BCC Minutes 06/14/2016 R BCC
REGULAR
MEETING
MINUTES
June 14, 2016
June 14, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 14, 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
Tim Nance
Tom Henning
Penny Taylor
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Nick Casalanguida, Deputy County Manager
Crystal Kinzel, Finance Director .
Troy Miller, Manager, Television Operations
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
/14
r ,=.
rii Ns •
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
June 14, 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."
Page 1
June 14, 2016
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. May 10, 2016 - BCC/Regular Meeting Minutes
C. May 24, 2016 - BCC/Regular Meeting Minutes
Page 2
June 14, 2016
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating June 14-20 as "Literacy Volunteers of Collier
County Appreciation Week," in recognition of the hundreds of volunteers
who have served non-English speaking students and families for over 32
years. To be accepted by representatives of Literacy Volunteers of Collier
County - Janet Saltarelli, President and William Nichols, Vice President.
B. Proclamation declaring Tuesday, June 14, 2016, as Vin DePasquale and
Great Dock Canoe Race Day in Collier County in recognition of Mr.
DePasquale's commitment to the community and our children through the
Great Dock Canoe Race. To be accepted by Vin DePasquale, Caroline
Martino, Dee Brown, Debbie DePasquale and Jim Scott.
5. PRESENTATIONS
A. Presentation honoring Vietnam Veterans during the National
commemoration of the 50th Anniversary of the Vietnam War and express
our gratitude for their service, valor and sacrifice. The proclamation
approved on May 24, 2016 will be read by Chairman Fiala.
B. Presentation of the Collier County Business of the Month for June 2016
to Lighthouse of Collier, Inc. To be accepted by Robin Goldstone Garcia,
Executive Director, Lighthouse of Collier, Inc., Kristi Bartlett, Vice
President, Economic Development, the Greater Naples Chamber of
Commerce, and Lighthouse of Collier, Inc. members Robin Goldstone
Garcia, Art Bookbinder, Sue Bookbinder, Kathleen Peck, Rick Hart, Rich
Mancini, Bill Mercer, Sue Wild and David Weigel.
C. Presentation recognizing Naples BMX and their recent victories in the
Sunshine State BMX Association competition. In attendance today are
members of Naples BMX.
D. Presentation to recognize Christine Baker, Paramedic II, EMS as Employee
of the Month May 2016.
E. Presentation of Distinguished Budget Presentation Award for Fiscal Year
Page 3
June 14, 2016
2016 from the Government Finance Officers Association (GFOA) presented
to the Office of Management and Budget. To be accepted by Mark
Isackson, Corporate Financial Planning and Management Services Director.
F. US Open Pickleball 2016 event recap and presentation of participant survey
results, followed by a short question and answer session. Presented by Terri
Graham, President, Spirit Promotions; Chris Evon, Executive Director,
Spirit Promotions; and Jim Lugwig, Event Director, US Open Pickleball.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the Collier County Housing Plan Project and
Stakeholder Charter, and approve a Resolution establishing a time limited ad
hoc Stakeholder committee to report to the Affordable Housing Advisory
Committee, and authorize the Chair to send a letter of invitation to each
Stakeholder entity to participate in the process of the Housing Plan
Development. (Kim Grant, Community and Human Services Division
Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
Page 4
June 14, 2016
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
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel No.
375RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. (Project No.
60145) Estimated Fiscal Impact: $127.
2) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Copper Cove
Preserve Unit 3, PL20130000307, and authorize the County Manager,
or his designee, to release the Final Obligation Bond in the total
amount of$4,000 to the Project Engineer or Developer's designated
agent.
3) Recommendation to approve final acceptance of water and sewer
facilities for Riverstone Recreation Center, PL20140000673, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of$8,848.38 to the Project Engineer or Developer's
designated agent.
4) Recommendation to approve an agreement for the purchase of a "fee"
estate (Parcel 102FEE) in land necessary for the construction of
Page 5
June 14, 2016
roadway and related improvements required at the intersection of
Airport-Pulling Road and Davis Boulevard. (Project No. 60148.)
Estimated Fiscal Impact: $130,150.
5) Recommendation to approve a Right-of-Way Easement Use
Agreement to allow the owner of Lot 16, Block B, Rock Harbor to
install an approximately 18-foot long fence within the Harbor Road
right-of-way, at the eastern terminus of the road adjacent to the
property.
6) Recommendation to authorize a budget amendment to recognize
revenue and transfer funding for projects within Transportation
Capital Fund (313) in the amount of$30,072, Project No. 60172.
7) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Riverstone Plat
Five, PL20140000672, and authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or Developer's designated agent.
8) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Riverstone Plat
Six, Parcel D2, PL20140001685, 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 Developer's
designated agent.
9) 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 Maple Ridge Reserve at
Ave Maria, Application Number PL20160000793.
10) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of plat
dedications, for the final plat of Firano at Naples, AR-8087 and
authorize the release of the maintenance security.
11) Recommendation to grant final approval of the roadway and drainage
Page 6
June 14, 2016
improvements for the final plat of Creekside Commerce Park East
Application Number AR-8411, authorizing the release of the
maintenance security, acceptance of maintenance responsibility for
Tracts 4A and 4B, and acceptance of the plat dedications.
12) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Phase 5
Application Number PL20120001514 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
13) 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 Residences at Mercato
Replat One, Application Number PL20160000616.
14) Recommendation to approve recording the final plat of Oyster Harbor
at Fiddler's Creek Phase 2, (Application Number PL20160000543)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
15) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the east end of Mainsail Drive right-of-
way, being a part of Marco Shores Unit One, Plat Book 14, page 33 of
the Public Records of Collier County, Florida, located in Section 26,
Township 51 South, Range 26 East, Collier County, Florida. (VAC-
PL20160000379)
16) Recommendation to approve an agreement between the Royal
Poinciana Golf Club, Inc., Collier County, and the City of Naples
concerning the installation and maintenance of landscape
improvements within the median of a portion of Solana Road.
17) Recommendation to award Contract #15-6418 for Construction
Engineering and Inspection (CEI) and Related Services for
"Vanderbilt Drive Bridge Replacements Project" to AECOM
Technical Services, Inc., in the amount of$800,675.45, Project No.
66066.11
Page 7
June 14, 2016
18) Recommendation to authorize a budget amendment in the amount of
$38,211, Project #60109 for Fiscal Year 16 TIGER grant application
submittal.
19) Recommendation to authorize a budget amendment in the amount of
$36,711, Project #60118 for FY16 TIGER grant application submittal.
20) Recommendation to provide after-the-fact approval for the 2016
TIGER VIII Discretionary Grant application, sponsored by the United
States Department of Transportation, for the Immokalee Complete
Streets - Growing Connections to Create Mobility Opportunities
Project, in the amount of$13,117,240.
21) Recommendation to provide after-the-fact approval for the 2016
TIGER VIII Discretionary Grant application, sponsored by the United
States Department of Transportation, for the Collier Boulevard
Corridor Strengthening Project, in the amount of$33,400,000.
22) Recommendation to provide after-the-fact approval for the 2016
TIGER VIII Discretionary Grant application, sponsored by the United
States Department of Transportation, for the Golden Gate Estates
Mobility Catalyst Project, in the amount of$19,710,000.
23) Recommendation to approve, after-the-fact, submittal of a project
proposal to the Florida Department of Transportation for the Small
County Outreach Program for a total funding request of$691,719.
24) Recommendation to seek Board approval for the submission of the
County Incentive Grant Program (CIGP) Application with the Florida
Department of Transportation to fund design and construction of the
widening of Airport-Pulling Road from Vanderbilt Beach Road to
Immokalee Road.
25) Recommendation to approve Agreement No. 16-6655NS, Freedom
Park Wetlands Study, between Florida Gulf Coast University (FGCU)
and Collier County in the amount of$54,403 for a 2-year study of
Freedom Park (A/K/A Gordon River Water Quality Park), Project
Number 60102.
Page 8
June 14, 2016
26) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$5,000 to Nova Homes of South Florida, Inc.,
which was posted as a guaranty for Test Pilings prior to issuance of a
building permit. (PBRD20150620218)
27) Recommendation to approve the ranked list of design professionals
pursuant to RFP No. 16-6629, "2016 Beach Renourishment," and
authorize staff to negotiate a contract with the top ranked firm CB&I
Environmental & Infrastructure, Inc. for subsequent Board approval,
or, if contract negotiations are not successful with CB&I
Environmental & Infrastructure, Inc., then to authorize staff to
commence contract negotiations with the second ranked proposer,
Environmental Science Associates, and make a finding that this item
promotes tourism.
28) Recommendation to provide after-the-fact approval for the submittal
of a 2017-18 Cooperative Funding Grant application sponsored by the
South Florida Water Management District (SFWMD) in the amount
of$250,000 for the Griffin Road Area Stormwater Project. (Project
No. 60196)
29) Recommendation to provide after-the-fact approval for submittal of a
2017-18 Cooperative Funding Grant application sponsored by South
Florida Water Management District (SFWMD) in the amount of
$248,700 for the Lely Branch Canal Water Control Structure Project.
30) Recommendation to approve a Local Area Program (LAP) Agreement
with Florida Department of Transportation (FDOT) in which Collier
County would receive reimbursement up to the amount of$226,000
for the purchase of Adaptive Traffic Control System equipment; to
execute a Resolution memorializing the Board's action, and to
authorize all necessary budget amendments. (Project No. 33475).
31) Recommendation to approve the donation of approximately 13,000
cubic yards (CY's) of sand from the Collier County School Board over
the next five (5) years to be used as needed within Collier County.
32) Recommendation to approve the release of a code enforcement lien
with an accrued value of$44,680.57 for payment of$4,468.06, in the
Page 9
June 14, 2016
code enforcement action entitled Board of County Commissioners v.
Gregory Lynn Thompson and Misty Lou Thompson, Code
Enforcement Board Case No. CESD20120012127 relating to property
located at 181 23rd Street SW, Collier County, Florida.
33) Recommendation to approve the release of a code enforcement lien
with an accrued value of$103,229.20 for payment of$1,500, in the
code enforcement action entitled Board of County Commissioners v.
O'Ryan L. Atkinson, Code Enforcement Special Magistrate Case No.
CEPM20130014959, relating to property located at 1069 Highlands
Drive, Collier County, Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to authorize refunds to property owners of forty-
eight (48) properties located in Middlebrook Townhouses in Ave
Maria and recover the funds from the franchised contractor pertaining
to the annual Solid Waste Collection and Disposal Services Special
Assessment for the collection, disposal, and administration of
municipal solid waste, Ordinance No. 2005-54.
2) Recommendation to award Contract #15-6374R to Guardian Fueling
Technologies, Southern Tank and Pump Company, and Adams Tank
and Lift for the maintenance, repair and testing of Collier County-
owned or operated storage tanks.
3) Recommendation to approve a $268,600 work order to Quality
Enterprises USA, Inc., under Request for Quotation #14-6213-61, for
the SRO Wellfield Improvements, Project Number 70030.
4) Recommendation to award Request for Quotation #14-6213-52,
"Goodland Drive Water Main Replacement," Project Number 71010,
to Quality Enterprises USA, Inc., in the amount of$612,305.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the FY2016/17 Transportation
Page 10
June 14, 2016
Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the
Florida Commission for the Transportation Disadvantaged (CTD) in
the amount of$824,464 with a local match of$91,607; authorize the
Chairman to execute the Agreement and supporting Resolution; and,
authorize the required budget amendments.
2) Recommendation to approve a Resolution authorizing submittal of
Federal Transit Administration Section 5310 FY2015/2016 grant
application and applicable documents to the Florida Department of
Transportation. (Total anticipated fiscal impact: $571,947 with a
Federal share of$457,557.60, State share of$57,194.70 and local
match of$57,194.70) and authorize the County Manager or designee
to approve any equipment substitutions up to the budget availability.
3) Recommendation to approve the fifth substantial amendment to the
NSP 1 Action Plan to replace recapture provisions with resale
provisions for Collier County sold properties.
4) Recommendation to approve and authorize the Chairman to execute
the Student School Year Agreement with the District School Board of
Collier County for transportation services for County recreation
program participants. (Fiscal Impact: Approximately $50,000)
5) Recommendation to approve First Amendment to the Subrecipient
Agreement with the Boys & Girls Club of Collier County, Florida,
Inc. to revise the National Objective from Low Moderate Area to Low
Moderate Clients in order to report the beneficiaries to HUD. There is
no net fiscal impact.
6) Recommendation to approve and authorize the Chairman to execute
Change Order Number One to Wright Construction Corporation to
upgrade the proposed Pickleball Courts surface at Veterans
Community Park and authorize necessary budget amendments. (Fiscal
Impact: $36,832.85)
7) Recommendation to recognize interest earnings from State Aid to
Libraries Grants and approve a budget amendment in the amount of
$370.83.
Page 11
June 14,2016
8) Recommendation to approve the electronic submittal of a funding
assistance proposal to the Florida Fish and Wildlife Conservation
Commission's Invasive Plant Management Section for contractor
services to treat invasive exotic vegetation within Gordon River
Greenway Park.
9) Recommendation to approve the electronic submittal of a funding
assistance proposal to the Florida Fish and Wildlife Conservation
Commission's Invasive Plant Management Section for contractor
services to treat invasive exotic vegetation within Conservation
Collier's Shell Island Preserve.
10) Recommendation to approve the electronic submittal of a funding
assistance proposal to the Florida Fish and Wildlife Conservation
Commission's Invasive Plant Management Section for contractor
services to treat invasive exotic vegetation within Conservation
Collier's Pepper Ranch Preserve - SSA 7.
11) Recommendation to accept year two of the Retired and Senior
Volunteer Program grant award in the amount of$54,522 for the
operation of the Retired and Senior Volunteer Program from the
Corporation for National and Community Service.
12) Recommendation to adopt a Resolution superseding Resolution No.
2014-29 amending the Collier County Domestic Animal Services Fee
Policy to conform with recommendations made in Maddie's® Shelter
Medicine Program at the University of Florida Shelter Consultation
Report.
13) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services for the period June 1 through
December 31, 2015 in accordance with a process established by
Resolution No. 2014-29.
14) Recommendation to approve the Memorandum of Understanding with
Animal Compassion Project and For the Love of Cats to coordinate a
community-based Trap-Neuter-Return Program for feral cats.
15) Recommendation to reallocate tourist development funds in the
Page 12
June 14,2016
amount of$310,000 from Category "A" beaches to Category "D"
fishing piers to replace the Ann Olesky Fishing Pier, with a
supermajority vote of the Board, and to make the finding that the
project promotes tourism.
16) Recommendation to approve First Amendment to the subrecipient
agreement between The Shelter for Abused Women and Children, Inc.
and Collier County to commit the balance of$36.40 to achieve the
60% mandatory allocation for shelter operations.
17) Recommendation to execute a Joint Participation Agreement between
Collier County and Florida Department of Transportation to accept
Federal Transit Administration Section 5339 Bus and Bus Facilities
funds in the amount of$263,000 for necessary improvements to bus
stops in the rural area in accordance with the Americans with
Disabilities Act; approve a resolution authorizing the Chairperson to
sign the agreement; and authorize the necessary budget amendments.
18) Recommendation to approve an after-the-fact grant application for a
2-year U.S. Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance - Grant with Victims Advocacy Organizations
involvement from David Lawrence Center, NAMI of Collier County
and the Sheriff's Office that will expand and enhance the county-wide
Crisis Intervention Team Program for law enforcement officers.
(Fiscal Impact: $200,000 over 2-years)
19) Recommendation to adopt a resolution approving the expenditure of
funds for activities and incentive prizes associated with the
forthcoming United Way of Collier County Campaign and authorizing
the waiver of entrance fees to Sun-N-Fun Lagoon to all participants in
the upcoming United Way Walk and Run on the day of both events.
20) Recommendation to approve a request to pursue additional
enhancements at East Naples Community Park in order to support the
US Open Pickleball Tournament April 2017 in the amount of$30,000.
21) Recommendation to pledge matching funds in the amount of$13,000
to Good Wheels, Inc. in the event of their successful award of the
Mobility Enhancement Grant by the Florida Commission of the
Page 13
June 14, 2016
Transportation Disadvantaged (CTD).
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to recognize accrued interest earned by EMS
County Grant revenue and appropriate funds for a total amount of
$104.87.
2) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Pelican Engineering Consultants, LLC
("Pelican") to Pelican Engineering Associates, Inc. ("PEAI") as it
relates to Contract #13-6164 "Professional Services: Architect and
Engineering" for the following discipline: Electrical Study, Planning
and/or Design (EL).
3) Recommendation to consider certain affiliations of Public Safety
Authority members with other groups and determine these affiliations
do not present a conflict as set forth in the Public Safety Authority
Ordinance.
4) Recommendation to award RFP #16-6618, "Annual Contract for
General Contractor Services" to the following six firms: Surety
Construction Company, Bradanna, Inc., Compass Construction, Inc.,
William J. Varian Construction Company, Inc., Chris Tel, and EBL
Construction.
5) Recommendation that the Board approves the extension of Contracts
#13-6062 and #13-6062S, "Annual Contract for Landscape
Maintenance Vendors" through December 27, 2016 or sooner as a
new contract is awarded by the Board.
6) Recommendation to award ITB #16-6555 — Grounds Maintenance —
Facilities Management Division, to Hannula Landscaping &
Irrigation, Inc., and for the Board to approve Agreement #16-6555
with Hannula Landscaping & Irrigation, Inc.
7) Recommendation to approve a budget amendment in the amount of
$104,649 to allow for continuous operation of the Emergency
Management Division in anticipation of the receipt of an annual
Page 14
June 14, 2016
Emergency Management Performance Grant (EMPG) from the
Florida Division of Emergency Management and, upon receipt of the
grant, authorize the Chairman to sign the State EMPG Federal Grant
#17-FG -09-21-01-085.
8) Recommendation to approve a budget amendment in the amount of
$105,806 to allow for continuous operation of the Emergency
Management Division in anticipation of the receipt of an annual
Emergency Management Performance Assistance (EMPA) grant from
the Florida Division of Emergency Management and, upon receipt of
the grant, authorize the Chairwoman to sign the State EMPA Grant
#17-BG-83-09-21-01-018.
9) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for modifications to work orders,
change orders, surplus property and other items as identified.
10) Recommendation to approve Amendment #1 to Agreement #12-5831
for Unemployment Cost Management Services to TALX Corporation
in an estimated amount of$2,400, and affirm the Procurement
Director's execution of this amendment.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the Letter of Agreement (LOA) between
Southwest Heritage, Inc. and Collier County for leasehold
improvements to a railroad car at Naples Depot to house the Greater
Naples Chamber of Commerce Visitor Information Center and make a
finding that the project expenditure promotes tourism.
2) Recommendation to approve Tourist Development Tax Category "B"
funding to support three upcoming FY 16 Sports Events up to $17,200
and make a finding that these expenditures promote tourism.
3) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
4) Recommendation to adopt a resolution approving amendments
Page 15
June 14, 2016
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
5) Recommendation to reject contractor bids for Invitation to Bid (ITB)
#16-6644, Lake Aeration for Pelican Bay.
G. AIRPORT AUTHORITY
1) Recommendation to approve submittal of a grant application to the
Federal Aviation Administration in the estimated amount of$514,975
for design, permitting, and bid of the aircraft apron expansion and
terminal demolition piece of the terminal relocation project at the
Marco Island Executive Airport. The estimated design cost for the
entire project is $1,197,475, including an estimated $682,500 not
eligible for FAA funding.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint three members to the Contractors
Licensing Board.
2) Recommendation to appoint a member to the Health Facilities
Authority.
3) Recommendation to appoint a member to the Bayshore Beautification
Advisory Committee.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2016-4 Job Creation Investment
Program: Arthrex, Inc., and Arthrex Manufacturing, Inc., issued on
June 8, 2016.
2) To record in the minutes of the Board of County Commissioners, the
Page 16
June 14, 2016
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
period between May 12 to June 1, 2016 pursuant to Florida
Statute136.06.
3) To provide to the Board a "Payables Report" as of June 8, 2016
pursuant to the Board's request.
K. COUNTY ATTORNEY
1) Recommendation to authorize an increase to the purchase order for
Nabors, Giblin & Nickerson, P.A. ("Nabors Giblin") relating to legal
services in the case of Collier County v. Orange Tree Utility Co., et
al, Case No. 2014-CA-001434 and all work related to concluding the
acquisition and integration of the Orange Tree Utility Company into
the Collier County Water-Sewer District.
2) Recommendation to reject an Offer of Judgment in the amount of
$121,000, inclusive of attorney's fees and expert fees, for the taking
of Parcel 141 RDUE required for the widening of Golden Gate
Boulevard, Project No. 60040.
3) Recommendation to approve a pre-suit mediated settlement agreement
and authorize the Chair to execute a Settlement Agreement with
Affordable Landscaping Service & Design, LLC. and Albert
Benarroch.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
Page 17
June 14,2016
A. This item continued from the May 24, 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.
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 approve an Ordinance
amending Ordinance 2001-09, as amended, the Pine Ridge Center West
Planned Unit Development, by removing the 2 story height limit on the
parking structures while retaining the height limit of 30 actual feet; by
removing the 4 story height limitation for principal structures in all
Commercial Areas; by increasing the maximum height of principal
structures in all commercial areas from 50 to 58 feet, and providing an
effective date. The subject property, consisting of 8.87+/- acres, is located
south of Pine Ridge Road and east of Livingston Road in Section 18,
Township 49 South, Range 26 East, Collier County, Florida. [PUDA-
PL20160000132]
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in.Recommendation to approve Petition VAC-
PL20160000343, to disclaim, renounce and vacate County and public
interest in a portion of the 30-foot wide County Utility Easement (C.U.E.),
and the private interest in a portion of the 5-foot wide Utility Easement
(U.E.) located in Lot 1, Block C of Boca Palms of Naples as recorded in Plat
Book 16, Page 67 of the public records of Collier County, Florida, located in
Section 25, Township 48 South, Range 25 East, Collier County, Florida.
D. Recommendation to accept the "2016 Indexing Calculations" report,
prepared by Tindale-Oliver and Associates, in accordance with the adopted
indexing methodology, and to adopt an Ordinance amending Chapter 74 of
the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, amending the Road Impact Fee
rate schedule, which is Schedule One of Appendix A, and the Correctional
Facilities Impact Fee rate schedule, which is Schedule Four of Appendix A,
Page 18
June 14, 2016
and providing for an effective date of September 12, 2016, in accordance
with the 90-day notice requirements set forth in Section 163.31801(3)(d),
Florida Statutes and to allow for impact fee deferral requests to be filed after
the building permit was received for those permits issued between June 23,
2015 and June 23, 2016.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
F. Recommendation to (1) amend Ordinance No. 2013-69, as amended, the
Collier County Purchasing Ordinance, by adding a new sub-section
establishing a vendor payment dispute resolution process in accordance with
the Local Government Prompt Payment Act, to be conducted by an impartial
Prompt Payment Hearing Examiner; and (2) authorize the establishment of
the Collier County Prompt Payment Procedure process for the conduct of
hearings before the Prompt Payment Hearing Examiner.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 19
June 14, 2016
June 14, 2016
MR. OCHS: Madam Chair, you have a live mic.
CHAIRMAN FIALA: Thank you.
Good morning, everybody. Thank you so much for being here
with us today. We appreciate it. It's so nice to see young faces here,
isn't it? Yeah, welcome.
COMMISSIONER TAYLOR: Present company excepted, right?
CHAIRMAN FIALA: Young faces and Penny.
As we -- these are all students from which school? Just different
schools, right? Yeah.
COMMISSIONER NANCE: Don't everybody speak at once.
COMMISSIONER TAYLOR: What schools?
UNIDENTIFIED SPEAKER: We are from Golden Gate High
School.
UNIDENTIFIED SPEAKER: I'm from Barron Collier.
UNIDENTIFIED SPEAKER: Palmetto Ridge.
CHAIRMAN FIALA: Okay. Okay. Thank you very much.
Lely (sic), Barron Collier and --
COMMISSIONER TAYLOR: Palmetto Ridge.
CHAIRMAN FIALA: Thank you for being here with us. We
have some pickleballers here, too.
COMMISSIONER HILLER: And we have BMX'ers here.
CHAIRMAN FIALA: Where is EMS?
COMMISSIONER HILLER: BMX.
COMMISSIONER TAYLOR: BMX.
COMMISSIONER HILLER: BMX, raise your hand. We're
bringing all, like, the best of the best.
CHAIRMAN FIALA: Ah, that is great, right? Including you,
right?
COMMISSIONER HILLER: And you.
CHAIRMAN FIALA: Yes.
COMMISSIONER TAYLOR: Madam Chair, one thing, just
Page 2
June 14, 2016
because we know that's your district, Lely, but it's really Golden Gate
that's represented, not Lely here.
COMMISSIONER HILLER: Why?
CHAIRMAN FIALA: Oh, it is?
COMMISSIONER TAYLOR: Yeah, it's Golden Gate, not Lely.
CHAIRMAN FIALA: You live in Golden Gate but you come to
Lely; is that it?
COMMISSIONER TAYLOR: No, they go to Golden Gate.
They're Golden Gate students.
CHAIRMAN FIALA: Oh, I see, but they live in Lely, okay. All
right. Well, welcome, welcome, everybody. We're so happy to hear
you. Here's some more young people coming with us today.
And with that, I won't belabor this anymore. I would ask you all,
please, to stand, and our reverend will say a prayer for us. Thank you.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION
GIVEN BY REVEREND BEVERLY DUNCAN, NAPLES UNITED
CHURCH OF CHRIST
REVEREND DUNCAN: Good morning. Let us pray.
Holy one, we ask your blessing on these commissioners today and
on everyone here. The commissioners' responsibilities, excuse me, are
great, and many depend on the debates and decisions that happen here.
In a week that has begun in grief, may they strive to weave peace
into their words and deeds so anger and hatred are disarmed.
And you, holy one, weave love into their work so
accomplishments are imbued with humility. Weave kindness into their
actions so the world can once again become a joyous place to live.
Weave hope into every encounter so that they can be counted as people
Page 3
June 14, 2016
of faith. And when this meeting is done, may all go in peace.
May we now observe a moment of silence for those lives lost in
Orlando and for the families, friends, and loved ones of those so
brutally murdered.
Amen.
CHAIRMAN FIALA: Thank you very much. I was going to ask
you myself to have a moment of silence for the families of people in
Orlando. I'm so glad the minister said it. She said it far better than I
could.
With that, I ask you all to put your hands over your heart and say
with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. County Manager?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Good morning, Madam Chairman, members of the
Board. These are the proposed agenda changes for the Board of
County Commissioners' meeting of June 14, 2016.
The first proposed change is to add Item 10A to today's agenda
under Board of County Commissioners. This is the recommendation
to consider a proposal from the Marco Island City Council related to
County Road 92A, Goodland Road. That's made at Commissioner
Fiala's request.
The next proposed change is to continue Item 16E4 from the
consent agenda. This is an annual contract award for general contractor
Page 4
June 14, 2016
services. That continuance is to the next meeting of June 28, 2016.
That request comes from Commissioner Taylor.
Commissioners, I would also ask you to include in that change a
continuation of the current annual contract for those services until the
next meeting since it is due to expire in between this meeting and the
next. And I've confirmed that with Commissioner Taylor. She's fine
with that.
COMMISSIONER TAYLOR: Yes, of course.
MR. OCHS: Thank you.
The next proposed change is to move Item 16I1 to become 13J on
the agenda. That change is made at Commissioner Nance's request.
The next proposed change is to move Item 16J2 from the consent
agenda to the regular agenda. That is made also by Commissioner
Nance.
And the final proposed change is to move Item 16J3 to become
Item 13C on the regular agenda. That request is from Commissioner
Nance.
We have two agenda notes this morning, Commissioners. The
first relates to Item 16A5 on your consent agenda. We're simply
removing the requirement for ex parte disclosure on that item. It is not
required.
And the next agenda note relates to Item 16D14. This is a
memorandum of understanding between the Board and a non-profit
group that is promoting a catch, treat, and release program for feral
cats. We wanted to make the clarification that County Manager or his
designee is the responsible agent that will manage the contract on
behalf of the Board of County Commissioners. That clarification is
made at Commissioner Henning's request. Sir, I believe that captures
your intent?
COMMISSIONER HENNING: Yes, it does.
MR. OCHS: Okay. And those are all the changes I have.
Page 5
June 14, 2016
Just a couple reminders. We have a court reporter break, if
needed, at 10:30, public comment on general topics not on the current
or future agenda will be heard no sooner than 1 p.m. or at the
conclusion of the agenda, whichever occurs first.
And that's all the changes I have today, Madam Chair.
CHAIRMAN FIALA: Thank you, County Manager.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay. That's simple.
We'll start with Commissioner Henning this morning. Do you
have any changes or additions?
COMMISSIONER HENNING: Good morning. No, no further
changes or ex parte communication on today's agenda.
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: The same.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing under ex parte; nothing
-- no disclosures. Also, just as a note, in the -- when we approve the
consent agenda, on 16A15, which is the vacation of a portion of the
east end of Mainsail Drive right-of-way, just note that there -- this --
there is some concern that this is part of the Deltona settlement, so
there's memorandums and other entities to contact during this process,
and I just wanted to put it on the record.
CHAIRMAN FIALA: Yeah. I think it said in our backup that
they're already working with them on that.
COMMISSIONER TAYLOR: Okay, good. Thank you.
CHAIRMAN FIALA: Thank you.
COMMISSIONER TAYLOR: And that's all.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: No further changes. No ex parte
Page 6
June 14, 2016
communication on the regular and consent agenda. On Item 17B, the
Pine Ridge Center West PUD, I've read the staff report and had
meetings with staff.
CHAIRMAN FIALA: Thank you very much.
And for myself, I have no changes; no additions to the agenda.
On 16A9, I just -- I just talked with staff a little bit about that.
That's about all. And also, on 17B I had a staff report, but there's
nothing else to declare on that.
So with that, I ask for a motion, please.
COMMISSIONER HENNING: Move to approve as amended.
COMMISSIONER HILLER: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. I have 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, like sign.
(No response.)
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
June 14,2016
Add On Item 10A: Recommendation to consider a proposal from the Marco Island City Council to
return County Road 92A(Goodland Road)to Collier County's jurisdiction and authorize the County
Manager to further explore this option with the Marco Island City Manager. (Commissioner Fiala's request)
Continue Item 16E4 to the June 28,2016 BCC Meeting: Recommendation to award Request for Proposal
#16-6618, "Annual Contract for General Contractor Services"to the following six firms: Surety Construction
Company,Bradanna,Inc.,Compass Construction, Inc.,William J.Varian Construction Company,Inc.,
Chris Tel,and EBL Construction. (Commissioner Taylor's request)
Move Item 1611 to Item 13A: Miscellaneous Correspondence. (Commissioner Nance's request)
Move Item 16J2 to Item 13B: 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 May 12 to June 1,2016 pursuant to Florida Statute 136.06.
(Commissioner Nance's request)
Move Item 16J3 to Item 13C: To provide to the Board a"Payables Report" as of June 8,2016 pursuant to
the Board's request. (Commissioner Nance's request)
Note:
Item 16A5 does not require Ex Parte Disclosure: ' • • - • • • • • • • • • • • • • •
Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of Lot 16,Block B,
Rock Harbor to install an approximately 18 foot long fence within the Harbor Road right-of-way,at the
eastern terminus of the road adjacent to the property. (County Attorney's request)
Item 16D14: Modify the Memorandum of Understanding document,where appropriate,to identify the
County Manager or his designee as the responsible agent that will manage the contract on behalf of the Board
of County Commissioners. (Commissioner Henning's request)
June 14, 2016
Items #2B & #2C
BCC/REGULAR MEETING MINUTES FROM MAY 10, 2016 AND
MAY 24, 2016 — APPROVED AS PRESENTED
CHAIRMAN FIALA: Very good. We move on then to...
COMMISSIONER NANCE: I make a motion we approve the
May 10 BCC regular meeting minutes as well as the May 24 BCC
regular meeting minutes.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. 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.)
CHAIRMAN FIALA: Thank you very much.
And we move on to proclamations.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING JUNE 14-20 AS "LITERACY
VOLUNTEERS OF COLLIER COUNTY APPRECIATION WEEK,"
IN RECOGNITION OF THE HUNDREDS OF VOLUNTEERS
Page 8
June 14, 2016
WHO HAVE SERVED NON-ENGLISH SPEAKING STUDENTS
AND FAMILIES FOR OVER 32 YEARS. ACCEPTED BY
REPRESENTATIVES OF LITERACY VOLUNTEERS OF
COLLIER COUNTY JANET SALTARELLI, PRESIDENT AND
WILLIAM NICHOLS, VICE PRESIDENT — ADOPTED
MR. OCHS: Yes, ma'am. Item 4A is a proclamation designating
June 14th through the 20th as Literacy Volunteers of Collier County
Appreciation Week in recognition of the hundreds of volunteers who
have served non-English-speaking students and families for over 32
years. To be accepted by representatives of Literacy Volunteers of
Collier County: Janet Saltarelli, president; and William Nichols, vice
president. If you'd please step forward and receive your proclamation
from the Board.
(Applause.)
CHAIRMAN FIALA: Thank you for all you're doing for our
people in bringing them closer to citizenship.
Then you have to stay here because we're going to take a picture.
COMMISSIONER NANCE: Photo op. In the center.
COMMISSIONER TAYLOR: Oh, don't block the chair.
CHAIRMAN FIALA: No, you aren't. You aren't. I've got you.
Would you like to say a few words? Did you want say a few
words?
MS. SALTARELLI: Oh, gosh. No not really.
CHAIRMAN FIALA: Okay. You don't have to.
MR. NICHOLS: Oh, I will.
CHAIRMAN FIALA: Okay. By the microphone.
MR. OCHS: Identify yourself, please, for the record.
MR. NICHOLS: My name is William Nichols, Bill Nichols, and
I've been a volunteer tutor at the Literacy Center for seven years now.
I tutor -- right now currently I'm tutoring about 12 students a week. I
Page 9
June 14, 2016
also do citizenship tutoring to get them ready for an interview, so --
and we want to thank you-all for at least making notice of the Literacy
Volunteers here in Collier County. So thank you very much. We
appreciate it.
(Applause.)
Item #4B
PROCLAMATION DECLARING TUESDAY, JUNE 14, 2016, AS
VIN DEPASQUALE AND GREAT DOCK CANOE RACE DAY IN
COLLIER COUNTY IN RECOGNITION OF MR. DEPASQUALE'S
COMMITMENT TO THE COMMUNITY AND OUR CHILDREN
THROUGH THE GREAT DOCK CANOE RACE. ACCEPTED BY
VIN DEPASQUALE, CAROLINE MARTINO, DEE BROWN,
DEBBIE DEPASQUALE AND JIM SCOTT — ADOPTED
MR. OCHS: Item 4B is a proclamation declaring Tuesday, June
14, 2016, as Vin DePasquale and Great Dock Canoe Race Day in
Collier County in recognition of Mr. DePasquale's commitment to the
community and our children through the Great Dock Canoe Race.
To be accepted by Vin DePasquale, Caroline Martino, Dee Dee
Brown, Debbie DePasquale, and Jim Scott. If you'd please step
forward and receive your proclamation.
(Applause.)
CHAIRMAN FIALA: It's good to see you.
MR. DePASQUALE: Thank you so much for this.
CHAIRMAN FIALA: Thank you for all you've done for our
community. That's been a great asset to us.
Stay right here so we can get a picture of everyone.
COMMISSIONER NANCE: Show them your proclamation.
(Applause.)
Page 10
June 14, 2016
MR. DePASQUALE: To be honored by bringing fun to the
community and having fun myself is extraordinary. To be able to
share this with the people who've really made this possible is, indeed,
an honor. Thank you very much.
(Applause.)
COMMISSIONER HILLER: Vinny, it's not just about fun. It's
about all the good you do while having fun, and that's what makes it so
special, because while we're all involved in community service, you've
given a new definition to community service, and we call it party.
So we really want to thank you. I've been going to the Great
Dock Canoe Race for years. And, in fact, this year I was supposed to
row with Harold Weeks, and he, unfortunately, was not able to attend.
But my son has participated, the sheriff has participated, other elected
officials have participated, as well as the whole community. I really
hope we can carry the legacy of what you have started.
And, Leo, I don't know if it would be possible, but, you know,
maybe we could talk to Mayor Barnett, and maybe we could continue
the legacy that Vinny has started maybe jointly with an organization
like the Jaycees that could maybe help us administer it, like bring in a
group of young people who would work with our governments jointly
and really make it a community affair and not let it die.
I mean, when you said this was going to be their last, you know,
dance, I, like, had tears in my eyes. And as you know I was there
cheering everyone on, and I would really like not to see this come to a
close.
Would that be possible? Would the Board be willing to allow
Leo to speak to Mayor Barnett and the president of our Junior
Chamber and see if maybe they could work together to --
COMMISSIONER NANCE: Sure.
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: -- continue? If Vinny would be
Page 11
June 14, 2016
okay with it. I mean, you may not want it in front of your restaurant
anymore, but we would hope you would still accept the presence of a
great community event there, and then you wouldn't have to do
anything.
And then the other thought I had was -- I mean, we would really
-- I mean, except serve great food and, you know, great drinks and so
forth and keep everyone happy.
The other thought that I had, Leo, is because this really is a
tourism event and this event has drawn in so many people from beyond
our borders, if there might be a way that the event would qualify for a
TDC grant; I'm not sure, but my understanding, the cost is about
50,000.
And if that is, in fact, the case, we could maybe talk to Vinny and
see whether or not -- if an arrangement could be made between the
governments and the community to see if it couldn't be funded through
TDC.
COMMISSIONER HENNING: Move to approve today's
proclamations.
CHAIRMAN FIALA: Second.
MR. OCHS: Commissioners, did I get three nods to pursue any
of that?
CHAIRMAN FIALA: Oh, yes. I'm sorry. We had two on the
floor at the same time; excuse me.
Yes, can we have some nods on the discussion?
COMMISSIONER NANCE: No, I'm fine with it. I'm fine.
CHAIRMAN FIALA: Me, too.
MR. OCHS: Thank you.
CHAIRMAN FIALA: All righty. And so we have a motion on
the floor --
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: -- and a second.
Page 12
June 14, 2016
Okay. Very good. 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.)
CHAIRMAN FIALA: Thank you.
Hey, Vinny. I was at the very first one.
COMMISSIONER HILLER: Don't say which one this last one
was, please. Don't go there.
CHAIRMAN FIALA: Oh, I went to a lot more after that, too.
Item #5A
PRESENTATION HONORING VIETNAM VETERANS DURING
THE NATIONAL COMMEMORATION OF THE 50TH
ANNIVERSARY OF THE VIETNAM WAR EXPRESSING OUR
GRATITUDE FOR THEIR SERVICE, VALOR AND SACRIFICE —
PRESENTED; MOTION TO APPROVE — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 5 this morning,
that's presentations. Item 5A is a presentation 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.
Commissioner Fiala is going to read the proclamation, and we
would ask any of the Vietnam veterans in the room to please come
forward in front of the dais as the proclamation -- excuse me -- the
proclamation is read.
Page 13
June 14, 2016
Do we have anyone? Thank you.
(Applause.)
CHAIRMAN FIALA: I have to put my glasses on first.
Whereas, 50 years ago more than three million servicemen and
women left their families to serve bravely a world away from
everything they knew and everyone that they loved; and,
Whereas, from la Drang to -- I can't say these words very well --
to Khe Sanh, from Hue to Saigon, and countless villages in between.
They pushed through jungles and rice patties, heat and monsoon
fighting heroically to protect the ideals we hold dear as Americans;
and,
Whereas, while they came from different backgrounds, colors,
and creeds, they worked to complete a daunting mission, a mission that
left more than 58,000 dead and returning thousands home bearing
shrapnel and scars, burdened by the wounds of post-traumatic stress, of
Agent Orange, and memories that would never fade; and,
Whereas, the long and controversial-in-nature, this war in many
ways defined the generation of Americans. In the half century since
the beginning of the conflict, our nation has grappled with the sensitive
effects of this struggle which accompanies all wars, yet we remain
thankful to those who fought in this conflict and the legacy of service
that they built; and,
Whereas, the freedoms and liberties we are blessed to enjoy are a
direct result of the courage, the devotion, and sacrifice of the members
of the armed forces; and,
Whereas, the 50th Anniversary Commemoration of the Vietnam
War will continue through November 11, 2025. Through this
commemoration, let us strive to live up to their example by showing
our Vietnam Veterans, their families, and all of the men and women
who served our country the fullest respect and support of a grateful
county.
Page 14
June 14, 2016
Collier County appreciates the sacrifices our Vietnam Veterans
made in defending our freedom and believe it is important that we
acknowledge them for their courage and sacrifice.
Now, therefore, be it proclaimed that the Board of County
Commissioners hereby honors the Vietnam Veterans on the 50th
Anniversary of the Vietnam War, and on behalf of the grateful
community, thanks -- we thank them for their selfless service and
sacrifice.
Done and ordered -- boy, that's really tough. You guys came
back, and you didn't deserve that.
(Applause.)
CHAIRMAN FIALA: We need you to stand here for a moment.
COMMISSIONER HENNING: Congratulations.
Move to approve today's -- or this presentation/proclamation on
the Vietnam Veterans.
CHAIRMAN FIALA: And --
COMMISSIONER HILLER: We usually approve --
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: A second from Commissioner Nance.
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. That's passed.
COMMISSIONER NANCE: Madam Chair, I think we should
make copies of this proclamation available through the Office of
Veterans Services for any and all Vietnam Veterans that would like a
Page 15
June 14, 2016
copy of this proclamation just so they can get it. And I would also like
some copies because I would like to take them personally to some
community organizations that serve veterans and meet together with
veterans so they can have a copy of this proclamation.
CHAIRMAN FIALA: That's an outstanding suggestion.
COMMISSIONER HILLER: That's great. That's super. Thank
you.
CHAIRMAN FIALA: I'm sure that will meet with everybody's
approval up here.
COMMISSIONER HILLER: Oh, yeah.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Thank you.
Mike? That's my assistant back there. Mike, did you hear them?
Start making them. Thank you. Thank you.
Item #5B
PRESENTATION OF COLLIER COUNTY BUSINESS OF THE
MONTH FOR JUNE 2016 TO LIGHTHOUSE OF COLLIER, INC.
ACCEPTED BY ROBIN GOLDSTONE GARCIA, EXECUTIVE
DIRECTOR, LIGHTHOUSE OF COLLIER, INC., KRISTI
BARTLETT, VICE PRESIDENT, ECONOMIC DEVELOPMENT,
THE GREATER NAPLES CHAMBER OF COMMERCE, AND
LIGHTHOUSE OF COLLIER, INC. MEMBERS ROBIN
GOLDSTONE GARCIA, ART BOOKBINDER, SUE
BOOKBINDER, KATHLEEN PECK, RICK HART, RICH
MANCINI, BILL MERCER, SUE WILD AND DAVID WEIGEL —
PRESENTED
MR. OCHS: Item 5B is a presentation of the Collier County
Business of the Month for June 2016 to Lighthouse of Collier, Inc. To
Page 16
June 14, 2016
be accepted by Robin Goldstone Garcia, executive director of
Lighthouse of Collier County, Inc.; Kristi Bartlett, vice president of
Economic Development for the Greater Naples Chamber of
Commerce; and Lighthouse members Robin Goldstone Garcia, Art
Bookbinder, Sue Bookbinder, Kathleen Peck, Rick Hart, Rich
Mancini, Bill Mercer, Sue Wild, and David Weigel. If you'd please
step forward and receive your presentation.
(Applause.)
MR. OCHS: Okay. Smile. Very good.
MS. GARCIA: Good morning. I prepared a few things I wanted
to say --
THE COURT REPORTER: Your name?
MS. GARCIA: Pardon?
THE COURT REPORTER: Your name?
MS. GARCIA: Oh, I'm so sorry. Robin Goldstone Garcia.
Members of the Board of County Commissioners, the Greater
Naples Chamber of Commerce, and citizens/guests of Collier County,
I prepared a few statements today because I was told that if I didn't
write it down that I would talk for a very long time, and I only had five
minutes, so I'm prepared.
It's a true honor and pleasure to be here with you today and to be
acknowledged by Collier County as Collier County Business of the
Month.
Please let me take a moment to introduce myself. I am Robin
Goldstone Garcia, the executive director of Lighthouse of Collier, and
I'm very proud and honored to be able to call myself executive director
of Lighthouse.
On behalf of myself, the Lighthouse of Collier board of directors,
our employees and our clients, I really want to thank you from the
bottom of our hearts for choosing Lighthouse of Collier as Collier
County Business of the Month.
Page 17
June 14, 2016
Lighthouse of Collier is the only nonprofit rehabilitation center
for those in Collier County who are blind and visually impaired. Our
vision is to be the best, most reputable and dependable provider of
information and services to those who are blind and visually impaired
in Collier County.
Our ultimate goal is for clients to gain or regain their
independence, ensuring that they have access to all of the things that
those who are not visually impaired have access to despite their
disability.
I'm happy and proud to say that we have, in fact, provided
services to our clients for more than seven years, and we're fortunate
enough to have two of our founders with us today, Kathleen Peck and
Bill Mercer, and we have serviced over 1,200 clients in Collier
County.
Our main focus is to empower our clients who are blind and
visually impaired to be independent through experiences, education,
socialization leading to an enhanced quality of life for them and their
families.
Our core services are essentially divided into two categories. We
have an adult program, and we have a children's program.
And I did want to mention today that it is because of the Great
Dock Canoe Race that we were able to have our first summer camp.
They provided us with funding to be able to do that today. So,
ironically, we're both being recognized today, so I would like to take a
moment to thank them as well.
Our summer camp this year is in the month of July, and it's our
seventh summer camp. So seven years ago we were able to start
because of the Great Dock Canoe Race.
We're fortunate to employ professionally trained, certified staff to
work with our clients. I'd like to take a moment to recognize the hard
work and dedication of the Lighthouse staff that we have with us
Page 18
June 14, 2016
today, the Lighthouse board of directors, our volunteers, and especially
our supporters. To them, I give credit to the Lighthouse's success. Not
only are they passionate about the mission at Lighthouse, they're
making a positive impact in the lives of our community each and every
day.
I also wanted to mention that the hard work and dedication to the
community that is demonstrated by you, the Board of County
Commissioners, and the Greater Naples Chamber of Commerce are
well recognized by the community, and they're very much appreciated.
And I know together we can make a difference in the lives of those in
our community.
I wanted to say one last thing, because we are a non-profit, and
non-profits always have to do the ask. So today I'm going to ask you
all to please just tell one person about Lighthouse of Collier, the
services that we provide to the blind and visually impaired, and let
them know that we're there, and I also invite you all for a tour.
So thank you so much. We really appreciate this recognition.
(Applause.)
COMMISSIONER TAYLOR: I became aware of Lighthouse
many, many years ago. My father read for Lighthouse of Broward
County, and he was very articulate; but I can't tell you what he gained,
what it gave to him to do that.
And, as you know, on the Naples City Council we had a blind
councilman, Fred Tarrant, and it was pretty evident before he retired
that he could see much more than many of us at certain times. His
awareness and his ability to see in deeply into issues became
something that was almost renowned.
So congratulations on your work, and I'm a great supporter.
Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Hiller?
Page 19
June 14, 2016
COMMISSIONER HILLER: Thank you.
And I'm a great supporter and have been since Lighthouse started
because -- because my mother was blind. And my mother lost her
eyesight because she had glaucoma and went to have her eyes operated
on, and they butchered her corneas. And she went completely blind in
middle age, and she isolated herself. And there was no one to help her.
And it wasn't till years later that we found the Institute for the
Blind in Montreal. And they took her in, and they housed her, and
that's where she died.
And I will tell you, what they did for her was beyond belief.
They saved the last years of her life.
And I would like to see -- and I'm sorry I get emotional, but
people don't understand what blindness is. People don't understand
what it's like to live in a world of complete darkness. And to see these
volunteers and these professionals who help their -- these individuals
see through their eyes is nothing short of commendable.
And what I would like to see -- because I would like to make an
ask, and that is to see if our County Manager couldn't work with our
grants division and see what we can do in the way of getting federal
grant funds because, you know, there is an initiative to help in that
regard. Because I would love to see Lighthouse have an institute that
could house the blind and the visually impaired and, in addition, be a
rehabilitation facility.
But, like in the case of my mother, she couldn't live in a
retirement home because she couldn't see at all. And if the institute
didn't exist, she would have had to have stayed at home with full-time
care at a cost which would have been prohibitive that we could not
afford, and it would have been a big problem.
So we have so many elderly in our community. We have many
who can't see due to macular degeneration, due to glaucoma, due to
other diseases of the eyes, and I would love to see something happen.
Page 20
June 14, 2016
And maybe we could do a partnership between Lighthouse and
Bascom Palmer that has now, you know, made a major investment in
the community and our county government.
(Applause.)
COMMISSIONER HILLER: And I'm sorry. I'm sorry I cry, but
I can't begin to tell you what it was like to see how she lived. It was
frightening.
CHAIRMAN FIALA: Thank you, Commissioner Hiller. Great
suggestion.
We move -- oh, Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Ochs, I would also
appreciate it if you would make a note. Perhaps this work is something
that might be enabled by the Promise Zone in Immokalee because I
think, perhaps, there are blind and visually impaired in the eastern part
of the county that are really, really at need, and perhaps there's some --
COMMISSIONER HILLER: That was phenomenal.
COMMISSIONER NANCE: -- connection with the Promise
Zone that might open that up and enable Lighthouse to perhaps do
some work out there in the eastern part.
COMMISSIONER HILLER: And if you want me to go up to
Washington and lobby that, I'm more than happy to do it.
MR. OCHS: Sure.
COMMISSIONER HILLER: Sign me up.
CHAIRMAN FIALA: Thank you very much.
Item #5C
PRESENTATION RECOGNIZING NAPLES BMX AND THEIR
RECENT VICTORIES IN THE SUNSHINE STATE BMX
ASSOCIATION COMPETITION — PRESENTED
Page 21
June 14, 2016
MR. OCHS: Madam Chair, that takes us to Item 5C. This is a
presentation recognizing Naples BMX and their recent victories in the
Sunshine State BMX Association Competition. So we'd like to invite
all members of the Naples BMX team to step forward and receive your
proclamation.
COMMISSIONER TAYLOR: You've got to hold the bike up.
Come on, get the bike. Get the pink bike.
MR. TRANCHAND: This is where it all begins.
COMMISSIONER NANCE: We might -- staff might could use
those around campus.
MR. TRANCHAND: This is where it all begins.
MR. REITES: Thank you very much.
COMMISSIONER TAYLOR: That didn't happen on the course,
did it, sir?
MR. REITES: No, it did not. That happened at work.
CHAIRMAN FIALA: I was wondering the same thing.
MR. REITES: My name's Andy Reites. I'm the president of
Naples BMX. This is Alex Tranchand, our track operator.
MR. OCHS: Excuse me. Try to speak into the microphone so we
can pick you up.
I apologize for that. Again, my name's Andy Reites. I'm president
of Naples BMX. We're a volunteer organization here. Alex
Tranchand's our track operator.
We wanted to say thank you very much for this invitation giving
us a chance to speak in front of the community, to the county, to show
what we do.
Naples BMX, the track itself has only been around for about 10
years; however, the sport of BMX has been around for a little over 30
years. And we're going into our third Olympics. We are now an
official Olympic sport.
Our track, and through the cooperation with Collier County, we
Page 22
June 14, 2016
are an -- actually national certified through UCI and USA BMX. We
are a certified track through USA BMX of North America.
Our riders, as they start off-- as you saw, we brought a
presentation of a Strider bike.
MR. TRANCHAND: We start them at two years old in diapers.
There are a lot of people that don't know about this. But on the big
BMX tracks, they're riding these bikes. There's no pedals. Once they
can balance on this bike, you can give them pedals. So, really, training
wheels are no longer the vision of bicycling. This is actually where
you learn how to ride a bicycle.
And as you can see in the picture, that's my daughter who started
on a Strider. And we just did the SSA championship, and this is one of
the awards that they got.
MR. REITES: The SSA is Sunshine State BMX Association.
They are the promoters of a Florida cup. They work with USA BMX
as part of a state-run organization. There are 15 tracks currently in the
state of Florida that we compete against.
And so our riders from the age of two all the way to the age of 72
actually race and compete, now statewide and nationally. And all the
points we earn earn district points, state points, national points, and
UCI world points.
We just had a couple riders in Medellin, Columbia, participating
in the World Cub. We are --
MR. TRANCHAND: From our track.
MR. REITES: From our track.
We currently have a 17-year-old that is training for his future
Olympics.
So, again, you know, we want to say thank you very much for
your support for us here in the community, because as we -- we want
to kind of come together, bring the children off the streets. It's much
safer. My foot doesn't show it, but it is much safer to ride a BMX bike
Page 23
June 14, 2016
on a track in a controlled environment than it is, say, down Golden
Gate Parkway or Gulf Shore Boulevard.
We have stories of young -- of a young man who came to the
track because he saw what was going on. He actually admitted to us he
was running away from what he called some gang members, some
gang kids in the community. He saw us and saw, hey, this looks like a
safe place to be. No one's going to try to come mess with me in here.
He came into the gates. We -- hey -- welcomed him with open
arms, gave him a bicycle, gave him a helmet, started encouraging him
to ride. He's now been riding with us for two years. He's avoided the
draws of his community and of his peers. There's no peer pressure
there. That's one success story we have for that.
MR. TRANCHAND: It's been very fortunate that we have our
large race that we just held as hosted. Only six tracks will get that race
each year. And last year I went around to all the tracks and the board
members of the SSA to beg them to give us this race, and they did.
And we had a thousand riders show up for the weekend. Hotels were
booked. It was an amazing, amazing event.
(Applause.)
CHAIRMAN FIALA: Where is the track?
MR. TRANCHAND: These are our jerseys that we've made for
our team. This is our Easter race.
CHAIRMAN FIALA: I was saying, where is the track?
MR. REITES: We're located by the Wheels Community Park
behind Golden Gate Community Park, which I want to say a big thank
you to Vicky Wilson. She's the director from parks and recreation at
that facility.
She's worked with us hand in hand and given us all the things we
need to make sure that this is a top-notch facility. We have, I would
say, one of the best tracks in the state of Florida because of our
partnership with Collier County.
Page 24
June 14, 2016
COMMISSIONER TAYLOR: Mr. Wert's in our audience right
now. He's the executive director of the Tourist Development Council,
and I'm the chair. So we might have some conversation about what
you're doing. If you brought a thousand riders and filled the hotels,
that's what we need in our community. Well done.
MR. REITES: For every rider there's generally at least, you
know, one or two parents and siblings. So for every rider we have, it's
generally a family of four.
MR. TRANCHAND: Thirty-five hundred people was calculated
for the weekend. And what's amazing is not enough people know
about this BMX. We really want to broaden the horizons here. But
now that this is -- we are a nationally known track. And now that it's
an Olympic sport and we have kids training for this, this is really the
future, we feel, in bicycling.
So we have many, many families that all come out and help. It's
all a volunteer based. And the reason for the success of the track really
relies on its volunteers. So as you can see, this picture here is at night,
but the track is very smooth, it's very well kept, and it is many, many
man-hours to keep it looking like this, because when it rains, it
destroys it. Well, we have an element that protects it now, which is the
longevity of this lasting.
We really want to appreciate all the county for helping us. Vicky
Wilson, like we've already mentioned, she is really our go-to person on
this. She makes it happen.
And we really thank you for our award today and giving us the
opportunity to show us something that too many people don't know
about.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: A little history. It was an
employee of the county who had the vision of Wheels in Golden Gate;
Keith Larson, who was the supervisor in Golden Gate and the advisory
Page 25
June 14, 2016
board. And with the help, parks and recs purchased the property over
there and expanded it. And do me one thing, keep River occupied over
there.
MR. REITES: Yeah.
MR. TRANCHAND: We do; we do.
COMMISSIONER HENNING: Yeah.
MR. REITES: There's been an article -- touching on that subject
as well. Many children have been not -- I'm not saying River, but
many children have been diagnosed with ADD and ADHD. One of my
sons as well. And there's been a recent national article saying how
bicycle riding helps those conditions. I call it little boy syndrome.
Children have energy. They have excessive amounts of energy, and
bicycle riding is an excellent outlet for these children. And we, you
know, are able to provide a sport, a controlled environment and an
actual sport where we can encourage them, train them, teach them, and
just really be out there for the children, give them a way to expel that
energy.
CHAIRMAN FIALA: That's a wonderful thing. You said
something before, and I have to emphasize it again. The most
important thing is to give kids something to do so they -- so they don't
hang around the streets because that's where trouble begins.
MR. REITES: Yes, ma'am.
CHAIRMAN FIALA: And so it's a wonderful thing. I didn't
even realize that this -- I've heard of-- I've heard of the court, but I had
no idea it looked like this until seeing your pictures. Is this the Golden
Gate Community Center or Golden Gate Community Park?
MR. REITES: Golden Gate Community Center. Our track's
located behind the center along Sunshine Boulevard.
CHAIRMAN FIALA: Okay, okay. That's very good. Thank
you. Oh, it's wonderful.
Commissioner Hiller?
Page 26
June 14, 2016
COMMISSIONER HILLER: Yes. And to the point that the
community doesn't know about it, that's exactly why you're here today.
I didn't know about it, and one night my son came home looking like
one of these guys, except your size, and I couldn't quite understand
what was going on.
And I looked at the bike that was on his rack, and it wasn't his,
you know, typical racer. I asked him what he was doing, and he took
me out to the track. I visited. He told me all about BMX, and that was
why I brought it to the Board's attention at our last meeting, and then
we asked our County Manager to ask you to come forward and share
with this board and the community what BMX is all about.
It is an Olympic sport. This is a state-of-the-art facility. You are
bringing in an incredible amount of tourism. We are promoting sports
tourism. And to what Commissioner Taylor said and to Jack Wert
being in the audience, this is exactly what we want to promote. This is
the successor new sport to our pickleball initiative, which was led by
Commissioner Fiala.
So maybe I'll start promoting BMX wear, you know. But,
anyway, I'm proud to say that my son is a member of your team and
that he gets beaten by nine-year-olds.
MR. TRANCHAND: Fast nine-year-olds.
CHAIRMAN FIALA: I know. I mean, they're deadly and
dangerous.
And the other thing that's so much fun about your sport is I love
all the nicknames. I mean, they are -- like, you should share some of
the nicknames because that's part of the fun of the sport. I mean,
everybody has, like, a badass nickname.
MR. REITES: If I can share a story. That superfast
nine-year-old's my son, Jack.
COMMISSIONER HILLER: Oh. That's hysterical. Oh, my
God. I'm going home and I'm going to, like -- I'm going to so nail
Page 27
June 14, 2016
George on that. That's hysterical.
MR. REITES: He started at age four. His very first experience
on the track at age four was one of tough love. I brought him up to the
starting hill and pushed him. He immediately fell, got back up. I
didn't push him the second time but encouraged him. He went over the
track, probably fell on every other obstacle, came back up to the
starting hill.
And I said, Jack, that was awesome. He's trying to suck up the
tears and say, I fell, Dad. I said, I didn't see you fall. He goes, you
weren't watching me?
I said, no, son, I saw you get up. Everybody falls. Not everybody
gets back up.
COMMISSIONER HILLER: Absolutely.
MR. REITES: That's one of the encouragement things we do is
pushing these children as to encourage them. Keep up, keep getting
up, keep riding. And his nickname is Hammer, because he drops the
hammer.
CHAIRMAN FIALA: You're also giving them the influence that
many kids don't have anymore.
COMMISSIONER HILLER: That's great.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: I can't -- I listened when you said
you kept them off the street, and I can't tell you how accurate that can
be.
When you have, you know, the money for childcare being cut
many times at age nine and parents having to work, these children,
they're latchkey kids. And to have this where it is, is so important.
And so I think the next time you do a meet, I think we need to
have some volunteers from our staff as we did with pickleball, please,
so that we can -- you can sort of launch the next event, and please give
our County Manager your contact information. He probably has it.
Page 28
June 14, 2016
I'm very serious about the TDC getting involved because this is -- this
is a future. This is -- we're a community of children as well of a
community of older people, but our children are what we're nurturing,
and this does it. Well done.
COMMISSIONER HILLER: Thank you, Commissioner Taylor.
That's awesome. Well said.
CHAIRMAN FIALA: Thank you very much for the
presentation. It was great. Everybody really enjoyed it. Thank you.
MR. TRANCHAND: Thank you.
MR. REITE S: Thank you.
(Applause.)
Item #5D
PRESENTATION RECOGNIZING CHRISTINE BAKER,
PARAMEDIC II, EMS AS EMPLOYEE OF THE MONTH FOR
MAY 2016 — PRESENTED
MR. OCHS: Item 5D is a recommendation to recognize Christine
Baker, EMS paramedic, as Employee of the Month for May 2016.
Christine, if you'd please step forward.
(Applause.)
CHAIRMAN FIALA: Embarrassing, right?
COMMISSIONER TAYLOR: Oh, you don't want to be here,
right?
CHAIRMAN FIALA: But you deserve it. See what you get for
being good? You get recognized. Congratulations.
MS. BAKER: Thank you very much.
CHAIRMAN FIALA: This is a little plaque from our county and
a little check for you.
MS. BAKER: Thank you.
Page 29
June 14, 2016
MR. OCHS: Commissioners, while Christine gets her photo, I'll
tell you a little bit more about her. She's been with our county since
2003. Her normal responsibilities include daily operations of an
advanced life support ambulance responding to 911 emergency calls
for help and providing medical treatment and transportation to the sick
and injured.
But in addition to those duties, Christine has a passion for
community outreach and public education. She's volunteered to work
on several outreach programs including our Hug a Tree and Survive
program which educates children on what to do if lost in the
wilderness.
Christine's commitment to her job in the community that she
serves makes her very deserving of the Employee of the Month award,
and it's my honor, Commissioners, to present Christine Baker as your
Employee of the Month for May 2016.
Congratulations, Christine.
(Applause.)
Item #5E
PRESENTATION OF THE DISTINGUISHED BUDGET
PRESENTATION AWARD FOR FISCAL YEAR 2016 FROM THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA)
PRESENTED TO THE OFFICE OF MANAGEMENT AND
BUDGET. ACCEPTED BY MARK ISACKSON, CORPORATE
FINANCIAL PLANNING AND MANAGEMENT SERVICES
DIRECTOR — PRESENTED
MR. OCHS: Fantastic.
Item 5E is a presentation of the Distinguished Budget
Presentation award for Fiscal Year 2016 from the Government Finance
Page 30
June 14, 2016
Officer's Association presented to the Office of Management and
Budget. To be accepted this morning by Mark Isackson, your director
for Corporate Financial Planning and Management Services and
members of our budget staff.
(Applause.)
CHAIRMAN FIALA: Congratulations. You make us proud.
(Applause.)
MR. ISACKSON: Commissioners, if I can, briefly, thank you for
your support and leadership through our budget process and our budget
policies. And I'd be remiss if I didn't thank certainly our staff, but the
staff of the county manager agencies that are involved in fiscal
operations, staffs of the constitutional officers that are involved in
fiscal operations. You have some very fine financial management and
fiscal professionals in this organization, and they contribute greatly to
our cumulative budget process. So thanks again.
(Applause.)
COMMISSIONER HILLER: Mark? Mark? I think the public
needs to see how big the budget is. I mean, this is a major, major
document. And while constitutionals have to produce their own
budgets and incorporate it, there's nothing that compares to what Mark
produces. And his budget is about, what, 950 million, approximately?
MR. ISACKSON: It's over a billion, the net this year.
COMMISSIONER HILLER: Okay. So a billion for this next
year.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER HILLER: Thank you.
Item #5F
US OPEN PICKLEBALL 2016 EVENT RECAP AND
PRESENTATION OF PARTICIPANT SURVEY RESULTS,
Page 31
June 14, 2016
FOLLOWED BY A SHORT QUESTION AND ANSWER SESSION.
PRESENTED BY TERRI GRAHAM, PRESIDENT, SPIRIT
PROMOTIONS; CHRIS EVON, EXECUTIVE DIRECTOR, SPIRIT
PROMOTIONS; AND JIM LUGWIG, EVENT DIRECTOR, US
OPEN PICKLEBALL — PRESENTED; MOTION FOR THE
COUNTY MANAGER TO DISCUSS POSSIBLE FUTURE
REGIONAL AND NATIONAL PICKLEBALL TOURNAMENTS
WITH REPRESENTATIVES FROM THE US OPEN,
DEVELOPMENT AND IMPROVEMENTS FOR THE VENUE
AND EXTENDING THE AGREEMENT — APPROVED
MR. OCHS: Item 5F is a presentation of the US Pickleball 2016
Event recap and the presentation of the participant survey results
presented this morning by Terri Graham, president, Spirit Promotions;
Chris Evon, executive director of Spirit Promotions; and Jim Lugwig,
event director for US Open pickleball. Good morning.
MS. GRAHAM: Good morning. My name's Terri Graham. I'm
going to be doing all the talking this morning, it looks like, but I am
here representing our pickleball team which, as Leo mentioned, is
Chris and Jim and also Jim's wife Carol.
So just about a month ago you had an event here that was the
biggest event in the world for its sport, and I'd like to show a
four-minute video just to remind you of what you brought to Naples.
(Video being played.)
(Applause.)
MS. GRAHAM: Thank you, Leo.
So as you can tell, there's a lot of people that are having a lot of
fun in your city.
And speaking of Naples, you know, what we did as a team here
with you folks, with CVB, with Mr. Wert bringing us here -- he was
the initial person that saw the vision we had and brought this
Page 32
June 14, 2016
tournament to Naples. You know, we're very appreciative for
everything that this county has done for us.
What I'd like to take you through today is just a little summary of
what happened at the event. Here's what -- some of the stuff you just
saw on the pickleball channel but, you know, we had over 800
participants, and we had over 10,000 spectators. That was an
estimation by the fire marshal who was at our event.
The media day was incredible. You know, some of you attended
the media day, but we had every newspaper, every TV station, it was
even mentioned on Good Morning America the first day. Robin
Robert mentioned that US Open Pickleball was kicking off in Naples,
Florida.
We transformed the US Open village. You know, we had East
Naples Park. And what parks and rec did to that facility the month
prior was great. The money that was spent to just throw on a coat of
paint here and there and to put mulch around.
Then we ended up taking all the American flags and flags from
every country that was represented and flags from every state, and we
decorated the whole village. So many people showed up and said they
can't believe what we did with that East Naples Community Park. We
built the championship court.
And then this was a show stopper: Sloan Wheeler, a little
eight-year-old from Marco Island, as well as the Lely High School
Color Guard. I mean, if this didn't bring a tear to your eye when she
came out to sing the National Anthem, I don't know what would,
because this was an incredible moment for our event on Saturday
evening.
Television summary; CBS Sports Network will not release the
numbers of viewership. All I can tell you is that he said it was very
strong for the first-year event. They're very happy with it, and they're
already talking to us about next year.
Page 33
June 14, 2016
The Pickleball Channel is an Internet channel. That video that we
showed you here opening up has already received 500,000 views on
the Pickleball Channel.
And then the survey. So this was something that we were asked
to complete by the CVB. So we ended up sending out a survey to all
the participants we could measure, the spectators, and the -- and the
volunteers. A lot of that was just done through Facebook.
So what we looked at here was -- what I look at, really, are the
participants and what they saw, because they saw all angles of this
event.
But you look, the average survey response is 12 percent. We
received 20 percent from our players. We can't measure the others, but
we can measure, roughly, we received 20 percent.
Where did you stay at the event? Fifty-two percent rented a
property. I know you like hearing that. And this is another great stat is
60 percent stayed longer than four nights. So they came and they
stayed longer than our event itself, and they came with a group. So,
you know, you come with yourself, then your spouse shows up with
you, your grandchildren show up with you.
And I love this slide because the mento "US Open Pickleball
Championships" brought people to Naples. But once they got here in
Naples, they spent money in Naples. They did go to dinner. We
weren't sure if people would just stay at the tournament.
You can see here 86 percent of the people that visited went to
dinner, as well as the golfing and the shopping; all the things that we
expected them to do, but the survey shows that they did do it.
And this is incredible; 87 percent were completely satisfied with
the first-year event. You know, someone told me recently there's this
20-60-20 rule where 20 percent's always happy, 20 percent's never
happy, and the other 60 percent will tell you what they think. Well, we
even got the 20 percent that's never happy. Some of those -- 7 percent
Page 34
June 14, 2016
of those even said they were extremely satisfied with our event.
And the CBS broadcast, you know, this goes -- well, it is
expected that so many people would be watching. That's the first time
ever pickleball was on national TV.
So 2017, we're excited to come back for 2017. We need to
increase the days. We have way too many people that want to play in
this event, so we're looking at increasing it. We're looking at ending it
on Saturday evening instead of Sunday. We're going to leave Sunday
as a rain date. We never factored in a rain date, and thank God it didn't
rain, because I don't know what we would have done. We would have
been playing till two in the morning.
We're expecting more spectators.
But let's talk about the improvements, so what the event really
lacked and what we could use as improvements for next year. You
know, fortunately or unfortunately, heat came to us the week of the
event. And I know this is normal for this time of the year, but our
championship court that we built, we had limited people sitting there.
They were all jammed under the VIP tent around the side where the
sun wasn't exposed to. So we had a whole side of about 500 seats that
people would have sat in if we had some sort of shade covering that.
The tents around the park; we ended up receiving a lot of tents. I
think we had up around 20 tents total from sponsors that gave us tents.
We rented tents. Additional tents would be important, and the misting
stations just to get the participants' body temperature down, to walk
into a misting station.
The bleachers; we can use additional bleachers on Zing Zang
Championship court. It's very important to get as many people on that
court as possible watching the pros.
And then additional bleachers around the grounds; the park and
rec's department did a great job of getting us as many bleachers as
possible that they had throughout the school system. Very, very
Page 35
June 14, 2016
helpful to us.
The bleachers going forward; you know, I've spoken about
purchasing bleachers that are a little bit more comfortable, have a little
bit more leg room in between. The park district bleachers, I don't
know if there's a code or they're looking at building them for smaller
people, but there's not a whole lot of leg room between the bleachers.
The courts are a big thing. We had 48 courts, and we had to shut
off registration with 800 people. We stopped registration a month out.
Couldn't handle any more based on the amount of courts.
We ended up using the Avalon school, which gave us eight courts
over there. If we have more courts, we can get you more visitors, we
can get you more participants.
We would like you to consider to add nine more courts next to the
Franklin pod, or actually the nine courts, I believe, would be out in
back of the Zing Zang courts. But nine more additional courts there.
And then the courts that are the Franklin pod, which we kind of
nicknamed. That's where the roller hockey rink used to be. There are
nine courts there. We would like to build more courts next to it, and
we would like to have you to consider upgrading those courts the deco
turf.
The facilities; this was a little bit of an issue because we had so
many people. We did bring in porta-potties. We did bring in a trailer
that had some facilities off to the side as well, but we need additional
bathrooms there. We need to look at bringing in portable showers for
the pros. I mean, they're on the court hour after hour after hour.
And then the electricity is a big thing, too. We had to rent
generators. Sometimes those aren't the best things to have around the
facility. There's plenty of power going into those areas off the lights on
the courts. Is there some way we can tap into that electricity?
The parking; we used the soccer field -- or the baseball field there.
No, it's actually the soccer field. And I remember the first day -- we
Page 36
June 14, 2016
were leading up to this event, and people would ask me, what are you
going to do if you need overflow? You can only fit 400 cars there.
And I said, we're not going to need more than 400 cars.
Well, Wednesday about 11 o'clock, the radios went off saying,
Jim, we need more parking, and I radio in, "Just use the overflow at
Sugden."
"Ah, that's full, too."
So it's like, okay, Jim, now where do we go? And he came up
with further down. But it is something we really have to look at is the
parking. Can we find parking off the area and do remote shuttles? But
we've got to have really exceptional shuttle service getting people back
and forth.
The other thing I'm going to be doing is applying for a grant
throughout the C -- through TDC. We had one hour this year, and
we'd like to go to two hours. CBS Sports is already telling us how
strong the viewership was in that one hour, and I'm already speaking to
them about increasing it to two hours.
On behalf of all of us, I'd like to thank you for your time this
morning, and we're open to answer any questions or comments that
you may have.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: What guarantee can the county
get of a long-term use as far as the championship pickleball here in
Collier County? Can we do that?
MS. GRAHAM: We have -- still, through the CVB, we have a
two-year contract remaining, so 2017 and 2018. It hasn't been brought
to our attention at all about extending that contract, but it is something
that we would be open to discussing.
COMMISSIONER HENNING: All right. Because the capital
improvements that you're requesting is quite a bit.
MS. GRAHAM: Yes.
Page 37
June 14, 2016
COMMISSIONER HENNING: And, in my opinion, we would --
should have some kind of guarantee. This is -- the county will put in
these capital investments for a long-term guarantee that the
championship will take place here.
MS. GRAHAM: Well, we said since day one, Commissioner
Henning, that we wanted Naples to become the flesh and metals of
pickleball. And when we found the home here in working with the
entire county, we have no desire to go any other place.
COMMISSIONER HENNING: Okay. If we could get that in
writing, I'm sure we could get staff working on that.
MS. GRAHAM: Okay.
COMMISSIONER HENNING: Thank you.
MS. GRAHAM: Thank you.
COMMISSIONER HILLER: How much did the TDC invest in
this project?
MR. CASALANGUIDA: Two hundred fifty thousand.
COMMISSIONER HILLER: Fifty thousand?
MR. CASALANGUIDA: Two hundred fifty thousand, ma'am,
and we have another 300,000 programmed for next year so far.
COMMISSIONER HENNING: How much next year?
COMMISSIONER HILLER: And that will basically cover --
MR. CASALANGUIDA: Just in this executive summary -- I'm
sorry, the agenda, under consent, you had 30,000 to start design, and
we have 300,000 in the budget that will come to you on Thursday.
COMMISSIONER HENNING: Okay.
COMMISSIONER HILLER: And that will consider the
deficiencies that were identified here; is that what that will cover?
MR. CASALANGUIDA: Some of them, ma'am. We're looking
at converting the existing courts that are not deco turn to deco turf,
removing some fencing and re-landscaping and regrading some areas
and then putting some coverings over the main courts.
Page 38
June 14, 2016
COMMISSIONER TAYLOR: What about the helicopter pad?
COMMISSIONER HILLER: I think this particular event -- and
thanks to you and to Commissioner Fiala for doing so much to bring it
forward -- is going to do so much to gentrify that whole area. I mean,
to your goal of what the CRA has done down there, this is going to be
absolutely incredible.
CHAIRMAN FIALA: I think so, too. And the most important
thing, I saw the things that they were running on television, and it
shows -- the first glitch you have is of Naples and the pier and the
beauty of the area. They don't even zing into pickleball until they've
featured where it's being held, and I thought that was really a great
move.
Awe, look at Jack smiling, yeah.
And I think that, Terri, if I might divulge this; Terri lives in
Chicago, right? But she -- they bought a home down here now
because they feel so passionate about this pickleball championship
being down here so --
COMMISSIONER HILLER: That's awesome.
CHAIRMAN FIALA: -- I thought that was pretty cool, too.
Actually, one of the referees is also planning on moving down here.
He's looking at a place -- well, I won't tell you where, but anyway, also
down here. See, I thought that was cool.
MS. GRAHAM: There are several people who are moving down
here after the event.
And, you know, if you look at just the US Open at East Naples
Community Park, you've got to look outside of it because, yes, that's
the anchor to all of the improvements, but Jim and his team, which I'm
on with his events, is -- he's planning on putting on more events at that
park. So it's not just one event. It's one major event, and then there
will be four additional smaller events throughout the year. Some will
be in season, some will be out of season, and those courts will be used
Page 39
June 14, 2016
for that, too.
We're also talking about other areas where we can bring people to
Naples to do camps, clinics, exhibitions. I mean, this area what -- the
exposure Naples received from just a month ago is incredible.
San Diego/Carlsbad, California, approved yesterday almost a half
million dollars to build a pickleball center. Now, pickleball center like
this? No, I think it's 12 courts. But that's what's happening because
people left this tournament and they went back to Carlsbad and they
went back to Chicago and they went back to these areas and said, this
is what just happened in Naples. We need to get up with the Joneses,
if you will.
And they approved that funding. It was on the docket for three
years. And I kind of believe that the US Open pushed them over that
limit to approve that funding to build 12 new pickleball courts.
COMMISSIONER HILLER: That's great.
COMMISSIONER HENNING: Well, let's make this the capital
of pickleball in the United States.
(Applause.)
MS. GRAHAM: In the world.
MR. OCHS: In the world.
MS. GRAHAM: In the world.
COMMISSIONER HENNING: In the world. That's fine.
MS. GRAHAM: Yes.
COMMISSIONER HENNING: I mean, I -- if we can do that, I
know that the future board will invest in making things happen. But
it's more than what you're requesting. It's a vision; you know, a center.
COMMISSIONER HILLER: And I would like to add to that. I
think you're absolutely right, Commissioner Henning, and the good
news is, is that the person who has carried the vision, as I said, was
Commissioner Fiala. It was because of her that this whole vision grew
and became a reality. And the good news is, she will be on the board
Page 40
June 14, 2016
so this vision will carry forward and we, who won't be on the board,
know that you will do a phenomenal job of ensuring that we do
become the international pickleball center.
CHAIRMAN FIALA: Oh, thank you. I'm just the support
system.
MS. GRAHAM: Well, you're playing in this next year. You
already said that. You're the first entry.
COMMISSIONER HILLER: She is?
MS. GRAHAM: Yeah. We're signing her up. We're giving her a
comp entry.
COMMISSIONER HILLER: I'm going to call the Seminoles to
start taking bets.
MS. GRAHAM: Well, you know, one thing about this sport that
you need to keep in mind -- and I think you saw a little flavor of this
on the video is this isn't just a baby-boomer sport anymore. It used to
be 60 percent was over 55 years old.
The kids that are entering this sport and the tennis pros that are
entering this sport -- this is a perfect storm because you have every
single age wanting to play this sport. There's no other sport that I can
think of in the country that that happens with.
So there's a lot of participants. This sport's two and a half million
people right now. In three years it's predicted it will be 8 million
people, just in this country alone, playing pickleball.
CHAIRMAN FIALA: And the world champion lives right in
Fort Myers, and he's 21 years old.
MS. GRAHAM: Correction, Commissioner Fiala. It's the US
Open champion.
CHAIRMAN FIALA: Oh, okay. Sorry about that. And then the
second one, the one that flew in from Tokyo, he's a young guy, too.
MS. GRAHAM: Yes, he's 27.
CHAIRMAN FIALA: And then there was a gal that was
Page 41
June 14, 2016
pregnant with her second baby, and she was in the finals. She came in
second place, didn't she?
MS. GRAHAM: Yes, she did.
UNIDENTIFIED SPEAKER: She won.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Oh, that was terrible.
COMMISSIONER NANCE: I'm just trying to lighten it up. Go
ahead. Go ahead. No, no. I'm going to blame it on you. You said it.
COMMISSIONER TAYLOR: This was just -- I did not.
Anyway, but, you know, we did have some demand for some
folks to come over from the East Coast via helicopter. And I said it
tongue and cheek, but I sure would like to see this happen, so -- and,
you know, it would be back and forth, but there's nothing like it.
Also, I just, again, want to compliment the staff and the county.
It was -- it was magical what you did to that park, and it was beautiful.
And there was shade, and people were relaxed and sitting in lawn
chairs in between matches, and no complaints. And the volunteers --
and I know that's because of you.
CHAIRMAN FIALA: Oh, we had a good -- a good -- over 250
volunteers were there, and thankfully.
COMMISSIONER TAYLOR: Yeah, but you lead that charge, I
know that, Commissioner Fiala.
CHAIRMAN FIALA: Oh, I was just part of a team.
COMMISSIONER TAYLOR: No. But it was such a well-run
tournament and my introduction to pickleball, so I was very excited to
learn about it and to actually watch some matches. It was wonderful.
CHAIRMAN FIALA: Speaking for everybody else, we were all
thrilled that you were there, too, by the way. You're a great supporter,
and we loved it.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Commissioner Nance?
Page 42
June 14, 2016
COMMISSIONER NANCE: Yes, great comments from
everybody.
Commissioner Henning, I think you're spot on. And I would like
to make a motion to request that the County Manager engage
discussions with the US Open sports authorities to have a discussion
on venue development and discussion on having a contract that
provides for an ongoing extension so that everybody has a
commitment, and we can really go forward and that the Board of
County Commissioners can act with some authority to make
improvements to the venue and otherwise do what's necessary to make
this the center of pickleball sport in -- you know, internationally.
So I would like to make that motion to have them, you know,
engage in -- open those discussions and see if we can expand our
relationship and move forward on an ongoing basis.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: I'm going to let Commissioner Henning --
he came up with the idea. Would you like to second that?
COMMISSIONER TAYLOR: Yes. I'll withdraw my second.
COMMISSIONER HENNING: It doesn't matter --
COMMISSIONER TAYLOR: No, sir.
COMMISSIONER HENNING: Well, that's what I get paid for is
to bring ideas, I guess. But, no. It's something that the whole
community, including members of this board, needs to get involved to
see if we can make it happen.
You know, we have a great community. It's one of the safest
communities in the state of Florida. There's a lot of different sports
going on, but this is something new. I mean, I never knew pickleball.
So if we can house it here in our community and call this home, what a
great addition that we would have to Collier County. So, yeah, if we
could get staff involved and individual commissioners, absolutely.
COMMISSIONER NANCE: Yeah, I'd love to have this just
Page 43
June 14, 2016
press on ahead and see if we can really make this everything it can be.
CHAIRMAN FIALA: Well, Commissioner Taylor, you
seconded.
COMMISSIONER TAYLOR: No, I'm not going to do that. I
withdrew my second. I want Commissioner Henning to.
COMMISSIONER HENNING: Yeah, okay. I'll do it.
COMMISSIONER TAYLOR: All right. Well, that's a first.
CHAIRMAN FIALA: I just want everybody to clamor for the
second. That's good.
Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you. Terri, it was a wonderful
presentation.
MS. GRAHAM: Thank you very much for your time. And,
Commissioner Fiala, thank you, especially, for everything you did for
us. We appreciate it.
CHAIRMAN FIALA: Oh, thank you.
(Applause.)
COMMISSIONER NANCE: I just have one final question
before we leave this agenda item. You know, I provided you with a
ceremonial jar of dills from the Mount Olive Pickle Company, North
Carolina's finest, and I just wanted to know what the fate of those
magnificent dills was and reaffirm that I plan on, for the foreseeable
future, providing you the ceremonial jar of dills from the major pickle
sponsor for this event going forward.
Page 44
June 14, 2016
CHAIRMAN FIALA: And they're --
COMMISSIONER NANCE: So who ate --
CHAIRMAN FIALA: -- going to be the sponsor, aren't they?
COMMISSIONER NANCE: Who ate the pickles?
CHAIRMAN FIALA: Oh, well, my daughter and her family
were eating most of them.
COMMISSIONER NANCE: Thank you.
CHAIRMAN FIALA: They are going to be -- aren't they going
to be a sponsor next year, or are you just talking?
MS. GRAHAM: Who?
COMMISSIONER TAYLOR: Mount Olive.
COMMISSIONER NANCE: Mount Olive.
CHAIRMAN FIALA: Mount Olive.
MS. GRAHAM: We're going to speak to them.
COMMISSIONER HILLER: You should also approach Wicked
Pickles. They're awesome.
MS. GRAHAM: They're wicked good.
COMMISSIONER HILLER: They are wicked good.
COMMISSIONER NANCE: Wickles.
COMMISSIONER HILLER: Wickles.
CHAIRMAN FIALA: Thank you for being here.
Item #10A
A PROPOSAL FROM THE MARCO ISLAND CITY COUNCIL TO
RETURN COUNTY ROAD 92A (GOODLAND DRIVE) TO
COLLIER COUNTY'S JURISDICTION AND AUTHORIZE THE
COUNTY MANAGER TO FURTHER EXPLORE THIS OPTION
WITH THE MARCO ISLAND CITY MANAGER — MOTION TO
APPROVE AND BRING BACK TO THE BOARD FOR FURTHER
DISCUSSION — APPROVED
Page 45
June 14, 2016
MR. OCHS: Commissioners, that takes us to Item 10 on this
morning's agenda. It was an add-on, Item 10A, at Commissioner
Fiala's request. It's a recommendation to consider a proposal from the
Marco Island City Council to return County Road 92A, Goodland
Road, to Collier County's jurisdiction and authorize the County
Manager to further explore this option with the Marco Island City
Manager.
Commissioner Fiala?
CHAIRMAN FIALA: Yes. Thank you very much.
We received this letter late on Friday, and we were thrilled to
receive it. It was -- what I saw in that was they were extending the
hand of friendship. And it's so much better when you work together.
And so I would ask all of the commissioners, please, let us direct
the County Manager to work with the City Manager and get this
straightened out as quickly as possible so hopefully we can start work
on this project.
COMMISSIONER TAYLOR: I make a motion to that effect.
COMMISSIONER HILLER: Will you make that as a motion?
CHAIRMAN FIALA: I make that as a motion.
COMMISSIONER HILLER: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. I have a second and a third.
Okay. Any comments? Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Leo, when was that entered into, that agreement; do you recall?
MR. OCHS: Yes, sir. It was 30 July 2002.
COMMISSIONER HENNING: Two. And we budgeted a
million dollars to go to Marco Island?
MR. OCHS: Yes, sir, every year for 15 years.
COMMISSIONER HENNING: And part of that was the -- they
Page 46
June 14, 2016
were going to elevate/raise, Goodland Road. So that $15 million --
and nothing has happened. Do we have a cost estimate on those
improvements?
MR. OCHS: Yes, sir. We have a preliminary estimate. I'll ask
Mr. Casalanguida to take the Board through that.
MR. CASALANGUIDA: Sir, just for clarification, the
agreement wasn't specific that they would raise the road, just maintain
access and egress and operate and maintain. So that's what we're
hanging our hat on, sir.
The estimate for the road is approximately, right now, about $4
million, and that's plus or minus quite a bit because of the fact that we
still have to meet with the Conservancy through the permitting process
and determine if we can go just straight vertical mechanical (sic) walls
or expand into the mangroves. That could add another million dollars
to that project, sir.
COMMISSIONER HENNING: And there's two million dollars
left in the agreement?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: So that's quite a bit of shortfall.
I can understand why Marco City Council wants to hand it back over.
There has to be -- there has to be direction to county staff to try to
recoup some of that to make the county whole in those improvements
of Goodland Road.
CHAIRMAN FIALA: I think in the letter -- I don't know if you
got to see the letter or not, but in the letter they suggested that maybe
we could get some grants to help fill in that gap.
COMMISSIONER HENNING: Why don't we ask them to get
the grants?
CHAIRMAN FIALA: Well, you know, the problem is, we all
knew what we were -- you and I were sitting here. We all knew what
we were talking about and what we wanted to do with that. We
Page 47
June 14, 2016
grudgingly gave the road over, and that was fine, but we wanted to
make sure that they took care of it.
What happened was somehow -- I don't know who ever wrote up
that contract -- they never mentioned -- never mentioned anything
about fixing the road to 92A. They just said -- as part of this donation.
They just said to take care of all of the roads and -- on Marco Island as
well as 92A, but they never pinpointed anything.
So, actually, when the new City Manager came on, he says, well,
I don't even see this in here. And so -- and we really don't have a leg to
stand on because it was written that way.
COMMISSIONER HENNING: Well, I disagree. I disagree with
you. These funds, Commissioner, are coming out of all of Collier
County taxpayers' funds, and they went to one city, and that city failed
to make those improvements to the road.
So, I mean, I can't support the motion unless we give further
direction to the County Manager to negotiate something better than
what is written here.
CHAIRMAN FIALA: And, Commissioner Henning, I
understand what you're saying, I really do. Meanwhile, we have a tiny
little village here of about 450 people who are going to have trouble
getting out of that area if there's flooding that takes place. And we've
been seeing more and more flooding all the time as the waters rise and
as this road continues to sink down.
And they're being held hostage because, you know, of these
things. I feel that -- I think that Marco Island has extended the hand of
friendship, and I think we ought to take it. I think we ought to let the
County Manager work it out with the City Manager and see what he
can come up with, and that is my motion. And I had a second to it.
COMMISSIONER HILLER: I second it.
CHAIRMAN FIALA: Okay, good. Thank you. Now, I don't
know who started this first. Was --
Page 48
June 14, 2016
COMMISSIONER NANCE: Commissioner Hiller was first, and
then me.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Commissioner Henning,
Commissioner Fiala, you both were on this board when this agreement
was originated, weren't you? Were you on the Board when this took
place?
CHAIRMAN FIALA: (Nods head.)
COMMISSIONER HILLER: So -- and for every year thereafter
the Board collectively, through last year, knew exactly what Marco
was doing or not doing, and every year the Board advanced the next
million dollars, notwithstanding what they -- they knew what they had
done with the monies in the previous year.
So I think there's a real problem in that it appears that the -- this
board has waived their rights as to their claim with respect to Marco's
need to fully re-engineer and rebuild this road in light of only bringing
it up this past year.
I think that we have a problem in trying to make that claim. We
can negotiate the next two million. That's reasonable. But I think to
try to suggest that they have an obligation because they failed to fulfill
the terms of this agreement in light of this board's waiver of
enforcement of the terms up to this point is of some concern.
COMMISSIONER HENNING: I need to respond to that,
Commissioner Fiala.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HENNING: You know, to say that individual
board members are going down there and monitoring what Marco
Island -- the City of Marco Island is doing with that million dollars a
year is absolutely ludicrous.
COMMISSIONER HILLER: No, I didn't say that.
COMMISSIONER HENNING: I mean, it's just like -- it's just
Page 49
June 14, 2016
like a sidewalk in Pine Ridge community that you don't want but later
on you agreed to it through the MPO.
COMMISSIONER HILLER: No. I actually did object to it, and
my community objected to it.
COMMISSIONER HENNING: And, you know, you didn't even
know that the Board went under design or the state went under design
of it.
COMMISSIONER HILLER: No, because they didn't report to us
that they did.
COMMISSIONER HENNING: It's not the responsibility or the
duties of individual commissioners to micromanage what other
municipalities are doing, or it's not the Board's, individual board
members, to micromanage the county. It's to make policy. And it is
the County Manager to ensure that the contract and agreements are
enforced.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: That's not Florida Statutes, the
law. You don't have to be a lawyer to read it.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't think that we need to
debate the past on this agenda item. I think this agenda item is seeking
a pathway forward.
And, you know, I understand Commissioner Henning's objection
to the single option that seems to be indicated here. I would hope that
this -- that the motion maker would agree to allow the staff to meet
with the Marco Island City Council and come back with a variety of
options for the Board to consider and for the Marco Island City
Council to consider to be able to move forward on this item. I hope
that's what this agenda item is about.
COMMISSIONER HENNING: I can support that.
COMMISSIONER NANCE: Commissioner Henning, if we
Page 50
June 14, 2016
expand it to other options and general discussions on options to fix the
problem, could you support the motion?
COMMISSIONER HENNING: Absolutely. Thank you.
COMMISSIONER NANCE: Commissioner Fiala, could you
open this up to other options as well as the singular option?
CHAIRMAN FIALA: Well, I would think that -- yes. I would
think that the County Manager and the City Manager would probably
address those things and then bring those suggestions back to us.
COMMISSIONER NANCE: Yeah. If you could -- I think if you
could expand it to, you know, let them come together and come back
with a range of options or start negotiations for the approval of the
Board, then I think you'd have a unanimous --
COMMISSIONER TAYLOR: Absolutely.
COMMISSIONER NANCE: -- support.
COMMISSIONER TAYLOR: I don't think --
COMMISSIONER NANCE: Is that appropriate, Mr. Ochs? I
mean, is that what you're seeking to do?
MR. OCHS: I believe that, essentially, is the intent here on this
item.
COMMISSIONER NANCE: Is the intent?
MR. OCHS: Yes.
COMMISSIONER NANCE: Okay. Madam Chair, is that your
intent of the motion?
CHAIRMAN FIALA: That's fine with me. My intent is to start
this moving forward so we can start doing something to protect those
people at the end of the road.
COMMISSIONER NANCE: Exactly. So that they can consider
whatever -- they can consider a number of options and return to the
Board with their recommendation. I certainly can support the motion
if it's amended in that way and the second agrees.
CHAIRMAN FIALA: Very good. So all in favor, signify by
Page 51
June 14, 2016
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Oh, and, by the way, I had amended it as he asked. But
Commissioner Hiller just said, "and I'll amend my second."
MR. OCHS: Okay. Thank you.
CHAIRMAN FIALA: So that was -- I don't know if we
overshadowed that on the minutes or not, but I wanted to put that on
the record for the record's sake.
MR. OCHS: Thank you, Madam Chair.
Ma'am, it may be appropriate for a brief court reporter break at
this time.
CHAIRMAN FIALA: Two minutes early. Terri, do you need
those two minutes? Yes, let's do that.
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: Ten minutes is good, or even 12 minutes.
MR. OCHS: All right. 10:40 it is.
CHAIRMAN FIALA: I'm taking from Commissioner Henning's
example; 12 minutes.
(A brief recess was had.)
CHAIRMAN FIALA: The meeting will come to order.
MR. OCHS: Yes, ma'am.
Item #11A
Page 52
June 14, 2016
RESOLUTION 2016-135: ESTABLISHING THE COLLIER
COUNTY HOUSING PLAN PROJECT AND STAKEHOLDER
CHARTER, AND A TIME LIMITED AD HOC STAKEHOLDER
COMMITTEE TO REPORT TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE AND AUTHORIZING THE CHAIR
TO SEND A LETTER OF INVITATION TO EACH
STAKEHOLDER ENTITY TO PARTICIPATE IN THE HOUSING
PLAN DEVELOPMENT PROCESS — ADOPTED
That takes us to Item 11A this morning. It's a recommendation to
approve the Collier County housing plan project and stakeholder
charter and a resolution establishing a time-limited ad hoc stakeholder
committee.
COMMISSIONER HENNING: Move to approve.
MR. OCHS: Ms. Grant will present.
MS. GRANT: Good morning, Commissioners.
COMMISSIONER HENNING: Motion to improve.
MS. GRANT: Kim Grant, your director of community and
human services.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN FIALA: Okay. Commissioner Henning has said
"motion to approve."
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: And there's a second.
Do you want to discuss this at all or -- and talk to the audience
and tell them what it's about?
MR. OCHS: That's up to the Board, ma'am. We're happy with the
motion and the second. We can proceed.
COMMISSIONER NANCE: I think it would be appropriate, you
know, to release some information, you know, some good publicity on
the plan project to those that are interested. I don't want to cut this
Page 53
June 14, 2016
short. I mean, certainly we had, I think, unanimous support. It's a very
important issue.
But let's make sure that we give Ms. Grant -- and we get it out on
all our possible information networks so that people understand really
how good this is and how important it is to us.
CHAIRMAN FIALA: That's how I felt, too. Okay.
MS. GRANT: Okay. Commissioners, I do have a brief
presentation, then, with that in mind.
So we are here to receive approval of the project and stakeholder
charter. And we're going to start this morning with the end in mind.
We will be successful when we have a community housing plan
that takes into consideration these elements that are up on the slide
before you. We have pieces of these, we have a lot of these, but what
we do not have is a comprehensive plan where we've pulled all this
together with clear direction about where we're going to go in the
future.
Recently I was discussing this initiative with someone and talking
about the sophistication of the issue, how many people need to be
involved to make this successful, the fact that this has not been solved,
although it's been looked at many, many times in the past, and they
said, gee, it seems like you're trying to solve world peace. And I said,
well, I hope not. I don't think we can get at that. But we do recognize
that this is a very sophisticated issue and, consequently, staff is
recommending that we approve this charter and we have a sound plan
even to get through our planned development process.
So today I want to make sure that we're 100 percent on the same
page. We can't take the risk of being unclear about what we're going to
do, how we're going to do it, and what we're going to come out of this
with. So I'm going to do a very brief review of the key elements of the
project and stakeholder charter.
First of all, this entire project is in strategic alignment with the
Page 54
June 14, 2016
statutory requirements, Collier County strategic goals, and also the
Growth Management Plan and the housing goals. So we are right in
line with where we need to be, and there's support all the way up the
line for this.
There's one simple deliverable out of this project, and that is a
development of a housing plan, and our target is September 2017. We
envision this plan including clarification of the issues, recommended
solutions and funding streams, implementation plans with performance
measures, and it will reflect the collective view of the citizens of the
county.
To get anything done, you have to identify who's going to do it
and what their responsibilities are. So we've clarified the roles and
responsibilities in this planned development. The Board of County
Commissioners is the sponsor of this project, and the implementation
team consists of your Affordable Housing Advisory Committee, staff,
this new stakeholder committee which I'm going to touch on again
very briefly in a moment, and the partner consultant that you have
authorized us to go out and seek.
A bit on the stakeholder committee, since we have a resolution
before you today. There's been a desire all along the time we've been
talking about this the last year, year and a half, for wide community
involvement. My understanding from the Board is that we are
spearheading this initiative but it's not only going to be looking at
government solutions and government options.
So the development of a stakeholder committee clearly specifies
entities in the community that can represent themselves and/or a
broader grouping so that we make sure that we hear from and have
interaction with the key stakeholders in our community.
This resolution is to establish a stakeholder community for a time
limited period that will end when the housing plan is presented to the
Board of County Commissioners.
Page 55
June 14, 2016
It will be an official entity in the sense that it will elect a chair and
vice-chair. It will report into the Affordable Housing Advisory, and
then the Affordable Housing Advisory Committee and staff will
present to you, the Board of County Commissioners.
And staff is asking that, by approval of this item, the Board chair
send an actual letter of invitation to the entities to participate.
This is not intended to be closed. If there is an entity or an
individual that is not identified in our preliminary plan here that wants
to be involved or that we think should be involved, we'll certainly be as
inclusive as possible.
I've already mentioned that our plan is to be completed by
September 2017. In July of this year, we are -- we are -- currently staff
is developing the request for proposal to bring on the partner
consultant. In July of this year we'll get AHAC and the stakeholder
committee approval of that. We anticipate bringing the partner
selection back to the Board in September and then approximately a
12-month project to get the plan developed.
So the request today is to approve the charter, approve the
development of the stakeholder committee, and authorize the chair to
send a letter of invitation to the entities that have been identified. And
I'd be happy to take any questions.
CHAIRMAN FIALA: Commissioners, any questions?
COMMISSIONER TAYLOR: Just one. I know that we are now
in the process, I believe, for a consultant study countywide of
affordable housing challenges, is that correct, or are we still
contemplating -- do we sign the RFP, or are we beyond that, I guess, is
what I'm trying to say?
MS. GRANT: The RFP is in the process of being developed.
COMMISSIONER TAYLOR: Okay.
MS. GRANT: My recommendation is that the AHAC and the
steering stakeholder committee, pardon me, review it before it goes out
Page 56
June 14, 2016
so that we can, again, be certain of full inclusion. It will be out over
the summer and come back to you with a selection in September,
Commissioner.
COMMISSIONER TAYLOR: Perfect, perfect. Yeah, well done.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yes. I just want to commend you.
This is a great way to handle this issue, and I really appreciate you
putting together this committee specifically for this issue and then
sunsetting it at the end of the time that this comes before the Board.
I really want to ask that you please keep at the forefront the
understanding that there are so many people who cannot qualify to buy
a single-family home or a condo because their credit has been
impacted as a result of what happened during the real estate crisis and
that we must focus on where we have the shortage, which is
apartments where the standard of creditworthiness is different.
There is still is a credit underwriting requirement, but it is not the
same as it is for a home. And so I just -- I just want that not to be
forgotten, because when we did the inventory, that was clearly where
the shortage was identified. So thank you.
MS. GRANT: Sure.
CHAIRMAN FIALA: I would just like to add, I noticed you
have Barbara Melvin on there, that would -- and she'll be representing
the banking industry. That's one of the major problems, as you
mentioned, is people getting a loan to buy what they want, and so we
might even have to rope the banking industry in to support whatever
our conclusions are to help them along.
COMMISSIONER HILLER: And you know what our problem
with that is, it's very difficult to do because they're limited by the
standards set by regulators. So I don't think that the banks don't want
to help. I think that they have just -- the underwriting standards have
become so burdensome for them that ifs very difficult for them to deal
Page 57
June 14, 2016
with these individuals who have compromised credit.
CHAIRMAN FIALA: And some of them do not have
compromised credit, but maybe they need some assistance somewhere
COMMISSIONER HILLER: Yeah, absolutely.
CHAIRMAN FIALA: You know, somebody coming in for a job
at Arthrex but -- you know, they come down, and they'd love to buy a
home but maybe they don't have how much you have to put down or
something.
Anyway, I'm just hoping that the banking industry will catch sight
of this and want to become a part of it.
And the other thing is, I'm hoping that the group will
compartmentalize -- I don't know if that sounds good -- what kind of
housing we actually need, like into percentages. Like, for instance,
reporters, you know, in that group category, but they make different
than what Arthrex employees would make and maybe, you know,
giving the different percentages so -- you know, so you have
something to strive for and a goal to meet. How many do we need in
this category or this category -- wage category or however you want to
do that so that we have a target to shoot for rather than it all being just
one affordable housing that -- and the lines get kind of foggy. So I'm
hoping that they'll do something like that, but that's just my hope.
Okay. And with that, we have a motion on the floor and a
second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (Away from dais.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Page 58
June 14, 2016
CHAIRMAN FIALA: Very good.
MR. OCHS: Thank you, Kim.
Thank you, Commissioners.
MR. OCHS: That takes us to Item 13 on the agenda, other
constitutional officers.
Commissioner Nance had requested to move items 16I1, 16J2,
and 16J3 to the regular agenda for discussion.
Madam Chair, or Commissioner, I don't know if you want to take
these as a group or if you want to take them individually.
CHAIRMAN FIALA: Let me ask the commissioner.
COMMISSIONER NANCE: Yes. I would -- I pulled these three
items because I think they're directly -- I'm seeking clarity on these
three items, so I'd like to kind of discuss them as a group, and then the
Board can take action individually on them as they see fit. But I just
thought that we needed -- I had some questions and I thought others
might benefit from discussing the issue kind of in a comprehensive
way.
So I'd like to discuss all three of these items kind of at the same
time, and then we can peel them back apart for actions as the Board
sees fit.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: All right. Let me start. It's going to
take a little while. What I really am looking for is to answer a few
questions, and I'm seeking clarity on -- we have, for some time, for the
-- you know, part of last year and the balance of this year, we have had
three reports that are related, but it's unclear to me that they're --
exactly how they're related and if they reconcile or not.
So I wanted to ask just a few questions. And, Crystal, you might
be able to help me on this as we kind of work our way through this.
Let me describe my understanding of the three reports that we're
receiving and kind of where we have been.
Page 59
June 14, 2016
16I1 is really a report of pre-audited expenditures. It's been
submitted by the Clerk's staff-- the Clerk and his staff under
miscellaneous correspondence. It is really a report of pre-audited
expenditures that are in compliance with the agreed order, Section 2C
from Judge Shenko.
Item #13A
REQUEST TO MOVE ITEM "ITEMS TO BE AUTHORIZED BY
BCC FOR PAYMENT" FROM #16I 1 TO THE PART OF THE
AGENDA "OTHER CONSTITUTIONAL OFFICERS", APPROVE
THE ITEMS ON THIS LIST THAT THEY SERVE A VALID
PUBLIC PURPOSE AND AUTHORIZE THE CLERK TO PAY PER
JUDGE SHENKO'S ORDER — APPROVED
Okay. So we have 16I1, the reported pre-audited expenditures.
And the intent of Judge Shenko's order was to then have the staff
approve them and find that they have a valid public purpose.
I'm going to ask -- my assistant, Jim Flanagan, is going to pass to
you a couple of different things. I asked him to copy and prepare for
you two things, one of which is just a copy, just so you can refer to
them. These are not things that you have not seen before. One of them
is the agreed-upon order from Judge Shenko, so if we need to talk
about that we can, and the second one is the letter that I sent to the
Clerk's Office on behalf of the Board back in November of 2015 to
kind of outline the second report that we have, and that is a payables
report that I requested on November 4th in a letter to the Clerk.
COMMISSIONER HILLER: Before you go on, I just want to
clarify. You said -- you don't mean staff approval of a valid public
purpose. You mean the Board of County Commissioners' approval?
COMMISSIONER NANCE: Yes. I'm sorry if I misspoke, yes.
Page 60
June 14, 2016
COMMISSIONER HILLER: Thank you.
COMMISSIONER NANCE: Yes. The 16I1 that's been -- that
has been submitted under miscellaneous correspondence says report of
pre-audited expenditures for Board approval and Board finding of
valid public purpose.
Okay. The second report that we have on this agenda is under
16J3, and that is a payables report that the Clerk is forwarding to the
Board in response to the letter that we sent them, and this letter which
is before you kind of outlines those four bullet points. All of those
requests were within the scope of our interlocal agreement with the --
with the Clerk's Office and his responsibilities as an independently
elected constitutional officer.
The second bullet point is that -- was a request that the list of
payables be pre-audited by the Clerk prior to presentation to the Board.
And the third bullet point was to just emphasize that the report
will provide the Board the formal mechanism to meet its procurement
ordinance prior to payment, and the other one was just a request that it
be submitted on a regular basis. So the second report is the payables
report to the Board.
The third report is on this agenda, today's agenda, under 16J2,
now 13B, that is the disbursement report, and this disbursement report
that's before us today is for the period indicated May 12th to June 1st.
This disbursement report has been continued by this board
repeatedly and indefinitely seeking affirmation by the Clerk that all of
those expenditures in the disbursement report had previously been
approved by the Board and found by this board to have a valid public
purpose. So those are the three reports that we have.
What I'm seeking clarity on is their relationship, one to another.
So what -- Crystal, help me here. I would like to know if-- the report
of pre-audited expenditures that is the Judge Shenko Section 2C report
that's under 16I1 and the payables report to the Board that's provided
Page 61
June 14, 2016
under 16J3, do those reconcile? Are those -- I mean, other than -- you
know, I know it's a different field of information and a different level
of detail, but do those reconcile? Are they the same?
MS. KINZEL: And, Commissioner Nance, thank you. You had
canceled our meeting yesterday, so I was uncertain that this was on
here, but we'll try to answer.
The 16I1 report is your report according to Judge Shenko's order.
COMMISSIONER NANCE: Yes, ma'am.
MS. KINZEL: The 136 report is according to statute.
COMMISSIONER NANCE: No. I'm not asking about the 136
report. I'm asking about the payables report to the Board under 16J3.
MS. KINZEL: Right. If I could answer in this way: The 16I1
report is Judge Shenko's order which has been approved by this board
since July of last year.
COMMISSIONER NANCE: Yes, ma'am.
MS. KINZEL: The 136 report that is on your agenda has also
been approved by this board every meeting for years except for the
May 12th -- May 10th meeting. The disbursement -- the payables
report that you're asking in No. 3 was pursuant to your letter and
pursuant to the response that the Clerk made to your letter.
Because this has now gone to litigation, county staff had asked
these similar questions. We responded to county staff that we were not
going to explain them further due to the litigation that has been filed.
We see this as another way to try to get information that was
readily apparent, was agreed to, has been approved by the Board
consistently.
So I'm not going to make comment on each of the reports at this
time because it is in the courts.
COMMISSIONER NANCE: The content of these reports is in
the courts? How is the content of the reports in the courts, ma'am? It's
not -- the report is what it is. I'm asking you if the two reports
Page 62
June 14, 2016
reconcile one to another. Are they overlapping? And if they are, I'm
gratified. If they're not, I just wanted to know why we're -- why we
would get -- why they would not reconcile. I'm just requesting
information if they reconcile.
MS. KINZEL: Each report stands alone on its identified
information.
COMMISSIONER NANCE: So they don't necessarily reconcile?
COMMISSIONER HENNING: No.
MS. KINZEL: I'm not saying that, Commissioner. I'm saying
we're not going to comment on the questions that you've asked in the
details of the report. Each report is in compliance with the item as it's
been identified on each and every one of your meetings and as you
have approved consistently.
COMMISSIONER NANCE: You know, my only comment is
that for me, as a commissioner, I'm not seeing an agenda item coming
forward on these reports that clearly indicates the relationship of one to
another, what we can rely on, how they differ, how -- you know, I
realize that different information is being presented, and I respect that.
Some of that is at the request of the commissioners that -- you know,
comments that have come from this board from time to time.
But I don't know how we're supposed to act when we -- you
know, the Board of County Commissioners decision-makes best based
on the recommendation of professionals. This is not work that we do.
We have to act based on the recommendation of the county staff,
and we certainly have to act based on the recommendation of the Clerk
of Courts who's providing an essential check-and-balance to us and
providing assistance to us to decision-make.
So if we're not getting a clear recommendation to staff, which
we're not getting on these -- on these agenda items, I don't know how
we're supposed to thoughtfully and decision-make well when I
certainly can't wade through an extended hundreds and hundreds of
Page 63
June 14, 2016
entries, and I don't think any of the other commissioners here can tell
you that they can either.
I would like some assurance and some affirmation from the Clerk
that these reports reconcile, and I would certainly like affirmation from
the Clerk that the disbursement report which is required under Statute
136.06 does not include any -- and the Clerk has said over and over
and over that the Board of County Commissioners must approve all
expenditures and declare that they meet a valid public purpose.
I would like affirmation, for example, on this 16J2 item, which is
the statutorily required report -- I would like an attestation from the
Clerk that each and every one of these disbursements that have been
made has, indeed, been approved by this board and that the Board has,
likewise, found each and every one of them to have a valid public
purpose. I would like that to be included in this report going forward.
COMMISSIONER HILLER: I have --
COMMISSIONER NANCE: I think it's only fair.
You know, we have had this essential and critical report
submitted under miscellaneous correspondence, which I think is
absolutely ridiculous, and I'll deal with that in a second.
But I would like affirmation from the Clerk through his authority,
and I think it's his statutory authority and responsibility. You know, he
has argued before us numerous times that that's the case. Well, let him
stand up and affirm for us, for this board to make this decision before
we accept this disbursement report, that these -- that these minimum
requirements have been met.
Is he willing to do that?
MS. KINZEL: Commissioner Nance, each and every one of the
reports that have been put on your agenda items each and every board
meeting meet exactly what requirements have been stated.
Judge Shenko's order was specific as to what was to be processed
and presented. We do that under 16I.
Page 64
June 14, 2016
COMMISSIONER NANCE: I'm good with that.
MS. KINZEL: That statute is 136.
COMMISSIONER NANCE: Okay.
MS. KINZEL: The item that's presented to you is in compliance
with that statutory requirement. The disbursement report is in
compliance with the letter of your request and in combination with the
Clerk's response to your request.
I can't say it any clearer. It's been on there. You've approved it
routinely for the 136 and the court-ordered report. Those have been in
the courts, and they have been specifically addressed in quite a bit of
detail. That's why we're not, at this point, going to comment any
further on the content because you had filed the order. Filed a -- I'm
sorry -- filed additional litigation.
COMMISSIONER NANCE: Well, it is beyond my ability as a
commissioner to determine if these two differing reports reconcile. I
simply cannot wade through it.
Mr. Ochs, can you -- can you assure me, sir, that these -- that
these reports reconcile? I mean, would you comment on this? I'm at a
loss to say that I have comfort on this the way we're going forward.
MR. OCHS: Commissioners, I can't make that -- or give you that
assurance. I think that's the reason why you're having this discussion
as it relates to the various reports.
I will only make a couple of comments. And my overarching
concern all along has been that the Board is put in a position to comply
with your own procurement ordinance, and that requires, that
ordinance, which -- since 2013 has had a requirement that prior to
payment every expenditure of the Board shall be accompanied by a
finding that it serves a valid public purpose, and then the Board
authorizes the Clerk to make disbursement, okay. So that's the
overarching concern.
So we have the miscellaneous correspondence item which
Page 65
June 14, 2016
purportedly is supposed to be in compliance with Judge Shenko's
agreed order.
So you can see that Item 2 says for the pendency of the lawsuit,
and now the appeal that's been filed by the Clerk, that the parties shall
perform pre-audit and payment functions as follows, okay, A, B, C, D,
E, F.
Okay. What you have is A, B, and C, and C takes the form of a
report by the Clerk on miscellaneous correspondence that essentially is
a letter from a member of the Clerk's operations staff or finance staff to
a member of the Clerk's minutes and records staff telling them to put
this report under miscellaneous correspondence.
My concern is that there is no action item there of the Board. It's
simply a filing under miscellaneous correspondence. If this is intended
to satisfy the requirements of this ordinance, when you get down to D
you see that the Board must approve the expenditures that were
pre-audited and find a valid public purpose. Because that hasn't been
done on this miscellaneous correspondence item and because of that
concern, the Board directed then Chairman Nance to write a letter to
the Clerk asking for a complete list of pending payables pre-audited so
that they could use that as the basis on which to make their finding of
valid public purpose and then ask the Clerk to make disbursements
under the 136 report.
Unfortunately -- and, again, this is I think why there's some
question. When you look at the payables report executive summary
that comes every time, again, the recommendation is "none" on the
bottom. There is no -- there's no action item. It's providing a report.
And it says in that paragraph -- the way I interpret that, it says the
Clerk will promptly conduct his pre-audit once sufficient information
and Board approval has been provided.
To me that tells me that those payables in that report have not yet
been pre-audited by the Clerk, and that is a fundamental requirement,
Page 66
June 14, 2016
and has been of this board, that any payables that are brought to you to
make your finding of valid public purpose must first have undergone
the pre-audit by the Clerk.
So I have no idea whether these are pre-audited or not.
COMMISSIONER NANCE: Well, my concern, sir, is that we
have an agenda item. If it's an action item that relates to our approval
and/or declaring that it has a valid public purpose --
MR. OCHS: Yes.
COMMISSIONER NANCE: -- we have a number of different
things we're trying to be consistent with. We're trying to be consistent
with the Clerk's finance and accounting policy. We're trying to be
consistent with our procurement ordinance. We're trying to be
consistent with Judge Shenko's order. We're trying to be consistent
with Florida Statute 136.06, okay.
So I don't think it's a lot to ask that we have these reports
structured in a way so that the Board can clearly understand how one
relates one to another, what it is as the action item by the Board, and
what the recommendation is by staff and what the recommendation is
by the Clerk of Courts.
I don't think it's too much to ask that we get this cleaned up a little
bit. I'm just seeking clarity because I can't make heads or tails of this.
We've --
MR. OCHS: Commissioner, if I might, in that regard, I think
when you sent your letter back in November, this letter, there are a
number of attachments to this letter that were designed to try to add
clarity for the Clerk and his staff about what you were looking for.
COMMISSIONER NANCE: You and I sat down and came up
with some examples that we thought were workable examples so we
could get this process cleared up.
MR. OCHS: That was the suggested executive summary
language that would allow you to comply with your procurement
Page 67
June 14, 2016
ordinance, okay. And you can see clear action there that would come
from this report but, instead, the payables report come (sic) to you like
this with no assurance that they've been pre-audited and no
recommendation for action.
COMMISSIONER NANCE: Yeah, that's --
MR. OCHS: And that's --
COMMISSIONER NANCE: -- the discussion of issues that are
pending. That's not an action item for the Board to keep our process
moving forward, nor the Clerk.
CHAIRMAN FIALA: Crystal Kinzel wanted to make a
comment.
MS. KINZEL: Yeah. And thank you, Commissioner Fiala.
You know, this entire conversation is just a bit disingenuous, Leo.
The reports have been explained previously on different occasions
regarding what they are.
The item that is under miscellaneous correspondence clearly says
that it is for Board action to approved the items attached pursuant to
the court order.
Now, you know, I have to clarify some of the things that get put
on the record, but to do it in this forum now that there is pending
litigation and that you've been approving these reports repeatedly since
last July in agreement to the Court order is, you know -- I don't even
know what to say about that, quite frankly.
So I cannot comment on the content. It's clearly defined in the
items that are presented. They are in compliance with those items as
presented and, thank you, Commissioner.
MR. OCHS: Commissioner, just let me say that you have not
been routinely approving these reports. In fact, you've been continuing
indefinitely the payables report ever since it was presented trying to get
an explanation of whether you have pre-audited payables in front of
you or not.
Page 68
June 14, 2016
And with regard to the disbursement report, we're adding that
"valid public purpose" language to it at the beginning of the meeting
every meeting just in a feeble attempt, frankly, to try to help you
comply with your ordinance, even though that's a report of
expenditures that have already been made, so...
COMMISSIONER NANCE: Exactly, sir, and that's the reason
that I have some anxiety about it, because it all relates back to, well,
you know, we discussed this two or three or four times or we did it on
the fly or we continued something at the beginning of the meeting or
made a clarifying statement or something. That's really not doing
anything for us here. We don't have a nice, cohesive body of agenda
items with recommendations so we can go back in the future at any
time and rely on anything.
So I don't know what to say. Ms. Kinzel doesn't want to even --
COMMISSIONER HENNING: May I speak?
COMMISSIONER NANCE: No, sir. I'm not done yet,
Commissioner.
COMMISSIONER HENNING: I can probably clear -- clean it
up for you.
COMMISSIONER NANCE: Tell me.
COMMISSIONER HENNING: All right. Statute 136 is Statute
136.
COMMISSIONER NANCE: Got it.
COMMISSIONER HENNING: That should be disposed of.
That item should be approved.
Now, we get an email, and it's put on the agenda in miscellaneous
correspondence per the judge's order, okay. So per the judge's order
it's saying the Clerk receives the invoice, the Clerk performs his
pre-auditing process. Again, the correspondence is per the judge's
order. So that has already been done.
And then the Clerk places the approved pre-audited expenditures,
Page 69
June 14, 2016
the ones that he doesn't object to. So those are already done,
Commissioner.
COMMISSIONER NANCE: I got that, sir, but the 136 is not
already done.
COMMISSIONER HENNING: Well, no. The 136, those -- yes,
they have. Those payables -- what is your name? Can you come up to
the podium, please? No. All right.
So the 136, those checks have already been issued.
COMMISSIONER NANCE: Sir, I understand that.
COMMISSIONER HENNING: And a lot of those are under
contracts that the Board already approved.
COMMISSIONER NANCE: I got it.
COMMISSIONER HENNING: So that's a valid public purpose
when the Board approved the contract.
Jeff, am I right? When the Board approves the contract, is that a
valid public purpose?
MR. KLATZKOW: You cannot -- you cannot approve a contract
without the implicit finding that it serves a valid public purpose.
COMMISSIONER HENNING: Okay. And so, again, those are
already done.
So the only thing that I'm seeing here different, what I'm hearing
from the County Manager, is put the whole list on the Board's agenda
instead of a link. Is that what you want?
MR. OCHS: Sir, I think what Commissioner Nance's letter said
the Board wanted was a comprehensive list of pending payables that
have been pre-audited by the Clerk and are ready to be disbursed.
COMMISSIONER HENNING: Per the judge's order.
COMMISSIONER NANCE: No.
MR. OCHS: No, per your purchasing ordinance so that you --
COMMISSIONER HENNING: And he's done that, and the
Board has said, well, we don't like that, and we're going to continue it
Page 70
June 14, 2016
until it's all pre-audited.
COMMISSIONER NANCE: No, Commissioner. What I'm
asking is, I'm asking if the report that's being delivered to us reconciles
with the pre-audited expenditures that are submitted under Judge
Shenko's order. All I'm asking is if it's the same report. If it's the same
report and those reconcile and everything is on there, then I am
absolutely delighted.
But I'm fearful that that's not the case. I'm also fearful because
the Clerk just refuses to attest to it that what's being reported in the
disbursement report has not, indeed, been approved by some process
that the Board has approved and found to have a valid public purpose.
If they'll attest and reaffirm that that report under 136.06 is that
way, I'm delighted. I'm delighted. That gives me a great deal of
comfort. It makes it easy for me.
COMMISSIONER HENNING: Well, you know --
COMMISSIONER NANCE: But I don't know what the -- I don't
know --
MR. BROCK: May I respond to that?
COMMISSIONER HENNING: 136 has been on the Board's
agenda forever.
MR. BROCK: May I respond to that, Madam Chairman?
136.06 report is a statutory report spreading the expenditures and
a list of the expenditures across the minutes of the Board, and that is it.
That's the checks that we have paid, period. That's the way it's defined
in 136.06.
COMMISSIONER NANCE: Okay.
MR. BROCK: It has been there, Commissioner, for years and
years and years. It's not changed.
COMMISSIONER NANCE: I understand that.
MR. BROCK: Okay.
COMMISSIONER NANCE: I understand what it is. I'm asking
Page 71
June 14, 2016
you as -- excuse me -- as a professional that's giving me advice so that
I can decision-make, if, indeed, you can confirm with me that each of
those has been approved by the Board and found during one of the
processes approved and agreed upon to have a valid public purpose?
MR. BROCK: Yes.
COMMISSIONER NANCE: So --
MR. BROCK: Those are the checks that we have issued based
upon --
COMMISSIONER NANCE: Okay.
MR. BROCK: -- the agreed-upon order. Now, if the
agreed-upon order directs me to --
COMMISSIONER NANCE: No, I'm not talking about the order.
I'm talking about 136.
MR. BROCK: Commissioner, don't stop me. If you want an
answer, let me finish, okay?
The order directs me not to consider public purpose whenever I
go through that.
COMMISSIONER NANCE: I'm talking about 136. You
changed --
MR. BROCK: No. I'm talking about 136. That's what you were
talking about.
COMMISSIONER NANCE: The disbursement report?
MR. BROCK: That's correct. And I'm disbursing based upon the
order of the Court --
COMMISSIONER NANCE: Okay.
MR. BROCK: -- that was issued by Judge Shenko.
COMMISSIONER NANCE: Okay.
MR. BROCK: That is the process we follow by court order.
You-all seem to have a problem with these court orders.
COMMISSIONER NANCE: No, I've got no problem with the
court order. I'm just trying to determine what the report is and what it
Page 72
June 14, 2016
is not.
MR. BROCK: Read 136.06 --
COMMISSIONER NANCE: No, sir. I'm asking --
MR. BROCK: -- and you can determine exactly what it is.
COMMISSIONER NANCE: I'm not a lawyer, sir. I'm asking
you as somebody -- excuse me. Excuse me.
MR. BROCK: I would assume you're capable of reading.
COMMISSIONER NANCE: I'm asking you for your
professional advice. That's what you're supposed to help us with, sir,
under the interlocal agreement. I understand there's a statute there.
You're part of this government and supposed to help. I'm asking you
for that. I'm just asking you for a simple, common affirmation.
Maybe it's too simple for you, but it would be very, very helpful
to me, and I think helpful to others. It's not an onerous request, I don't
think, at all. And I think it's perfectly logical, and it's something that is
going to lend clarity to this whole process. That's all I want to do.
All I want to do is make it clear. I don't want you to refer me to a
law. I don't want you to remind me. All I'm doing is asking you a
question, and hoping that you will indulge me with just an honest,
common answer.
MR. BROCK: Commissioner, the 136 report is nothing more
than spreading the checks across the minutes of the Board --
COMMISSIONER NANCE: I got it.
MR. BROCK: -- that we have written. That's it. The chairman
and co-chairman has signed, and we have signed as well. That's all it
is.
We're not asking you to approve it. All we're asking you to do is
-- it's been spread across the Board --
COMMISSIONER NANCE: Okay.
MR. BROCK: -- minutes. That's it. That's the 136 report.
COMMISSIONER NANCE: Well, I'm going to make a motion
Page 73
June 14, 2016
COMMISSIONER HILLER: Before you make a motion, can we
continue having discussion?
COMMISSIONER NANCE: Yeah, let's go ahead and have a
discussion.
CHAIRMAN FIALA: Okay. So, Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you very much.
Leo, I completely understand what Commissioner Nance is
raising. And his concern, from having heard what he just said, is we
don't know that the disbursements that the Clerk is reporting on the
136.06 report have, in fact, been approved as to valid public purpose
by the Board ahead of disbursement, and we don't know that these
disbursements made by the Clerk on this 136.06 report have been
approved by the Board for payment.
The Clerk of Courts cannot usurp the Board's authority in
deciding whether or not public funds should be spent on an
expenditure, only the Board can do that, and that is why we have an
ordinance that provides with specificity that there shall not be any
expenditure made by this board ahead of, number one, the pre-audit
being completed by the Clerk and then the Board making a
determination that a valid public purpose was served and then
authorizing the Clerk to make payment of public funds for these
expenditures.
And so I believe, from having listened to what Commissioner
Nance is asking, is that he has a very valid concern that what is on this
disbursement report has not gone through the process defined by law.
And so, Leo, can you tell me whether or not you have identified
expenditures that have been paid by the Clerk as reported in this
136.06 report that did not beforehand come to the Board for a
determination that there was a valid public purpose to the proposed
expenditure and -- or to the expenditure, I should say, and that there
Page 74
June 14, 2016
was -- and that the Board did approve for payment?
Has the Clerk essentially made payments ahead of the Board's
approval as required by our local law?
MR. OCHS: I believe some of the electronic fund transfers, I
haven't been able to reconcile those having received the Board's
declaration of valid public purpose before the disbursement was made.
So those, I think, are the questions that I have. I don't know if the
Board has that same question. But your procurement ordinance doesn't
say "prior to contracting." I'm reading it, prior to payment the Board
shall approve all expenditures, expenditures --
COMMISSIONER HILLER: Correct.
MR. OCHS: -- with a finding that such expenditures serve a valid
public purpose.
COMMISSIONER HILLER: Correct.
MR. OCHS: I'm simply trying to get clarification for the Board.
And the question is, is every disbursement on that 136 report first
undergoing that valid-public-purpose finding?
COMMISSIONER HILLER: And if I understand, what you're
saying, Leo, is based on your review, based on these questions raised,
you have come to the conclusion that there are electronic fund transfers
that the Clerk has basically authorized ahead of the Board approving
that those electronic fund transfers, which are payments, were
approved by the Board as to valid public purpose and approval for
payment by this board?
MR. OCHS: Yes, ma'am. And, again, not to belabor this, but my
overarching concern, as I said, was there has not been a report that I've
seen that allows the Board to satisfy its requirement under its own
procurement ordinance.
COMMISSIONER HILLER: I don't see it either. There's no
question that it's not here.
MR. OCHS: I'm just trying to get to that.
Page 75
June 14, 2016
COMMISSIONER HILLER: And I would absolutely agree with
you.
So, essentially, we have a problem here because, Clerk, it appears
that you're making payment without approval by the Board ahead of
the Board's approval, and that is not appropriate, because we have a
law that makes it clear that you cannot make any payments of public
funds until the Board has approved that the expenditure is for a valid
public purpose, and the discretion is the determination of validity, not
public purpose but validity of public purpose and, secondly, that we as
a board approve the spending of public funds for that particular
purchase of goods or services. And it appears you are not following
that law.
MR. BROCK: Well, you're appearances are incorrect.
COMMISSIONER HILLER: Well, according to --
MR. BROCK: We are following that law.
COMMISSIONER HILLER: According to the County Manager,
you're making electronic fund transfers ahead of the Board's approval
MR. BROCK: Well, Commissioner --
COMMISSIONER HILLER: -- of spending.
MR. BROCK: -- your County Manager is wrong as well.
COMMISSIONER HILLER: County Manager, would you go
ahead and coordinate with the Clerk after this discussion and show him
the electronic fund transfers that you believe he has made that were
done ahead of the Board's approval and authorization of spending?
MR. OCHS: The Board's finding of valid public purpose?
COMMISSIONER HILLER: And authorizing him to spend the
public funds to pay for the goods and services --
MR. OCHS: Sure.
COMMISSIONER HILLER: -- if you would.
CHAIRMAN FIALA: Commissioner Henning?
Page 76
June 14, 2016
COMMISSIONER HILLER: Can I continue? I just wanted -- I
have to take it item by item here because I completely understand
where Commissioner Nance is going. It's very, very concerning.
MR. BROCK: I'm sure since you do, one of these days you will
try to explain it to my staff, because we don't.
COMMISSIONER HILLER: Continuing with the item which
was moved from 16I1 under miscellaneous correspondence, there is no
action taken by the Board with respect to miscellaneous
correspondence based on what is on our agenda. And this is nothing
more than, as I understand, what would be the list of expenditures
which had been pre-audited by the Clerk that are under 50,000; that,
according to the judge's order, he is -- the Clerk is required to place all
pre-audited expenditures for which the Clerk's only objection is lack of
specific Board approval and Board's finding of a public purpose, which
are the expenditures -- which, quite frankly, are all the expenditures,
right? Because there are no expenditures which have been approved as
to the validity of public purpose, and --
MR. BROCK: That statement is so wrong.
COMMISSIONER HILLER: -- for finding -- and for a finding
that spending is authorized.
MR. BROCK: So wrong. You're sitting up here every day and
approve things --
COMMISSIONER HILLER: No, we don't approve --
MR. BROCK: -- for a public purpose.
COMMISSIONER HILLER: No, no, we don't.
MR. BROCK: You do.
COMMISSIONER HILLER: Not under miscellaneous
correspondence. Leo, do we approve --
MR. BROCK: Miscellaneous correspondence.
COMMISSIONER HILLER: Let me --
MR. BROCK: Commissioner, read the order.
Page 77
June 14, 2016
COMMISSIONER HILLER: No, I'm not reading the order. I'm
reading --
MR. BROCK: I understand you're not.
COMMISSIONER HILLER: I'm reading --
MR. BROCK: That's the point I'm trying to make.
COMMISSIONER HILLER: Okay. Because miscellaneous
correspondence is what we're addressing, a schedule called
miscellaneous, or an agenda item called miscellaneous
correspondence, which includes this report, but we don't take action
under miscellaneous correspondence. It is merely there. There is no
action taken. It is allegedly a report that is supposed to conform with
the judge's order, but no action is taken on this.
Is that correct, Leo? It's there for informational purposes?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Okay. So no action is taken under
miscellaneous correspondence.
MR. BROCK: You need to read the letter that accompanies that.
COMMISSIONER HILLER: Could you put the letter up? I'd
like to see it. And I have to -- I'm almost done, but I do need to finish
this. I just need to understand.
MS. KINZEL: It's on the overhead.
COMMISSIONER HILLER: Okay. So it says, attached are the
special interim reports as provided for in Section 2C of the
agreed-upon order.
MR. BROCK: You left out the "re."
COMMISSIONER HILLER: It says, regarding items to be
authorized by CCC (sic) for payment, but it's not requested as an action
item. You know, "regarding" is not what we act upon.
MR. BROCK: May I read the order?
COMMISSIONER HILLER: Oh. No, no. Go ahead. Well, let's
finish reading the letter. Please place these reports in this
Page 78
June 14, 2016
correspondence on the miscellaneous correspondence section of the
next meeting agenda of the Board of County Commissioners. If you
have any questions, let me know.
It doesn't require -- it doesn't request action. There's no executive
summary attached. There is no direction on your part or on the part of
the Board to in any way formally take any specific action on
miscellaneous correspondence and, as a consequence, no action has
been taken since this report was placed on the agenda; is that correct,
Leo?
MR. OCHS: That's correct.
COMMISSIONER HILLER: Okay.
MR. BROCK: Not.
COMMISSIONER HILLER: So then the next item is what is
now 13C, which is 16J3, to provide the Board a payables report as of
June 8, 2016, pursuant to the Board's request.
And that's the report which is to include everything that has been
pre-audited by you, Clerk, and for us to, following your pre-audit,
make a determination that the goods and services procured serve a
valid public purpose and that we as a board authorize you to make
payment of all those payables, which I assume, Leo, would include
everything from, you know, one dollar to millions; is that correct?
That's what it should include.
MR. OCHS: Commissioner Nance's letter to Mr. Brock had
asked, in preparing and placing on the Board's meeting agenda
payables report for use in satisfying certain requirements in our
procurement ordinance. So the intent, I believe, from the Board was to
have a full comprehensive list of--
COMMISSIONER HILLER: Right.
MR. OCHS: -- payables that were pending disbursement but only
needed -- that had been pre-audited but only needed the Board's
declaration that they served a valid public purpose --
Page 79
June 14, 2016
COMMISSIONER HILLER: Which is every --
MR. OCHS: -- to satisfy your procurement ordinance.
COMMISSIONER HILLER: Absolutely. And, obviously, we
have to have the Clerk pre-audit these before we make the final
determination that a valid public purpose was served, because he needs
to ensure, through his inquiry or observation or whatever tests he used,
that the purchased goods or services were, in fact, for a public purpose
as opposed to a private purpose, and then we declare that it served a
valid public purpose as was intended, and then authorize payment.
And is that -- what does that report now include, Leo, the
payables report? What is your impression of what it includes?
MR. OCHS: My understanding is that it is a report that is
essentially identical to the miscellaneous correspondence report except
it has more fields of information, but I think that's the clarification, or
one of them, that Commissioner Nance was asking for.
COMMISSIONER NANCE: I am --
COMMISSIONER HILLER: So what does it include?
COMMISSIONER NANCE: Excuse me, Commissioner Hiller.
Can I just add --
COMMISSIONER HILLER: Yeah.
COMMISSIONER NANCE: I'm just trying to be able to
reconcile these different reports and come out of it with a
recommendation from somebody on what's appropriate.
COMMISSIONER HILLER: That's what I'm trying to do.
COMMISSIONER NANCE: This is one of the few examples
that I've gotten as a commissioner where we get a lot of data but I'm
not getting a nice executive summary that says, hey, here's the data,
take a look at it. I've looked at it. I'm the professional. This is what
I'm recommending that you do in your consideration. I would love to
have that.
But I cannot reconcile these three reports. If any one of these
Page 80
June 14, 2016
commissioners on this dais can do so, I would love to have you speak
up at this time and tell me how you can reconcile them, because I can't.
I cannot reconcile them.
COMMISSIONER HILLER: They can't be reconciled. They
can't. So let me just go back to what -- I'd like --
CHAIRMAN FIALA: Are you close to finishing?
COMMISSIONER HILLER: Almost; I am. I just wanted to
explain. I mean, this is --
CHAIRMAN FIALA: I have other people waiting.
COMMISSIONER HILLER: I understand, and I apologize, but I
do want to address this. It's very important. While we believe that this
payables report is what is pre-audited and that it is the comprehensive
list of what is intended to be paid, which is what should then
subsequently appear on the 136.06 disbursement report, and that the
only thing that is before us is for us to state that it serves a valid public
purpose to pay for these expenditures and that we approve payment,
what we just heard this morning from Ms. Kinzel is very much the
opposite.
We just heard that this payables report is not pre-audited, and she
said that no action was required by the BCC or the Clerk, and this is
the item that, as a result, we continuously continue, so we don't even
approve it.
So very clearly -- I don't know what the Clerk is presenting, but it
makes no sense. At a minimum, we certainly -- and I'm going to come
back to this after the others speak, Commissioner Fiala, but we have a
problem because there is an item on the disbursements report for this
week that we cannot approve, and it goes to the BQ Concrete invoices
and credit memos. And I'll address that after because it's something,
since this issue --
CHAIRMAN FIALA: I put your name down below the others.
COMMISSIONER HILLER: Thank you. I appreciate that.
Page 81
June 14, 2016
Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I think this is more of a --
MR. BROCK: May I respond?
COMMISSIONER HENNING: Yeah. This is more of a
campaign issue.
MR. BROCK: This is total nonsense. Now, let's think about this
for a moment. This order was entered into on July 16th. That was the
only report that was there other than the 136 report.
It went to the Board of County Commissioners, you-all approved
it, we paid the bills, as was the directed by the order. That went on for
weeks and weeks and weeks and weeks.
Then I get a letter from Commissioner Nance wanting me to
create another report. I created another report. The report that you've
got to start with has not changed since July the 16th. You-all were
approving it all along for us to make the payments.
All of the items that get paid are not on that payables report. If
you read what the payables report said, it says, for the remaining
pendency of the lawsuit, the parties shall perform the pre-audit
function payments as follows: Invoices received by the county clerk,
Clerk performs pre-audit process; Clerk places the approved pre-audit
expenditure. The only objection -- for which the Clerk's only objection
is the lack of specific Board approval. If there's no objection, it doesn't
go on there, okay -- on a report to the Board of County
Commissioners.
The only way I have of communi -- I mean, of communicating to
the Board of County Commissioners as a body politic is through
communications. That's the only method by which I have to
communicate to the body politic, so we did it.
Then the Board approves the expenditures. That's the way the
process works. It started out on July the 16th that way. It has
Page 82
June 14, 2016
progressed that way up until today. And the only reason that we are
going through this here today is because you-all have filed some silly
little motion in court that you-all are trying to justify why you did it.
And we're going to get an opportunity to address that in court.
But this is absolute and total nonsense. Nothing has changed from
day one.
COMMISSIONER HENNING: Let me finish, Commissioner
Fiala.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: The -- again, it's -- 16J2 has
always been on there. It hasn't changed. I mean, it was there prior to
the lawsuit. The lawsuit addresses staff-approved contracts. That's
what the lawsuit is all about.
The interim agreed upon, which would be Leo and Markiewicz's
attorney and the Clerk's attorney, is he'll put them on the agenda after
he pre-audits so the Board can find the valid public purpose, and that is
16J1.
COMMISSIONER NANCE: Il.
COMMISSIONER HENNING: I1. That's what I wrote down
there, but I said J. The 16J, what is it, 3 --
COMMISSIONER NANCE: Yeah.
COMMISSIONER HENNING: -- is what the Board wanted.
COMMISSIONER NANCE: Right.
COMMISSIONER HENNING: It was there. And the Board has
-- hasn't approved that. They said, no, we need some more
information. We want you to pre-audit it first.
Well, we can continue to do that or just say to the Clerk, through
the majority of them, don't put 16J3 on there anymore. Don't put it on
there because it's not a requirement.
COMMISSIONER HILLER: It is a requirement.
COMMISSIONER HENNING: The only thing -- what has to be
Page 83
June 14, 2016
done is the Board needs -- since he can't spend money, he can't -- well,
that's going to be determined in the court. We know that we have the
authority to spend monies. We need to find that valid public purpose.
That's the only thing that needs to be on the agenda. It's on -- it's in the
order, okay. So if you want to do something different, go to the judge
and say you want to do something different before we do it different.
That has to be approved.
136 is not questionable. It's not questionable whether it's a valid
public purpose or not. Let's not confuse this. Let's get this done.
CHAIRMAN FIALA: Yeah, go ahead. Did you want to say
something, Leo; is that why you were looking here?
MR. OCHS: Well, I think I just heard Mr. Brock say that not all
of the expenditures that appear on the disbursement report are on his
payables report.
MR. BROCK: What is the disbursement report, Leo? Is it J2?
MR. OCHS: The 136 report, sir, the one that --
MR. BROCK: That is a correct statement of fact.
MR. OCHS: Okay. So, again, going back to my concern.
Section F of your procurement ordinance since 2013; prior to payment,
the Board shall approve all expenditures, not all contracts, not all
purchases, all expenditures with the finding that such expenditures
serve a valid public purpose. Where -- where is that being done?
MR. BROCK: Let me answer that since I'm the one doing it. I'll
be more than happy to answer that.
You stand up here, you argue, you talk, you discuss, you decide
I'm going to enter into a contract with Joe whoever, and the contract is
going to be for $1 per day. You have -- and this contract is for you to
do something that has a purpose, okay. I'm assuming you're making
the determination that it has a public purpose when you agree to do
that.
It then comes to the Clerk. The Clerk audits that to ensure that
Page 84
June 14, 2016
we got what it was that we agreed to and that it has a public purpose.
Once that is done, we now have the public purpose approved, we
have the expenditure approved through the contract, and we have now
made payment after Clerk's audit.
That's the way the process should work. You-all want to
bastardize it to the point that, you know, the Clerk makes all of the
determination. How in the world would you think that I would be able
to make the determination of what purpose you spend money for? I
didn't spend it, so how would I know what you spent it for? I can't do
that until after you have made that determination. And I'm the auditor,
not a decision maker. Wow.
COMMISSIONER HILLER: And that's the problem, because
you are making that determination ahead of our determination, and you
are making expenditures ahead of our approving the use of those
public funds -- or you are actually making disbursement of public
funds ahead of our approval of the spending of public funds for those
expenditures, and that is what's going on. And you can't do that.
CHAIRMAN FIALA: Commissioner Hiller --
COMMISSIONER HILLER: You are usurping the Board's
spending authority, and that is not legal.
CHAIRMAN FIALA: Commissioner Hiller, Commissioner
Taylor is first.
COMMISSIONER HILLER: Yeah. I apologize. Go ahead.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I had several questions
along, but I'm going to make a statement.
I apologized to those young people there, and I basically told
them we're a bunch of children sitting up here acting like adults --
pretending we're adults.
This is a political discussion that has no purpose. This whole
thing was staged. Commissioner Nance brings up his comments.
Page 85
June 14, 2016
County Manager has everything ready. Commissioner Hiller is
accusing the Clerk of dishonesty. What else is going to happen?
Thank God we don't have very many meetings left. I think we should
be ashamed of ourselves.
This is no position here. I think -- I think that there is a way to
solve this. If we have to go back to court, we go back to court. But as
far as I'm concerned, I do not believe the Clerk is making illegal
expenditures. I believe his record for the time he's been in office will
attest to his honesty and his straightforwardness when he deals with
taxpayers' money, and I wish more of us were concerned about
taxpayers' money as Dwight Brock is.
Thank you.
CHAIRMAN FIALA: Okay.
MR. BROCK: Thank you, ma'am.
CHAIRMAN FIALA: Now Commissioner Hiller.
COMMISSIONER HILLER: Thank you. May I? Commissioner
Fiala, may I speak?
CHAIRMAN FIALA: Yes. I said "Commissioner Hiller," but I
probably don't sound very good today.
COMMISSIONER HILLER: That's all right.
This is a very important issue. And what the County Manager has
highlighted in light of Commissioner Nance's questions raised, which
are valid questions, is that there has been a spending of public funds
ahead of the Board's approval of that spending. And we have a law
that is clear that requires the approval by the Board ahead of spending.
We have -- and let me just summarize it briefly. The Board has,
through its ordinance, appropriately, within a narrow framework,
delegated administrative purchasing authority under 50,000 to staff,
but staff does not have the ability to authorize payment on those
expenditures. Those expenditures under 50 are then subject to pre-
audit as was pointed out in Judge Shenko order, and then they come to
Page 86
June 14, 2016
the Board for approval as to the validity of public purpose and
authorization of payment, which is the spending authority reserved to
the Board that is discretionary.
So, very clearly, the framework is legal, very clearly, the
framework is articulated in our local ordinance and supported by state
statute and, very clearly, as to expenditures that are being paid for that
are not following this process, whether it's one dollar or a hundred
thousand or a million dollars, if the Clerk is, by way of electronic fund
transfers, making disbursements ahead of our approval of spending of
public monies, that is a problem.
If the Clerk is making payment ahead of the Board's
determination of the validity of the public purpose that he has
identified as a course of-- through the course of his pre-audit, that is a
problem. That can't be.
By way of example, we did not approve on any report that
invoices that had been submitted by BQ Concrete could be reversed
into credit memos and applied towards a garnishment order against the
Clerk where he should have joined us as indispensable parties given
that the bank accounts are in the name of the Board of County
Commissioners not in the name of the Clerk and that, again, any
expenditure has to be approved ahead of time for payment by this
board.
And he went ahead and he, nonetheless, made payment to Liberty
Concrete, and that's on this disbursement report. So we cannot
approve the disbursement report as to the payment to Liberty Concrete.
Just like we did not approve anywhere payment to BQ Concrete on any
report at any time, nor did we at any time approve that payments owed
to BQ Concrete could be reversed and treated as credit memos and
made payable to Liberty.
So, I mean, as a minimum example, this is what's going on, and
we have a problem right now because of it. And we're now in court
Page 87
June 14, 2016
because of this improper payment. So we can't approve --
MR. BROCK: That's why we're here, Commissioner? All of
you? That's what's going on?
COMMISSIONER HILLER: No, we're just --
MR. BROCK: And we are going to deal with that in court. I
assure you, we're going to deal with that in court.
COMMISSIONER HILLER: And you failed to tell the judge --
MR. BROCK: All of that is just absolute hogwash.
COMMISSIONER HILLER: It's not hogwash. You knew --
MR. BROCK: Yes, it is, Commissioner.
COMMISSIONER HILLER: You're an attorney. You know it
isn't.
MR. BROCK: You're just playing games, and I understand that.
CHAIRMAN FIALA: Okay. Let's move on to Commissioner
Nance.
COMMISSIONER NANCE: Okay, okay. I'm -- you know, my
request -- and, you know, we -- I sent a letter last November to the
Clerk. The Clerk has been providing a payables report. For those of
you that look at that payables report, it's loaded with information. It's a
wonderful report. I actually like it a great deal. It's got a lot more
information than the report of pre-audited expenditures that have been
filed under miscellaneous communication. I like the report.
It's the sort of thing that I as a commissioner want to see to help
me understand some of those items, because I can't -- the amount of
information that's in the pre-audited expenditures report and the
agreed-to order from Judge Shenko is not in that format. It's a
completely different format. If those two things reconciled, I would be
delighted.
MR. BROCK: They are totally different, Commissioner. One
has no relationship to the other.
COMMISSIONER NANCE: Well, I mean --
Page 88
June 14, 2016
MR. BROCK: One is all invoices that have come into our office.
The other one is the items that have been directed by me -- by the
Court to me to present to you for the Board's approval --
COMMISSIONER NANCE: Right.
MR. BROCK: -- pursuant to his order.
COMMISSIONER NANCE: So I'm trying to get my head
around this payables report that you're sending to the -- that you're
sending to the Board.
MR. BROCK: It has every invoice that comes into my system on
it.
COMMISSIONER NANCE: I understand. I'm just trying to --
trying to make some of these things reconcile.
So I -- you know, I don't know where any of the other discussion
is going, but I would like to make a motion. I would like to make a
motion -- to help us out with our process. I would like to make a
motion to request that Chairwoman Fiala move this miscellaneous
correspondence report of pre-audited expenditures to the constitutional
officers' section of the agenda and provide an executive summary
together with that document that indicates that it's a recommendation
that the Board approve payment and find that the -- you know, approve
the items and find that those payables serve a valid public purpose and
authorize the Clerk to make disbursement. I think it would help us
clean this up a great deal if we could do it in that way.
COMMISSIONER HENNING: I'll second that motion if you
include in the motion "per Judge Shenko's order."
COMMISSIONER NANCE: Sure.
COMMISSIONER TAYLOR: Right.
COMMISSIONER NANCE: I think --
MR. BROCK: No problem.
COMMISSIONER NANCE: -- if we always follow Judge
Shenko's order the way it's going along down there, I don't think we'd
Page 89
June 14, 2016
be having any of these conversations because I think he's outlined the
process lovely. But I'm just -- you know, these reports are really
weighing me down.
And, Mr. Brock, honestly -- and you and I have been friends for
years but, you know, you came in here a couple meetings ago and, you
know, you made some accusations that, you know, you-all are
approving stuff you don't even know what it is.
And, sir, what I'm trying to do is I'm trying to take the
information that you're providing to me and do a better job, okay, and
that's all I have to rely on. That's all I have to rely on.
MR. BROCK: If you're telling me that you're not doing that, I
apologize.
COMMISSIONER NANCE: No. What I'm trying to do -- what
I'm trying to say is I'm trying to take the information that you're
providing and that Mr. Ochs is providing and comport my job to the
best of my ability. And what I'm telling you is the way that it's
structured right now, I cannot. If others can, I apologize and I bow
down to them, but I cannot. I'm trying to lend some structure to this.
MR. BROCK: I understand. And you have voted to approve this
since July the 16th --
COMMISSIONER NANCE: Well, great. Okay, okay.
MR. BROCK: -- of 2005.
COMMISSIONER NANCE: Well, I'm talking about right now.
MR. BROCK: And if you will tell me you had no idea what
you're approving, I will certainly apologize for my statement.
COMMISSIONER NANCE: No, I will not tell you that I had no
idea what I was approving. What I'm telling you is I can certainly do a
better job with more certainty if I receive reports that know one
another.
MR. BROCK: Okay.
COMMISSIONER NANCE: Some of these reports do not know
Page 90
June 14, 2016
one another.
COMMISSIONER TAYLOR: Well --
COMMISSIONER HILLER: Well, I'd like to -- can I?
CHAIRMAN FIALA: Well, no. We have Commissioner
Henning next.
COMMISSIONER HENNING: Well, let's vote on this.
COMMISSIONER HILLER: No, no. I would like to --
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: -- talk to Commissioner Nance
about his motion.
COMMISSIONER NANCE: Okay.
COMMISSIONER HILLER: To have discussion on the motion.
I think your motion is a great start. I think we need to add to that
motion, and I would like to request that you consider for the report
16J2 --
COMMISSIONER NANCE: Well, let's do one -- let's do one at a
time, ma'am. Let's check off the box.
COMMISSIONER HILLER: All right. That's fine. I don't have a
problem with that. If that's your intent, I'm happy with that.
COMMISSIONER NANCE: That's my intent. If you want to go
forward with something else, I defer to all the commissioners to come
up with something --
COMMISSIONER HILLER: No, no, no. That's fine. I wasn't
aware if your intent was to do three motions, one on each report.
COMMISSIONER NANCE: Well, yeah, we have to deal with
each of these items. There's three items.
COMMISSIONER HILLER: Yep, absolutely.
COMMISSIONER NANCE: So my -- the one I'm addressing
right now is 13A. On 13A, that would be my recommendation just to
request that the chairwoman structure this a little bit as I indicated.
MR. OCHS: So this will move to the Clerk's consent agenda item
Page 91
June 14, 2016
COMMISSIONER NANCE: That's fine.
MR. OCHS: -- and it will include a recommendation in the
executive summary, if I understand what you said, sir.
MR. BROCK: No, I will not agree to that. That's not part of the
judge's order.
COMMISSIONER HILLER: Can you go back to the judge's
order?
MS. KINZEL: The miscellaneous correspondence item is what
they're trying to move. They had moved that to 1 3A from 16I1.
MR. BROCK: And I do not have a problem, but I will not make
a recommendation. I will do exactly what the judge ordered me to do
in putting that on a list and submitting it to the Board.
You can put it anywhere you want to on your agenda. That's not
germane to anything that I do. If Mr. Ochs wants to make a
recommendation, that is fine.
COMMISSIONER HILLER: Can you put the order back up?
MR. OCHS: Yes, ma'am.
COMMISSIONER NANCE: Mr. Ochs, is the Board of County
Commissioners responsible for D?
MR. OCHS: Yes. You have to make the finding of a valid public
purpose. Now, if you want to create a second report, or however you
want to do it, we would -- I was trying to find --
COMMISSIONER HILLER: It's very, very clear. It says, the
Clerk will put the pre-audited expenditures for which the only
exception he notes is the lack of specific Board approval and finding of
-- and Board's finding of public purpose on a report to the Board, and
then the Board will approve these expenditures by -- and find a valid
public purpose, and then only subsequent to the Board finding that
these particular expenditures serve a valid public purpose and that the
Board has approved the spending of public funds towards these
Page 92
June 14, 2016
expenditures does the Clerk, in E, release payment to the vendor.
MR. OCHS: Correct.
COMMISSIONER HILLER: And then it goes on to say, for
purchases or contracts under 50,000, the Clerk shall not consider the
lack of Board of Commission approval of the purchase or contract in
the pre-audit and shall make payments so long as the purchase or
contract was approved by the County Manager or his staff pursuant to
the county's purchasing ordinance subject to and after the Board's
approval in accordance with 2D above, which goes back to he cannot
make payment until the Board has found a valid public purpose and
approves spending, so it's very clear --
MR. BROCK: Why did you leave out the sentence that says, the
County Manager --
COMMISSIONER HILLER: Or his designee --
MR. BROCK: -- will make the initial finding of valid public
purpose and to approve the expenditure? Why did you leave that line
out?
MR. OCHS: That only relates to when the Board's on their
summer break.
COMMISSIONER HILLER: That has nothing to do with that.
It's just -- F is the only thing that applies.
MR. BROCK: Wow.
COMMISSIONER HENNING: Well, here's the solution.
COMMISSIONER HILLER: It says -- again, it's very -- no, no.
The solution is clear. What we need to do is have --
COMMISSIONER HENNING: You just want to argue.
COMMISSIONER HILLER: No. We have to confirm
specificity.
COMMISSIONER HENNING: And let me tell you how we do
it. Here's how we do it. You put on the index that the Board finds
these expenditures a valid public purpose. He puts it on the agenda
Page 93
June 14, 2016
under the constitutional officers. You put on the index what the action
is, and the Board finds that these expenditures are a valid public
purpose. Is there a problem with that?
COMMISSIONER HILLER: The problem is --
COMMISSIONER HENNING: No, no, no. Is there a problem
with that, Leo?
MR. OCHS: No. That can be done.
COMMISSIONER HENNING: Okay. So, see --
COMMISSIONER HILLER: You have to pre-audit everything
before it comes to us, and we have to receive a list --
MR. OCHS: These are pre-audited --
COMMISSIONER NANCE: These are pre-audited by definition.
MR. OCHS: -- by court order.
COMMISSIONER HILLER: These are pre-audited?
MR. OCHS: By court order.
COMMISSIONER HILLER: The ones under the miscellaneous
are pre-audited?
MR. OCHS: Yes, ma'am.
COMMISSIONER NANCE: 6I1 is --
MR. OCHS: If you look under 2B.
CHAIRMAN FIALA: Okay. So is now everything
Commissioner Henning's saying what you're doing?
COMMISSIONER HENNING: Are you agreeing with that,
Leo?
MR. OCHS: I think that would -- that would satisfy the order.
COMMISSIONER HILLER: Could you restate that?
COMMISSIONER NANCE: Yeah. Commissioner, all I want is
an action agenda item so that we've got something on there so we're --
we've got something for our process. That's it.
COMMISSIONER HENNING: And all I want to do is find
resolution instead of making this out of a campaign issue.
Page 94
June 14, 2016
COMMISSIONER HILLER: It's not a campaign issue. This is
our business.
COMMISSIONER TAYLOR: When you accuse a constitutional
officer of being dishonest and you are running for his seat, it is a
campaign issue.
COMMISSIONER HILLER: I didn't accuse him of being
dishonest. I said he's not conforming with the requirements of the
statute and the law, and that's according to the representation made by
the County Manager. If the County Manager says that he is releasing
payments electronically ahead of Board approval and ahead of the
Board's declaration that a valid public purpose is served, that's not in
accordance with the law.
CHAIRMAN FIALA: I did not hear that there was agreement
with what we're doing --
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: -- right?
COMMISSIONER HILLER: Can you repeat that?
CHAIRMAN FIALA: And there's a motion on the floor and a
second; is that correct?
COMMISSIONER HENNING: Right.
COMMISSIONER HILLER: Can you repeat it?
CHAIRMAN FIALA: Okay.
MR. OCHS: Yes.
COMMISSIONER HILLER: Can you repeat the motion?
MR. OCHS: Yes. My understanding is that the request has been
made of Mr. Brock to move the special report that he prepares per the
court order from Judge Shenko and place that under other
constitutionals portion of the consent agenda. Commissioner Henning
has asked me, when we list that item on the index in that place, that I
add a phrase to indicate that the Board finds these pre-audited payables
to have served a valid public purpose, and the Clerk is authorized to
Page 95
June 14, 2016
make disbursement.
COMMISSIONER NANCE: So you're going to --
MR. OCHS: Commissioner Henning, did I get that?
COMMISSIONER HENNING: Yeah.
MR. BROCK: And I have absolutely no problem with that at all.
COMMISSIONER HENNING: Let's do it.
COMMISSIONER NANCE: I'll change my motion to reflect
that.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. And who had the second?
COMMISSIONER HENNING: I did.
CHAIRMAN FIALA: Okay. So I see some nods together on
both sides of things. And do I hear -- do I hear any other comments?
Because I'd like to call the question.
COMMISSIONER NANCE: Me, too.
COMMISSIONER TAYLOR: Call the question.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER NANCE: Okay.
Item #13B
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
Page 96
June 14, 2016
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MAY 12 TO JUNE 1, 2016
PURSUANT TO FLORIDA STATUTE 136.06 — MOTION TO
ACCEPT THE REPORT — APPROVED; MOTION FOR THE
BOARD TO ACCEPT FOR THE COUNTY MANAGER TO
REVIEW THE 136.06 DISBURSEMENTS FOR PAYMENTS THAT
ARE MADE AND TO THEN WHEN MINUTES ARE APPROVED
AND ANNOTATE THOSE ITEMS THAT NEED TO BE RATIFIED
DURING THAT NEXT MEETING — APPROVED
COMMISSIONER HENNING: Now, let me get to the statutory
payables report. We can do the same thing. He puts it on the agenda
MR. BROCK: Is this the 136 report?
COMMISSIONER HENNING: 136.
MR. BROCK: 136 is -- that is not an action item.
COMMISSIONER HENNING: Hang on, okay. They want to
make it an action item.
MR. BROCK: Okay. And I don't have a problem.
COMMISSIONER HENNING: So if staff doesn't feel that the
Board made the findings, put it on the index that the Board finds a
valid public purpose. Even though -- and, Leo, if we do it other ways,
we're going to slow down payment.
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: So, I mean, if you're saying the
Board hasn't approved all those expenditures --
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: -- then you want to separate
them, or he doesn't want to approve them if you think that the Board
hasn't approved them even though they've already been paid. It's just a
report under Florida Statute.
Page 97
June 14, 2016
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Do you want me to read this
statute?
COMMISSIONER NANCE: The Board can so redact -- if they
had a problem with a given item that had previously been paid, we
could redact it from the approval, could we not?
MR. OCHS: Well, listen.
COMMISSIONER HENNING: You can't take away payment.
COMMISSIONER HILLER: Yes, you can.
MR. OCHS: The problem -- the problem with the disbursement
report is -- and, again, I'm trying to get the Board into compliance with
its own ordinance.
COMMISSIONER HENNING: The ordinance --
MR. OCHS: It says prior to payment the Board must declare
every expenditure -- shall approve all expenditures with a finding that
such expenditures serve a valid public purpose.
COMMISSIONER HENNING: And let me go back. The only
thing that is contested is -- through this lawsuit is the county staffs
approval of purchasing. All right. These other ones on the
disbursement reports has already been found a valid public purpose,
like the County Attorney said, through contracting.
COMMISSIONER HILLER: No.
MR. BROCK: Or --
MR. OCHS: Commissioner --
MR. BROCK: -- you have approved them previously in the
Shenko ordered list.
COMMISSIONER NANCE: Correct.
MR. BROCK: Correct. Okay.
COMMISSIONER HENNING: And --
MR. BROCK: The 136 report is an after-the-fact report. It is
after it has been approved, and it has been sent out.
Page 98
June 14, 2016
COMMISSIONER HENNING: And audited.
MR. BROCK: And you come back after the fact, after you've
already done that, you're going to run into a Penny Phillippi and --
what was his name? What was the airport director, Crystal?
COMMISSIONER TAYLOR: Chris Curry.
MR. BROCK: -- Chris Curry situation. So you-all take that into
consideration.
COMMISSIONER HENNING: Yeah. And I'll be happy to read
the statutes. 316 (sic) -- 336.06(1) (sic) that all monies drawn from the
depository qualified under the provisions of the chapter shall be upon a
check or warrant issued by the Board or officers drawing the same,
said Clerk or warrant, both as to number and the amount and the
person who is drawn -- a purpose for which it has drawn shall be
recorded in the minutes of the Board having ordered the same draw.
CHAIRMAN FIALA: Leo, did you want to respond to that? I
saw that you were --
MR. OCHS: Oh, Commissioners, respectfully, I don't think the
disbursement report is the vehicle to get you in compliance with your
purchasing ordinance.
COMMISSIONER HILLER: It isn't.
MR. OCHS: It's a report of expenditures already made.
COMMISSIONER HENNING: Well, let's --
MR. OCHS: And you have an ordinance that requires you to
make a finding on each expenditure prior to the payment. That's why
you asked for a payables report. That had every payable,
Commissioners, not just the subset of Shenko.
COMMISSIONER HENNING: This is statutory. Our ordinance
can't supersede statutory.
MR. OCHS: Correct.
COMMISSIONER HENNING: So if you're saying that he's been
writing checks without the Board approving it, go over to the Sheriff
Page 99
June 14, 2016
and tell him.
MR. OCHS: I'm not interested in that.
COMMISSIONER HENNING: All right.
MR. OCHS: I'm interested in compliance with your ordinance,
and I would think you-all would be, too. I've been saying this for two
years trying to ask you to --
COMMISSIONER HENNING: The vehicle is not to supersede
Florida Statute.
MR. OCHS: I agree.
COMMISSIONER HENNING: Go find a way. You're supposed
to find solutions, not bring problems.
MR. OCHS: I brought you one, a payables report, pre-audited,
that includes all the payables that are going to appear on the following
disbursement report. Get that in front of the Board, let there be a
certification that they've been pre-audited, you make the finding that
all those expenditures serve a valid public purpose, and your authorize
the Clerk to make disbursements.
COMMISSIONER NANCE: That's why I'm asking the reports to
reconcile. That's all. That's all. If they'll just reconciled, then
everything will be good.
MR. BROCK: Wait, wait.
COMMISSIONER HILLER: Can I respond?
MR. BROCK: Say that again. Let me listen to that. What is it
you're wanting?
COMMISSIONER NANCE: I would like the report -- the
different reports that we're receiving to -- at some point where it comes
down to that approval and finding of valid public purpose to reconcile.
MR. BROCK: By that you mean for it to be on both reports --
COMMISSIONER NANCE: Yeah --
MR. BROCK: -- at the same time?
COMMISSIONER NANCE: -- I want to -- no. I want to make
Page 100
June 14, 2016
sure that the payables report that we get or some other -- you know, if
we're approving it as a contract or whatever, I just want it to all tie
together so that every -- that everybody that's -- everybody is certain
that there's been no -- there's been no misses.
MR. BROCK: I mean, I'm not really sure what it is that you're
asking but, I mean --
COMMISSIONER HILLER: I do understand.
MR. BROCK: Ask Leo to go work with Crystal and try to work
it out. I mean, it's not that big a deal in terms of a report, as long as
you're just asking me to put information on a piece of paper.
It's getting kind of expensive to us that you're asking me for one
report one day, another report the next day, and then you want to
change it again the next day.
COMMISSIONER NANCE: No. I don't want to change it. I
just want -- I want assurances from you that these reconcile.
MR. BROCK: They do. They reconcile. They all reconcile. I
don't know what you mean by reconcile, but every single invoice that
comes in my office comes in on the payables report, every one of
them. Then the ones in which we cannot determine that the Board has
previously approved -- and, Madam Chairman, please don't engage in
communications.
CHAIRMAN FIALA: No, what I just said -- because she was
excited about talking, I said after he finishes you go.
MR. BROCK: And once -- the information that comes in and we
cannot determine that the Board has approved it, that it was approved
by the County Manager, it then goes on Judge Shenko's report. If it
has already been approved, then it would just go on the last report as
well as the stuff that has been approved off of Judge Shenko's report.
So it's all on two reports.
COMMISSIONER NANCE: Can I follow up with another
question?
Page 101
June 14, 2016
MR. BROCK: You may.
COMMISSIONER NANCE: Okay. So now I think we're getting
somewhere; at least I think I am, anyway.
MR. BROCK: Okay.
COMMISSIONER NANCE: Maybe I'm not.
So what you're telling me is the difference between the payables
report and what's on Judge Shenko's report are things that have already
been approved by the Board in some fashion?
MR. BROCK: That is correct.
COMMISSIONER NANCE: So that's how the two reports
differ? One of them --
MR. BROCK: Pretty much.
COMMISSIONER NANCE: -- approves everything?
MR. BROCK: Right.
COMMISSIONER NANCE: The other one approves only those
at issue?
MR. BROCK: Correct. And then once they all get approved,
either through some prior action of the Board or through the Judge
Shenko report, we then cut the check, and it goes on the 136 report.
COMMISSIONER NANCE: Okay.
COMMISSIONER HILLER: And that's the problem. The prior
action of the Board doesn't give you the authority to advance the
payment. You cannot make payment; you cannot spend the public's
funds ahead of our determination that you have completed the pre-
audit, that there are no exceptions so that we have the right, if there are
exceptions, to engage an external auditor to examine those exceptions
-- not you, but an external auditor -- and that we make a determination
that the public purpose served, as you determined through your pre-
audit, was, in fact, a valid public purpose in our opinion, and that we
authorize you to make payment, and that's what this order says.
Now, there shall not be any payment made ahead of the Board of
Page 102
June 14, 2016
County Commissioners making a determination that a public -- valid
public purpose has been served and we authorize you to spend the
public funds.
There is nowhere in this order that gives you the authority to
spend public funds ahead of this board authorizing spending of those
public funds, and that's clear from 2A all the way through F. And that
is what the County Manager has said, and that is the problem.
You have been making payment of public funds ahead of Board
approval in violation of the local ordinance, in violation of the court
order.
You have a duty to bring forward the pre-audited expenditures to
note any exceptions to advise us immediately if you have exceptions to
give us the opportunity to make a determination if we want further
examination by an external audit firm, for us to make the
determination of the validity of the public purpose, and for us to
authorize you to proceed with making payment. Whether it's
electronically or by check is not the issue.
The issue is that we authorize you to make the physical
disbursement. You don't have the authority to do it on your own
independent of our approval of you doing so, and that is what the order
says.
And as to -- I understand now why you are confused,
Commissioner Nance. You're confused because you requested in your
letter of November 4th a list of payables that were pre-audited by the
Clerk's Office prior to presentation to the Board thus providing
assurance that these payables have undergone this important
independent review for legality. That's what you wanted.
What, instead, you got is what the Clerk calls a payables report,
which is nothing more than a list of invoices. We don't need the list of
invoices. We need exactly what you requested.
What you properly requested is not what we are getting as of
Page 103
June 14, 2016
today, and you're 100 percent correct, if we got the report that you
were requesting and then we did exactly what the court order says --
COMMISSIONER NANCE: Everything would be great.
COMMISSIONER HILLER: -- which is to approve as to the
validity of public purpose and approve for payment, it would then
proceed to payment by the Clerk, and then the reconciliation you're
looking for is that Item 16J2, which is now 13B, which is this
disbursement report, would include all those checks or electronic fund
transfers that were made pursuant to our approval of the report that you
requested as the list of pre-audited payables, and that would be exactly
the resolution to this issue.
What we have here is an absolute mess.
MR. BROCK: Let me ask you a question. Maybe I am
misunderstanding something here totally.
You have an item on the agenda, just like I discussed before with
Joe, to do something for a dollar, that it is a road project. You approve
that, and you define how every week they get a quarter of that dollar.
You are telling me you haven't approved either the public purpose
or the approval of the expenditure? If that's what you're telling me, I
will suggest to you that you are -- your belief is in direct contravention
of that of the Attorney General and the courts.
COMMISSIONER HILLER: Oh, no. And if I may respond to
that. Very much the opposite. The Attorney General is very clear. I'm
looking at an opinion that -- or it's actually a letter sent to you by the
Attorney General as to what your duty is, and I'm looking here at a
court order, and I'm also looking at the final ruling by the judge that
says we are doing exactly what we should be doing.
We are not mistaken in how we are proceeding. We are following
the court order because you decided to appeal, and the court order
makes it very, very clear, as does the final opinion, that we shall
approve validity of public purpose in authorizing --
Page 104
June 14, 2016
MR. BROCK: Wait. You said that order was final.
COMMISSIONER HILLER: No, I didn't say that.
MR. BROCK: Oh, okay.
COMMISSIONER HILLER: I said the judge's ruling that you
have appealed. This is the interim order that says, for the remaining
pendency of this lawsuit the party shall perform the pre-audit and
payment functions as follows. It is very clear.
MR. BROCK: And I'm following it to the letter.
COMMISSIONER HILLER: No, you're not.
MR. BROCK: Yes, I am.
COMMISSIONER HILLER: No, you're not, because according
to --
MR. BROCK: You and I disagree, as usual.
COMMISSIONER HILLER: According to the County Manager,
you are making electronic fund transfers ahead of our approval.
MR. BROCK: Then tell the County Manager, go file a complaint
with the Sheriffs Department, file a complaint with the governor. Ask
him to remove me.
COMMISSIONER HILLER: That's not the point. What we are
trying to do is --
MR. BROCK: I know. The point is you're trying to stand up
here and politicize this discussion. That's all you're doing, Ms. Hiller.
COMMISSIONER HILLER: No, sir. You are --
MR. BROCK: Yes, ma'am.
COMMISSIONER HILLER: -- using that as a defense. •
MR. BROCK: I'm not using that as a defense. It's an opinion.
COMMISSIONER HILLER: There's no greater defense than to
argue politics when you are --
MR. BROCK: You have been doing that for months.
COMMISSIONER HILLER: -- mistaken. No, I haven't been
doing it for months.
Page 105
June 14, 2016
CHAIRMAN FIALA: Leo, did you have something to say here?
COMMISSIONER HILLER: I've been pointing out that you've
been wrong for years.
CHAIRMAN FIALA: Leo? Leo's been trying to say something.
MR. OCHS: No, ma'am. I think what I've been trying to get to
we got to partially with the -- with the expenditures that are dealt with
under the special report ordered by the judge.
The problem is, you have a large number of expenditures that
aren't included in that particular report, and I think that's why you
asked for a complete payables report so that when you approved all of
those pre-audited pending payables and made your finding, you could
then take that approval, look at the disbursement report that the Clerk
puts on routinely at the following meeting, and match them up.
COMMISSIONER HILLER: Correct. That's exactly right.
That's how it should be.
CHAIRMAN FIALA: Commissioner Henning?
MR. OCHS: And that, I think, complies with what is on the
screen here under Item F, that prior to payment the Board shall
approve all expenditures, not just the contracts, but all expenditures,
with a finding that such expenditures serve a valid public purpose.
That's -- Commissioner Taylor, that's not politics. That's just --
MR. BROCK: So you want to have a list?
COMMISSIONER TAYLOR: No, sir. You're going to tell me
that when I approve a contract, if there's a contract -- and, excuse me,
Madam Chair, the County Manager did address me.
But if-- you're going to tell me that if I approve a contract, the
contract's approved, I'm not -- I'm saying, you know, this is a great
contract, I kind of like the payments, but I'm not sure it's for a public
purpose, maybe I better come back and approve it? I mean, I don't
approve a contract unless it's for public purpose. It wouldn't be done.
MR. BROCK: So you go out and do the work and then bring it
Page 106
June 14, 2016
back to determine whether or not you want to do it?
COMMISSIONER HENNING: That just slows up payment.
MR. BROCK: Wow.
COMMISSIONER HENNING: I'm going to make a motion --
since that last discussion has nothing to do with 13B, I'm going to
make a motion to approve 13B which was formerly 16J2.
COMMISSIONER HILLER: There's no right.
COMMISSIONER HENNING: You know, shut up.
CHAIRMAN FIALA: Let's just --
COMMISSIONER HENNING: Just shut up.
CHAIRMAN FIALA: Let's let him speak.
COMMISSIONER NANCE: Easy. Everybody, easy. Easy.
COMMISSIONER HENNING: All right. You know, this is all
-- ever since you hired one of your -- a former attorney to do work for
you, this is what it's been; otherwise, she was -- she was okay with
everything.
CHAIRMAN FIALA: What was your motion, sir?
COMMISSIONER HENNING: Approve 13.2, I think.
COMMISSIONER NANCE: 13B is the --
COMMISSIONER HENNING: 13B.
COMMISSIONER NANCE: -- expense disbursement report
from May 12th through June 1.
COMMISSIONER TAYLOR: We can approve that.
COMMISSIONER HILLER: We can't. There is an illegal
payment on there.
COMMISSIONER HENNING: And that's another thing. She's
saying that this board gave direction to County Manager to stop all
payments to BQ contract.
COMMISSIONER HILLER: I didn't say that.
COMMISSIONER HENNING: It's never been on the agenda, all
right. She's saying there are payments in there for BQ contract. It's
Page 107
June 14, 2016
under investigation by many sources, but we have no contract.
MR. BROCK: But, I mean, Commissioner, all I can do is look at
what they have done on the record, and I can tell you there is -- no one
pulled the approval of the payment from the process that we use. If
that had been the case, we wouldn't have been able to have cut the
check. Nobody ever told us that. Nobody ever said anything about
that.
As a matter of fact, there were some items three or four weeks
ago that were in the SAP system, the Dolphin system that had not been
approved by county staff. We're trying to get all of these things
cleaned up, and we actually called the county staff and asked them, are
these things you're not going to approve? Oh, no, we're going to
approve them. And they immediately did what we amigo and
approved them.
This is -- this is getting nuts. I'm -- in all due respect,
Commissioners, Crystal can deal with the rest of it.
CHAIRMAN FIALA: Okay. So the motion you had on the
floor, Commissioner Henning, was?
COMMISSIONER HENNING: Approve 13B.
CHAIRMAN FIALA: Did we hear a second on that motion?
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN FIALA: I hear a second.
COMMISSIONER NANCE: Comments.
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER HILLER: Discussion.
COMMISSIONER NANCE: Yeah, discussion. Go ahead,
Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
COMMISSIONER NANCE: Do you think there's something that
should be redacted from that?
COMMISSIONER HILLER: Yes, absolutely. We cannot -- first
Page 108
June 14, 2016
of all, I don't know what the action is that Commissioner Henning is
proposing because the only thing that we have here before us is to
record in the minutes this report, and we're not defining whether these
were disbursements that were approved ahead by the Board of County
Commissioners.
So, in effect, if we're approving this report and we did not
approve ahead of time, we are indirectly ratifying, but we're not even
ratifying by action, so I don't know what we're doing. But, I mean,
very clearly the motion made by Commissioner Henning doesn't define
what should happen. So I don't see what we would be voting on.
But, more importantly, we have a very big problem, because in
this report there are invoices for BQ Concrete which have been
reversed and treated as credit memos and now are being made
payables to Liberty and, apparently, what's included in this report is a
check to Liberty Concrete.
We, as a board, never approved any payment to BQ Concrete of
any invoice as listed on here. We never approved credit memos be
issued in exchange of those invoices being paid, and we never
approved Liberty Concrete being paid. This board never did that,
never did that. What the Clerk did --
COMMISSIONER NANCE: Commissioner --
COMMISSIONER HILLER: -- on the payables list is he simply
put "Buddy Quarels" and listed these amounts. We didn't even
approve that. And so as a result -- again, nothing was ever approved to
BQ Concrete. We've got a real problem.
So we have to, for sure, isolate this payment to Liberty as never
having been approved by the Board of County Commissioners, and
that if they are on the report, there should be an exception noted that
these were not approved and are not to be approved by the Board of
County Commissioners because of the pending lawsuit, and we don't
know to what extent we hold BQ assets that are, in effect, receivables
Page 109
June 14, 2016
by them, because it may very well be that they owe us more that they
have invoiced us for. And until we hear the conclusion of the FDLE
investigation, we cannot be making payment.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER HILLER: So I would ask that -- and, you
know, we have to decide what exactly we're approving because I think
your point, Commissioner Nance, is you want to make sure that what
we're approving here is what was preapproved by the Board.
COMMISSIONER NANCE: Commissioner Hiller, I have one
problem with it, and --
COMMISSIONER HILLER: Sure.
COMMISSIONER NANCE: -- I think what we have to do is
what Commissioner Henning recommended. And what I'll say is this:
This disbursement report is a past -- it's been done, okay. So I think
we have to accept it. I'm not sure we have to approve it.
COMMISSIONER HENNING: I change my motion.
COMMISSIONER NANCE: I think we need to accept it, and if
we have some action on individual items on that, we can -- we can
follow up on that with some sort of another motion, but we cannot
change the disbursement report. It's been provided to us.
So I recommend that we go ahead and receive it or accept the --
receive the report, accept the report, and then do whatever we want to
do after that. I don't think we can do anything but that because it's
already been done. We're talking about stuff-- we've just been advised
of something that already occurred.
COMMISSIONER HILLER: I agree with that. Then we can --
can we accept it in the minutes subject to -- subject to the comment
regarding Liberty, that Liberty -- the payment to Liberty was not
approved by the Board?
COMMISSIONER NANCE: We can accept it with concerns and
then follow it up with some action.
Page 110
June 14, 2016
COMMISSIONER HILLER: Okay. Then I would think that's
the appropriate --
COMMISSIONER NANCE: I'm going to support
Commissioners Henning's motion if he'll --
COMMISSIONER HILLER: Well, we need to isolate --
COMMISSIONER HENNING: No. You're absolutely right.
COMMISSIONER HILLER: We need to isolate Liberty, and we
need to isolate -- because here's the problem: If we're allowing an
incorrect report to go into the minutes -- I don't think we should record
something if we know it's wrong. If there are disbursements, we don't
COMMISSIONER NANCE: I agree with you, but let's make
another motion and go back and do something with those thing.
COMMISSIONER HILLER: Can I make a suggestion?
COMMISSIONER NANCE: Tell me.
COMMISSIONER HILLER: Here's my suggestion --
COMMISSIONER NANCE: He's the motion maker.
COMMISSIONER HILLER: -- that -- yes, but I'd like to discuss
this with you since you've raised the concern.
I would suggest we don't approve this report -- we don't record it
in the minutes at this meeting, that we allow the County Manager to go
back and identify what in this report needs to be approved by us as --
by ratification because, very clearly, we have not approved if there are
electronic fund transfers of disbursements.
COMMISSIONER HENNING: She's not listening.
COMMISSIONER HILLER: I just say delay. Let's continue the
approval.
COMMISSIONER NANCE: No. Let's receive it. We have to
receive it.
COMMISSIONER HILLER: No, we don't.
COMMISSIONER NANCE: If we don't receive it, we can't act
Page 111
June 14, 2016
on it.
CHAIRMAN FIALA: Commissioner Hiller, you can vote
against it. But there is a motion on the floor, and there's a second.
COMMISSIONER HENNING: And I'm going to amend my
motion. My motion is to accept the report.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: And let me tell you how
ridiculous what she's saying here. She's saying we shouldn't give
anything to Liberty even though it's a judge's order that the Clerk do
that.
Here's -- we -- I'm sure that we have -- may have employees that
haven't paid child support, and there's a court order that those
paychecks be deducted for child support.
COMMISSIONER HILLER: That's a court order against the
Board, not against the Clerk.
COMMISSIONER HENNING: No, it isn't. It's a court order
against the employee and told to the person doing the payables, which
is the Clerk, you will deduct this amount for the children, so -- but
anyways, my motion is to change it to "accept" the report.
COMMISSIONER NANCE: Let's just accept the report, and
then we can act on it as appropriate. I'm going to -- you know, if you --
if that's your motion, I'll -- is there -- there's a second from
Commissioner Taylor? Do you --
COMMISSIONER TAYLOR: Oh, it was me? I was waiting for
you. Yes, second, and I'd like to call the question.
CHAIRMAN FIALA: Okay. So we have a motion on the floor.
I would --
COMMISSIONER HILLER: I would say it should be continued
CHAIRMAN FIALA: Well, okay.
COMMISSIONER HILLER: -- because you should allow the
Page 112
June 14, 2016
County Manager --
COMMISSIONER TAYLOR: Motion on the floor. I've called
the question, ma'am. I've called the question.
COMMISSIONER HILLER: I think we should allow the County
Manager to come back and tell us what's in there.
CHAIRMAN FIALA: There is a motion on the floor, and we
must vote on the motion. It's already been seconded.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote.
And let me stop all-goings on for a moment and ask our court
stenographer, do you need to get a little break? It's been two hours.
And we're not going to end now because we've still got to ask for
public comment and we've still got commissioner comments and so
forth.
THE COURT REPORTER: I could use a five-minute break.
COMMISSIONER NANCE: Let's take a 10.
CHAIRMAN FIALA: Okay. We'll take a 10, okay. So we'll be
back at 12:40. I mean, we could even go to lunch, but I think that's
kind of wasted time then.
(A brief recess was had, and Commissioner Henning is absent for
the remainder of the meeting.)
CHAIRMAN FIALA: Back in session again.
MR. OCHS: You have a live mike, ma'am.
CHAIRMAN FIALA: Thank you very much.
MR. OCHS: You're on Item 13A.
Page 113
June 14, 2016
COMMISSIONER HILLER: I'd like to -- I want to make a
follow-up motion to 13B, though, and what I would like to ask is that
-- if the Board would accept the County Manager reviewing the list of
disbursements pursuant to 136.06 and identify those disbursements
which were made without prior approval by the Board authorizing the
Clerk to spend those funds.
And what's going to happen is, based on what we approved to --
and why I don't have a problem with the report actually being
recorded, my concern is that the -- there are disbursements in this
report which need to be annotated because they're improper.
And so at the next board meeting when this comes back to us and
we approve the minutes, what we are going to have to do is listen to
the County Manager, who is going to tell us, this is the list of checks or
ETFs that went through that, Board, you did not approve, and then we
need to make a subsequent action afterwards to ratify what the Clerk
did improperly by making payment without our prior approval.
Because, as it stands now, based on my understanding of what the
County Manager says, there are checks in here or electronic fund
transfers in here which the Clerk made without our approval, and so
that's in violation of the court order, and that's in violation of our
ordinance.
CHAIRMAN FIALA: So what is your motion then, please?
COMMISSIONER HILLER: Okay. So the motion --
COMMISSIONER NANCE: We wish to have him look into it?
COMMISSIONER HILLER: The motion is to have the County
Manager review the 136.06 record of payments that we just approved
as becoming part of the record to bring back to us when we have the
discussion of the approval of the minutes of this meeting so that we
can annotate the record of payments made and so that we can
subsequently identify what we have to now ratify because they're
improper payments.
Page 114
June 14, 2016
CHAIRMAN FIALA: So that's your motion?
COMMISSIONER HILLER: Yes.
COMMISSIONER NANCE: I will second that. I will second it
to allow him to look into it.
CHAIRMAN FIALA: Okay. I have a motion and a second.
COMMISSIONER HILLER: And bring back -- bring back the
information back to us so we can take action if needed.
COMMISSIONER NANCE: Yes.
CHAIRMAN FIALA: I have a motion and a second on the floor.
Okay. 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.
(No response.)
CHAIRMAN FIALA: Okay. Very good. It passes.
And let's move on to 13C.
Item #13C
TO PROVIDE TO THE BOARD A "PAYABLES REPORT" AS OF
JUNE 8, 2016 PURSUANT TO THE BOARD'S REQUEST —
MOTION TO REJECT THE REPORT AS IT DOESN'T COMPORT
WITH REQUEST FROM THE BOARD AND REQUEST THAT
THE CLERK COMPLY WITH THE BOARDS REQUEST —
APPROVED
COMMISSIONER NANCE: Okay. 13C is the payables report.
Page 115
June 14, 2016
I would like to make a motion that we take -- utilize the same
methodology we did on the last item, and that is receive it and record it
as written with notations on my part that I find -- I find it not to -- I am
unable to reconcile -- I will approve receiving it, but I'm not able to
reconcile it together with either the disbursement report or the report of
pre-audited expenditures submitted under Judge Shenko's order.
MR. OCHS: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
MR. OCHS: This is the item that the Board has routinely been
continuing indefinitely pending a certification or a statement from a
representative of the Clerk's Office as to whether or not these presented
payables have been pre-audited.
CHAIRMAN FIALA: Right.
MR. OCHS: If you can get an answer to that, that would help us
make some recommendations.
COMMISSIONER HILLER: The Clerk told us the answer. The
Clerk told us specifically that these are not pre-audited. He said this is
nothing more than a list of invoices, notwithstanding that
Commissioner Nance on November 4th in his letter -- 2015, I this say,
November 4th -- specifically said he wanted a list of payables that had
been pre-audited by the Clerk's Office ahead of presentation to the
Board for approval for spending.
COMMISSIONER NANCE: Sir, my motion is not to approve
anything. It's just to receive it with query.
COMMISSIONER HILLER: But we normally continue it; like,
we take no action.
COMMISSIONER NANCE: If you want to continue to continue
it, we can. But I'm just trying -- I'm trying to move it forward just
from an endless continuation of something. I'm trying to express --
COMMISSIONER HILLER: Well, why don't we just reject it
because it's not pre-audited?
Page 116
June 14, 2016
MR. OCHS: The problem is --
COMMISSIONER NANCE: Well, it is what it is.
COMMISSIONER HILLER: It's just a list of all invoices, which
doesn't do anything.
COMMISSIONER NANCE: That's right. So what I'm saying is,
I'm suggesting the methodology we used on the last one. We just said,
okay, look, this is what the Clerk is going to give us. But I don't know
what value it is to us because I can't make heads nor tails of it. I can't
link it directly to --
COMMISSIONER TAYLOR: Why not this: We make a motion
to accept it as it sits with a recommendation that the Clerk's Office
works with Commissioner Nance to fine tune their response to your
letter of November?
COMMISSIONER HILLER: But, I mean, that's -- there's no
reason to do that. I mean, the Clerk has said, this is a list of invoices.
We want a list of the pre-audited invoices.
COMMISSIONER TAYLOR: That's --
COMMISSIONER HILLER: And so why not make that your
motion? Just say to reject that and to request --
COMMISSIONER NANCE: Right. Well, look. We sent a letter
and we requested that the Clerk attest to the fact that they've been
pre-audited.
COMMISSIONER HILLER: That's correct.
COMMISSIONER NANCE: The Clerk clearly is not going to do
this. They don't want to discuss; they don't want to answer any
questions about it; they don't want to do it. I don't know what we can
do. We can't make the Clerk do his job.
COMMISSIONER HILLER: So just reject it.
COMMISSIONER NANCE: I mean, we've -- he's agreed to do
it.
CHAIRMAN FIALA: But how can we vote on it if--
Page 117
June 14, 2016
COMMISSIONER HILLER: There's no action.
CHAIRMAN FIALA: -- they haven't pre-audited it? See, that's
-- I don't understand.
COMMISSIONER NANCE: We can't utilize the report, ma'am.
That's why I'm saying as far as I'm concerned it's a useless report.
COMMISSIONER HILLER: You're right.
COMMISSIONER NANCE: I mean, I don't know -- you know, I
would like to continue to receive the report because I think it's valuable
to an extent.
COMMISSIONER HILLER: What extent?
COMMISSIONER NANCE: But since it doesn't reconcile with
anything else, it's not a good tool for us to decision-make on. That's
why I brought this forward, because I'm struggling trying to make
these things reconcile.
I'm one of these guys that comes from an operations point of
view. I like everything to add up to a hundred. I like to be able to go
forward and backward and try to end up in the same place somehow
because it makes me feel good. So --
CHAIRMAN FIALA: And I thought the Clerk said today
something about, you know, he pre-audits, and then we vote on it, and
then --
COMMISSIONER NANCE: Well, that's what's in this other
report. That's what in the pre-audited report. That's 13A.
CHAIRMAN FIALA: Different than --
COMMISSIONER NANCE: This is the one where we sent the
letter asking the Clerk -- remember we got together and we crafted a
letter as a board and said, we love this report --
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: -- and we'd like it to have these
four items?
CHAIRMAN FIALA: Yes.
Page 118
June 14, 2016
COMMISSIONER NANCE: Well, they won't attest to that.
They won't -- the report doesn't come with that affirmation.
COMMISSIONER HILLER: No, it doesn't come with anything.
In fact, they told us today --
COMMISSIONER NANCE: It doesn't come with anything. It's
a list that I can't link to any of the other lists, so I'm in a quandary.
CHAIRMAN FIALA: Okay. Crystal?
COMMISSIONER NANCE: Crystal?
MS. KINZEL: And I'm sorry, Commissioner Nance, because we
have gone around about this.
We responded, and I would like to put that on the record that we
responded when you sent the letter that we'd be glad to provide the
report with all of the fields that you recognize, but the Board wouldn't
-- but the Clerk would not be making a determination under pre-audit
for those items until the -- for the pendency of the litigation until we
are -- we get resolved what we are able to audit.
We have an ongoing disagreement that's pending the litigation
about when the pre-audit function takes place. We understand it
completely on the Shenko order, and that pre-audit takes place for
those items.
So we have explained what we were providing in the payables
report. We thought it may be helpful in some of those situations, and
we very clearly said that it was not pre-audited, so...
COMMISSIONER HILLER: That's not what --
MS. KINZEL: Two different reports. It's been articulated
numerous times on the record, and I'll be glad to sit down with you one
on one, Commissioner Nance.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER TAYLOR: I have a motion on the floor. Do I
have a second, ma'am?
Page 119
June 14, 2016
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: No.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HILLER: I won't second it.
MR. OCHS: If you accept this report, what will the Clerk do with
it?
COMMISSIONER NANCE: Beats me.
MR. OCHS: Will they make payment?
COMMISSIONER HILLER: We can't -- we can't accept it.
There's no way.
CHAIRMAN FIALA: Well, Georgia, let Crystal answer that.
MR. OCHS: Or a corollary is, have payments been made on
invoices that have been presents on this payables report?
COMMISSIONER NANCE: Yes, sir. The question -- my
question was, does this payables report reconcile with the
disbursement report?
MR. OCHS: And?
COMMISSIONER NANCE: And we don't know.
MR. OCHS: Well --
CHAIRMAN FIALA: Yeah, that was your question.
COMMISSIONER NANCE: Hmm?
CHAIRMAN FIALA: Yeah, that was your question.
COMMISSIONER NANCE: That was one of my questions. I
was trying to make these three reports --
MR. OCHS: And you just heard that the payables aren't -- these
invoices have not been pre-audited, so if they've been turned into
disbursements --
COMMISSIONER NANCE: Well, that's something worth
looking into.
COMMISSIONER HILLER: That's what he's going to
investigate.
Page 120
June 14, 2016
MR. OCHS: That's a concern.
COMMISSIONER NANCE: Yeah. So what I'm saying is my
methodology would be the same, to be in receipt of the report and
record the report and go right back to where we were before with the
other one and make sure that there's not something in the disbursement
report that hasn't --
MR. OCHS: Here's what I understand. The Shenko report
contains pre-audited payables.
COMMISSIONER NANCE: Yes, sir.
MR. OCHS: This payables report is not the same list of payables
as the Shenko report.
COMMISSIONER NANCE: No, but it should include most of
them, huh?
COMMISSIONER HILLER: No.
MR. OCHS: No. It doesn't include any of them.
COMMISSIONER NANCE: Okay. All right.
MR. OCHS: Because if these are all not pre-audited, then they
can't be part of the Shenko report because the court order says that
those must be pre-audited.
COMMISSIONER NANCE: Are they mutually exclusive?
MS. KINZEL: All invoices, Leo, whether they were pre-audited
or not.
COMMISSIONER NANCE: That's what the Clerk said.
MS. KINZEL: And we've explained this several times, okay.
COMMISSIONER NANCE: Yeah, that's what the Clerk said.
MS. KINZEL: The Shenko report's totally different. We are not
pre-auditing everything that is on the payables before we provide it to
you. We've clearly explained this over and over.
MR. OCHS: Never.
COMMISSIONER HILLER: That's where --
COMMISSIONER NANCE: So the missing link is the report of
Page 121
June 14, 2016
those items which are not in common?
MR. OCHS: Yes.
COMMISSIONER NANCE: Which is what one of the questions
was. If they don't reconcile, what's the difference in the two reports?
But the problem is, myself, as a commissioner, I have to try to wade
through that and take a report of pre-audited expenditures that I've got
on one hand that's being justified -- it's being so dictated by Judge
Shenko, and this other report that's in a completely other language. It's
got different fields.
I'm sure it's got a common -- you know, it's got some common
elements to it, but I have to try to wade through those and figure out
what's audit, what's pre-audited, and what's not, and I can't do it. I
cannot do that, and I don't think any of these other ladies and
gentlemen can do it either.
MR. OCHS: And, frankly, that's not what you asked for in
November.
COMMISSIONER NANCE: No.
COMMISSIONER TAYLOR: Wouldn't this have been
wonderfully resolved and saved us --
CHAIRMAN FIALA: I was just going to say "Commissioner
Taylor."
COMMISSIONER TAYLOR: -- two hours -- yeah. Wouldn't it
have been wonderfully resolved and saved us maybe two hours of
debate if you had met with the Clerk yesterday, Commissioner Nance?
You know, Mary Ellen Hawkins gave me advice when I stood up
here. She says, you know, try to solve these problems out away from
the microphone when it's this kind of stuff, and I took that to heart.
So right now we've got a problem where you're not -- your issues
are not being resolved. And I have a motion on the floor, but I do not
have a second -- that -- and if we don't want to accept this report, we
can just make the motion that your concerns are valid, sir. I am not
Page 122
June 14, 2016
neglecting or belittling what you said. I think you have valid concerns.
I like reconciliation, too.
If there's a problem with -- and there is a problem. That's not "if."
If there is -- there is a problem, that we request the Clerk's Office to
work with you and bring that solution back to our next meeting.
Would you -- and continue --
COMMISSIONER NANCE: Ma'am, I'm always willing to do
that. And let me say this: Frankly and honestly, it's my opinion -- and
maybe you'll find exception to that -- I think I have worked with as
many or more reconciliations of issues than most of the other members
of the Board.
I have worked together on some very, very difficult ones. And,
frankly, I am very proud of my ability to bring some of these things to
reconciliation, I am, because some of them were really tough. The fire
issue was a tough one; Orangetree Utilities is a tough one; the Hussey
settlement was a tough one. I've worked very diligently and honestly
to find reconciliation.
I hate to tell you this, but I do not think the Clerk of Courts wants
to resolve this.
COMMISSIONER TAYLOR: Well, can we --
COMMISSIONER NANCE: I have honestly -- and I've been -- I
have probably known him longer than perhaps anyone except
Commissioner Fiala, because she's served -- and Commissioner
Henning has known him probably as long or longer than I have as
well. But I've worked with him. I've known him.
But I just think that this is a quagmire that they just differ in
opinion, and they don't want to solve the problem and, unfortunately,
the anxiety that I have is while the Court is making a determination --
and I think the Clerk has rightfully said -- and since we keep engaging
in court action, they're going to ultimately resolve it -- we have a real
functional problem here because I'm not sure that we're doing the right
Page 123
June 14, 2016
thing and we're getting the results that we really want.
I'm really uncomfortable with it, and I don't know how to fix it.
COMMISSIONER HILLER: May I make a statement?
COMMISSIONER TAYLOR: May I ask the Clerk?
COMMISSIONER NANCE: I'm willing to do anything.
COMMISSIONER TAYLOR: May I? Madam Chair, may I ask
the Clerk?
CHAIRMAN FIALA: Yes.
COMMISSIONER TAYLOR: Okay. Clerk's Office -- sorry.
Ms. Kinzel, is there a way to resolve this? And I don't -- I don't want
you to answer on the fly. But do you think it's worthwhile, in your
opinion, to work with Commissioner Nance and then bring either a
solution or not a solution back to our next meeting?
MS. KINZEL: Let me just start by saying I think it's always
worthwhile to work on a problem. This is very detailed.
The issue is the payables report provides you all of the invoices
that are out there. If you take a look at those and you have any
questions with all of those fields provided, if you approve the payables
report, you have, in fact, looked at the expenditures.
So, you know, it seems to me that you're being given more and
more information on the payables report for you to explore the items
that are coming up or due or at some point in the activity.
You have decided, usually, to continue them. One I know that
you approved, but, you know --
COMMISSIONER NANCE: It was reversed.
MS. KINZEL: -- I understand the report totally. But that report
on payables gives you more information and details. The only element
missing is the Clerk's pre-audit function which is pending in the
litigation. That does not preclude you looking at invoices and deciding
if you have any operational questions regarding the validity of those
expenditures. You can always call and find out about those
Page 124
June 14, 2016
expenditures.
CHAIRMAN FIALA: How would you know if you didn't pre-
audit, though?
MS. KINZEL: Because, Commissioner Fiala, you're spending
the money before the Clerk's pre-audit. You need to determine that
these are expenditures that are eligible, or you're going to end up back
in the same problem you've had with the contractors. You let them do
the work and it doesn't match the contract or you don't approve what
they're doing, and then you have to try to unscramble those eggs.
CHAIRMAN FIALA: Yeah. But if you pre-audit, we don't have
to do that, right?
MS. KINZEL: These are the concerns that we've had.
Pre-audit is too late. You've spent the money whether or not it's
in compliance with the contract or not.
CHAIRMAN FIALA: No. Pre-audit is before we spend the
money.
COMMISSIONER HILLER: Crystal, that's not how it works.
MS. KINZEL: No, it is not.
COMMISSIONER HILLER: Crystal?
MS. KINZEL: When you have taken the goods and services and
you've issued the purchase orders and the vendors come and do the
work for you, you're under some obligation with them.
So you really ought to be approving these expenditures far in
advance of them doing the work and in accordance with their contract.
COMMISSIONER HILLER: Oh, my God. Seriously?
MS. KINZEL: That's why you approve contracts.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I think not. Crystal, you definitely
have the cart before the horse, and there is no way we, as a board, are
going to do what you suggest, and there is no way we're going to do it
because, for one, we have a court order that completely goes contrary
Page 125
June 14, 2016
to what you are advising us to do.
We have a court order that says the invoices received are either by
the county or the Clerk. The Clerk performs his pre-audit process.
There's no option. You must perform a pre-audit. And then the court
MS. KINZEL: For the pendency of the litigation, the underlying
issue has not been determined, and there are specific AGOs to the
contrary.
COMMISSIONER HILLER: We have a court order --
MS. KINZEL: And, you know what, I'm not going to continue to
audit (sic). I'm almost to the point where the Clerk is. But I appreciate
the conversation, and I think it's always good to work together and
understand the issues.
COMMISSIONER HILLER: Right. Well, we have a court order
which addresses the pendency of this lawsuit, and the court order
during the pendency of this lawsuit is that the invoice is received by
the county or the Clerk, and the Clerk performs his pre-audit process.
He does not have an option not to perform it.
He then places the approved pre-audit expenditures on a report to
the Board of County Commissioners, and then the Board approves
those expenditures that he places on that report. All of the
expenditures on that report are pre-audited.
MS. KINZEL: And that is what you --
COMMISSIONER HILLER: And he finds -- the Board finds the
valid public purposes and approves spending. It then --
CHAIRMAN FIALA: Let me stop you just a minute, one
second.
COMMISSIONER HILLER: Let me finish. I have to get this in
the record.
CHAIRMAN FIALA: And, Leo, isn't that the way we've done it
all of these years up until this point?
Page 126
June 14, 2016
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. That's all I wanted to say.
COMMISSIONER HILLER: Thank you.
The Clerk then releases payment to the vendor. And then for
purchases under $50,000, the Clerk shall not consider the lack of
Board of Commissioner approval of the purchase or contract in the
pre-audit and shall make payments so long as the purchase or contract
was approved by the County Manager or his staff pursuant to the
county's purchasing ordinance subject to and, again, after the Board's
approval in accordance with 2D above, which is, again, the finding of
the valid public purpose and the approval of spending.
So we do not accept anything, anything at all that has not been
pre-audited by the Clerk. We don't need a list of invoices that have not
been pre-audited. We need the list of invoices that have been
pre-audited.
And to the extent that there is an exception that arises in your pre-
audit, that is not the exception of board approval of valid public
purpose, you are to notify us immediately because that is what the
Attorney General said.
And then we have the right to go to an external auditor to do an --
to do additional auditing if we feel there is a need. Not you. And
you're not doing that. And so to --
MS. KINZEL: Commissioner Fiala?
COMMISSIONER HILLER: -- Commissioner Nance's -- may I
finish?
CHAIRMAN FIALA: The County Attorney wants to talk.
COMMISSIONER HILLER: Could I finish?
To Commissioner Nance's question of what should we do with
this invoice report that has not been pre-audited, we should just reject
it. Just reject it.
MR. KLATZKOW: May I? May I?
Page 127
June 14, 2016
COMMISSIONER HILLER: It's useless. It doesn't satisfy the
order. •
MR. KLATZKOW: The item --
CHAIRMAN FIALA: I'm trying.
COMMISSIONER HILLER: It doesn't satisfy your letter.
MR. KLATZKOW: The item simply says to provide to the
Board a payables report pursuant to the Board's request. The only
issue is whether you believe --
COMMISSIONER HILLER: But it doesn't.
CHAIRMAN FIALA: I'm sorry. Talk a little bit louder, could
you?
MR. KLATZKOW: The item is to provide to the Board a
payables report as of June 8, 2016, pursuant to the Board's request. Do
you believe this report is pursuant to your request?
COMMISSIONER HILLER: No. No.
MR. OCHS: We have your request up on the screen.
MR. KLATZKOW: If you do not believe that is pursuant to the
request, reject it. If you believe it is pursuant to your request, you
accept it.
COMMISSIONER NANCE: All right. Well, then based on
counselor's recommendation, I change my motion to just go ahead and
reject the report as being not of any value because it's not pursuant to
our request and let it go.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN FIALA: But does that hold up a lot of people's
checks?
COMMISSIONER HILLER: No, no, no.
MR. KLATZKOW: No.
COMMISSIONER HILLER: Because that goes to the first report
where we have everything pre-audited. We need pre-audited invoices.
CHAIRMAN FIALA: So now we have a motion on the floor and
Page 128
June 14, 2016
a second. And would you repeat the motion, please.
COMMISSIONER NANCE: Yes. My motion is regarding the
payables report that has been submitted by the Clerk pursuant to our
letter because it does not comport with our request that we -- that we
disregard -- we don't accept the report.
COMMISSIONER TAYLOR: Would you consider an
amendment to that to also say "and that we do not require this same
payables report"?
COMMISSIONER NANCE: No. I'm going to say we, once
again, request of the Clerk to provide us with the report that we've so
requested --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER NANCE: -- as of November the 4th, 2015, I
believe.
COMMISSIONER HILLER: I'll second that.
COMMISSIONER NANCE: Re-request that the Clerk modify
his report to reflect our request.
CHAIRMAN FIALA: Okay. So I have a motion on the floor,
and a second by Commissioner Hiller.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: And opposed, like sign.
COMMISSIONER TAYLOR: And I say "aye" because this is
currently being litigated, and I don't think it's appropriate to make this
request at this point, and that's why.
CHAIRMAN FIALA: Okay. Fine.
So we have a motion, and it's approved 3-1.
Page 129
June 14, 2016
COMMISSIONER HILLER: And I'd like to make a comment
just as a follow-up. It says that the -- pursuant to the court order, the
Clerk shall place all approved pre-audit expenditures on a report to the
Board of County Commissioners, and that's in C, 2C.
COMMISSIONER NANCE: Let me confirm the -- what was the
final vote?
CHAIRMAN FIALA: 3-1.
COMMISSIONER HILLER: 3-1.
COMMISSIONER NANCE: Who was in dissent?
COMMISSIONER TAYLOR: Me.
COMMISSIONER HILLER: Commissioner Taylor.
COMMISSIONER NANCE: Commissioner Taylor, okay.
COMMISSIONER HILLER: Commissioner Henning has -- just
-- and if you could make a note on the record that Commissioner
Henning left, so we don't have his vote on this.
COMMISSIONER TAYLOR: Madam Chair, I need to leave
fairly soon, so --
CHAIRMAN FIALA: Pardon me?
COMMISSIONER TAYLOR: I think -- I'm going to need to
leave fairly soon. I think -- we're almost to the point where public --
CHAIRMAN FIALA: We're almost done. We've just got a
couple more things to go.
COMMISSIONER TAYLOR: Okay. If I may go first for the --
when we get to commissioner comments. Thank you.
CHAIRMAN FIALA: Okay.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
Page 130
June 14, 2016
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 one registered public
speaker; Shirley Cothran.
MS. COTHRAN: Before I start, I think you all need a business
methods analyst for this thing, to talk to you-all, take all the
requirements in, and come up with a procedure for you. But that's not
what I'm here to talk about.
The county is allowing agricultural sound maximums at the
fairgrounds based upon erroneous opinions and contrary to the
sentiments of the 2009 Board of County Commissioners.
AG levels are equivalent to a lawnmower running at 24 hours a
days, seven days a week.
It also means that the fair can tear down the carnival rides during
the night while residents are trying to sleep so they can go to work on
Monday morning.
I'm not trying to stop events at the fairgrounds, but I don't want to
participates in events -- be forced to participate in them because the
sound reaches my house.
I would like the fairgrounds to adopt the Las Vegas model: What
happens at the fairgrounds should stay in the fairgrounds.
In two thousand -- this started in 2013 when I could not watch TV
because of Country Jam. I contacted Code Enforcement. The next
year they sent an inspector who found some violations. Then those
violations disappeared, and the reason they disappeared was because
Code Enforcement and zoning looked at a 1985 photograph and said,
oh, no houses. The fairgrounds is grandfathered. It's exempt.
What they didn't see or didn't know was that that same
photograph showed the residential roads had been graded, canals dug.
There were supposed to be 8,000 homes built there.
They didn't know that the County Commission, a court judge, and
Page 131
June 14, 2016
the State of Florida had said that the development of the 8,000 units
had already started several years before and that this is in the LDC as
vested area to No. 2.
The following year -- oh, and they didn't -- the fairgrounds wasn't
there in '85. They didn't get deed to the fairgrounds until '86. The fair
wasn't there for several more years.
The following year I was told that the fairgrounds was
traditionally agricultural. Fairgrounds is not a permitted use in
agricultural areas. The zoning document, Orangetree PUD, said they
can't be there.
I've tried to work this offline, away from the microphone, but this
year I am told that -- and I've lost my place -- that the noise ordinance
is to protect businesses and that anything with a temporary-use permit
is exempt. I don't know what to do next. I need your help.
COMMISSIONER TAYLOR: Madam Chair?
MS. COTHRAN: Thank you.
CHAIRMAN FIALA: Yes.
COMMISSIONER TAYLOR: If we could just verify or not
verify sound ordinances and what it applies to, I'd appreciate it.
MR. CASALANGUIDA: Sure. Just to clarify, it's not to protect
businesses. The noise ordinance is to make it consistent with what the
specific use is allowed. So it protects residents as well, too.
I think -- we've talked with some of the neighborhoods about the
fairground issue. It is grandfathered to a certain extent. I know Leo's
direction to me is to eventually try and find a different location for that
as that place grows up and more residential properties are around there.
Code continues to go out and work with the fair board to say -- to
stop taking it down at night. You know, try and do that between 11
and 1 and start again at 6 a.m. even if it means an extra day. So I think
-- I'll get with Mike Ossorio and meet with Ms. Cothran and just make
sure I get all her history and make sure that we're not missing anything,
Page 132
June 14, 2016
but --
COMMISSIONER TAYLOR: Mr. Casalanguida, also, the sound
ordinance does apply to temporary-use permits; is that correct?
MR. CASALANGUIDA: You get a sound permit; in other
words, when you get, like, an outdoor eating establishment and want to
have music --
COMMISSIONER TAYLOR: Correct.
MR. CASALANGUIDA: -- they apply for a sound permit.
COMMISSIONER TAYLOR: Which is a -- which is a guide
about how loud you can become and things like that.
MR. CASALANGUIDA: The fair's a little different, ma'am, only
because they are exempt in the terms of the use, but --
COMMISSIONER TAYLOR: Okay.
MR. CASALANGUIDA: -- we're going to work with that
community person, and I'm going to get the history and make sure we
haven't missed anything.
MS. COTHRAN: Okay. I'll give it to you again.
MR. CASALANGUIDA: I'll look at it, and I will sit down with
the code folks.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, thank you.
We had spoken before about this; I brought it to your attention
when we had discussed your concerns.
I continue to have a legal concern about this, County Attorney,
and I need you to help me understand. What Mr. Casalanguida just
said is there are businesses that are grandfathered, and then there are
businesses in there that have temporary-use permits. So, obviously,
they're not grandfather. They're in -- you know, under a new permit at
the current time.
How are we reconciling the grandfathering of the noise
ordinance? And I'm not sure I understand what you mean by
Page 133
June 14, 2016
grandfathering of the noise ordinance vis-a-vis the fairground as the
landlord and these temporary-use permit holders as subtenants.
MR. CASALANGUIDA: Let me clarify.
COMMISSIONER HILLER: That's what -- I don't understand.
And I'm maybe not understanding based on the statements you made,
because you made statements; "grandfathering," "temporary permit."
MR. CASALANGUIDA: Let me clarify, ma'am.
COMMISSIONER HILLER: Yeah.
MR. CASALANGUIDA: The use at the fairground has been
deemed by our zoning board -- our zoning director as a grandfathered
use.
COMMISSIONER HILLER: I'm sorry?
MR. CASALANGUIDA: As a grandfathered use.
COMMISSIONER HILLER: What is a grandfathered use?
MR. CASALANGUIDA: The fairgrounds itself, what happens at
the fairgrounds, the events, the special events they take there (sic).
COMMISSIONER HILLER: Okay.
MR. CASALANGUIDA: So that use is grandfathered. When a
new business comes in and they want to have noise or outside music,
they sign up and get a special-event permit.
COMMISSIONER HILLER: Can you hold on a second. Just a
moment, please.
MS. COTHRAN: See, Country Jam is a music festival, many
bands. County ordinances say that the temporary-use permit does not
apply to music festivals; that you need a music festival permit issued
by the Clerk to the County Commissioners.
MR. CASALANGUIDA: The only time a permit is required is if
the underlying use doesn't already have that use approved in its zoning,
and I believe the zoning director opined -- and we get that clarification
that the fairground uses, such as the fair itself, the rodeos, and the
country jams, are existing allowed uses on that site. So they don't get
Page 134
June 14, 2016
permits for each individual time.
COMMISSIONER HILLER: Can I make a suggestion?
MS. COTHRAN: And how long do you think the Country Jam
has been at the fairgrounds?
MR. KLATZKOW: It's a fairground. This is what happens at
fairgrounds.
COMMISSIONER HILLER: But can I --
MS. COTHRAN: I want to know how long you think the
Country Jam has been at the fairgrounds.
MR. KLATZKOW: But it doesn't matter if it's Country Jam or
another band or something else. It's a fairground. The problem you're
having is what once was a remote location where you could have a
place like a fairground and rodeos and everything else is now built
around with homes. It's a just like when people -- it's just like when
people buy around an airport.
MS. COTHRAN: Yes.
MR. KLATZKOW: All right. It becomes noisy.
The solution -- the long-term solution is to find a different spot
for the fairgrounds and put it there. Of course, given time, that will be
built up, too. So you're always -- you're always just buying time here.
MS. COTHRAN: But the fairgrounds, when it went there, when
it signed its lease to use the land at one dollar per year and then asked
the county to buy another $30,000 worth of land for it, was already
zoned with R2 around it.
MR. KLATZKOW: I understand what you're saying, but that's
where the county decided to put the fairgrounds a long time ago.
CHAIRMAN FIALA: Yeah. It's been there a long time.
MS. COTHRAN: It's been there since 1988, not the 40 years that
the fair has existed.
CHAIRMAN FIALA: How long have you lived there?
MS. COTHRAN: I bought 2004.
Page 135
June 14, 2016
COMMISSIONER TAYLOR: Oh.
CHAIRMAN FIALA: So you knew it was there already.
MS. COTHRAN: Yes, but you didn't know that -- they weren't
doing music fest -- they weren't doing Country Jam then.
MR. KLATZKOW: But it's a fair. That's what happens at
fairgrounds. It's a place where people can congregate for
entertainment and enjoy themselves. There's only so many places you
can put outdoor -- an outdoor band.
MS. COTHRAN: Okay. I don't mind that. But why use
agricultural levels when the land was never zoned agricultural? You
can't have fairgrounds on agricultural land. And when they moved
there, they knew that the land around them was zoned for residential.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Ms. Cothran, I am sensitive to the
concerns of everybody. And, actually, what I want to do is I want to
talk a little bit about what the County Attorney just opined, and that is
that, you know, as Collier County has grown, since my residence --
and once upon a time we had 80,000 people in the county when I
showed up here, and now we've got 350,000.
So the uses that everybody found not onerous become more
onerous because the fairgrounds and the activities of 4H and
agricultural and all the related activities that go on at a fairgrounds are
the victims of their own success. They're successful, so they get
bigger.
Concurrently, the area becomes more popular because there are
more goods and services and things to go, so more people move closer
to where the fairgrounds operate. And the cycle continues where you
have periods of time where the -- where, you know, the conditions are
noisy.
Ultimately, I think the methodology of the county at this point is
to try to find a place for similar uses like this to move where they can
Page 136
June 14, 2016
go that aren't disruptive where they can thrive, provide all the services
that everybody's looking for, because everybody loves the fair. I know
because everybody goes there. And when they go there, they make
noise. And the more noise they make, the more upset certain --
MS. COTHRAN: Mr. Nance?
COMMISSIONER NANCE: Wait a second. Let me finish.
MS. COTHRAN: Okay.
COMMISSIONER NANCE: So, ultimately, what we're trying to
do is, through studies like the rural fringe mixed-use district, we're
trying to find a place where the county fair can go, where rodeos can
take place, where the Swamp Buggy grounds can go. If you haven't
(sic) been to the Swamp Buggy grounds, you'll know it's now
surrounded by Hacienda Lakes.
MS. COTHRAN: Yes.
COMMISSIONER NANCE: Don't worry about the fact that the
Swamp Buggy grounds has been there a long time. The people -- I
promise you the people in Hacienda Lakes are not going to appreciate
the swamp buggies that take place during the year.
So what we're trying to do is we're trying to provide the zoning
and the land use and everything that we need to move some of these
uses to the most appropriate place that we can determine, and I think a
lot of people are hoping that the rural fringe mixed-use district is going
to provide that location.
In the meantime, I think everybody will work to try to do the very
best we can. But, you know, to say that we're going to eliminate it I
don't think is --
MS. COTHRAN: I never said that.
COMMISSIONER NANCE: I know. We're -- everybody wants
to do the right thing. Nobody wants to have you miserable, ma'am.
You might believe that or not, but really nobody --
MS. COTHRAN: No, no.
Page 137
June 14, 2016
COMMISSIONER NANCE: -- nobody wants you to be like that.
MS. COTHRAN: Except that every year they talk to the fair
people they say, don't tear down the fair at night. Every year they do
it. The people on -- just let me finish.
People on the fair board have said there's nothing you can do to
stop me from playing music after 10 o'clock at night, which is in my
lease that says no music, no amplified sound after 10. They go right
along and go right on playing it.
But I do have a win-win situation, okay, and that is the fair -- Mr.
Jolly has at times managed to lean the speakers, do something, so the
sound does not carry like it used to. This year was -- they went back to
some old configuration, because we could hear the rides go every
couple seconds. We could hear, very easily hear. We could hear
people laughing, which is not bad.
But if somebody would send a sound engineer out there, maybe
erect one or two walls for certain houses on the north side to protect
them, and aim the speakers in the right direction, because Mr. Jolly has
done it, and things got a lot quieter, and people stopped complaining.
That would be a win-win --
COMMISSIONER NANCE: If you --
MS. COTHRAN: -- but it's not happening.
COMMISSIONER NANCE: If you have some dis -- you know,
some defined suggestions that you would like us to consider, I will
personally carry them to the fair board. Send them to me. I'll take
them over there, and I'll see what I can do. How about that?
MS. COTHRAN: I am not a sound engineer. I can't do that.
COMMISSIONER NANCE: No, I know that, but you're starting
to recite to me just, you know, recommendations and requests. So if
you would kindly just forward those to me --
MS. COTHRAN: I will do that.
COMMISSIONER NANCE: You know, I know everybody
Page 138
June 14, 2016
wants --
MS. COTHRAN: I'm just so frustrated --
COMMISSIONER NANCE: Okay.
MS. COTHRAN: -- especially this year when I'm told the noise
ordinance is supposed to protect.
COMMISSIONER NANCE: Ma'am, I can probably get you a
pass. How would you like a --
MS. COTHRAN: I don't like fairs.
COMMISSIONER NANCE: You don't like fairs?
MS. COTHRAN: I'm the one person who doesn't like fairs.
COMMISSIONER TAYLOR: Oh, dear. You moved to the
wrong neighborhood.
CHAIRMAN FIALA: Yeah, I guess so.
COMMISSIONER NANCE: Okay. No. Kidding aside. I'm not
trying to be disrespectful.
MS. COTHRAN: But the Country Jam is more obnoxious. Plus,
you know, trying to go to bed during the late night at the fair, they're
playing some music, it's a Latin song, but it's equivalent to
"Celebration" or "Jump." You're trying to go to sleep, and they've got
music going that makes you want to get up and dance.
COMMISSIONER TAYLOR: Then you need to. That's what
you should do.
MS. COTHRAN: And it wasn't me. It was my husband that was
trying to sleep.
COMMISSIONER NANCE: Forward to me your ideas, and I
will try to get as many of them as -- you know, I'll get the fair -- I'll
take it to the fair board and request it personally if I have to.
MS. COTHRAN: And I know that you want to move, and that's a
great idea. Do you know that they're putting up an $80,000 --
80,000-square-foot building, which is going to be expensive to move?
CHAIRMAN FIALA: Thank you very much for being here.
Page 139
June 14, 2016
MS. COTHRAN: Thank you for your time.
CHAIRMAN FIALA: I think we've long overdone your 10
minutes.
MS. COTHRAN: Yes.
CHAIRMAN FIALA: We'll move on. Okay. Or three minutes,
excuse me. Okay, fine.
Leo?
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MR. OCHS: That takes us to communications, board and staff
communications. I have none.
CHAIRMAN FIALA: You have none?
COMMISSIONER TAYLOR: Workshop on Thursday.
MR. OCHS: Well, we have your budget workshop. As a
reminder, check your calendars, yes. Thank you, Commissioner
Taylor. We'll see you here around nine a.m. Thursday morning for
your budget workshop.
CHAIRMAN FIALA: Okay. County Attorney?
MR. KLATZKOW: I have none.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Commissioner Taylor.
CHAIRMAN FIALA: Commissioner Taylor, oh, yeah, you
wanted to be first.
COMMISSIONER TAYLOR: I'm going to read three letters.
First of all, I just need to make a statement or announcement that I
have had to resign from the Canvasing Board because we have a City
of Naples resident who is running for Congress, and I want to support
him, so -- and I've let our Supervisor of Elections know, and she's
Page 140
June 14, 2016
found two, I think, very good candidates. So just to put it on the
record.
COMMISSIONER NANCE: Who is that, just -- who's going to
run?
COMMISSIONER TAYLOR: Francis Rooney.
COMMISSIONER HILLER: Francis Rooney.
COMMISSIONER NANCE: Okay.
COMMISSIONER TAYLOR: So we had the mock
commissioner meetings here last month, and we all -- the people that --
the staff that participated received some letters, and I'm going to read
three.
The first two are to Mr. Strain, and Mr. Strain came as someone
objecting to enlarging the -- or siting a new middle school in
Immokalee. He just wanted to -- I mean, this is his position. He just
wants to enlarge the middle school and incensed some of the children
from Immokalee who said, you're going to take away my running track
and whatever, and so anyway.
Dear Mark Strain, I like that you made us fight for our opinions
and you taught me that it's extremely hard to win your side of the
argument. And you have an excellent beard or a great beard.
Sincerely, Connor.
Dear Mark Strain, thank you very much for letting us be part of
the mock commissioner meeting. It was an awesome meeting. It was
the first time (sic) I've ever been to. I liked your speech. I loved your
beard. You looked very familiar.
Love, Sidney.
P.S., you remind me of Santa Claus just you aren't round. For
Christmas I want to go to another mock commissioner meeting.
Remember Immokalee school eighth grade.
CHAIRMAN FIALA: Isn't that sweet?
COMMISSIONER TAYLOR: And then to me.
Page 141
June 14, 2016
Dear Mrs. Taylor, thank you so much for making this trip
memorable and fun. You were a humungous help when I was a
commissioner and made sure that I knew what I was doing.
An amazing thing I learned about being a commissioner is that it's
more than just voting. You actually have to listen to the people, and
you can ask questions about the topic.
Lastly, thank you for the Panera Bread sandwich and being able
to use a microphone, comfy chair, and the red button.
Sincerely, Malagia Hollins.
So that's all I have.
COMMISSIONER NANCE: Were you buying a sandwich for a
commissioner? Hold on.
COMMISSIONER TAYLOR: All those kids got it. Thank you,
County Manager, who arranged it --
MR. OCHS: You're welcome.
COMMISSIONER TAYLOR: -- and when you walked into the
room and they said, oh, it's Panera, Panera, you know. It was
Immokalee Middle School and Gulf View Middle school.
COMMISSIONER NANCE: You received very high marks,
ma'am. Everybody loved what you did. I commend you for starting
that. They also loved Mr. Klatzkow. They thought he was particularly
grumpy.
COMMISSIONER TAYLOR: And Mr. Wilkison, who was
Jedediah Westclock, who absolutely had -- no, you didn't want the
school on their property, right? Because he lost so much in the -- his
parents lost so much in the depression, and he wasn't going to give it
up to any school kid.
COMMISSIONER NANCE: Holy mackerel.
COMMISSIONER TAYLOR: It was tough. It was a tough
meeting. So anyway, that's all -- that's all I've got.
COMMISSIONER NANCE: Wonderful.
Page 142
June 14, 2016
COMMISSIONER TAYLOR: And thank you. And have a nice
day, everyone. I'm going to move on down the road.
COMMISSIONER NANCE: All right. I just want to -- the only
comments that I have in general communications is something that
you're going to hear about quite a bit, which was the recent
announcement of Immokalee as part of the Southwest Florida Promise
Zone, which was designated by the Obama administration.
President Obama began the Promise Zone program in early 2014.
This last group of designations was the last that will be. I think there
are only 15 or 16 of them nationally. The Promise Zones are divided
up into urban Promise Zones and rural Promise Zones, and tribal
Promise Zones that have to do with Native American peoples.
Our Promise Zones, which includes all of Glades County, Hendry
County, and the northern part of Collier County that surrounds
Immokalee, is one of the only -- I think only two or three rural Promise
Zones in the nation.
What that is is it's very detailed, and the County Manager has
begun work on it immediately. It's very complicated, but what it is, it is
a commitment of the federal government for a period of 10 years to
make those areas eligible for almost 70 different programs that have to
do with economic development, job creation, education, taking care of
social things like human trafficking, all sorts of problems of that
nature. It is a vast offering from the federal government.
Now, what it does not do, it does not carry any money with it
directly. But what it does is it makes us eligible to apply for a whole
host of things very, very wide. One of the key organizations is the
USDA. Our partner in this application was the Southwest Florida
Regional Planning Council.
The cooperating and instituting agencies are going to be Collier
County, Glades County, and Hendry County, and a whole host of other
cooperating social organizations, not-for-profits, governmental
Page 143
June 14, 2016
organizations. This designation carries with it enormous opportunity
and something that we are -- it's going to take a lot of work on our part
to take full advantage of it.
But it is very, very exciting and has the ability to work together
with our accelerators, our economic development efforts at the county,
things -- all sorts of things. There are all sorts of networking that is
going to be possible. You know, our relationship with USDA, our
relationship with the University of Florida. All of those things came
into play in getting us the designation and making our application
successful and will take us forward.
So very, very impressive. Something that's going to go on for a
decade. Big news.
CHAIRMAN FIALA: That's great. Great news. That's it, sir?
COMMISSIONER NANCE: That's all for me, ma'am. That's the
best I got.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
In light of the massacre on Sunday, which was heinous and has
really rocked this nation into a state of, I believe, both sorrow and fear,
I want to address a number of issues that I think we as a board need to
do.
The first is there is a shortage of blood in Orlando, and they're
still seeking blood from Southwest Florida. The lines in Orlando are
very long, but they can't process as many people because the lines are
so long.
So there has been an outreach. So what I would like is to see if
we as a board can agree to direct the County Manager to work with
either the Red Cross or the Blood Bank to set up a station here in front
of the government building to allow people throughout the community
to come here and make donations. If we could do that -- or any other
location that the Blood Bank would see fit beyond the government
Page 144
June 14, 2016
center.
COMMISSIONER NANCE: If they agree to participate with
that, we should use our communication ability to send out the word to
people and encourage them --
COMMISSIONER HILLER: Yes, we have to.
COMMISSIONER NANCE: -- if they so desire, to participate,
and --
COMMISSIONER HILLER: Absolutely.
COMMISSIONER NANCE: -- let them know clearly how,
when, and where and so on and so forth.
COMMISSIONER HILLER: And you're absolutely right,
Commissioner Nance, we do need to do that, and I would expect that
would be part and parcel of the effort.
The other thing that I would like you to know is that I have been
in touch with Commissioner Boyd from Orange County, and we've
been communicating back and forth, you know, since this all came to
our attention Sunday morning.
So I can put you in touch with him. And if there's any
coordination effort between the local initiative, you know, what type of
blood is needed -- and I'm sure that the Red Cross and I'm sure the
Blood Bank knows, you know, exactly what blood types are needed.
But if he has any more current information -- he is in touch with them
up there. He is in touch with the hospitals, and he's a great guy, and I
know that he would, you know, welcome any assistance we can
provide.
There's a second issue that we have to address, and that is the lack
of the presence of the FBI here in Collier County. Collier County had
an office and had a presence, and because of the cutback in federal
funding, they had to close that office. Can you imagine if they -- if
they closed the office in Sarasota because they said they were, you
know, 30 minutes or 45 minutes away from Tampa?
Page 145
June 14, 2016
You know, very clearly, it is a vulnerability if we are a blackout
zone. And while I understand that they have a limited presence here,
we need a full office and we need full staff, because the bottom line is
the FBI is about intelligence, and if there's any -- any community that
is a significant community -- and our sheriff and our chief
investigations and the Sheriffs Office will tell you we are a significant
community -- that if we don't have that presence, when the FBI looks
to assimilate all the intelligence they gather -- and they are lacking
from one area because they don't have the manpower, because they
don't have the funding, because they can't have the presence because
the federal government has cut their budgets, there's a problem.
We have a fusion center in the area that's supposed to bring all the
intelligence from all the different agencies together to build a picture
of what might happen and then to, as a result, be responsive and take
preventative action if possible or reactive action if needed. That's not
possible if we have a blackout zone, and we are that blackout zone.
So what I would like to do is ask the Board to agree that we send
a letter on behalf of the Board to our entire legislative delegation at the
federal level.
COMMISSIONER NANCE: Delegation to the governor's
office?
COMMISSIONER HILLER: And to our congressional -- yes,
and to the governor's office to do everything we can to increase the
funding to the FBI, to get a permanent office back in Collier County,
and to get the appropriate level of staffing to ensure that there is a
comprehensive pool of information that ultimately goes from this
region to the fusion zone in this area to benefit the other fusion zones
because this, in turn, will benefit all the communities not throughout
just Southwest Florida but throughout the state and throughout the
country. It is critical. It is absolutely critical.
So if I can get --
Page 146
June 14, 2016
COMMISSIONER NANCE: Commissioner Hiller, do they have
an office in Fort Myers still, or no?
COMMISSIONER HILLER: They do, they do. And right now
--just so you know how difficult it is for them, you know, you've got
what happened in Orlando, being all covered through, as my -- as I
understand how the region works, is the whole Tampa -- the Tampa --
the Tampa district is basically supporting Orlando. And, I mean, that
-- and they are -- I don't -- I'm sure that they're pulling in agents from
elsewhere, I have no idea, but I just know that -- and you can go to the
Tampa FBI website and they tell you, you know, what their
jurisdiction is.
The bottom line is, you know, if we start pulling staff out of this
local office and moving them to Orlando, what's going to happen down
here?
And the bottom line is, across the country, the FBI has been
shortchanged financially. You know, offices have closed. They aren't
able to bring new staff on board. It's -- they can't get their job done.
And I'll tell you, our first line of defense in this country is intelligence.
And if anyone thinks otherwise, they're wrong.
COMMISSIONER NANCE: Commissioner Hiller, who can lend
some structure to our request? Is that through -- best through FDLE or
the Sheriffs Office or --
COMMISSIONER HILLER: No, no. The best would be, I think,
to talk to the agent in charge, the special agent in charge in Fort Myers,
and that's Doug Rankin. I'm sorry, Jim Rankin. Wrong Rankin. Jim
Rankin. And I would just talk to him.
And I think if you talk to him -- and I think that's a great
suggestion, Commissioner Nance. We need to get his input as to -- if
he's willing to. I'm not sure if they would be willing to.
COMMISSIONER NANCE: We need to know what to ask for.
COMMISSIONER HILLER: Yeah. Well, I mean, for one thing,
Page 147
June 14, 2016
they need more funding and more -- you know, more bricks and mortar
and more staff and whatever other resources they need to get their job
done. There's been a lot of--
COMMISSIONER NANCE: In light of this --
COMMISSIONER HILLER: In light of what happened.
COMMISSIONER NANCE: -- the governor might well be in a
good position to make that request, actually, if we're timely here. I
mean, I'm sure people --
COMMISSIONER HILLER: Let's get the governor --
COMMISSIONER NANCE: -- have it on their mind.
COMMISSIONER HILLER: Yep. I agree with you. I agree with
you. Let's see if we can get the governor's office involved. Anything
we can do to -- you're 100 percent correct.
COMMISSIONER NANCE: I mean, he's declared --
COMMISSIONER HILLER: Right.
COMMISSIONER NANCE: He's declared an emergency. How
far and wide is that declaration?
COMMISSIONER HILLER: It was the -- Orlando.
MR. OCHS: Orange County.
COMMISSIONER HILLER: Orange County.
COMMISSIONER NANCE: Just Orange County?
COMMISSIONER HILLER: Yeah.
MR. OCHS: Yes, sir.
COMMISSIONER HILLER: But we have -- but like I said,
we're -- you know, and if we're -- you know, if we're the blackout
zone, I mean, where are they going to congregate to do business? I
mean, wouldn't it be logical to come here?
And I'm not saying they don't have a presence here. I'm saying
we need a full presence like we had, especially evidenced by what
happened.
So, you know, shutting the office, cutting back on staff is not
Page 148
June 14, 2016
what we need. We want them back here. They were great for the
community. They protected us well. They served us well.
And then the other thing I will say, there has been, you know, a
lot of going back and forth about, you know, whether or not they did
what they should have done in light of the information that they
received regarding this gentleman who -- and "gentleman" is a wrong
word regarding this monster who committed this horrible act of clear
terrorism.
And I think what people are forgetting is that the FBI is limited
by the Constitution, and so they are -- they can't do things that we
would like them to do because we have a constitution that governs how
they have to conduct themselves. So that's something to keep in mind.
And I just think people forget that the Constitution is out there.
COMMISSIONER NANCE: What's disturbing, ma'am, is, you
know, every -- and we've had -- sadly, we've had a lot of these bad
occurrences, and somehow it always comes out when everybody gets
in and digs into the item, that there were signs that things weren't quite
right. And, you know, having a community that has a methodology to
inform people -- you know, if you don't tell somebody what you see,
they can't act on it.
COMMISSIONER HILLER: Exactly, and that's why people
watching is important.
COMMISSIONER NANCE: And, you know, people are -- you
know, Americans are -- I will tell you, despite the rancorous
discussions that we have, Americans really are respectful of others'
rights and differences. I don't care what anybody says. They are --
maybe to a fault at this point, you know, where they're not going out
and saying, you know, I saw somebody really acting out the other day,
and there were -- you know, it was over the line, and there was really
some disturbing things that came out.
If you have the local connections where people can start to look at
Page 149
June 14, 2016
some of these folks, maybe, just maybe, we can intercept more than,
you know --
COMMISSIONER HILLER: I had something reported to me
about a family that was radicalizing a child and that the child was
being educated in decapitation and execution.
COMMISSIONER NANCE: Yikes.
COMMISSIONER HILLER: And I reported it, you know,
because whether it's true or not is not for me to determine. I was told,
and I turned the information in.
And it's just important for all of us to do the same. I mean, it's not
-- you know, we're -- we shouldn't do anything invasive. You know,
we shouldn't do anything to violate anyone's right of privacy or
anything like that but, you know, we do need them present, and it is all
about intelligence.
COMMISSIONER NANCE: And I can tell you, ma'am, that
goes to many other tragedies that we've talked about before. That goes
to human trafficking --
COMMISSIONER HILLER: Yes, it does.
COMMISSIONER NANCE: -- child abuse, all these sorts of
thing. You'd be surprised, you know, how little pieces of information
end up providing aid.
COMMISSIONER HILLER: You're 100 percent right. And
that's what the notion of fusion is. You gather intelligence from all
over and then you fuse it, and then all of a sudden you have a picture
that suggests there's a problem. So you're right. But, again, it all starts
with intelligence. And if we don't have it, we're definitely going to
face this again.
CHAIRMAN FIALA: And the bad guys are closer than we
think.
COMMISSIONER HILLER: They are.
CHAIRMAN FIALA: And we should keep that in mind. Not
Page 150
June 14, 2016
only that, but I think that sometimes they're copy-cat crimes who --
somebody sets it off, and then others feel they can do the same or
worse. And the ball is rolling down the hill, and then you can't stop it.
So I think we all ought to be very aware of what's going on around us.
COMMISSIONER HILLER: We must be.
CHAIRMAN FIALA: And you're right about that. We're so
trusting we never think about anything like that. Well, we're safe here.
But, you know what? We're not, and we have to -- we have to keep
watch.
COMMISSIONER NANCE: A lot of people wishing us harm.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: There's no question. And, you
know, even if you consider what happened in that particular situation,
the company that hired this gentleman as a security guard, I believe, is
the same company we use. Who do we use? Yeah, they just got G4,
whatever. Is it G4?
MR. OCHS: We use them in some of our work in our utility area.
COMMISSIONER HILLER: Yeah. So, I mean, you know, there
are these tenuous connections all over, and it's a big problem. You
know, we need to -- and, you know, the other issue that's interesting is
at one public speaking engagement someone said, you know, why do
we as public officials have security that, you know, monitor the
campus but then attend, you know, certain public events with us?
Well, now they know why, and especially at gatherings of big people,
you know, of large groups. I mean, how often do we have groups of
300 here? Easily, over and over again. You know, you want security
present.
MR. OCHS: That's right.
CHAIRMAN FIALA: Not for our benefit, but for everybody's
benefit.
MR. OCHS: Yes.
Page 151
June 14, 2016
CHAIRMAN FIALA: Thank you. That's a good -- I don't want
to say "speech." It's a good thought provoker. We have to be more
aware of what's going on around us, and --
COMMISSIONER NANCE: It's a sad day.
CHAIRMAN FIALA: It is a sad day, my goodness. Anyway.
I don't have much to say at all except where did the picture go
from the back? I noticed that there's a blank wall there.
COMMISSIONER HILLER: What happened?
MR. OCHS: I don't know, but I'll --
CHAIRMAN FIALA: Maybe it fell.
COMMISSIONER NANCE: Sadly, the FBI's not here to help us
find out.
COMMISSIONER HILLER: Exactly. My point.
COMMISSIONER NANCE: There you go.
COMMISSIONER HILLER: Call the governor.
CHAIRMAN FIALA: And with that, folks, have a nice -- have a
nice day and a nice week, and we'll see you next time.
COMMISSIONER HILLER: Thank you.
**** Commissioner Henning moved, seconded by Commissioner
Hiller and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted *
Item #16A1
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY
EASEMENT (PARCEL 375RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD
(PROJECT #60145) ESTIMATED FISCAL IMPACT: $127 —
Page 152
June 14, 2016
FOLIO #40931120006
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
COPPER COVE PRESERVE UNIT 3, PL20130000307, 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 — THE FACILITIES
WERE FOUND SATISFACTORY AND ACCEPTABLE UPON
STAFF'S FINAL INSPECTION MARCH 5, 2015
Item #16A3
FINAL ACCEPTANCE OF WATER AND SEWER FACILITIES
FOR RIVERSTONE RECREATION CENTER, PL20140000673,
AND AUTHORIZING THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $8,848.38 TO THE PROJECT ENGINEER
OR DEVELOPER'S DESIGNATED AGENT — THE FACILITIES
WERE FOUND SATISFACTORY AND ACCEPTABLE UPON
STAFF'S FINAL INSPECTION MARCH 9, 2016
Item #16A4
AN AGREEMENT TO PURCHASE A "FEE" ESTATE (PARCEL
102FEE) IN LAND NECESSARY FOR THE CONSTRUCTION OF
ROADWAY AND RELATED IMPROVEMENTS REQUIRED AT
Page 153
June 14, 2016
THE INTERSECTION OF AIRPORT-PULLING ROAD AND
DAVIS BOULEVARD. (PROJECT NO. 60148.) ESTIMATED
FISCAL IMPACT: $130,150 — A PORTION OF FOLIO
#00390640002
Item #16A5
A RIGHT-OF-WAY EASEMENT USE AGREEMENT TO ALLOW
THE OWNER OF LOT 16, BLOCK B, ROCK HARBOR TO
INSTALL AN APPROXIMATELY 18-FOOT LONG FENCE
WITHIN THE HARBOR ROAD RIGHT-OF-WAY, AT THE
EASTERN TERMINUS OF THE ROAD ADJACENT TO THE
PROPERTY — LOCATED OFF OF AIRPORT-PULLING ROAD,
JUST SOUTH OF THE NAPLES AIRPORT
Item #16A6
A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN
TRANSPORTATION CAPITAL FUND (313) IN THE AMOUNT
OF $30,072, PROJECT #60172 — REVENUE RECEIVED IS FROM
THE PAYMENT OF LIQUIDATED DAMAGES DEDUCTED
FROM THE FINAL PAYMENT APPLICATION RELATING TO A
TRAFFIC SIGNAL UPGRADE AT GOLDEN GATE PARKWAY
AND 44TH STREET SW
Item #16A7
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
RIVERSTONE PLAT 5, PL20140000672 AND AUTHORIZING
Page 154
June 14, 2016
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 — LOCATED OFF OF THE LOGAN
BLVD. EXTENSION, NORTH OF IMMOKALEE ROAD
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF WATER AND SEWER UTILITY FACILITIES FOR
RIVERSTONE PLAT 6, PARCEL D2, PL20140001685, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — LOCATED OFF THE
LOGAN BLVD. EXTENSION, NORTH OF IMMOKALEE ROAD
Item #16A9
RECORDING THE MINOR FINAL PLAT OF MAPLE RIDGE
RESERVE AT AVE MARIA, APPLICATION NUMBER
PL20160000793 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A10
RESOLUTION 2016-118: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
Page 155
June 14, 2016
PLAT OF FIRANO AT NAPLES, AR-8087 AND AUTHORIZING
RELEASE OF THE MAINTENANCE SECURITY — FOR
PROPERTY LOCATED OFF OF DAVIS BLVD. NEAR SANTA
BARBARA BOULEVARD
Item #16A11
RESOLUTION 2016-119: FINAL APPROVAL OF ROADWAY
AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
CREEKSIDE COMMERCE PARK EAST, APPLICATION
NUMBER AR-8411, AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY, ACCEPTANCE OF
MAINTENANCE RESPONSIBILITY FOR TRACTS 4A AND 4B,
AND ACCEPTANCE OF PLAT DEDICATIONS
Item #16Al2
RESOLUTION 2016-120: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF THE QUARRY PHASE 5 APPLICATION
NUMBER PL20120001514 WITH ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED AND
AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY
Item #16A13
RECORDING THE MINOR FINAL PLAT OF RESIDENCES AT
MERCATO REPLAT ONE, APPLICATION PL20160000616 —
THE DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Page 156
June 14, 2016
Item #16A14
RECORDING THE FINAL PLAT OF OYSTER HARBOR AT
FIDDLER'S CREEK PHASE 2, (APPLICATION PL20160000543)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVING THE
AMOUNT OF THE PERFORMANCE SECURITY — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A15
RESOLUTION 2016-121 : DECLARING A PUBLIC HEARING
WILL BE HELD TO CONSIDER VACATING A PORTION OF
THE EAST END OF MAINSAIL DRIVE RIGHT-OF-WAY,
BEING A PART OF MARCO SHORES UNIT ONE, PLAT BOOK
14, PAGE 33 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(VAC-PL20160000379)
Item #16A16
AN AGREEMENT BETWEEN THE ROYAL POINCIANA GOLF
CLUB, INC., COLLIER COUNTY, AND THE CITY OF NAPLES
CONCERNING THE INSTALLATION AND MAINTENANCE OF
LANDSCAPE IMPROVEMENTS WITHIN THE MEDIAN OF A
PORTION OF SOLANA ROAD — FOR A 0.091 MILE STRETCH
OF SOLANA ROAD OFF OF GOODLETTE-FRANK ROAD
Page 157
June 14, 2016
Item #16A17
AWARDING CONTRACT #15-6418 FOR CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) AND RELATED
SERVICES FOR "VANDERBILT DRIVE BRIDGE
REPLACEMENTS PROJECT" TO AECOM TECHNICAL
SERVICES, INC., IN THE AMOUNT OF $800,675.45, PROJECT
NO. 66066.11 — CONSTRUCTION IS EXPECTED TO START
THIS SUMMER
Item #16A18
A BUDGET AMENDMENT IN THE AMOUNT OF $38,211,
PROJECT #60109 FOR FISCAL YEAR 16 TIGER GRANT
APPLICATION SUBMITTAL — TO COVER THE COST OF A
CONSULTANT TO ASSIST WITH THE GRANT APPLICATION
Item #16A19
A BUDGET AMENDMENT IN THE AMOUNT OF $36,711,
PROJECT #60118 FOR FISCAL YEAR 16 TIGER GRANT
APPLICATION SUBMITTAL — TO COVER THE COST OF A
CONSULTANT TO ASSIST WITH THE GRANT APPLICATION
Item #16A20
AFTER-THE-FACT APPROVAL FOR THE 2016 TIGER VIII
DISCRETIONARY GRANT APPLICATION, SPONSORED BY
THE UNITED STATES DEPARTMENT OF TRANSPORTATION,
FOR THE IMMOKALEE COMPLETE STREETS - GROWING
Page 158
June 14, 2016
CONNECTIONS TO CREATE MOBILITY OPPORTUNITIES
PROJECT, IN THE AMOUNT OF $13,117,240 — APPLICATIONS
WERE TO BE SUBMITTED BY APRIL 29, 2016
Item #16A21
AFTER-THE-FACT APPROVAL FOR THE 2016 TIGER VIII
DISCRETIONARY GRANT APPLICATION, SPONSORED BY
UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
THE COLLIER BOULEVARD CORRIDOR STRENGTHENING
PROJECT, IN THE AMOUNT OF $33,400,000 — APPLICATIONS
WERE TO BE SUBMITTED BY APRIL 29, 2016
Item #16A22
AFTER-THE-FACT APPROVAL FOR THE 2016 TIGER VIII
DISCRETIONARY GRANT APPLICATION, SPONSORED BY
UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
THE GOLDEN GATE ESTATES MOBILITY CATALYST
PROJECT, IN THE AMOUNT OF $19,710,000 — APPLICATIONS
WERE TO BE SUBMITTED BY APRIL 29, 2016
Item #16A23
AFTER-THE-FACT, SUBMITTAL OF A PROJECT PROPOSAL
TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE SMALL COUNTY OUTREACH PROGRAM AND A TOTAL
FUNDING REQUEST OF $691,719 — PROPOSALS WERE DUE
BY MAY 2, 2016 FOR FUNDS TO RESURFACE AND PROVIDE
SAFETY IMPROVEMENTS ON LAKE TRAFFORD ROAD
BETWEEN TRAFFORD FARM AND LITTLE LEAGUE ROADS
Page 159
June 14, 2016
Item #16A24
SUBMISSION OF A COUNTY INCENTIVE GRANT PROGRAM
(CIGP) APPLICATION WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND DESIGN AND CONSTRUCTION
FOR THE WIDENING OF AIRPORT-PULLING ROAD FROM
VANDERBILT BEACH ROAD TO IMMOKALEE ROAD —
FUNDS REQUESTED CAN BE UP TO 50% OF PROJECT
COSTS, THAT ARE ESTIMATED AT $15,887,778
Item #16A25
AGREEMENT NO. 16-6655NS, FOR THE FREEDOM PARK
WETLANDS STUDY, BETWEEN FLORIDA GULF COAST
UNIVERSITY (FGCU) AND COLLIER COUNTY IN THE
AMOUNT OF $54,403 FOR A 2-YEAR STUDY OF FREEDOM
PARK (AKA GORDON RIVER WATER QUALITY PARK),
PROJECT NUMBER 60102 — A STUDY BEING CONDUCTED
TO ENSURE PROPER FUNCTION AND MAINTENANCE OF
THE STORMWATER WETLAND AND TREATMENT SYSTEM
WITHIN THE PARK
Item #16A26
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
CASH BOND IN THE AMOUNT OF $5,000 TO NOVA HOMES
OF SOUTH FLORIDA, INC., WHICH WAS POSTED AS A
GUARANTY FOR TEST PILINGS PRIOR TO ISSUANCE OF A
BUILDING PERMIT (PBRD20150620218) — THE DEVELOPER
HAS FULFILLED THE COMMITMENTS ASSOCIATED WITH
Page 160
June 14, 2016
THIS SECURITY
Item #16A27
A RANKED LIST OF DESIGN PROFESSIONALS PURSUANT
TO RFP NO. 16-6629, "2016 BEACH RENOURISHMENT," AND
AUTHORIZING STAFF TO NEGOTIATE A CONTRACT WITH
TOP RANKED FIRM CB&I ENVIRONMENTAL &
INFRASTRUCTURE, INC. FOR THE BOARD'S SUBSEQUENT
APPROVAL, OR, IF NEGOTIATIONS ARE NOT SUCCESSFUL
WITH CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC.,
AUTHORIZING STAFF TO COMMENCE NEGOTIATIONS
WITH SECOND RANKED FIRM ENVIRONMENTAL SCIENCE
ASSOCIATES, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM — FOR THE VANDERBILT, PELICAN
BAY AND PARK SHORE BEACHES
Item #16A28
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
2017-18 COOPERATIVE FUNDING GRANT APPLICATION
SPONSORED BY SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD) IN THE AMOUNT OF $250,000 FOR
GRIFFIN ROAD AREA STORMWATER PROJECT NO. 60196 —
THE SUBMITTAL DEADLINE WAS MAY 20, 2016 FOR FUNDS
THAT WOULD BE USED TO RESHAPE/REGRADE DITCHES
AND ROADSIDE SWALES AND FOR CONSTRUCTION OF A
WEIR AND LAKE/FILTER MARSH TO TREAT WATER AND
REDUCE FLOODING IN OLDER RESIDENTIAL AREAS OF
BAREFOOT WILLIAMS ROAD, PRICE STREET AND GRIFFIN
ROAD
Page 161
June 14, 2016
Item #16A29
AFTER-THE-FACT APPROVAL TO SUBMIT A 2017-18
COOPERATIVE FUNDING GRANT APPLICATION
SPONSORED BY SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD) IN THE AMOUNT OF $248,700 FOR THE
LELY BRANCH CANAL WATER CONTROL STRUCTURE
PROJECT — THE SUBMITTAL DEADLINE WAS MAY 20, 2016
FOR FUNDS THAT WOULD BE USED TO PROVIDE FLOOD
CONTROL, GROUNDWATER RECHARGE AND IMPROVE
WETLAND FUNCTIONS
Item #16A30
RESOLUTION 2016-122: MEMORIALIZING THE BOARD'S
ACTION TO EXECUTE A LOCAL AREA PROGRAM (LAP)
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) IN WHICH COLLIER COUNTY
WOULD RECEIVE REIMBURSEMENT UP TO THE AMOUNT
OF $226,000 FOR THE PURCHASE OF ADAPTIVE TRAFFIC
CONTROL SYSTEM EQUIPMENT; AND AUTHORIZING ALL
NECESSARY BUDGET AMENDMENTS. (PROJECT #33475)
Item #16A31
ACCEPTING THE DONATION OF APPROXIMATELY 13,000
CUBIC YARDS OF SAND FROM THE COLLIER COUNTY
SCHOOL BOARD OVER THE NEXT FIVE (5) YEARS TO USE
AS NEEDED IN COLLIER COUNTY — COLLECTED FROM
VARIOUS SCHOOL PLAYGROUNDS
Page 162
June 14, 2016
Item #16A32
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $44,680.57 FOR PAYMENT OF
$4,468.06, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. GREGORY LYNN
THOMPSON AND MISTY LOU THOMPSON, CODE
ENFORCEMENT BOARD CASE NO. CESD20120012127
RELATING TO PROPERTY LOCATED AT 181 23RD STREET
SW, COLLIER COUNTY, FLORIDA — FOR VIOLATIONS
SURROUNDING A HISTORICALLY PERMITTED STEEL
BUILDING THAT WAS COMPLETELY ALTERED FROM THE
ORIGNALLY PERMITTED STATE AND BROUGHT INTO
COMPLIANCE ON SEPTEMBER 9, 2013
Item #16A33
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $103,229.20 FOR PAYMENT OF $1,500,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. O'RYAN L. ATKINSON,
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20130014959, RELATING TO PROPERTY LOCATED AT
1069 HIGHLANDS DRIVE, COLLIER COUNTY, FLORIDA —
CODE VIOLATION FOR A DRIVEWAY/APRON IN DISREPAIR
BROUGHT INTO COMPLIANCE ON JUNE 23, 2015
Item #16C1
AUTHORIZING REFUNDS TO PROPERTY OWNERS OF
Page 163
June 14, 2016
FORTY-EIGHT (48) RESIDENTIAL PROPERTIES IN
MIDDLEBROOK TOWNHOUSES IN AVE MARIA AND
RECOVERING FUNDS FROM THE FRANCHISED
CONTRACTOR PERTAINING TO THE ANNUAL SOLID
WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT FOR THE COLLECTION, DISPOSAL, AND
ADMINISTRATION OF MUNICIPAL SOLID WASTE,
ORDINANCE NO. 2005-54 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C2
CONTRACT #15-6374R AWARDED TO GUARDIAN FUELING
TECHNOLOGIES, SOUTHERN TANK AND PUMP COMPANY,
AND ADAMS TANK AND LIFT FOR MAINTENANCE, REPAIR
AND TESTING OF COUNTY-OWNED OR OPERATED FUEL
AND CHEMICAL STORAGE TANKS
Item #16C3
AWARDING A $268,600 WORK ORDER TO QUALITY
ENTERPRISES USA, INC., UNDER RFQ #14-6213-61, FOR SRO
WELLFIELD IMPROVEMENT PROJECT NUMBER 70030 — A
PROJECT AT THE SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT
Item #16C4
AWARDING RFQ #14-6213-52, "GOODLAND DRIVE WATER
MAIN REPLACEMENT," PROJECT NUMBER 71010, TO
QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF
Page 164
June 14, 2016
$612,305
Item #16D1
RESOLUTION 2016-123: MEMORIALIZING THE BOARD'S
APPROVAL TO ENTER INTO A FY2016/17 TRANSPORTATION
DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT
AGREEMENT WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED (CTD) IN THE
AMOUNT OF $824,464 WITH A LOCAL MATCH OF $91,607;
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
AGREEMENT AND SUPPORTING RESOLUTION; AND
AUTHORIZING THE REQUIRED BUDGET AMENDMENTS
Item #16D2
RESOLUTION 2016-124: AUTHORIZING SUBMITTAL OF
FEDERAL TRANSIT ADMINISTRATION A SECTION 5310
FY2015/2016 GRANT APPLICATION AND APPLICABLE
DOCUMENTS TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION. (AN ANTICIPATED FISCAL IMPACT OF
$571,947 WITH A FEDERAL SHARE OF $457,557.60, STATE
SHARE OF $57,194.70 AND LOCAL MATCH OF $57,194.70)
AND AUTHORIZING THE COUNTY MANAGER OR DESIGNEE
TO APPROVE ANY EQUIPMENT SUBSTITUTIONS UP TO THE
BUDGET AVAILABILITY — FOR FUNDING THAT WOULD BE
USED TO PURCHASE FIVE PARATRANSIT VEHICLES
Item #16D3
THE FIFTH SUBSTANTIAL AMENDMENT TO THE NSP 1
Page 165
June 14, 2016
ACTION PLAN TO REPLACE RECAPTURE PROVISIONS
WITH RESALE PROVISIONS FOR COLLIER COUNTY SOLD
PROPERTIES
Item #16D4
AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY FOR TRANSPORTATION SERVICES FOR
COUNTY RECREATION PROGRAM PARTICIPANTS AND
ANNUAL EXPENDITURES OF APPROXIMATELY $50,000 —
EFFECTIVE JULY 1, 2016 - JUNE 30, 2017 AND INCLUDES
SUMMER CAMP AND 2016/2017 SCHOOL YEAR PROGRAMS
Item #16D5
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH THE BOYS & GIRLS CLUB OF COLLIER COUNTY,
FLORIDA, INC. TO REVISE THE NATIONAL OBJECTIVE
FROM LOW MODERATE AREA TO LOW MODERATE
CLIENTS IN ORDER TO REPORT THE BENEFICIARIES TO
HUD. THERE IS NO NET FISCAL IMPACT — AMENDMENT TO
GRANT #B-15-UC-12-0016 AND #B-16-UC-12-0016
Item #16D6
CHANGE ORDER NUMBER #1 TO WRIGHT CONSTRUCTION
CORPORATION TO UPGRADE THE PROPOSED PICKLEBALL
COURTS SURFACE AT VETERANS COMMUNITY PARK AND
AUTHORIZE NECESSARY BUDGET AMENDMENTS. (FISCAL
IMPACT $36,832.85) — TO CONVERT SAND VOLLEYBALL
COURTS TO PICKLEBALL COURTS
Page 166
June 14, 2016
Item #16D7
RECOGNIZING INTEREST EARNINGS FROM STATE AID TO
LIBRARIES GRANTS AND APPROVE A BUDGET
AMENDMENT IN THE AMOUNT OF $370.83 — FOR INTEREST
EARNED THROUGH MARCH 31, 2016
Item #16D8
ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE
PROPOSAL TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION'S INVASIVE PLANT
MANAGEMENT SECTION FOR CONTRACTOR SERVICES TO
TREAT INVASIVE EXOTIC VEGETATION WITHIN GORDON
RIVER GREENWAY PARK — LOCATED OFF OF GOLDEN
GATE PARKWAY AND GOODLETTE-FRANK ROAD
Item #16D9
ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE
PROPOSAL TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION'S INVASIVE PLANT
MANAGEMENT SECTION FOR CONTRACTOR SERVICES TO
TREAT INVASIVE EXOTIC VEGETATION WITHIN
CONSERVATION COLLIER'S SHELL ISLAND PRESERVE —
LOCATED OFF OF COLLIER BLVD., WITHIN ROOKERY BAY
Item #16D10
ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE
Page 167
June 14, 2016
PROPOSAL TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION'S INVASIVE PLANT
MANAGEMENT SECTION FOR CONTRACTOR SERVICES TO
TREAT INVASIVE EXOTIC VEGETATION WITHIN
CONSERVATION COLLIER'S PEPPER RANCH PRESERVE -
SSA 7 — LOCATED OFF TRAFFORD ROAD IN IMMOKALEE
Item #16D11
ACCEPTING YEAR TWO (2) OF THE RETIRED AND SENIOR
VOLUNTEER PROGRAM GRANT AWARD IN THE AMOUNT
OF $54,522 FOR OPERATION OF THE RETIRED AND SENIOR
VOLUNTEER PROGRAM FROM THE CORPORATION FOR
NATIONAL AND COMMUNITY SERVICE
Item #16D12
RESOLUTION 2016-125: SUPERSEDING RESOLUTION NO.
2014-29 TO AMEND THE COLLIER COUNTY DOMESTIC
ANIMAL SERVICES FEE POLICY TO CONFORM WITH THE
RECOMMENDATIONS MADE IN THE MADDIE'S® SHELTER
MEDICINE PROGRAM AT THE UNIVERSITY OF FLORIDA
SHELTER CONSULTATION REPORT
Item #16D13
RATIFYING FEE WAIVERS GRANTED BY THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES FOR THE PERIOD OF JUNE 1,
2015 THROUGH DECEMBER 31, 2015 IN ACCORDANCE WITH
THE PROCESS ESTABLISHED BY RESOLUTION NO. 2014-29 —
WAIVING SURRENDER FEES FOR FIVE (5) ANIMALS
Page 168
June 14, 2016
Item #16D14
MEMORANDUM OF UNDERSTANDING (WITH
MODIFICATIONS PER AGENDA CHANGE SHEET) WITH
ANIMAL COMPASSION PROJECT AND FOR THE LOVE OF
CATS TO COORDINATE A COMMUNITY-BASED TRAP-
NEUTER-RETURN PROGRAM FOR FERAL CATS — WITH THE
STIPULATION THAT THE PROGRAM BE REVIEWED AFTER 3
YEARS TO ASSESS ITS SUCCESS
Item #16D15
REALLOCATING TOURIST DEVELOPMENT FUNDS IN THE
AMOUNT OF $310,000 FROM CATEGORY "A" BEACHES TO
CATEGORY "D" FISHING PIERS TO REPLACE THE ANN
OLESKY FISHING PIER, WITH A SUPERMAJORITY VOTE OF
THE BOARD, AND MAKE THE FINDING THAT THE PROJECT
PROMOTES TOURISM — LOCATED ON LAKE TRAFFORD IN
IMMOKALEE
Item #16D16
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH THE SHELTER FOR ABUSED WOMEN AND CHILDREN,
INC. AND COLLIER COUNTY TO COMMIT BALANCE OF
$36.40 TO ACHIEVE 60% MANDATORY ALLOCATION FOR
SHELTER OPERATIONS — GRANT #E-15-UC-12-0024E
Item #16D17
Page 169
June 14, 2016
RESOLUTION 2016-126: AUTHORIZING THE CHAIRPERSON
TO SIGN A JOINT PARTICIPATION AGREEMENT BETWEEN
COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND ACCEPTING FTA SECTION 5339
BUS AND BUS FACILITY FUNDS IN THE AMOUNT OF
$263,000 FOR NECESSARY IMPROVEMENTS TO BUS STOPS
IN RURAL AREAS IN ACCORDANCE WITH THE AMERICANS
WITH DISABILITIES ACT; AND AUTHORIZING NECESSARY
BUDGET AMENDMENTS
Item #16D18
AFTER-THE-FACT GRANT APPLICATION FOR A 2-YEAR U.S.
DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE - GRANT WITH VICTIMS
ADVOCACY INVOLVEMENT FROM DAVID LAWRENCE
CENTER, NAMI OF COLLIER COUNTY AND THE SHERIFF'S
OFFICE THAT WILL EXPAND AND ENHANCE THE COUNTY-
WIDE CRISIS INTERVENTION TEAM PROGRAM FOR LAW
ENFORCEMENT OFFICERS. (FISCAL IMPACT: $200,000 OVER
2 YEARS) — SUBMITTAL DUE DATE WAS MAY 17, 2016
Item #16D19
RESOLUTION 2016-127: APPROVING THE EXPENDITURE OF
FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES
ASSOCIATED WITH THE FORTHCOMING UNITED WAY OF
COLLIER COUNTY CAMPAIGN AND AUTHORIZING THE
WAIVER OF ENTRANCE FEES TO SUN-N-FUN LAGOON TO
ALL PARTICIPANTS IN THE UPCOMING UNITED WAY
WALK AND RUN ON THE DAY OF BOTH EVENTS
Page 170
June 14, 2016
Item #16D20
A REQUEST TO PURSUE ADDITIONAL ENHANCEMENTS AT
EAST NAPLES COMMUNITY PARK IN ORDER TO SUPPORT
THE APRIL 2017 US OPEN PICKLEBALL TOURNAMENT IN
THE AMOUNT OF $30,000 — TO UPGRADE TO TOURNAMENT
QUALITY DECOTURF, REMOVE EXISTING FENCING AND
PROVIDE A SHADE COVER
Item #16D21
A PLEDGE OF MATCHING FUNDS IN THE AMOUNT OF
$13,000 TO GOOD WHEELS, INC. IN THE EVENT THEY ARE
SUCCESSFULLY AWARDED A MOBILITY ENHANCEMENT
GRANT BY THE FLORIDA COMMISSION OF THE
TRANSPORTATION DISADVANTAGED (CTD) — TO PROVIDE
TRANSPORTATION FOR IMMOKALEE RESIDENTS TO
HENDRY COUNTY FOR ACCESS TO HEALTHCARE,
EDUCATION AND EMPLOYMENT
Item #16E1
RECOGNIZING ACCRUED INTEREST EARNED BY EMS
COUNTY GRANT REVENUE AND APPROPRIATE FUNDS FOR
A TOTAL AMOUNT OF $104.87 — FOR THE PERIOD OF
JANUARY 1, 2016 THROUGH MARCH 31, 2016
Item #16E2
ASSUMPTION AGREEMENT FROM PELICAN ENGINEERING
Page 171
June 14, 2016
CONSULTANTS, LLC TO PELICAN ENGINEERING
ASSOCIATES, INC. AS IT RELATES TO CONTRACT #13-6164,
"PROFESSIONAL SERVICES ARCHITECT AND
ENGINEERING" — THE ACQUISITION TOOK PLACE
DECEMBER 11, 2014
Item #16E3
CONSIDERATION OF CERTAIN AFFILIATIONS OF PUBLIC
SAFETY AUTHORITY MEMBERS TO OTHER GROUPS AND
DETERMINE THAT THESE AFFILIATIONS DO NOT PRESENT
A CONFLICT AS SET FORTH IN THE PUBLIC SAFETY
AUTHORITY ORDINANCE — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E4 — Continued to the June 28, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD REQUEST FOR PROPOSAL
#16-6618, "ANNUAL CONTRACT FOR GENERAL
CONTRACTOR SERVICES" TO THE FOLLOWING SIX FIRMS:
SURETY CONSTRUCTION COMPANY, BRADANNA, INC.,
COMPASS CONSTRUCTION, INC., WILLIAM J. VARIAN
CONSTRUCTION COMPANY, INC., CHRIS TEL, AND EBL
CONSTRUCTION
Item #16E5
EXTENDING CONTRACT #13-6062 AND #13-6062S, "ANNUAL
CONTRACT FOR LANDSCAPE MAINTENANCE VENDORS"
THROUGH DECEMBER 27, 2016 OR SOONER SHOULD A
Page 172
June 14, 2016
NEW CONTRACT BE AWARDED BY THE BOARD — DUE TO A
SCRIVENER'S ERROR REGARDING THE START DATE
Item #16E6
AWARDING CONTRACT #16-6555, GROUND MAINTENANCE
— FACILITIES MANAGEMENT DIVISION, TO HANNULA
LANDSCAPING & IRRIGATION, INC., AND APPROVING
AGREEMENT #16-6555 WITH HANNULA LANDSCAPING &
IRRIGATION, INC.
Item #16E7
A BUDGET AMENDMENT IN THE AMOUNT OF $104,649 TO
ALLOW FOR CONTINUOUS OPERATION OF THE
EMERGENCY MANAGEMENT DIVISION IN ANTICIPATION
OF RECEIPT OF AN ANNUAL EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG) FROM THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT AND, UPON
RECEIPT OF THE GRANT, AUTHORIZE THE CHAIRMAN TO
SIGN THE STATE EMPG FEDERAL GRANT #17-FG-XX-09-21-
01-085 — TO ENSURE FUNDS ARE ACCEPTED BY THE
BOARD PRIOR TO THE GRANT'S JULY 1, 2016 START DATE
Item #16E8
A BUDGET AMENDMENT IN THE AMOUNT OF $105,806 TO
ALLOW FOR CONTINUOUS OPERATION OF THE
EMERGENCY MANAGEMENT DIVISION IN ANTICIPATION
OF THE RECEIPT OF AN ANNUAL EMERGENCY
MANAGEMENT PERFORMANCE ASSISTANCE (EMPA)
Page 173
June 14, 2016
GRANT FROM THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND, UPON RECEIPT OF THE GRANT,
AUTHORIZE THE CHAIRMAN TO SIGN THE STATE EMPA
GRANT #17-BG-83-09-21-01-018 — TO ENSURE FUNDS ARE
ACCEPTED BY THE BOARD PRIOR TO THE GRANT'S START
DATE ON JULY 1, 2016
Item #16E9
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR MODIFICATIONS
TO WORK ORDERS, CHANGE ORDERS, SURPLUS PROPERTY
AND OTHER ITEMS AS IDENTIFIED — COVERING THE
PERIOD APRIL 19, 2016 THROUGH MAY 24, 2016
Item #16E10
AMENDMENT #1 TO AGREEMENT #12-5831 FOR
UNEMPLOYMENT COST MANAGEMENT SERVICES TO
TALX CORPORATION IN AN ESTIMATED AMOUNT OF
$2,400, AND AFFIRM THE PROCUREMENT DIRECTOR'S
EXECUTION OF THIS AMENDMENT — ADDING THREE (3)
YEARS TO THE AGREEMENT AND REDUCING THE YEARLY
BASE FEE
Item #16F1
LETTER OF AGREEMENT (LOA) BETWEEN SOUTHWEST
HERITAGE, INC. AND COLLIER COUNTY FOR LEASEHOLD
IMPROVEMENTS TO A RAILROAD CAR AT NAPLES DEPOT
TO HOUSE THE GREATER NAPLES CHAMBER OF
Page 174
June 14, 2016
COMMERCE VISITOR INFORMATION CENTER AND MAKE A
FINDING THAT THE PROJECT EXPENDITURE PROMOTES
TOURISM
Item #16F2
APPROVAL OF TOURIST DEVELOPMENT TAX CATEGORY
"B" FUNDING TO SUPPORT THE THREE UPCOMING FY 16
SPORTS EVENTS UP TO $17,200 AND MAKE A FINDING
THAT THESE EXPENDITURES PROMOTE TOURISM — FOR
THE YBOA GULF COAST REMIX BEING HELD AUGUST 5-7,
NAPLES SPORTS FESTIVAL AUGUST 25-28 AND THE
NAPLES CUP FROM SEPTEMBER 16-18, 2016
Item #16F3
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
BUDGET AMENDMENT #16-473 REGARDING THE FOREST
LAKES MSTU FUND
Item #16F4
RESOLUTION 2016-128: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #16F5
Page 175
June 14, 2016
REJECT CONTRACTOR BIDS FOR INVITATION TO BID (ITB)
#16-6644, FOR LAKE AERATION FOR PELICAN BAY — STAFF
TO DRAFT A NEW SOLICITATION THAT SPECIFIES THE
TYPE OF LICENSE REQUIRED FOR THE INSTALLATION OF
THE SOLAR BASED EQUIPMENT AFTER REVIEWING A
PROTEST BY ONE OF THE VENDORS
Item #16G1
SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION IN THE ESTIMATED AMOUNT
OF $514,975 FOR DESIGN, PERMITTING, AND BID OF THE
AIRCRAFT APRON EXPANSION AND TERMINAL
DEMOLITION PORTION OF THE TERMINAL RELOCATION
PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT.
THE ESTIMATED DESIGN COST FOR THE ENTIRE PROJECT
IS $1,197,475, INCLUDING AN ESTIMATED $682,500 NOT
ELIGIBLE FOR FAA FUNDING — TO ALLEVIATE SAFETY
CONCERNS AND RAMP/PARKING ISSUES
Item #16H1
RESOLUTION 2016-129: REAPPOINTING GARY MCNALLY,
MICHAEL E. BOYD & ELLE HUNT TO THE CONTRACTOR'S
LICENSING BOARD TO TERMS EXPIRING JUNE 30, 2019
Item #16H2
RESOLUTION 2016-130: APPOINTING GEORGE RUSSELL
WEYER TO THE HEALTH FACILITIES AUTHORITY FOR A
TERM EXPIRING MAY 15, 2017
Page 176
June 14, 2016
Item #16H3
RESOLUTION 2016-131 : APPOINTING STEPHEN JARON TO
THE BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE
Item #16I1 — Moved to Item #13A (Per Agenda Change Sheet)
Item #16J1
PROVIDING THE BOARD OF COUNTY COMMISSIONERS,
THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2016-4 JOB CREATION INVESTMENT PROGRAM:
ARTHREX, INC., AND ARTHREX MANUFACTURING, INC.,
ISSUED ON JUNE 8, 2016
Item #16J2 — Moved to Item #13B (Per Agenda Change Sheet)
Item #16J3 — Moved to Item #13C (Per Agenda Change Sheet)
Item #16K1
AUTHORIZING AN INCREASE TO THE PURCHASE ORDER
FOR NABORS, GIBLIN & NICKERSON, P.A. ("NABORS
GIBLIN") RELATING TO LEGAL SERVICES IN THE CASE OF
COLLIER COUNTY V. ORANGE TREE UTILITY CO., ET AL,
CASE NO. 2014-CA-001434 AND ALL WORK RELATED TO
CONCLUDING THE ACQUISITION AND INTEGRATION OF
THE ORANGE TREE UTILITY COMPANY INTO THE COLLIER
COUNTY WATER-SEWER DISTRICT — INCREASING THE P.O.
AN ADDITIONAL $75,000
Page 177
June 14, 2016
Item #161(2
REJECTING AN OFFER OF JUDGMENT IN THE AMOUNT OF
$121,000, INCLUSIVE OF ATTORNEY'S FEES AND EXPERT
FEES, FOR THE TAKING OF PARCEL 141RDUE REQUIRED
FOR THE WIDENING OF GOLDEN GATE BOULEVARD,
PROJECT NO. 60040 — DUE TO THE OFFER BEING $24,700
OVER THE AMOUNT OF THE AGREEMENT
Item #16K3
A PRE-SUIT MEDIATED SETTLEMENT AGREEMENT AND
AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT
AGREEMENT WITH AFFORDABLE LANDSCAPING SERVICE
& DESIGN, LLC. AND ALBERT BENARROCH
Item #17A
RESOLUTION 2016-132: DESIGNATING THE CLOSE-OUT OF
THE 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 #17B
ORDINANCE 2016-17: AMENDING ORDINANCE NO. 2001-09,
AS AMENDED, PINE RIDGE CENTER WEST PLANNED UNIT
Page 178
June 14, 2016
DEVELOPMENT, BY REMOVING THE 2 STORY HEIGHT
LIMIT ON PARKING STRUCTURES WHILE RETAINING THE
HEIGHT LIMIT OF 30 ACTUAL FEET; REMOVING A 4 STORY
HEIGHT LIMITATION FOR PRINCIPAL STRUCTURES IN ALL
COMMERCIAL AREAS; BY INCREASING THE MAXIMUM
HEIGHT OF PRINCIPAL STRUCTURES IN ALL COMMERCIAL
AREAS FROM 50 FEET TO 58 FEET, AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING
OF 8.87+/- ACRES, IS LOCATED SOUTH OF PINE RIDGE
ROAD AND EAST OF LIVINGSTON ROAD IN SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PUDA-PL20160000132]
Item #17C
RESOLUTION 2016-133: VAC-PL20160000343, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 30-FOOT WIDE COUNTY
UTILITY EASEMENT (C.U.E.), AND THE PRIVATE INTEREST
IN A PORTION OF THE 5-FOOT WIDE UTILITY EASEMENT
(U.E.) LOCATED IN LOT 1, BLOCK C OF BOCA PALMS OF
NAPLES AS RECORDED IN PLAT BOOK 16, PAGE 67 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Item #17D
ORDINANCE 2016-18: AMENDING CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT
Page 179
June 14, 2016
FEE ORDINANCE, AMENDING THE ROAD IMPACT FEE
RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX
A, AND THE CORRECTIONAL FACILITIES IMPACT FEE
RATE SCHEDULE, WHICH IS SCHEDULE FOUR OF
APPENDIX A, AND PROVIDING FOR AN EFFECTIVE DATE
OF SEPTEMBER 12, 2016, IN ACCORDANCE WITH THE 90-
DAY NOTICE REQUIREMENTS SET FORTH IN SECTION
163.31801(3)(D), FLORIDA STATUTES AND TO ALLOW FOR
IMPACT FEE DEFERRAL REQUESTS TO BE FILED AFTER
THE BUILDING PERMIT WAS RECEIVED FOR PERMITS
ISSUED BETWEEN JUNE 23, 2015 AND JUNE 23, 2016
Item #17E
RESOLUTION 2016-134: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #17F
ORDINANCE 2016-19: AMENDING ORDINANCE 2013-69,
AS AMENDED, THE COLLIER COUNTY PURCHASING
ORDINANCE, BY ADDING A NEW SUB-SECTION TO
ESTABLISH A VENDOR PAYMENT DISPUTE RESOLUTION
PROCESS IN ACCORDANCE WITH THE LOCAL
GOVERNMENT PROMPT PAYMENT ACT TO BE
CONDUCTED BY AN IMPARTIAL PROMPT PAYMENT
HEARING EXAMINER; AND AUTHORIZING THE
ESTABLISHMENT OF THE COLLIER COUNTY PROMPT
PAYMENT PROCEDURE PROCESS FOR THE CONDUCT OF
Page 180
June 14, 2016
HEARINGS BEFORE THE PROMPT PAYMENT HEARING
EXAMINER
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:44 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
4-4/4 j.4;&
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E.43ROCK, CLE
. ; as to cf anrs
ire only.
These minutes approved by the Board on /- l i a-- i 1 (O
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 181