth management division because I'm learning how we
have lighting districts and we have other lighting plans and so forth.
And we've definitely heard your message.
And I'm starting conversations with them about how, if at all, that
can play into our future allocations. So I want you to -- I want to be
clear, from my perspective, that you hear the message that we've
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May 24, 2016
started those conversations, because we understand how important it is
to you and to the entire commission.
MR. OCHS: What is the process for reallocating this money in
terms of the schedule?
MS. GRANT: We would have to identify a project for it to go to.
So if there was one ready, we can jump right into it. If not, we have to
develop the details of that. Then I would have to do a 30-day
advertisement in the newspaper to do what's called a substantial
amendment to our action plan, and then we would bring it forth in the
manner of a contract or an MOU, whatever the right form would be.
COMMISSIONER HILLER: Fifty thousand is a substantial
amendment?
MS. GRANT: It is, because we would be moving it from the
purpose for which it had already been identified to a different purpose.
COMMISSIONER HILLER: But aren't you doing that now?
MR. OCHS: No.
MS. GRANT: No.
MR. OCHS: We're just moving it in a line item in the existing
project.
COMMISSIONER HILLER: Oh, I see. Okay. I misunderstood.
MR. OCHS: From admin to requisition.
COMMISSIONER HILLER: So that doesn't require the same
because it's within the same project.
MS. GRANT: That's right.
COMMISSIONER HILLER: I understand.
MS. GRANT: But the whole 500,000 was going for the purpose.
COMMISSIONER HILLER: I understand that clarification.
CHAIRMAN FIALA: So, again, it's really not going to go to
answer the needs that we really have -- it's going to go to something
else, right -- the needs that I've been mentioning? And we're just not
going to do that.
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May 24, 2016
COMMISSIONER HENNING: Can we go to the speakers?
CHAIRMAN FIALA: Yes. We're going to first go to
Commissioner Taylor, and then we'll go to the speakers.
COMMISSIONER TAYLOR: No. My question has been
answered. I thought we were talking about $50,000. And there was an
agreement, and I -- and so I'm interested in hearing from the speakers.
COMMISSIONER HILLER: Can I just ask my quick question?
It's a clarification of what staff said.
CHAIRMAN FIALA: Sure, go ahead.
COMMISSIONER HILLER: Did you say the 450- has been
spent?
CHAIRMAN FIALA: No. She didn't say it's been spent. It's
been allocated.
MS. GRANT: Has been -- okay. So the whole $500,000 has
been allocated and committed in this contract with our sub-recipient.
COMMISSIONER HILLER: And who's the --
MS. GRANT: The properties that they have identified actually
exceed 500,000, but they understand that if this 50,000 isn't
reallocated, then they're -- that will be at their own risk. So essentially
the entire amount of contract has been obligated on property.
COMMISSIONER HILLER: That contract is going to come
back to us. Have we -- we haven't approved that contract.
MS. GRANT: The contract for this project was approved last
October.
COMMISSIONER HILLER: Okay.
MS. GRANT: And so this is an amendment asking to reallocate
money within the agreement that you approved last October.
COMMISSIONER HILLER: But the project -- the contract was
approved last October.
MS. GRANT: Correct.
COMMISSIONER HILLER: And so I'm not sure I understand. I
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May 24, 2016
want clarification on have we dispersed 450,000 as reimbursement for
what was committed to in the contract or not?
MS. GRANT: How much have we actually dispersed?
UNIDENTIFIED SPEAKER: We haven't dispersed anything.
We currently have five pay packets for 350,000 that are being sent to
the Clerk.
MS. GRANT: Okay. What I'm told by my manager here is that
we have $350,000 --
COMMISSIONER HILLER: Of the 500-?
MS. GRANT: -- of the 500- has been submitted to us for
reimbursement, and apparently it's getting ready to go to the Clerk's
Office.
The remaining property is -- perhaps Mr. Giblin can confirm for
us -- I believe are either scheduled to close or have closed, but we have
not received the pay requests. But he can confirm the exact timing on
that.
COMMISSIONER HILLER: We can talk about it after. I just
wanted an understanding of, you know, what the performance on this
contract has been given when it was approved and where we are today.
MS. GRANT: Well, one of the major activities that has to occur
when we purchase a property is something called an environmental
review.
COMMISSIONER HILLER: Right. I know.
MS. GRANT: That has to be cleared all the way through HUD.
So it does take some time to identify the properties, get through the
administrative process, and then they -- I believe they're closing,
essentially, the day after we get the HUD clearance, so...
COMMISSIONER HILLER: I just was wondering.
CHAIRMAN FIALA: To whom? You had asked to whom.
COMMISSIONER HILLER: No, just -- it's with Habitat. It's
with Habitat.
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May 24, 2016
COMMISSIONER HENNING: I thought we understood we
SS g
can't reconsider contracts. Wasn't we sued on that and lost?
CHAIRMAN FIALA: We're not reconsidering it.
COMMISSIONER HILLER: We're not reconsidering. That's
what we were asking, whether there was a contract and to what extent
it had been performed upon. In other words, was there compliance.
CHAIRMAN FIALA: Okay. Now, we have a speaker.
MR. MILLER: Yes, ma'am. We have one registered speaker.
Cormac Giblin.
MR. GIBLIN: Good morning, Commissioners. Cormac Giblin,
for the record, Senior Project Manager with Habitat for Humanity.
What we had here was -- we thought we were doing the county a
favor. We have an -- we applied last year for a grant for $500,000 to
help the county with its housing needs and acquire scattered sites,
scattered site properties on which to build affordable homes.
We identified $450,000 would be used to buy the actual lots, and
$50,000 would be used for our administrative costs.
During the course of the project, we've decided that we'll forego
our administrative costs, eat those in-house, and thought it would be
better to spend the full $500,000 on the properties.
We identified 12 lots.
CHAIRMAN FIALA: Where are they?
MR. GIBLIN: They are -- I have the addresses. They're 1790
46th Terrace Southwest; 233 Porter Street; 2926 Andrews Avenue;
3183 Andrews Avenue; 3160 Andrews Avenue; 3381 28th Avenue
Southwest; 4524 31st Place Southwest; 4961 22nd Avenue Southwest;
5206 Martin Street; 5225 Confederate Drive, and 97 4th Street.
They're all over.
CHAIRMAN FIALA: In Golden Gate.
MR. GIBLIN: They're wherever we can find available properties
for sale.
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May 24, 2016
We went to contract on eight of the 12 properties the day after we
received the notice to proceed from the county on December 15th. It
took nine -- or it took three months to get those eight environmentally
cleared by HUD, and we closed on them the very next day after they
were environmentally cleared.
CHAIRMAN FIALA: So the money's already been spent?
Okay. We didn't -- I didn't understand that, because I thought she said,
well, we could reallocate it.
MR. GIBLIN: So now we have -- as of today we've closed on a
total of 11 properties through this grant, of which eight have been fully
submitted to the county for reimbursement, and the remaining three we
closed on last week. The paperwork is being gathered to submit those
for reimbursement, and then we have the last, 12th property which,
depending on the outcome of this agenda item, we may -- if we're able
to, we'd love to close on it using the grant. If not, we will submit
administrative costs for whatever we can for the $50,000 in
administration costs.
CHAIRMAN FIALA: I see. Well, that was not made clear to
me. But, anyway, I know I'd seen a list, but I didn't realize you had
already purchased these things. I thought you just had your eye on
them. And I'm thinking, we need to be starting to recognize the needs
in our community rather than just continue to build for very low. We
really need to do these other things.
So I'm going to ask at -- each time one of these things comes up
over the next couple years, then I'm going to bring them up to the
Board.
Now, I could be overruled. Maybe they would like that to be
overruled, and we can just let the other stuff go by, but at least I'll
bring them up, so everybody just understands that.
Commissioner Nance?
Thank you.
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May 24, 2016
COMMISSIONER NANCE: Yes. Commissioner Fiala, I just
wanted to give you a little bit of comfort on your concerns going
forward on prioritizing some of these projects.
I've spent quite a bit of time working with chair of the CRA in
Immokalee and also independent business owners out there about
strategy going forward to maximize the benefit for Immokalee. And
everybody has agreed that they are going to work -- continue to work
with staff, and they're going to get better prioritized on their projects
for sidewalks, drainage, various and sundry other necessary items in
there, and they're going to coordinate them; the CRA Advisory Board
is going to coordinate with their representatives on the MPO CAC and
the new member that they're going to have on pathways to make sure
that through all these processes and through all these agencies they
have their priorities well established and that everybody's reading off
the same playbook --
CHAIRMAN FIALA: Right.
COMMISSIONER NANCE: -- and that everybody understands
and has carefully considered those, not only for funds that are available
and forthcoming but for funds that may become available so that
they're shovel ready. They don't have to scramble and go through this.
So they are in the process of working, not only the advisory
committee, but Christy out there who's working with staff and all the
staff members are working on all the issues to be a little more
structured.
And I think that's going to produce -- and everybody's in
agreement, everybody's happy, and that -- those conversations we were
having as recently as last week.
CHAIRMAN FIALA: Oh, that is just wonderful. I know I had
some of the same things.
COMMISSIONER NANCE: So they're going to be -- yeah. I
was just concerned that we're organized.
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May 24, 2016
CHAIRMAN FIALA: And what they said was they have --
they're making the lists, but they don't have the dollars. But here
would be the dollars, and that's exactly what I'm hoping to do, so now
you're bringing them together.
COMMISSIONER NANCE: What they're going to do is they're
going to take their lists of needs, and then they're going to work with
staff to figure out which possible funding buckets are available for
each of those projects, which might be state monies, which might be
local monies, which might be grant eligible and so on and so forth so
that they can do that. What they had was they just weren't very well
organized.
CHAIRMAN FIALA: Right.
COMMISSIONER NANCE: And now I think they are, and
they're -- I think everybody's feeling really good about it. So that
should -- I hope that gives you a little bit of comfort going forward.
CHAIRMAN FIALA: And did they also mention about the
housing that -- the type of housing that they're lacking?
COMMISSIONER NANCE: Everything's in play. Everything's
in play.
CHAIRMAN FIALA: Good. Okay. All they need is the
funding, which is where I'm going with that.
COMMISSIONER NANCE: Okay.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Commissioner Nance, you bring
up something very, very important, and that's -- we are only as good as
our advisory boards advise us. You know, we can't be everyplace all
the time, and it's a wonderful structure that you're bringing to the CRA
in Immokalee, because there are great needs there. But there's a
responsibility in Immokalee to bring it to us.
COMMISSIONER NANCE: Well, Commissioner, thank you for
your comments. And I just want to say one thing. I don't want to cut
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May 24, 2016
you off I want you to continue talking, but what I want to say is that
the need is always greater than the available funding at that particular
time. But what happens and what can occur is that they're -- an acute
situation develops. And what happens is people get very emotional
about that acute situation, and sometimes they stray off their very
carefully considered list of priorities and they kind of get jumping
around and doing things like that because of something that occurs.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER NANCE: And what I wanted to do was I
wanted to not have that happen. I want them to be dedicated and really
thoroughly think through everything so that the greatest need is met in
the priority order that everybody agrees is the case, and that -- I just
don't think we've consistently done that, so...
COMMISSIONER TAYLOR: Well, you cut me off to say, thank
you again. Well done.
COMMISSIONER NANCE: Thank you, ma'am, for your
comments.
CHAIRMAN FIALA: That's good. And when they were telling
me about the lists, that they're making them and so forth, I said, well,
you know what, we'll never know what your lists say if you don't bring
it to us. If you don't bring it to us for funding, I said, that's what we
need from you.
Like you said, you know, we can only know so much. And so
now this is what I'm trying to do is find the funding to answer those
needs.
Thank you so much.
So all in favor? Oh, Commissioner Henning?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HENNING: Aye. Is the motion to approve?
Aye.
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May 24, 2016
CHAIRMAN FIALA: Opposed, like sign.
I don't think we made the motion yet. The motion is to approve
this agenda item.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Okay. But now you know where we're
going from here.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that takes us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: Madam Chair, I have eight registered public
speakers for public comment today. Your first speaker is Kay Haering.
She'll be followed by Dr. Joseph Doyle.
MS. HAERING: Hi. My name is Kay Haering, and I'm not a
public speaker, so this is a very, very difficult thing for me to do, to
stand up before you.
I will say I'm actually speak -- I've listened and absorbed so much
of what you've talked about today, and what I'm here to talk about is
totally opposite and yet it's so important.
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We -- I'm native American, so my ancestors have been here for
10,000 years. And wildlife, respect of land, clean waters, all those
things are very, very important to me as it was to my ancestors.
With the bear situation, the panther situation, the land situation --
I do understand all the development needs. People need homes to live
as they're coming in. But we also have wildlife, and we have the
ecotourism which brings a tremendous amount of money into this
state.
We have people that come for our beaches. We have people that
come for the sunshine, but we also have people that live to see our
wildlife, our birds, our alligators, our panthers, our bears, whatever we
have available. The backroads, that's where our tourists spend money
to come in to see.
I ask that Collier County preserve the land for our future
generations, not just for me. I have lived here, and I have loved this
land that my ancestors did love, too, but I would like to see my future
generations come here and stay here and enjoy what I've been a part of.
And it's fast going away from us. And if we don't place
consideration on the wildlife and give them a place to live, they're
going to be gone. And it's going to be cities like Los Angeles. It's
going to be big cities with a lot of people. But the wilderness that we
have all loved in the wildlife is going to be gone. There's going to be
no place for any of it, and it can't be reversed.
It's -- I ask that a resolution be brought on the next agenda. We
can bring the scientific folks that can give you all the reasons that we
need the resolutions to state to the FWC, please stop future bear hunts.
There's a lot of reasons that they should not allow the bear hunts to
take place again on our lands. It was not scientifically done before.
We ask (sic) the ordinances which is protection for the bears and the
people.
CHAIRMAN FIALA: Thank you. Thank you very much.
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May 24, 2016
Commissioner Henning -- I mean, Nance, excuse me.
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN FIALA: Been doing that all day.
COMMISSIONER NANCE: I understand there's a great deal of
concern about the bear hunts, and I've spoken to people about that. I
agree that they need to reach out to people and discuss their
management plan for that.
But I just wanted to let you know how much this board has
supported conservation in Collier County and let you know -- and you
may not know or you may -- 78 percent of Collier County is protected
from development in perpetuity, which is more a $1,400,000 acres. It's
a greater percentage of the county than all of the 67 counties in the
state of Florida except for one, and a land mass that exceeds the size of
most counties in the state of Florida.
So less than 10 percent of the land mass of Collier County is yet
available for all future development. So it's not going to turn into Los
Angeles. It's a physical impossibility. Seventy-eight percent of the
county is protected from development, and we have that information
available for you if you'd like to take a look at how extensive it is. It's
tremendous as far as the preservation, and it's forever, and that's local,
state, and federal land.
MS. HAERING: May I respond, or am I finished?
COMMISSIONER NANCE: Thank you.
CHAIRMAN FIALA: Thank you. I think we can talk about this
all night, but we've got other speakers waiting.
MS. HAERING: Thank you very much.
MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be
followed by Keith Flaugh.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
On April 26th of this year the Board of County Commissioners
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issued a proclamation to the Collier County Public Schools declaring
that day to be CCPS Proud Day in Collier County.
Today I'm requesting that you rescind that proclamation. The
information contained within the proclamation itself, which you have
online, is misleading and the accolades are inappropriate.
Are you really happy that the Collier County Public Schools have
embraced the new state mandates related to Common Core? This is a
federal curriculum proven to deliver an inferior product to the
workforce.
The graduation rate within the proclamation has increased from
72.5 percent in 2011 to 84.3 percent in 2015. But what did the
students really know? Many need remedial courses in their first
semester of college. Others need incentive training by local businesses
before they can go online. And I hope this does not become a problem
for the new business coming in. They need 560 qualified people.
We are trying to attract businesses to this community. And any
business worth its salt when it tries to relocate to our county should
perform its own due diligence in looking at what we are really
achieving on nationally normed tests, not the ones that we put together
to make ourselves feel good.
Businesses will need graduates qualified to fill the positions being
created. If we are turning out graduates who cannot read or write or
who are significantly below grade level, there is going to be impact on
our business economics.
Similarly, people may not want to move to Florida with their
families. We know that Hertz just made the decision a few years ago
to move from New Jersey to Estero, and there were 750 people in the
former New Jersey headquarters; however, only 125 of them actually
came to Estero.
Some retired, but others had decided not to move because the
schools in the Northeast tend to be better than they are in Florida. And
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May 24, 2016
they have local control in their school districts, which I know this
board supports local control.
If businesses and families relying upon this proclamation and
other materials find that they have been duped, it will come back to
bite us in terms of future economic development as well as potentially
lower real estate property values and all the other dominoes that will
fall from there.
Thank you.
MR. MILLER: Your next speaker is Keith Flaugh. He's been
ceded additional time from Sandy Doyle, from Mary Ellen Cash?
COMMISSIONER TAYLOR: Mary Ellen?
MR. MILLER: Mary Ellen? Oh, thank you -- and Yvonne
Isecke for a total of 12 minutes.
CHAIRMAN FIALA: What was that last one? I'm sorry? Mary
Ellen --
MR. MILLER: Yvonne Isecke.
MS. ISECKE: Isecke.
MR. FLAUGH: Good afternoon, or just about good afternoon,
Board. It's 12 o'clock.
I'm going to move through this fairly quickly. I'm going to review
with you a presentation that we took to 160 legislators this spring that
talks about the specifics. It's full of facts. And I'm going to move
fairly quickly.
Can you help me with this?
MR. CASALANGUIDA: Yes, I can.
MR. FLAUGH: You should have a copy that will make it a little
easier to follow along. This first chart is a Cato Institute chart. They're
a national organization think tank. And what it shows and the point
that we made to the legislature as a national chart of spending, our
spending for K through 12 Education has gone up 378 percent over
this 40-year timeline.
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May 24, 2016
If you look at the bottom -- and it's a little bit hard to see because
of the scale -- but the reading scores, the math scores, and the science
scores are actually down over that 40-year period.
So the point that we made to the legislature with this chart is it's
not about the money. It's not about the $1.3 trillion that gets spent on
K through 12 each year across the U.S. It's about the results that we
get for it.
The other observation you make -- and it's not an exact
correlation, is if you look at that spending increase, it tracks closely to
Race to the Top, No Child Left Behind, and doesn't even address
Common Core spending yet.
This next chart now is a Florida chart. So we went from national
to Florida. And you can see that over a 20-year timeline -- this is a
nationally taken test, ACT. Most of you are familiar with ACT and
SAT tests. SAT tracks closely to the same point.
Over this 20-year timeline, our average composite score in
Florida has gone from 20.8, or 34th in the nation, to now 47th in the
nation.
And in 2015, which is not on this chart, we're going to spend
$20.6 billion in Florida on K through 12 Education.
A couple of points that I would make to you, this chart is sourced
directly from the ACT website. And, again, you can make the rough
correlation of government intervention, Race to the Top, No Child Left
Behind and, again, Common Core is not even on this chart.
When we showed this chart to the chief aide for Senator Lake
(phonetic), who's K through 12 education czar for Committee 12, he
actually said to us -- there were five of us in the room. He said, yes,
we know. When the average student in Florida, keyword "average,"
graduates from a high school in Florida and goes north to get a job or
to go to a four-year college, they're really only qualified to be a
homeless person. He said that to us, five in the room.
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He also said that -- as Senator Gates was trying to introduce a bill
to get away from the FSA high-stakes testing and use ACT scores, he
said that he was getting a lot of pushback from the superintendents
because they realized that when they go to a nationally normed test
versus the proprietary FSA tests we use today, the superintendents
realized that they're going to take a big hit in lower scores, and they
were opposing it because then they would have to fess up to how bad
our current system is.
Now, the third chart is a busy chart, and that's one of the reasons
I've given you a copy. I'm not going to go through this in detail, but I
want to make a couple points.
On the left-hand side of this chart, on the left-hand side of the bar,
you see the U.S. News and World Report for 2015, the best high
schools in Collier County, and it lists all of the high schools. And it
shows you their ranking, it shows you the reading proficiency on
average in Collier County, 56 percent; 64 percent proficiency in math;
and only 34 percent college ready. And the high schools, not the
overall schools, but the high schools get a B rating in both of those
years.
The point that's not on the chart, but we created this for every
county in the state -- and if you look at it for Collier County last year
compared to this year, almost all of our schools have dropped some, all
the way to a C rating on the proprietary grading, and two of them,
Naples High School and Gulf Coast, completely dropped out of the
2,500 best schools in the state.
The other point I make to you is that the proprietary grading
system that has an A on your proclamation, they actually -- the state
actually lowered the bar. Last year in 2014, to be an A-rated school,
you had to have 66 percent score on their formula. They lowered it to
62. They lower a B from 62 to 54. When many of you and I went to
school, that was an F. It was not an A or a B, okay.
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At the bottom of the chart, you can see the top schools in Florida.
I'm showing you the 19th and 20th, and you can also see one of the
best in the nation up in Massachusetts.
The point we make to the legislators is, rather than all the excuses
you get from our local school boards, not just Collier County, we
ought to be focused on what's the best and then emulate that rather than
making excuses.
Now, the next series of charts that I have in your package are the
result of citizen watchdog groups in seven different counties. We
started in Collier County, and we evaluated 60 textbooks and
materials.
We've broken this report down, and we gave this to all -- every
legislature (sic). We've broken this down into English/language arts,
pornography, reconstructed history, advanced placement U.S. PUSH,
and religious indoctrination, political indoctrination/common core. It's
a 13-page report. I've given it to you. I'm just going to make a couple
of highlights for you.
Sorry. I lost my place.
English/language arts, what I've highlighted for you on the paper
you have in front of you is some of the required reading materials in
our Collier County schools, and we validated them in every other
county we've looked at, which is six counties. Below is just a sample
of the required reading in AP English syllabus found in Collier
County. It contains many, many stories teaching our children that they
are victims, stories of marital infidelity, promiscuity, masturbation. It
lists -- it even has -- the last -- a book that has the last thoughts as the
bullet enters the brain of a robber, rituals of sadism, masochism,
customs of intercourse, et cetera.
English 4 in Collier County, honors. This is just a sample of
required reading for three -- third through eighth graders: Angela's
Ashes, Shifty First Drafts -- pardon my French -- Bloody Rituals
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among the Nacirema. And you can go on to read what's there in terms
of the books that are in our schools.
The point that we made to the legislators is that many of these
materials put themselves and the young students in the first person and
teach them that they're just victims.
Okay. I'm going to move you to the next category, which is
objectionable materials, and I'm going to hesitate to put this chart up.
It has a bunch of obscene material. So I'm not going to put it on the
chart (sic) because you'd lose your license with the people that are
viewing this.
But I'm going to ask you to read it carefully, then I want to -- and
I'm going to explain as we go along. Last May we found -- our team
evaluated a list of-- the summer reading list in Collier County. It
contained a book called "The Beautiful Bastard." I, again, am not
going to read it for you, but it was recommended reading for
11-years-old and up.
We held a press conference on the steps of the School Board, and
they rescinded the whole list, took it off, but the damage had already
been done. They -- they had already sent a PDF to all of our parents
and kids; and they didn't put out a retraction.
Parents came to us after this School Board -- after this press
conference and said, that's just the tip of the iceberg.
And the next three pages are six books that parents called to our
attention, and we went to the online media centers, and it documents
on those pages the objectionable material that's, in our view,
pornographic per Florida Law, and it also documents all of the
Libraries in Collier County, the media centers, and the number of
books in each of those. The Collier County School Board, on a vote of
3-2, is now defending this material as being protected by the First
Amendment without any age-appropriate controls. The actions they
took, when we called this to our attention, was to now exclude
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taxpayers and parents without kids in the specific school from even
reviewing, so they shut off our access. That was their action.
Okay. I'm going to jump forward to the next category. The next
category is "Revisionist History." And, again, I'm not going to go
through this in detail, but I want to call to your attention -- and I
personally spent an hour with -- or 12 hours with a book called Ninth
Grade English -- or "Ninth Grade Teacher Edition on World History."
When we showed one of these textbooks to Matt Hudson, your
Representative, he spent 15 minutes looking at it. And his conclusion
what he looked up was, this is all material that has no documentation,
no bibliography. It's just opinion.
I see that I'm running out of time, so let me wrap up.
We have additional categories on APUSH. We have additional
categories with documentation, these 60 books, of the religious
indoctrination, over 25 books (sic) with over 900 books spread
throughout 64 of our 67 counties that emphasize the Islamic faith.
And you can also then continue to look through this for the math
content.
I've run out of time. The point we're making to you folks is that
our school systems have a long way to go, and kidding ourselves and
using proprietary grading and telling our parents that their kids are
going to graduate and be able to go to a college of merit is not the way
to fix the problem. We have to recognize the problem before we can
fix it.
So we do urge you to rescind your proclamation and get our
school board focused on fixing the reading and math scores of our
kids. Thank you.
MR. MILLER: Madam Chair, your final speaker on public
comment is Doug Lewis. He has been ceded three additional minutes
from Eric Konuk -- thank you -- for a total of six minutes.
COMMISSIONER HENNING: What part of the proclamation is
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the problem? I'm trying to figure it out.
MR. LEWIS: I'm going to discuss the third -- second-to-the-last
whereas clause. It says, Collier County public students have increased
performance on state tests. I'm going to discuss that for my time.
Good afternoon, members of the Board of County
Commissioners. It's great to be here. I want to thank Keith Flaugh.
He's volunteering his time as a parent, a grandparent now, to help
inform the community. He's not being paid for this.
I understand these issues do involve an element of politics. I
understand that. That's part of the process that we live in. We do have
governing bodies that govern us, but these issues are important,
particularly to parents and children, our future.
And I hope to speak to you today in a way that -- where we kind
of find common ground, work together. And I'm going to share this
today, some information, some details documenting -- from the FDOE
the condition of both our reading scores and our math scores here in
the district.
I have four children in the district, and we've had some great
experiences. We've had some not-so-great experiences, but overall,
we've enjoyed our time here in the district with our children.
I want to start with the idea that the fact that we're being honest
with where we are today is not an act of disrespect. It's not act -- it's an
act of trying to figure out where we are and how we can improve this
for our children.
So it's really a form of really being CCPS proud. It's a way of
expressing our concern and love for the community, taking time away
from our work and our family to do this.
Stated another way, an honest understanding of where we are as a
district academically is a necessary first step for this community to link
arms, work together, and unite to give every child the opportunity for
academic -- the very, very best in academic rigor.
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My purpose today is to help facilitate this intervention, this
discussion, and I want to illuminate some facts pertaining to the
proclamation, the April 26th CCPS Proud proclamation by providing
some data for you.
Specifically, in your proclamation you stated, quote, 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 2001 to 2015,
respectively.
A 58 percent increase would be fantastic. We would all unite and
celebrate on that achievement; however, does this information in the
proclamation, does it stack up with the reading and math data?
So I want to start with the slide. The first slide is a slide that
depicts the math trends, and it starts from 2004 and it goes all the way
to 2011 . And you can see the continual trend. You can see on the
graph the trend up, the increase, and at the very end you'll see that 71
percent of our students here in the district scored three or higher; they
were proficient. That's a nice trend, and we certainly would like to see
this continue.
Now, that's from 2004 to 2011. Let me show you what the FDOE
data shows relative to the performance from 2012. This is the new
Administration, Dr. Patton, who started that school year in 2012
through 2015. That's what the data shows. Now, I wish it didn't show
that, but that's the data. That's where we are.
And as you can see, for example, kind of a flat line of 58, 63, 64,
59. Now, you'll notice that we went from 71 to 58 on the scores, the
math scores.
There was a change in 2012/2011. There was an FCAT 2.0 that
was issued for the Next Generation Sunshine Standards. So there was
a -- there was a decline.
We also see a decline also 2015 when we see the new FSA test.
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But you look at the flat line. Now, I wanted to compare in that graph --
the data above that is St. Johns. And St. Johns is showing really a
trend through that time period, a nice trend, a 75, a 77, 79, 77. They
went through the same test mechanism that we went through. They
weathered it, and their students did well. I wish we were at those
numbers here in Collier County.
I want to also discuss a little bit about why. You know, we've
adopted an investigation discovery math curriculum. We've seen that
adopted in California. It was an absolute disaster. We've seen
Facebook posts from parents that are concerned about the difficult
math, the bizarre math, the de-emphasize on basic math facts, rote
memory skills, which we know work.
I've talked to teachers across this district who work in remediation
of our high school students. We have some significant work to do to
get rid of the flat line on the math tests that require real changes in how
we teach.
I want to talk briefly about reading averages. Now, I want you to
-- I want to start by showing the third-grade reading scores. Let me
just start by saying that the data shows between 44 to 46 percent of our
students are not at grade level in 2015.
Now, not all of the 2016 FSA results are out, but we do have
results that are in for the third-grade students. And I want you to take a
look at those numbers. Now, that's a trend line, by the way. That goes
from 2010 to 2016. You see where this trend is going for our students.
This last result we saw a decline from 2010. We're now down to
52 percent of our students were proficient in third grade on their
reading scores.
I have another graph that shows the pre-Dr. Patton average from
2004 to 2011 in our reading trend.
You'll see from this graph that there was a nice steady increase in
the reading scores, a nice trend line going up in terms of students. We
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also saw during that same time period from 2004 to 2011 a decrease in
the amount of Caucasian students in the county. So we've seen a 9
percent drop in the Caucasian students. We know we have a very
diverse population. But during that time period we want to give, you
know, kudos to the district because from 2004 to 2011 we saw an 11
point increase. That was very substantial.
My time is running. So I have more data to share. I just wanted
to, in the spirit of linking arms, coming together as a community, I
want to show the data. There are some great things we can do with
Spalding Phonics. There's great things we can do with textbooks that
work that are proven time-tested materials.
And I think the very first step to engaging and improving our
system is honestly looking at the data, looking at where we are and
looking at proven materials that will help us as a district grow together,
particularly our students. Thank you.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I'm -- fascinating to see
this, but I can tell you I have a granddaughter that is graduating from
Grade 1. She has to be able to spell 200 words, and she has to be able
to write three paragraphs in full sentences.
CHAIRMAN FIALA: First grade?
COMMISSIONER TAYLOR: Grade 1. Now, when I graduated
from Grade 1, it was, "see spot," "there's Jane."
COMMISSIONER HILLER: I don't think I could read.
COMMISSIONER TAYLOR: That's what's required.
COMMISSIONER HILLER: I don't think I could read.
COMMISSIONER TAYLOR: And there isn't -- you know, let's
never forget that the school system has 86 different languages spoken
in it, 86, and there's been a tremendous influx of folks coming into
Florida and Collier County. It's documented.
So I appreciate the speakers, but I would ask you, did you have to
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May 24, 2016
spell 200 words in Grade 1, and could you have written three
paragraphs in full sentences? I know I couldn't have.
Thank you.
CHAIRMAN FIALA: Okay. Thank you very much.
Leo?
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MR. OCHS: Madam Chair, that takes you to your final item,
Item 15, staff and commission general communications. I don't have
anything additional for the Board today, ma'am.
CHAIRMAN FIALA: Good.
MR. OCHS: Thank you. Okay.
CHAIRMAN FIALA: I do mean that playfully.
MR. OCHS: I know.
CHAIRMAN FIALA: Lift the spirit a little bit.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. County Attorney?
MR. KLATZKOW: I probably shouldn't say this, but --
COMMISSIONER TAYLOR: No, you shouldn't.
MR. KLATZKOW: I probably shouldn't say this, but I had three
kids go through the Collier County school system, and I'm very
appreciative of the wonderful education that they did get.
CHAIRMAN FIALA: Thank you.
Okay. Starting with Commissioner Taylor.
COMMISSIONER TAYLOR: Well, we're going to change the
subject. It was suggested that perhaps we should have a countywide
Wi-Fi. And I don't know what that would entail or what that would
require, but other countries, in Paris, for instance, there is a Wi-Fi in
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Paris. And I'm not suggesting that Paris is the size of Collier County,
and I'm sure the critters in the Big Cypress don't need Wi-Fi, but it is
something that maybe we could just explore.
And, you know, we don't have to hire a consultant right now, but
I thought it was an interesting idea. And so that's all I have.
Oh, oh, no, no, no. Stay tuned. Tomorrow we have Gulf View
Middle School here and Immokalee Middle School here, and we're
going to have two mock commission meetings. These are civic classes
that are coming here. I understand, County Manager, we have 70 folks
going to be here.
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: Seventy, yes.
And not only that, but our staff is going to be involved in the
exercise. They have picked their subjects. We -- the Sheriffs
Department's going to be involved, you know, our County Attorney is
going to be involved, and these children -- these young people are
going to take our positions up here. They've been studying what we do
up here.
COMMISSIONER NANCE: Oh, my God. We were good up to
that point.
COMMISSIONER TAYLOR: Well, probably -- and they're
going to be here, and they're going to petition. They each have -- each
schools have four items, so it's going to happen tomorrow. It's an
inaugural event, but I'm very, very excited about it, and I want to thank
County Manager Ochs and --
MR. OCHS: You're welcome.
COMMISSIONER TAYLOR: -- and our County Attorney and
all those who have volunteered. I'm very excited and looking forward
to see what these young people bring to fore. So that's it.
Thank you.
CHAIRMAN FIALA: Commissioner Nance?
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COMMISSIONER NANCE: Yes. I hope to see everybody on
Monday coming up for Memorial Day. I know we'll have a somber
ceremony, but I think it's always really a good thing to attend. I plan
on being there up at the Memorial Gardens. I hope everybody will join
me to honor all those who serve our country and have served in the
past and some of them who have given the final measure of devotion
and sacrificing their life for our country.
The other thing I wanted to do is I passed to the Board, and I will
make this available to staff and everything, this is a little thing you
should take a look at. Most notably the back page.
And this is a little description of panther interaction at the Farm
Workers Village out in Immokalee. And what we have there is -- you
know, I think everybody realizes we have a wonderful USDA grant to
build that. Well, it seems that the little panther, which is on the last
page or the second-to-the-last page, was living in the Brazilian pepper
there behind the residences, and as the dogs and cats that belonged to
the residents would stroll out in the yard, they would become a snack.
So the authorities have gone in there and come up with the
panther -- Florida Panther Response Team has come in and made
recommendations and so on and so forth.
But I just wanted to make you aware that, you know, as our
panther program continues to be successful, it's likely for us to have
more panther-human interaction. And because of that, I plan, in the
not-too-distant future, to bring an agenda item forward to the Board.
And what I'm going to propose is that we request professionals
that are managing these climax predators give us some guidance as to
where we are with the success of our -- of our programming, what the
carrying capacity is of Collier County for panthers, and to make sure
that we, as a board, are adopting appropriate policies that make sure
that we minimize panther-human interaction and that we have policies
that are good for both the cats and our population, because it seems
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that we have been very successful, but now we are in, in my view, in a
phase where we need to start managing our success.
And we need to make sure that we don't have an unfortunate
event that is going to crash our program, because I fear that we're
reaching a panther population that's getting up to that point.
So all I'm -- all I'm going to want to do is to collect information
for the Board to consider and just get an update as to where we are and
maybe make sure that our growth management restudies going forward
with all these lands that are in conservation and protected from
development are being managed such that we don't have unfortunate
interactions that none of us want to see happen.
So I just want to pass this little example forward to you and just
let you know that I think that consideration is something that should be
included in our deliberations going forward.
CHAIRMAN FIALA: Thank you.
You know, just speaking about that and speaking to the lady, that
was very nice; your presentation was very good, and I could see it was
heartfelt.
We -- yes, we do have at least 78 percent of our land in
preservation, and I think -- I think that it's been so nice for the animals
because they have a place to hide. They have a place to make babies.
And when I moved here, there were -- they estimated there were
only 30 panthers left in the entire state of Florida. And, of course,
panthers have felt pretty safe here, so they keep multiplying and
multiplying now after they brought the Texas cougars in for a little
while to stimulate all of that.
And on top of all of the other babies being born, you hear of
automobile -- automobiles killing panthers constantly, but have you
noticed none of them have a tracking collar on them? That means
there's even more out there then in the count that they're giving us.
And I think it's because their roaming area has not enlarged.
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Well, that's because we're living there. And, you know, their land isn't
going to grow. They've got that same set aside because nobody can
take it away from them, from the animals, from the holdings that
they're in, but their populations keep growing.
And, you know, now when you see -- I just saw a picture just
yesterday of a panther running around on Marco Island. It was going
-- running across the street and over by somebody's mailbox. And
you're thinking, man, oh, man, they're everyplace.
But it's because we've been kind to them, and we've wanted to
make sure that they could also grow their populations. Anyway, that's
enough of that subject.
I want to thank everybody for being here and for indulging this
long meeting. Oh, I'm going to get them.
COMMISSIONER TAYLOR: Okay. Okay.
CHAIRMAN FIALA: I wouldn't miss them.
And indulging me, too. Sometimes I try and keep the meeting in
order, and I -- and I fail a little bit, but I want to keep it going even
though I have to move it along. So I thank you for your understanding.
And with that, Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Nick, can you please put the photographs that I shared with you
on the overhead.
Commissioner Fiala, you're the champion of pickleball in Collier
County, but I want you to know that we have other sports that are new
sports to Collier County that are furthering our commitment to the
community to be sports-minded and to promote sports tourism.
That's my son. You know, you would never guess it. But can
you show the other picture? Because the other picture is the more
important picture.
This is the Naples BMX team.
COMMISSIONER TAYLOR: Oh, that's great.
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May 24, 2016
CHAIRMAN FIALA: Oh, for goodness sake.
COMMISSIONER HILLER: And it includes the parents and the
kids, and they train in Golden Gate behind the center there at the park
at the Wheels BMX track which is absolutely unbelievable. And we
need to recognize them, because this weekend they came in first in the
SSA Championship.
So we've got budding athletes in a cutting-edge new sport, and
you guys need to go out there and watch what they do. If you've never
seen BMX, go on YouTube. It will blow your mind. I mean, these
little kids and, actually, adults, are all daredevils, and it's very exciting.
They're very professional, they're very safe, and they're real athletes.
So we need to congratulate them.
So while I respect your pickleball passion, in the Hiller family,
BMX rules right now, so -- yeah. And my son is actually part of it as
well, and we're trying to figure out a -- they all have special names,
like, nicknames, so if you have any suggestions, let me know, you
know.
COMMISSIONER NANCE: I think Mrs. Nance saw one of
those little ones go through our backyard about 200 miles an hour last
week.
COMMISSIONER HILLER: They are amazing. They are --
they are truly, absolutely amazing.
The other announcement I would like to make is the Chamber of
Commerce annually hosts a Citizen of the year Award, and it's always
-- the Citizen of the Year Award is presented by the Naples Daily
News, and this year it was Patrick O'Connor, and I think we need to all
recognize his very significant contribution to the community. His civic
volunteerism is above and beyond, and we should all applaud him.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: He's amazing.
CHAIRMAN FIALA: He's got the kindest, gentlest heart.
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May 24, 2016
COMMISSIONER HILLER: Yeah. And, actually, I thought
maybe next year they could recognize his wife, just like they did the
Bartons about a decade ago when they had him one year and her the
next year. And it's, like, kind of cute to see these couples who are so
philanthropic and so giving. So I think that was -- I think that was very
worthy of note.
And the last thing I want to remind everybody of is what
Commissioner Nance said is that Monday is Memorial Day, and there
will be a service at 10 o'clock at the Hodges Memorial Gardens, which
will be hosted by the veterans and really will be special.
And one of the things that's special about it is -- people who don't
know this -- we have a Wounded Warriors baseball team, and they're
all amputees.
CHAIRMAN FIALA: Ooh. I was at their game.
COMMISSIONER HILLER: Amazing people. I mean, amazing
people. So I hope you're there.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. The -- in 2003 the Board
entered into an agreement with South Florida Water Management in
removing our interest of the roads, the county roads within Southern
Golden Gate Estates for the restoration is now called the Picayune
Strand.
It was quite controversial back then about doing so. Even on the
Board some of the members were very reluctant.
Now, part of the agreement and what sold me on that, besides the
restoration and the flows going into our estuarine system to slow it
down, was still the ability to recreate in Southern Golden Gate Estates,
for the public to recreate; camping, fishing, hiking, so on and so forth.
It was then stated, Fish and Wildlife, or state -- Florida Wish and
Wildlife will be the ones managing the lands for the public to enter
into.
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May 24, 2016
In the agreement it had primary and secondary roads. The
primary roads were to be all-weather. In other words, open to the
public, utilized access year-round.
Visiting the Picayune, it's far from that. You would need, on a lot
of these roads, a swamp buggy to go through it.
So what I'm asking the Board is to support and direct staff to ask
South Florida Water Management to come to the Board in the next
meeting to tell us about the project and when is the Board -- or when is
the public going to have access to that.
COMMISSIONER NANCE: Commissioner Henning, was it
your understanding when they worked on that that a lot of that access
was going to be seasonal or all year?
COMMISSIONER HENNING: No, it was going to be all year.
There was going to be -- the secondary roads would be seasonal.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: The primary roads would be all
year round.
COMMISSIONER NANCE: You know, because my
recollection, when I was a little boy I used to come out there to those
South Golden Gate Estates, and I believe that Miller was one of the
north/south roads that was paved, and by July the water was a foot
above that asphalt road, back historically. So I don't know, is it
anticipated that there's going to be some -- I mean, do they want to --
are you proposing that they elevate some of the roads in there for --
COMMISSIONER HENNING: No, just live up to the
agreement.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: And the agreement said that the
primary -- and this is Stewart Boulevard right here.
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: That Stewart Boulevard would
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May 24, 2016
be an all-weather road.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: You know, whether it's snow
down there or, you know, there's a hurricane go through there, it was
going to be accessible to the residents.
COMMISSIONER NANCE: And are they -- you know, I'm very
interested in that because I also am interested to know if they're
planning on maintaining Jane Scenic Drive over a long period of time,
because my understanding is they've done very little to make that road
passible, and it's been described to me that it's virtually -- right now it's
basically impassable.
I used to go in my F150, not four-wheel drive truck. I used to be
able to go across the Jane Scenic Drive all the way down and come out
at Copeland. And, you know, I was advised that unless you have a
serious, serious swamp buggy, that you can't go down --
COMMISSIONER HENNING: Yeah. Jane Scenic --
COMMISSIONER NANCE: -- Jane Scenic Drive anymore.
COMMISSIONER HENNING: -- Drive is not a part of the
agreement. It was just the roads --
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: -- within what was known as
Southern Golden Gate Estates.
COMMISSIONER NANCE: That are now Picayune?
COMMISSIONER HENNING: It is now Picayune, yeah.
And we need to understand, being it's an agreement with the
Board of County Commissioners on behalf of the public, that the
people have access to it.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: Do I get support?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: To -- okay. So you want to
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contact those fine folks and --
MR. CASALANGUIDA: Got it.
COMMISSIONER NANCE: Yeah. I don't think anybody's
heard a Comprehensive Plan for a long, long time, huh?
COMMISSIONER HENNING: Yeah. And it's a phased project.
And you're going to find out the different players within it, and it's -- to
me, it really convolutes things.
You have South Florida Water Management putting together
everything but fish and -- or the Corps of Engineers, it's their project.
COMMISSIONER NANCE: Yeah.
COMMISSIONER HENNING: And then you have Florida Fish
and Wildlife is going to manage it.
COMMISSIONER NANCE: Manage it.
COMMISSIONER HENNING: How does the restoration and
other agreements align with our agreement? Here's the roads, the
primary and secondary roads, and the primary roads being in blue.
COMMISSIONER NANCE: Well, you know, Commissioner,
actually, this is -- it reaches back farther than probably most people
realize. I know you probably realize it but, you know, going forward,
the ownership and management of these lands is not coordinated or
uniform by any means. There are many players, and that's part of our
challenge going forward. For example, on the rural fringe mixed-use
district, who was going to be the ultimate recipient of those
conservation lands?
You know, we've got situations where we have adjoining lands
here that are not in unified management, and I think it's very, very
difficult to try to maximize performance on anything when you've got
different agencies that abut because, you know --
COMMISSIONER HENNING: Well, the interesting thing down
there is the wildlife down there. I mean, there's a lot of turkey down
there, deer. There's dens of panthers down there. And what I find
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May 24, 2016
surprising, there's very little feral hogs down there.
CHAIRMAN FIALA: Very little what?
COMMISSIONER HENNING: Hog.
COMMISSIONER NANCE: I think they've become dinner.
COMMISSIONER TAYLOR: Yeah, I was going to say that.
COMMISSIONER HENNING: But amazing amount of turkey
down there, amazing amount.
So anyways. Well, thanks for your support. That's all I have.
CHAIRMAN FIALA: So close by, mile-wise, and I never knew
any of that. That's so interesting. Thank you.
COMMISSIONER HILLER: It's such a big county.
CHAIRMAN FIALA: Okay. With that, may I have a motion to
adjourn?
COMMISSIONER TAYLOR: So moved.
CHAIRMAN FIALA: And a second?
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Very good. We are adjourned.
COMMISSIONER NANCE: Thank you.
*****
**** 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
CONTRACT #16-6544 AWARDED TO NOVA ENGINEERING
AND ENVIRONMENTAL, LLC TO PROVIDE TEMPORARY
STAFF AND SERVICES TO THE GROWTH MANAGEMENT
DIVISION — AS DETAILED IN THE EXECUTIVE SUMMARY
Page 117
May 24, 2016
Item #16A2
RESOLUTION 2016-102: AMENDING RESOLUTION 2006-200,
AS AMENDED, WHICH ESTABLISHED THE FLOODPLAIN
MANAGEMENT PLANNING COMMITTEE, AMENDING THE
COMMITTEE'S MEMBERSHIP TO ALLOW: 1) THE COUNTY
MANAGER TO APPOINT COUNTY STAFF ALTERNATES
WITH VOTING CAPABILITIES, 2) COUNTY STAFF MEMBERS
AND ALTERNATES THE ABILITY TO RESIDE OUTSIDE OF
THE COUNTY AND 3) INCORPORATED MUNICIPALITIES
THE ABILITY TO APPOINT ALTERNATES WITH VOTING
CAPABILITIES TO THE COMMITTEE — WILL ALLOW FOR
GREATER PARTICIPATION AT QUARTERLY MEETINGS,
ENHANCE COMMITTEE MEMBERSHIP AND PROVIDE A
GREATER LEVEL OF AWARENESS AND PRODUCTIVITY
Item #16A3
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR THE
QUARRY PHASE 3A, PL20110001151, AND AUTHORIZING
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 — THE FACILITIES WERE FOUND
SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL
INSPECTION JANUARY 25, 2016
Item #16A4
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May 24, 2016
FINAL ACCEPTANCE OF WATER AND SEWER FACILITIES
FOR WATERCOURSE AT TALIS PARK, PL20130002297 AND
PL20130002621, ACCEPT UNCONDITIONAL CONVEYANCE
OF A PORTION OF THE WATER AND SEWER FACILITIES,
AND AUTHORIZING THE COUNTY MANAGER, OR HIS
DESIGNEE TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $12,936.58 TO THE PROJECT ENGINEER
OR DEVELOPER'S DESIGNATED AGENT — THE FACILITIES
WERE FOUND SATISFACTORY AND ACCEPTABLE UPON
STAFF'S FINAL INSPECTION MARCH 17, 2016
Item #16A5
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT
(PARCEL 393RDUE) AND A TEMPORARY DRIVEWAY
RESTORATION EASEMENT (PARCEL 393TDRE) REQUIRED
FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM
20TH STREET E TO EAST OF EVERGLADES BOULEVARD
(PROJECT NO. 60145) ESTIMATED FISCAL IMPACT: $15,081 —
FOR A 25-FOOT WIDE PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT AND
200 SQUARE FOOT TEMPORARY DRIVEWAY RESTORATION
EASEMENT LOCATED ON THE NORTH SIDE OF GOLDEN
GATE BOULEVARD
Item #16A6
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR CAMDEN
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May 24, 2016
LAKES, PL20130001669, AND AUTHORIZING 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 — IT WAS DETERMINED THE FACILITIES WERE
SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL
INSPECTION ON FEBRUARY 4, 2016
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR CAMDEN
LAKES, PHASE C, PL20130002397, AND AUTHORIZING 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 — IT WAS DETERMINED THE
FACILITIES WERE SATISFACTORY AND ACCEPTABLE
UPON STAFF'S FINAL INSPECTION ON FEBRUARY 4, 2016
Item #16A8
RECORDING THE MINOR FINAL PLAT OF WATERCOURSE
AT TALIS PARK, LOTS 1 - 6, APPLICATION NUMBER
PL20160000640 — WITHIN THE TUSCANY RESERVE PUD
Item #16A9
RESOLUTION 2016-103 (PHASE 3) AND 2016-104 (PHASE 3A):
GRANTING FINAL APPROVAL OF PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS FOR THE QUARRY PHASE 3A
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May 24, 2016
FINAL PLAT, APPLICATION PL20100000831 AND QUARRY
PHASE 3 FINAL PLAT, APPLICATION PL20110000670, WITH
ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED AND AUTHORIZING RELEASE OF THE
MAINTENANCE SECURITIES — FOR PROJECTS WITHIN THE
HERITAGE BAY PUD AND IMPROVEMENTS THAT WILL BE
MAINTAINED BY THE HOMEOWNER'S ASSOCIATION
Item #16A10
RESOLUTION 2016-105: GRANTING FINAL APPROVAL OF
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF THE QUARRY PHASE 4 REPLAT, LOTS
42 THROUGH 75, APPLICATION PL20120000412 WITH
ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY — A PROJECT WITHIN THE
HERITAGE BAY PUD
Item #16A11
RESOLUTION 2016-106: GRANTING FINAL APPROVAL OF
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF THE QUARRY COQUINA CIRCLE,
APPLICATION, PL20120001085 WITH ROADWAY AND
DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED
AND AUTHORIZING RELEASE OF THE MAINTENANCE
SECURITY
Item #16Al2
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May 24, 2016
RECORDING THE FINAL PLAT OF COQUINA AT MAPLE
RIDGE - PHASES 2 AND 3, APPLICATION PL20150002721,
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS
Item #16A13
AN EXTENSION TO COMPLETE REQUIRED SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE VALENCIA
LAKES — PHASE 6-A (AR-5383) SUBDIVISION PURSUANT
TO SECTION 10.02.05 C.2 OF COLLIER COUNTY'S LAND
DEVELOPMENT CODE — EXTENDING THE JANUARY 16, 2016
DEADLINE TO JANUARY 16, 2018
Item #16A14
CONVEYING A REVOCABLE TEMPORARY LICENSE TO
SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
INSTALLATION OF A RAIN GAUGE AND ASSOCIATED
TELEMETRY EQUIPMENT AT THE COUNTY'S 43-ACRE
PROPERTY ON SHADY HOLLOW BOULEVARD — SFWMD
WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE
EQUIPMENT ON THIS PROPERTY LOCATED 2 MILES WEST
OF IMMOKALEE ROAD
Item #16A15
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
AGREEMENT NO. S0859 TO RECOGNIZE GRANT FUNDING
IN AN AMOUNT UP TO $750,000 FOR CONSTRUCTION OF
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May 24, 2016
THE NAPLES PARK AREABASIN INFRASTRUCTURE
OPTIMIZATION FOR STORMWATER, WATER AND SEWER
(PHASE I), PROJECT NOS. 60139 & 70120 — A PROJECT THAT
INCLUDES STORMWATER AND WATER AND SEWER
IMPROVEMENTS ALONG 110TH AVE N. AND 107TH AVE N.
Item #16A16
REJECTING ALL BIDS UNDER INVITATION TO BID #16-6539,
PESTICIDES, FUNGICIDES, AND FERTILIZATION
APPLICATION — A REVISED SOLICITATION WILL BE ISSUED
AS NONE OF THE BIDDERS SUBMITTED THE LICENSES
REQUIRED BY FLORIDA STATUTES
Item #16A17
REVIEWING AND APPROVING SOUTH FLORIDA WATER
MANAGEMENT DISTRICT'S BIG CYPRESS BASIN FY2017
CAPITAL IMPROVEMENT PLAN — IN ACCORDANCE WITH
AGREEMENT #C-11759, VALID UNTIL SEPTEMBER 30, 2024,
THAT PROVIDES SHARED RESPONSIBILITIES BETWEEN
SFWMD BIG CYPRESS BASIN AND COLLIER COUNTY FOR
THE OPERATION AND MAINTENANCE OF WATERCOURSES
AND WATER CONTROL STRUCTURES IN THE COUNTY
Item #16A18
RECOGNIZING A COLLIER METROPOLITAN PLANNING
ORGANIZATION'S TRANSPORTATION DISADVANTAGED
FY 16/17 PLANNING GRANT IN THE AMOUNT OF $26,077
AND AUTHORIZING A NECESSARY BUDGET AMENDMENT
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May 24, 2016
— WILL PROVIDE FOR SPECIFIC PLANNING TASKS IN THE
MPO'S 2016/17 FISCAL YEAR BUDGET
Item #16A19
ACKNOWLEDGING COLLIER METROPOLITAN PLANNING
ORGANIZATION'S PLANNING GRANT FOR FY 16/17 AND
RECOGNIZEING THE MPO BUDGET IN THE AMOUNT OF
$763,514, EFFECTIVE JULY 1, 2016 — INCLUDES $543,514
IN FEDERAL FUNDING TO CONDUCT TRANSPORTATION
PLANNING ACTIVITIES AND A $220,000 DE-OBLIGATION
FROM FY 2014/15 CARRY-OVER FUNDS
Item #16A20
AWARD INVITATION TO BID #16-6634 "PINE RIDGE ROAD
SIDEWALK REPAIRS" TO SOUTHERN STRIPING SOLUTIONS,
LLC D/B/A COLLIER PAVING & CONCRETE AND
AUTHORIZING A NECESSARY BUDGET AMENDMENT — TO
PROVIDE ADA UPGRADES, CURB AND GUTTER REMOVAL
AND INSTALLATION OF SIDEWALKS ON PINE RIDGE ROAD
FROM OSCEOLA TRAIL TO CARIBBEAN ROAD
Item #16A21
COUNTY MANAGER TO SEND A LETTER OF INTEREST
FROM COLLIER COUNTY TO THE JACKSONVILLE DISTRICT
OF THE U.S. ARMY CORPS OF ENGINEERS REQUESTING A
"NEW START" STATUS — AS DETAILED IN THE EXECUTIVE
SUMMARY
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May 24, 2016
Item #16A22
RESOLUTION 2016-107: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION THAT REIMBURSES COLLIER COUNTY
UP TO $460,00 TO PURCHASE EQUIPMENT FOR COLLIER
COUNTY TRAFFIC MANAGEMENT CENTER VIDEO WALL
REPLACEMENT PROJECT #FPN #433178-1-98-01 — A PROJECT
THAT MUST BE COMPLETED BY DECEMBER 31, 2017 AND
INCLUDES PURCHASE OF A VIDEO MANAGEMENT
CONTROL SYSTEM, WORKSTATION UPGRADES, ROUTERS
AND AUDIO AND COMMUNICATION SYSTEMS
Item #16A23
RESOLUTION 2016-108: MEMORIALIZING BOARD
APPROVAL AND AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION THAT WILL REIMBURSE COLLIER
COUNTY $600,000 TO UPDATE ADVANCED TRAFFIC
MANAGEMENT SOFTWARE USED AT COLLIER COUNTY'S
TRAFFIC OPERATIONS AND MANAGEMENT CENTER
(PROJECT FPN #433174-1-98-01)
Item #16A24
BOARD MEMBERS TO SIGN A "PUBLIC OFFICER CONFLICT
OF INTEREST CERTIFICATION" RELATED TO CONTRACT
#15-6456, CONSTRUCTION ENGINEERING INSPECTION (CEI)
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May 24, 2016
SERVICES, WITH AIM ENGINEERING & SURVEYING, INC.
FOR LAP FUNDED PROJECTS — IN ACCORDANCE WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION'S 2015
AMENDED LAP MANUAL FOR LAP FUNDED SIDEWALK
PROJECTS IN COLLIER COUNTY
Item #16B1
AFTER-THE-FACT SUBMITTED GRANT APPLICATION TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
IN THE AMOUNT OF $40,000 TO FUND UPDATES TO THE
BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT
AGENCY'S 2000 PLAN — IF AWARDED FUNDS WOULD BE
USED TO UPDATE THE AGENCY'S 15-YEAR OLD PLAN TO
CLARIFY GOALS, OBJECTIVES AND PROVIDE UP-TO-DATE
REVENUE PROJECTIONS USING CURRENT DATA ANALYSIS
Item #16C1
AWARDING INVITATION TO BID #16-6590, "SMALL METERS
CHANGE OUT PHASE 2," IN THE AMOUNT OF $359,048.25 TO
NATIONAL METERING SERVICES, INC., FOR METER
RENEWAL AND REPLACEMENT PROJECT #70010 —
REPLACING 10,000 AGED WATER METERS TO ENSURE
ACCURATE CUSTOMER BILLING
Item #16C2
AWARDING A $370,020.03 WORK ORDER UNDER
CONTRACT #14-6213-60 TO QUALITY ENTERPRISES USA,
INC. FOR FIRE HYDRANT REPLACEMENT PROJECT NO.
Page 126
May 24, 2016
70023 AND APPROVING THE NECESSARY BUDGET
AMENDMENT — TO REPLACE 61 HYDRANTS THAT HAVE
REACHED END-OF LIFE WITHIN THE LELY BAREFOOT
BEACH SUBDIVISION
Item #16D1
RESOLUTION 2016-109: RECOGNIZING AND ACCEPTING A
$20,000 DONATION GIVEN BY THOMAS AND NANCY
HESTER TO USE FOR THE PURCHASE OF OUTDOOR
FURNITURE TO BE USED AT THE TONY ROSBOUGH PARK
LITTLE LEAGUE FIELD IN IMMOKALEE AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS — THE DONATION
WILL BE USED TO PURCHASE RIVER ROCK TABLES FOR
THE CONCESSION AREA, FOR BLEACHERS AND IF
FUNDING ALLOWS, A SMALL SHADE STRUCTURE
Item #16D2
SUPPORTING THE ROTARY CLUB'S USE OF FRED W.
COYLE FREEDOM PARK FOR A FUNDRAISER FOR THE
FREEDOM MEMORIAL AT NO COST TO THE ROTARY CLUB
— A FUNDRAISER WHEREBY DONORS PURCHASE FLAGS
THAT ROTARY CLUB MEMBERS WILL INSTALL AND
DISPLAY IN FRONT OF THE FREEDOM MEMORIAL PARK
BEGINNING SATURDAY, MAY 28, 2016 UNTIL THEY'RE
REMOVED DURING A FLAG RETIREMENT CEREMONY AT
THE PARK ON FLAG DAY, JUNE 14, 2016 WITH HALF THE
FUNDS (50%) RAISED GIVEN TO THE MEMORIAL PROJECT
AND REMAINING FUNDS RAISED ALLOCATED TO OTHER
NON-PROFITS
Page 127
May 24, 2016
Item #16D3
A LANDLORD PAYMENT AGREEMENT THAT ALLOWS THE
COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND
HOMELESSNESS PREVENTION PROGRAM THROUGH THE
EMERGENCY SOLUTIONS GRANT PROGRAM — AN
AGREEMENT BEGINNING MAY 3, 2016 BETWEEN THE
COUNTY AND COLLIER COUNTY HOUSING AUTHORITY,
AT 1800 FARM WORKER'S WAY, IMMOKALEE, FLORIDA
Item #16D4 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16D5
PROVIDING A 20% DISCOUNT ON COLLIER COUNTY PARKS
AND REC SWIMMING LESSON PROGRAMS FOR KIDS AGE 5
AND UNDER IN COLLIER COUNTY AND AUTHORIZING
PARKS AND REC TO PROMOTE THE DISCOUNT IN NAPLES
COUMMINTY HOSPITAL'S SAFE AND HEALTHY CHILDREN
COALITION'S WATER SMART PRESCRIPTION BOOKLET —
STAFF RECOMMENDS EXTENDING THIS DISCOUNT, THAT
PROVIDES 20% OFF THE FIRST SESSION OF LEVEL 1 SWIM
LESSONS, ANUALLY FROM MAY 15 — AUGUST 31, TO
INCREASE WATER SAFETY AWARENESS
Item #16D6
AN APIARY AGREEMENT (BEE KEEPING) FOR CARACARA
PRAIRIE PRESERVE WITH RICK RUBY UNDER THE
CONSERVATION COLLIER PROGRAM AND DIRECTING THE
Page 128
May 24, 2016
COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
AGREEMENT TERMS — A 1-YEAR AGREEMENT WITH (4)
1-YEAR RENEWAL OPTIONS THAT ALLOWS MR. RUBY TO
KEEP A MAXIMUM 50 BEE HIVES PER APIARY SITE AT TWO
AREAS WITHIN THE CARACARA PRAIRIE PRESERVE
Item #16D7
A 5-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN
FOR THE CONSERVATION COLLIER PANTHER WALK
PRESERVE — THE 10.69-ACRE PRESERVE IS LOCATED AT
2845 60TH AVENUE NE IN GOLDEN GATE ESTATES, WEST
OF EVERGLADES BOULEVARD IN HORSEPEN STRAND
Item #16D8
AWARDING ITB #16-6623 TO WAUSAU TILE AND AN
EXPENDITURE OF $58,803 FROM BEACH PARK FACILITIES
TOURIST DEVELOPMENT TAX FUNDS TO PURCHASE
WILDLIFE PROOF WASTE RECEPTACLES FOR COUNTY
BEACH & PARK FACILITIES AND MAKE A FINDING THAT
THE EXPENDITURE PROMOTES TOURISM — TO KEEP
WILDLIFE FROM ACCESSING GARBAGE CANS AND/OR
GARBAGE CONTAINERS AT COUNTY FACILITIES
Item #16D9
WAIVING FARES FOR COLLIER AREA PARATRANSIT
PASSENGERS THAT REQUIRE TRANSPORTATION FOR A
FUNCTIONAL ASSESSMENT OR TRAVEL TRAINING AS
PART OF THE AMERICANS WITH DISABILITIES ACT (ADA)
Page 129
May 24, 2016
PROGRAM'S ELIGIBILITY PROCESS — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D10
CONTINUED FROM THE APRIL 12, 2016 BCC MEETING.
RECOMMENDATION TO APPROVE CHANGE ORDER #1
UTILITZING CONTRACT #12-5892 WITH MCGEE &
ASSOCIATES FOR SAFETY IMPROVEMENTS ASSOCIATED
WITH DESIGN PLANS FOR THE SIDEWALK/ PATHWAY
CONNECTING THE COLLIER COUNTY BEACH PARKING
LOT AT THE END OF SEAGATE DRIVE TO THE NORTH GULF
SHORE BOULEVARD BEACH ACCESS FOR $5,140 AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM — DUE TO THE COMMUNITY'S INPUT AND
URGING TO WIDEN THIS NARROW 4.75 FT PATHWAY THAT
IS HIGHLY UTILIZED BY VISITORS
Item #16D11
A SUBORDINATION AGREEMENT WITH COMMUNITY
HOUSING CAPITAL (SENIOR LENDER) AND OAK MARSH,
LLC (BUYER) AND FLORIDA HOUSING FINANCING CORP.
(SUBORDINATE LENDER) AND OAK MARSH, LLC FOR
PROPERTIES BEING PURCHASED FROM IMMOKALEE NON-
PROFIT HOUSING, INC. D/B/A IMMOKALEE HOUSING AND
FAMILY SERVICES TO TRANSFER THE PREVIOUS
DECLARATION OF RESTRICTIVE COVENANTS THAT WERE
PLACED ON THESE PROPERTIES FOR COMMUNITY
DEVELOPMENT BLOCK GRANT ACTIVITIES TO THE NEW
OWNER — AS DETAILED IN THE EXECUTIVE SUMMARY
Page 130
May 24, 2016
Item #16D12
DECLARING THAT THE EXECUTION OF AN IMPACT FEE
DEFERRAL LIEN WITH A HOMEOWNER UNDER ARTICLE IV
OF CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES
IS ADMINISTRATIVE AND MINISTERIAL, ALLOWING THE
COUNTY MANAGER TO SIGN DEFERRAL AGREEMENTS,
PER THE APPROVED ORDINANCE; WITH AFTER THE FACT
BOARD RATIFICATION
Item #16D13 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16E1
RATIFYING PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE SECOND QUARTER OF FY16 — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16E2
SECOND AMENDMENT TO AGREEMENT TO PROVIDE A
6-MONTH TIME EXTENSION TO ALLOW FOR THE RECEIPT
AND INSTALLATION OF EQUIPMENT FOR THE GREATER
NAPLES FIRE DISTRICT WITH RESPECT TO FUNDING BY
THE GAC LAND TRUST — AMENDING THE MAY 27, 2014
AGREEMENT SUBSEQUENTLY AMENDED JUNE 9, 2015 TO
EXTEND THE JULY 31, 2016 EXPENDITURE DEADLINE TO
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May 24, 2016
JANUARY 31, 2017
Item #16E3
CONTRACT #16-6564, COLLIER COUNTY SPACE PLANNING
SERVICES, AWARDED TO AECOM FOR PROFESSIONAL
FACILITIES MASTER PLANNING SERVICES — IN THE
AMOUNT OF $483,480.00 TO ASSESS THE CURRENT SPACE
UTILIZED BY COUNTY AGENCIES, PROJECT SPACE NEEDS,
AND RECOMMEND SUBSEQUENT SPACE ALLOCATION FOR
THE NEXT 45 YEARS (BUILD OUT PLAN)
Item #16E4
AN AMENDED AND RESTATED FIRST AMENDMENT TO A
GROUND LEASE AGREEMENT WITH CCATT LLC ON
BEHALF OF PARKS AND REC/PUBLIC SERVICES FOR A
COMMUNICATIONS TOWER AND A SHORT FORM TOWER
AGREEMENT — TO CHANGE THE NAME OF THE COMPANY
ON A PREVIOUSLY-APPROVED GROUND LEASE FOR
875 SQUARE FEET OF VACANT LAND WITH A 155 FOOT
COMMUNICATIONS MONOPOLE AT THE MAX HASSE, JR.
COMMUNITY PARK; THE WRONG NAME WAS ON THE
AMENDED LEASE AND THE TENANT HAS REQUESTED THE
REVISION TO INCLUDE THE CORRECT SUBSIDIARY NAME
Item #16E5
AMENDMENT #1 TO THE CITY OF NAPLES AIRPORT
AUTHORITY LEASEHOLD AGREEMENT LAND LEASE AT
THE NORTH QUADRANT LAND FILL SITE FOR A 5-YEAR
Page 132
May 24, 2016
EXTENSION OF THE NAPLES RECYCLING CENTER ON
BEHALF OF SOLID WASTE DIVISION — EXTENDS A LEASE
OF APPROXIMATELY 3.56 ACRES OF LAND ALONG THE
NORTH QUADRANT OF THE AIRPORT WITH A CURRENT
ANNUAL RENT OF $43,937.76 TO OCTOBER 18, 2021
Item #16E6
AMENDMENT #1 TO THE LEASE AGREEMENT WITH
HORSESHOE DRIVE DEVELOPMENT, L.C., FOR SPACE
UTILIZED BY THE GROWTH MANAGEMENT DIVISION —
REVISING THE COMMENCEMENT DATE ON THE LEASE
FROM FEBRUARY 1 TO MAY 1, 2016 DUE TO DELAYED
LANDLORD IMPROVEMENTS FOR THE SPACE THAT
ACCOMMODATES 36 EXPANDED POSITIONS IN THE
GROWTH MANAGEMENT DIVISION WITH AN ANNUAL
RENT OF $100,842
Item #16E7
RESOLUTION 2016-110: AUTHORIZING THE CANCELLATION
OF 2016 TAXES UPON A FEE-SIMPLE INTEREST IN LAND
COLLIER COUNTY ACQUIRED BY WARRANTY DEED FOR
CONSERVATION COLLIER WITHOUT MONETARY
COMPENSATION — A 1.14 ACRE PARCEL DONATED BY
RADIO RD, LLC, THAT WAS ACCEPTED BY THE BOARD ON
MARCH 8, 2016 (AGENDA ITEM #16D9)
Item #16E8
ACCEPTING A REPORT FOR THE SALE OF ITEMS AND
Page 133
May 24, 2016
DISBURSEMENT OF FUNDS ASSOCIATED WITH THE
COUNTY SURPLUS AUCTION HELD APRIL 16, 2016 — THE
AUCTION GENERATED $801,628.80 & $676.20 IN REVENUE
Item #16E9
RANKING OF FIRMS UNDER THE REQUEST FOR PROPOSAL
(RFP) #16-6597, "COLLIER COUNTY JAIL MASTER PLAN"
AND DIRECTING STAFF TO NEGOTIATE A CONTRACT
WITH TOP RANKED FIRM, AECOM TECHNICAL SERVICES,
INC. — CONTRACTED SERVICES INCLUDE AN ASSESSMENT
TO DETERMINE JAIL NEEDS FOR THE NEXT 20 YEARS
Item #16E10 — Added (Per Agenda Change Sheet)
EXTENDING CONTRACT #11-5606 WITH CENTURYLINK
THROUGH DECEMBER 12, 2016 "TELECOMMUNICATIONS
VOICE AND DATA SERVICES" — THE EXTENSION WILL
ALLOW STAFF AN OPPORTUNITY TO COMPLETE THE
COMPETITIVE SOLICITATION PROCESS FOR THE
CONTRACT; EXPENDITURES DURING THE 6-MONTH
EXTENSION ARE ESTIMATED AT $550,000
Item #16F1 — Continued to the June 14, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
#16-6644, IN THE AMOUNT OF $97,200, TO DEANGELO
BROTHERS, LLC D/B/A AQUAGENIX ("AQUAGENIX") FOR
"LAKE AERATION FOR PELICAN BAY" PROJECT #50108
Page 134
it
May 24, 2016
Item #16F2
RESOLUTION 2016-111 : APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY 2015-16 ADOPTED
BUDGET
Item #16F3
AWARDING INVITATION TO BID (ITB) #16-6612 IN THE
AMOUNT OF $105,290.34 TO SITEONE LANDSCAPE SUPPLY
FOR THE CALSENSE IRRIGATION CONTROL SYSTEM AND
SUPPLIES (PROJECT #51145) — TO IMPROVE AN IRRIGATION
SYSTEM USED WITHIN PELICAN BAY
Item #16F4
AFTER-THE-FACT APPROVAL FOR SUBMITTAL OF AN
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)
GRANT APPLICATION TO THE ECONOMIC DEPARTMENT
ADMINISTRATION (EDA) FOR THE IMMOKALEE CULINARY
AND AGRIBUSINESS ACCELERATOR IN THE AMOUNT OF A
$800,000 — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16G1
RESOLUTION 2016-112: OFFICIALLY NAMING THE COUNTY
OWNED AIRPORT NE OF MARCO ISLAND THE MARCO
ISLAND EXECUTIVE AIRPORT
Item #16G2
Page 135
May 24, 2016
SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $75,500
FOR THE DESIGN AND BID FOR REHABILITATION OF
TAXIWAY B AT IMMOKALEE REGIONAL AIRPORT — FUNDS
WOULD BE USED TO REHAB APPROXIMATELY 2,265 FEET
OF TAXIWAY B; THIS ITEM WILL BE BROUGHT BACK TO
THE BOARD FOR ACCEPTANCE IF A GRANT IS AWARDED
Item #16G3
SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $168,975
TO UPDATE THE AIRPORT LAYOUT PLAN AT IMMOKALEE
REGIONAL AIRPORT — THIS ITEM WILL BE BROUGHT BACK
FOR THE BOARD'S ACCEPTANCE IF A GRANT IS AWARDED
Item #16G4
RESOLUTION 2016-113: AUTHORIZING EXECUTION OF
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT #1
(JPA) TO CONTRACT NO. G0576 WITH FLORIDA
DEPARTMENT OF TRANSPORTATION TO PROVIDE
ADDITIONAL FUNDING IN THE AMOUNT OF $11,200, AND
EXTEND A CONTRACT 6-MONTHS TO DECEMBER 31, 2016,
FOR A FUEL TRUCK FOR IMMOKALEE REGIONAL AIRPORT
AND AUTHORIZE NECESSARY BUDGET AMENDMENTS
(PROJECT NO. 33451)
Item #16H1
Page 136
May 24, 2016
RESOLUTION 2016-114: APPOINTING COMMISSIONER
FIALA AND COMMISSIONER TAYLOR REGULAR MEMBERS
AND COMMISSIONER HENNING, COMMISSIONER HILLER
AND COMMISSIONER NANCE ALTERNATE MEMBERS TO
THE VALUE ADJUSTMENT BOARD
Item #16H2
RESOLUTION 2016-115: REAPPOINTING MARCO ISLAND
REPRESENTATIVE DEBBIE RODDY AND APPOINTING CITY
OF NAPLES REPRESENTATIVE VICE-MAYOR LINDA
PENNIMAN TO THE COASTAL ADVISORY COMMITTEE TO
TERMS THAT WILL EXPIRE MAY 22, 2020
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED —
Page 137
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
May 24, 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 03/14/2016
Meeting Minutes 03/14/2016
C. OTHER:
May 24, 2016
Item #16J1
CHAIRMAN TO SIGN AN AGREEMENT THAT PROVIDES
COLLIER COUNTY SHERIFF'S OFFICE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN NAPLES
BATH & TENNIS CLUB COMMONS AREA, INC.
Item #16J2 — Language added: The Board makes a finding that
expenditures contained in this report serve a valid
public purpose and authorizes the Clerk to make the
disbursements (Per Agenda Change Sheet)
RECORDING 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 PERIOD BETWEEN APRIL 28 AND MAY 11, 2016
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3 — Continued Indefinitely (Per Agenda Change Sheet)
TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR
THE PERIOD ENDING MAY 18, 2016 PURSUANT TO THE
BOARD'S REQUEST
Item #16K1
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST JAMES JOHNSON IN THE COUNTY COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
Page 138
May 24, 2016
COUNTY, FLORIDA, TO RECOVER DAMAGES INCURRED BY
THE COUNTY FOR THE REPAIR OF A LIGHT POLE IN THE
AMOUNT OF $7,209.64, PLUS COSTS OF LITIGATION—
SURROUNDING AN ACCIDENT ON BAYSHORE DRIVE
MARCH 28, 2015 THAT CAUSED A VEHICLE COLLISION
WITH A COUNTY-OWNED LIGHT POLE
Item #16K2
APPLICATION FOR TAX DEEDS FOR FOUR (4) COUNTY-
HELD 2012-2013 TAX CERTIFICATES AND FORWARDING A
WRITTEN NOTICE TO THE TAX COLLECTOR TO PROCEED
WITH THE APPLICATIONS — APPLICATION COSTS WILL BE
APPROXIMATELY $2,645.20 AND ASSESSMENTS ON THE
PROPERTIES RANGE FROM $350.00 TO $1,078,010.00 WITH
UNPAID TAXES THAT RANGE FROM $5.07 TO $135,021 .59
Item #16K3
CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT IN
THE LAWSUIT STYLED TRACY FULLER V. COLLIER COUNTY
(CASE NO. 15-CA-000515), NOW PENDING IN THE CIRCUIT
COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA — IN THE AMOUNT OF
$9,500 SURROUNDING A TRIP AND FALL INCIDENT THAT
OCCURRED NOVEMBER 15, 2013 IN VINEYARDS
COMMUNITY PARK WHEN THE PLAINTIFF TRIPPED AND
FELL ON A BROKEN PIECE OF ASPHALT ON A COUNTY
MAINTAINED WALKWAY
Item #16K4
Page 139
May 24, 2016
A SETTLEMENT WITH PINEGATE 135, LLC IN THE AMOUNT
OF $35,000 FOR ALL ATTORNEY AND EXPERT FEES FOR
THE TAKING OF PARCELS 150FEE, 150SE AND 150TCE IN
THE CASE STYLED COLLIER COUNTY V. LDJASSOCIATES,
LLC, ETAL., CASE NO. 13-CA-1238 REQUIRED AS PART OF
COLLIER BOULEVARD FROM GREEN BOULEVARD TO
GOLDEN GATE BOULEVARD WIDENING PROJECT NO.
68056. (FISCAL IMPACT: $35,000)
Item #17A
ORDINANCE 2016-15: ADOPTING THE DAVIS — RADIO
COMMERCIAL SUBDISTRICT SMALL-SCALE AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, AND TRANSMITTAL
TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
(ADOPTION HEARING) (PL20150002541/CPS S-2015-4)
[COMPANION TO REZONE PETITION: PL20140002642]
Item #17B
ORDINANCE 2016-16: AMENDING ORDINANCE 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, BY AMENDING APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE COMMERCIAL INTERMEDIATE
DISTRICT (C-3) ZONING DISTRICT TO THE GENERAL
Page 140
May 24, 2016
COMMERCIAL DISTRICT (C-4) ZONING DISTRICT FOR A
PROJECT KNOWN AS THE DAVIS-RADIO REZONE LOCATED
ON THE SOUTH SIDE OF RADIO ROAD, 650 FEET WEST OF
THE DAVIS BOULEVARD/RADIO ROAD INTERSECTION IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 4.81± ACRES;
AND PROVIDING AN EFFECTIVE DATE [RZ-PL20140002642]
(COMPANION PL20150002541/CPSS-2015-4)
Item #17C
THIS ITEM CONTINUED TO THE JUNE 14, 2016 BCC
MEETING. RECOMMENDATION TO APPROVE A
RESOLUTION DESIGNATING THE CLOSE-OUT OF THE
ADOPTED TWELVE LAKES PLANNED UNIT DEVELOPMENT
(PUD) WHICH HAS COMPLETED ALL OR A PORTION OF ITS
DEVELOPMENT AND HAS CONSTRUCTED UP TO THE
AUTHORIZED DENSITY AND/OR INTENSITY, AND HAS
BEEN FOUND BY COUNTY STAFF TO HAVE ONLY ONE
RELEVANT TRANSPORTATION COMMITMENT REMAINING
Item #17D
RESOLUTION 2016-116: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FY 2015-16 ADOPTED
BUDGET
*****
Page 141
May 24, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:40 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
4-m40 le.e&
DONNA FIALA, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
%VP
460 -
-' Attest as to Chairman's
signature ori-
These minutes approved by the Board on 1,412.0((0 , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 142