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BCC Minutes 04/26/2016 R BCC REGULAR MEETING MINUTES April 26, 2016 April 26, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 26, 2016 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Donna Fiala Tim Nance Tom Henning Georgia Hiller Penny Taylor ALSO PRESENT: Jeffrey A. Klatzkow, County Attorney Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Crystal Kinzel, Office of the Clerk of Courts Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority c ' Ii1. L 4. 10 r. ,, (4C ', AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 26, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair Commissioner Tom Henning, District 3 — PSCC Representative Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 April 26 2016 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Bob Scudieri - Peace Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. March 22, 2016 - BCC/Regular Meeting Minutes C. April 5, 2016 - BCC/Bayshore Gateway Triangle CRA and Page 2 April 26 2016 Immokalee CRA Workshop 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Sharon Keshock— Library b) Annis Moxam - Operations & Regulatory Management 2) 25 Year Attendees a) Debbi Maxon - Community & Human Services b) Laurie McKenney - EMS Operations 3) 30 Year Attendees a) Richard D'Orazio - EMS b) Walter Kopka - EMS 4) 35 Year Attendees b) William Peplinski - EMS B. RETIREES 1) 13 Years of Service a) Jim Young - Information Technology 2) 31 Years of Service a) Bill Lorenz - Engineering & Natural Resources 4. PROCLAMATIONS Page 3 April 26 2016 A. Proclamation recognizing the 65th Annual National Day of Prayer, a day set aside by Congress for all Americans to unite in prayer to give thanks for the many blessings our country has received. To be accepted by representatives from First Baptist Church of Naples, New Hope Ministries and the Salt & Light Advisory Council. B. Proclamation designating May 1-7, 2016 as National Corrections Officer Week in Collier County. To be accepted Sheriff Kevin Rambosk, Chief Chris Roberts, Capt. Beth Richards, Cmdr. Kevin McGowan, Cmdr. Patricia Gifford and many other Corrections Officers and Naples Jail Center staff. C. Proclamation designating Tuesday, April 26, 2016, as CCPS Proud Day in Collier County. To be accepted by Collier County Schools Superintendent Kamela Patton, Deputy Superintendent David Stump, Associate Superintendent Luis Solano and Assistant Superintendent Peggy Aune. D. Proclamation designating May 7, 2016 as "Stuff the Bus Day" in Collier County, in recognition of a community effort to "Stuff the Bus" with non- perishable food to replenish the local food bank and feed the hungry. To be accepted by Steve Carnell, Public Services Department Head; Michelle Arnold, Public Transit and Neighborhood Engagement Division Director; Omar Deleon, Collier County Public Transit Senior Planner; Karole Davis, Manager with Harry Chapin Food Bank; Allan Crockett, Publix; Steve Sanderson, United Way Executive Director; Spencer Smith, United Way Communication Manager, Ann Bares, United Way Vice-President of Volunteer Engagement, and Board Members of the United Way, Brandon Box and Tom Donahue. 5. PRESENTATIONS 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. Page 4 April 26 2016 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to authorize a time certain of 5:00 PM for the RaceTrac Gas Station item when it is scheduled for an upcoming BCC Meeting in order to facilitate participation by working residents of the community concerned about the RaceTrac development proposal on US41 between Palm and Frederick Streets. (Commissioner Taylor) B. This item to be heard at 11:00 a.m. To provide an overview of the process for the Eastern Collier Habitat Conservation Plan (HCP) being carried out by the US Fish and Wildlife Service. (Commissioner Taylor) C. Recommendation directing the County Manager to solicit bids for a new Tourism Marketing and Promotion contract. (Commissioner Taylor) D. Recommendation that Board of County Commissioners (Board) follow the procedures detailed in § 136.06(1), Florida Statutes, pertaining to the execution of checks and warrants for the County. (Commissioner Hiller) E. Recommendation to direct the County Manager to develop internal controls over Electronic Fund Transfers (EFTs) in conformance with § 668.006, Florida Statutes, and bring the proposed control measures back to the Board of County Commissioners for final approval. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. Recommendation to award Bid #15-6484 to Quality Enterprises USA, Inc., for the "New Market Road Sidewalk Improvements" project for construction of sidewalk improvements on both sides of New Market Road from North 15th Street to East Main Street in the amount of$1,468,940.26, Project No. 33423, and authorize the necessary budget amendment. (Jay Ahmad, Growth Management Transportation Engineering Director) B. Recommendation to award Bid #16-6589, "Memorial Pathway on Vanderbilt Drive," to Haskins, Inc. for construction of pathway and roadway Page 5 April 26 2016 improvements in the amount of$2,341,044.22, Project No. 60178. (Jay Ahmad, Growth Management Transportation Engineering Director) C. Recommendation to adopt five resolutions authorizing condemnation of that land and those perpetual easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. (Project No. 60145). Estimated fiscal impact: $5,737,000. (Jay Ahmad, Growth Management Transportation Engineering Director) D. Recommendation to consider forwarding Petition Number ASW- PL20150002369, which seeks the granting of a waiver from the minimum required separation distance of 500 feet between facilities with fuel pumps, for the proposed Racetrac to be located on the south side of U.S. 41 between Frederick Street and Palm Street, which matter is presently scheduled to be heard by the Board of County Commissioners (Board) on May 24, 2016, to either the Hearing Examiner or the Collier County Planning Commission (Planning Commission) for a finding of facts and recommendation to the Board. (Nick Casalanguida, Deputy County Manager) E. Recommendation to adopt a Resolution to hold a public hearing to consider vacating one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of Col-Lee-Co Terrace, Plat Book 1, Page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (VAC- PL20150002788) (The subject property is located on the southwest corner of the Tamiami Trail East (U.S. 41) and the Palm Street intersection). (Nick Casalanguida, Deputy County Manager) Resolution 2016- : F. This item to be heard at 11:30 a.m. Recommendation to accept the staff report on the County's 2016 State & Federal Legislative Priorities. (Brandon Reed, Federal & State Legislative Affairs Coordinator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 6 April 26 2016 A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) This item to be heard at 10:00 a.m. Recommendation to consider a real estate purchase agreement for the 5.27 acre Bayshore Gateway Mini-Triangle property (Property) between Real Estate Partners International, LLC (Purchaser) and the Board of County Commissioners (Seller), acting as the authority for Bayshore/Gateway Triangle Redevelopment Area. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance and unconditional conveyance of water and sewer utility facilities for Logan Boulevard, PL20120000058, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$31,692.50 to the Project Engineer or the Developer's designated agent. 2) Recommendation to approve Petition VAC-PL20160000009 to quitclaim and release County interest in the ingress and egress easement running through the west side of property described in Exhibit A attached hereto, as recorded in Official Record Book 624, Page 1639 of the Public Records of Collier County, Florida in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 3) Recommendation to approve and execute a Local Agency Program (LAP) Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $261,066 for the Page 7 April 26 2016 construction of sidewalks in East Naples (Lombardy Lane and Orchard Lane) and to authorize the necessary budget amendment. (Project # 33460, FPN 430879-1-58-01) 4) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 289RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. (Project No. 60145) (Estimated Fiscal Impact: $15,200) 5) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage and utility easement (Parcel 331RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. (Project No. 60145) (Estimated Fiscal Impact: $2,527) 6) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 334RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. (Project No. 60145) (Estimated Fiscal Impact: $8,150) 7) Recommendation to award Agreement #15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program (LAP) funded projects to Aim Engineering & Surveying, Inc.; "Construction Engineering and Inspection (CEI) Services for LAP Funded Projects." Growth Management Grant Fund 711. 8) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Riverstone - Plat Four Application Number 20120002198 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications and authorizing the release of the maintenance security. 9) Recommendation to approve an easement agreement for the purchase of two Road Right-of-Way, Drainage and Utility Easements (Parcels 35ORDUE and 348RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145. (Estimated Fiscal Impact: $31,550) Page 8 April 26 2016 10) Recommendation to approve the release of a code enforcement lien with an accrued value of$219,726.28 for payment of$126.28 in code enforcement action entitled Board of County Commissioners v. PNC Bank, N.A., Code Enforcement Board Case No. CESD20130010194 relating to property located at 3245 37th Avenue NE, Collier County, Florida, that will result in the donation of the property to Collier County for the benefit of Conservation Collier. 11) Recommendation to approve the release of a code enforcement lien with an accrued value of$34,362.82 for payment of$562.82 in the code enforcement action entitled Board of County Commissioners v. Jack and Muriel Floyd, Code Enforcement Special Magistrate Case No. CEPM20120009545 relating to property located at 11466 Laertes Lane, Collier County, Florida. 12) Recommendation to approve the release of a code enforcement lien with an accrued value of$150,127.50 for payment of$577.50, in the code enforcement action entitled Board of County Commissioners v. C Walt, Inc. Asset-Backed CT, Code Enforcement Board Case No. CESD20140007746, relating to property located at 5681 Dogwood Way, Collier County, Florida. 13) Recommendation to approve the release of a code enforcement lien with an accrued value of$92,600 for payment of$500 in the code enforcement action entitled Board of County Commissioners v. Sandra Sage and Carla Sage, Code Enforcement Board Case No. CELU20130015799 relating to property located at 3123 Ravenna Avenue, Collier County, Florida. 14) Recommendation to approve the release of a code enforcement lien with an accrued value of$32,250 for payment of$682.13, in the code enforcement action entitled Board of County Commissioners v. Gabriela Guzman, Code Enforcement Special Magistrate Case No. CEPM20100002802, relating to property located at 17034 Lockhart Drive, Collier County, Florida. 15) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 315RDUE) required for the expansion of Golden Gate Boulevard Page 9 April 26 2016 from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $15,200). 16) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Treviso Bay Roadway, Phase 1, PL20130000149. 17) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Woodcrest Drive, Phase 1, PL20140000610, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 18) Recommendation to approve final acceptance and unconditional conveyance of water and sewer utility facilities for Camden Lakes, Phase 2, PL20140001156, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or Developer's designated agent. 19) Recommendation to approve a Second Amendment to the Settlement Agreement between Dennis J. Lynch and the Board of County Commissioners dated February 4, 1994, as amended for the purpose of modifying the Alternative Conceptual Master Plan attached as Exhibit A to the Settlement Agreement Amendment to reconfigure the driveways, parking spaces and common areas, to remove two buildings and a plaza and replace with a proposed assisted living community, and to remove the obelisk and replace it with three proposed flagpoles, for property located on the west side of Airport- Pulling Road, approximately one-quarter mile north of Golden Gate Parkway, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. [PMC-PL20160000197] 20) Recommendation to approve a standalone Growth Management Plan (GMP) amendment cycle to allow for the removal of the existing maximum allowable off-site runoff discharge rates by basin from the GMP; in the interim, approve placing in abeyance the discharge rates in the GMP; and, authorize staff to initiate amendments to the Code of Laws and Ordinances and/or Land Development Code (LDC) to add Page 10 April 26 2016 stormwater discharge rates; and, approve a standalone LDC amendment cycle, if needed. 21) Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and KE Talis Park Properties, LLC, in order to reconvey to KE Talis Park Properties, LLC all irrigation utility facilities associated with a development project at Seneca at Talis Park, PL20140001965, which were previously erroneously conveyed to the County. 22) Recommendation to approve the name of a Collier County artificial reef site pursuant to the Memorandum of Understanding with the Community Foundation of Collier County and accept and appropriate a donation in the amount of$98,000 for Artificial Reef Donations Project No. 44038. 23) Recommendation to award Invitation to Bid #16-6616 "Right of Way and Designated Maintenance Easements Mowing for Rural, Urban and Aquatics" to Chuchi Bush Hog, Inc. as the primary contractor, Duval Landscape Maintenance, LLC., the secondary contractor, and Caribbean Lawn & Garden of SW Naples FL., Inc. as the tertiary contractor. 24) This item has been continued from the April 12, 2016 BCC Meeting. Recommendation to award Invitation to Bid #16-6537R "Annual Contract for Landscape Maintenance" to primary, secondary and tertiary contractors. 25) Recommendation to direct the County Attorney to advertise an Ordinance amending Ordinance No. 2006-57 to add a new section allowing for the use of golf carts upon designated roads in the Ave Maria Stewardship Community District (the "District") and to approve an agreement with the District whereby the District agrees to defend Collier County against any actions related to the adoption of the proposed Ordinance. 26) Recommendation to authorize staff to perform a one-time maintenance cleaning of the State Road 29 Canal (Barron River) and develop, in conjunction with State and Federal agencies, a long range Page 11 April 26 2016 maintenance program proposal to be presented to the County Commission at a future Board meeting for final action (Fiscal impact: $90,000). B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve the application and recipient agreement for the Immokalee CRA Commercial Facade Improvement Grant Program for reimbursement of$20,000 for facade improvements to Lozano's Restaurant located at 405 New Market Road, Immokalee, Florida, which is located within the Immokalee Community Redevelopment Area. 2) Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) authorize staff to notify landlord Bayshore Drive, LCC that the CRA wishes to exercise its option to extend the lease term for two years as allowed by the Commercial Lease Agreement, dated July 1, 2013, between 3570 Bayshore Drive, LLC and Bayshore/Gateway Triangle Community Redevelopment Agency for CRA staff office space. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a $255,595 work order under Request for Quotation #14-6213-57 to Haskins, Inc., under Project Number 70019, "Cross Connection Control Program"; and approve the necessary budget amendment. 2) Recommendation to approve a Certification of Financial Responsibility, as required by Florida Department of Environmental Protection, for the renewal of operating permits for the deep injection well systems at the South County Regional Water Treatment Plant. 3) Recommendation to approve a $419,355.68 work order under Request for Quotation #14-6213-59 to Quality Enterprises USA, Inc., for Project #71010, "Vanderbilt Drive 12-inch Water Main Replacement." Page 12 April 26 2016 4) Recommendation to review findings of the Risk Assessment Report for the Utility of the City of Everglades; advise Florida Department of Environmental Protection (FDEP) that the County is not in a position to accept ownership or serve as the operator of the City of Everglades Utility at this time and encourage the City of Everglades to work with appropriate Federal and State Agencies for assistance to achieve full permit compliance and operational reliability in the Utility. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to execute five Landlord Payment Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions Grant Program. 2) Recommendation to approve the First Amendment to the Subrecipient Agreement with Community Assisted and Supported Living, Inc. to clarify tenant income limits and affordable rental requirements. 3) Recommendation to approve and authorize the Chair to execute Amendment No. 1 to the Parks and Recreation Division Facility Use Memorandum of Understanding with the Naples BMX, Inc. 4) Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2016/2017, 2017/2018 and 2018/2019, sign associated documents, authorize submission to the Florida Housing Finance Corporation. 5) Recommendation to approve a Substantial Amendment to Collier County's U.S Department of Housing and Urban Development Annual Action plans for FY2011/2012, FY2012/2013, FY2013/2014, and FY2014/2015 for the Youth Haven Safe and Secure Homes project in order to shift funds allocated for repaving activities to the installation of fiber-optic cable and network equipment. 6) Recommendation to accept the preliminary needs assessment for setting spending priorities for the U.S. Housing and Urban Development (HUD) entitlement grant funds. Page 13 April 26 2016 7) Recommendation to approve an "after-the-fact" amendment, attestation statement and budget amendment award for the Nutrition Services Incentive Program from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal Impact: $6,574.30) 8) Recommendation to approve an after-the-fact Amendment to the Community Care for the Elderly and Home Care for the Elderly Programs and Attestation Statements with Area Agency on Aging for Southwest Florida, Inc. for Services for Seniors programs. (No Fiscal Impact) 9) Recommendation to approve and authorize the Chair to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (DEVELOPER) for deferral of Specified Collier County impact fees for 50 owner-occupied affordable housing units located at Legacy Lakes, Immokalee, Florida. 10) Recommendation to reject the sole response received for Invitation to Bid #16-6570 for Pool Heater/Cooler Repair. 11) Recommendation to approve Change Order #05 to Contract No. 14- 6320, adding one hundred twenty (120) days and increasing the total project cost by $69,623.72, to Danella Utility Construction Inc., on the Vanderbilt Beach MSTU (the "MSTU") Underground Utility Conversion Project Phase II and III and approve an Agreement wherein Florida Power & Light Company ("FPL") agrees to pay repair costs associated with the improper installation of conduit. 12) Recommendation to approve and execute the attached time extension to Contract Number AQQ85, Joint Participation Agreement (JPA) with Florida Department of Transportation under the State Transit Service Development Program, to provide funding to make necessary improvements to bus stops in accordance with The Americans with Disabilities Act (ADA). 13) Recommendation to approve a Release of Declaration of Restrictions where the term has been met for renovation of rental units targeted to low-income residents by Immokalee Non-Profit Housing, Inc. A.K.A. Immokalee Housing & Family Services with Community Page 14 April 26 2016 Development Block Grant funds as originally approved in the FY 2009-2010 Action Plan. 14) Recommendation to review staffs findings and recommendations regarding the Bristol Pines petition, render a decision regarding this petition, and ensure the request is in harmony with all the applicable codes and regulations in order to ensure the community's interests are maintained; and specifically, (a) approve lien agreements with Bristol Pines, LLC. [Sobelco] (Developer) for deferral of Specified Collier County impact fees for 14 owner-occupied affordable housing units located in Bristol Pines II, Naples, Florida for affordable housing units already issued a permit, and (b) approve a settlement agreement confirming the number of affordable units required to be occupied in this development, and assigning the Affordable Housing Density Bonus Agreement to the Developer. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve conveyance of a Utility Facility Warranty Deed and Bill of Sale, and Utility Easement to the Collier County Water-Sewer District for water and wastewater infrastructure to service EMS Station #76, 790 Logan Boulevard North, Naples Florida. 2) Recommendation to approve a Bill of Sale conveying fire suppression facilities installed by the Collier County Water-Sewer District to Blue Sky's Co-Op, Inc. mobile home park for ownership and maintenance consistent with existing Utility Standards. 3) Recommendation to award contracts under Request for Proposal #15-6521, "Information Technology On-Call Services" to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting, Inc. to provide supplemental information technology (IT) services on an as needed basis. 4) Recommendation to approve a Second Amendment to a Lease, extending an existing lease with Drop Anchor Mobile Homeowner's Association, Inc. for an additional ten years authorizing Drop Anchor to occupy space within County-owned right-of-way in Goodland. Page 15 April 26 2016 5) Recommendation to approve Amendment No 11 to the Agreement with Collier County District School Board for the Driver Education Program. 6) Recommendation to award Invitation to Bid (ITB) #16-6585 "Golden Gate Community Center Re-roof/Repairs" to Crowther Roofing & Sheet Metal FL, Inc., to remove, replace and repair deteriorated roofing on Golden Gate Community Center in the amount of $104,800. 7) Recommendation to approve a Second Amendment to the Radio Tower Lease Agreement with Crown Castle GT Company LLC to add equipment required for the approved upgrade of the County's public safety radio system. 8) Recommendation to award Invitation to Bid (ITB) #16-6545 "Contract Laborers," to Balance Professional, Inc. as the primary, and TRP Partners LLC as the secondary, for Countywide temporary labor services and authorize the Chairman to execute contracts with vendors. 9) Recommendation to approve the Corporate Partnership Agreement between Hodges University and Collier County providing for discounted tuition rates to employees; and authorize the County Manager or designee to execute the agreement. 10) Recommendation to reject Request for Quote #16-6559, EMS Term Loan and fund the replacement of the current mechanical compression devices with the LUCAS 2 mechanical compression devices utilizing a promotional interest free loan agreement between Physio Control and USBank Equipment Finance. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 2) Recommendation to approve a report covering budget amendments Page 16 April 26 2016 impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. G. AIRPORT AUTHORITY 1) Recommendation to reject Bid #16-6557 - Automated Weather Observation System (AWOS) Project No. 33452 and re-solicit the project. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint a member to Conservation Collier Land Acquisition Advisory Committee. 2) Recommendation to reappoint three members to the Bayshore Beautification Advisory Committee. 3) Recommendation to reappoint three members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. 4) Recommendation to appoint one alternate citizen member to the Value Adjustment Board. 5) Recommendation to reappoint one member to Forest Lakes Roadway and Drainage Advisory Committee. 6) Recommendation to consider requests from the County's Medical Director and Deputy Medical Director for compensation modification pursuant to their respective contracts and the Interlocal Agreement between Collier County and North Collier Fire Control and Rescue District. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, Page 17 April 26 2016 the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between March 31 to April 13, 2013 pursuant to Florida Statute 136.06. 2) To provide the Board a "Payables Report" for the period ending April 13, 2016 pursuant to the Board's request. 3) Recommendation to approve a budget amendment recognizing $1,305,000 in revenues and expenditures in the Sheriffs FY206 General Fund budget. K. COUNTY ATTORNEY 1) Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the amount of$12,500 for Parcel 175RDUE in the case styled Collier County v. Christopher Warburton, et al., Case No. 15-CA-335 required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal Impact: $3,300) 2) Recommendation to approve hiring and authorize the expenditure to retain Jim Nulman of Nulman Mediation Services to serve as Mediator for a pre-suit mediation with Affordable Landscaping, as required by the standard County Contract between the Parties. 3) Recommendation to approve and authorize the Chairman to sign the Release and Waiver required to finalize the County's pending litigation with the Department of Juvenile Justice as required by Section 985.6865, Florida Statutes, Juvenile Detention. (Effective March 29, 2016) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items Page 18 April 26 2016 are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150002813, to disclaim, renounce and vacate County and public interest in the 15-foot drainage easement located along the border between Lots 2 & 3, of North Collier Industrial Center, as recorded in Plat Book 31, Pages 50 through 51 of the Public Records of Collier County, Florida, located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, and to accept a replacement easement. B. Recommendation to approve (adopt) the Hibiscus Residential Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20150002354/CPSS-2015-2) [Companion to Petition PUDA- PL20150002326] C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in.Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2015-25, the Hibiscus Residential Planned Unit Development, to increase the multi-family zoned height from 45 to 50 feet and actual height from 50 to 55 feet; and increase the number of residential units allowed per building from 12 units to 16 units and to correct a scrivener's error on the Master Plan. The subject property is located on the south side of Rattlesnake-Hammock Road at the intersection of Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 7.9+/- acres; and by providing an effective date. (PUDA-PL20150002326) (Companion to PL20150002354/CPSS-2015-3) D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in.Recommendation to approve Petition VAC- PL20160000324, to disclaim, renounce and vacate County and public Page 19 April 26 2016 interest in a portion of the 18-foot drainage and maintenance easement located along the rear border of Lot 125, Villages of Monterey at Woodbridge, Unit Four as recorded in Plat Book 17, Page 77 of the public records of Collier County, Florida, located in Section 2, Township 49 South, Range 25 East, Collier County, Florida. E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. F. Recommendation to amend Section Twelve of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended), to incorporate a procedure to accept unsolicited proposals (through public private partnerships — "P3's") and approve a Resolution that establishes an application fee required by private entities wishing to submit unsolicited proposals for qualifying public projects. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 20 April 26 2016 April 26, 2016 CHAIRMAN FIALA: Thank you very much. Welcome, everyone. So glad you're all here with us. I notice there's more out in the hallway. We've got a full house today, don't we? Leo, before even begin -- well, maybe we should have the prayer and the pledge first, and then we'll move forward. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Good morning, sir. Let's see. This is Reverend Bob Scudieri, right? REVEREND SCUDIERI: Yes. CHAIRMAN FIALA: And he's from Peace Lutheran Church. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND SCUDIERI: Proverbs 36, in all thy ways acknowledge the Lord and He shall direct your paths. Lord God, you know this board says that it wants to exceed expectations every day. We are keenly conscious of how you exceed our expectations and the expectations of the people of Collier County, from the expectation of a morning sunrise to the beauty of a beach sunset. We unite today in giving thanks for all the blessings our country and our county have received. Thank you for directing the paths of our faithful employees, William, Richard, Laurie, Debbie, Annis, and Sharon. Direct our paths at today's meeting of the Board of County Commissioners. Remember with the rest of the world today the tragedy of the failure of the nuclear plant in Chernobyl. We ask your mercy for those who have suffered and continue to suffer in unspeakable ways, and we pray, direct our paths and give us the wisdom and grace to exceed expectations in how we maintain the Page 2 April 26, 2016 infrastructure of this county. Direct our paths and help us exceed expectations in how we treat each other at this meeting and away from here, in how we treat the poor, the prisoner, and all citizens who are too weak or too foolish to protect themselves. Direct our paths, oh Lord, so today we may exceed the expectations of the citizens of Collier County and, if it be your will, that we may exceed even your expectations. We ask these blessings in your holy name, amen. CHAIRMAN FIALA: And, folks, would you say with me -- put your hands over your hearts and say with me -- (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: And now usually I turn this meeting over to our county manager, but I just have to tell you. I'm so excited about all this pickle ball stuff going on, and so I just have to tell you that it starts today. And it's just like the warm-up today, but today they're going to have all of the children from Avalon school over there to play as the other players are coming in and starting to practice and getting used to the fields. Last night I was there till after nine, and people were coming in from Seattle and California. They're driving down from someplace in Florida. We've got people coming in from Australia. We've actually got people -- players, 835 players coming from 37 states and seven countries coming in for this pickle ball tournament. It's amazing. This is probably going to be one of the biggest things that has hit Collier County, and we've got a three-year contract not only with the pickle ballers but also with CBS Sports. So I hope that some of you stop by. It's right down here right close to the government center down on Thomasson, and it's called East Naples Community Park. Page 3 April 26, 2016 And wait till you see these courts. They're -- I want to tell you, our staff-- I'm just -- I can't brag enough about how our parks and recreation got in there and transformed that park into something we can all be proud of. Look at Kathy Topoleski there, waving. We've all worked so hard for this. And please stop by sometime and see what they do. Okay. Leo, now you can -- COMMISSIONER NANCE: I hope that the chairwoman can elevate her enthusiasm. I'm going to make a motion that the Board informally designates Commissioner Fiala as the grand kosher dill of the day as she goes forward in her duties representing the board in the press release and the ribbon cutting, so thank you. CHAIRMAN FIALA: Thank you. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMIUSSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Absolutely. Well, good morning, Madam Chair and Commissioners. These are your proposed agenda changes for the Board of County Commissioners' meeting of April 26, 2016. The first proposed change is to add Item 4E. This is a proclamation regarding Comcast Cares Day. This was added at Commissioner Fiala's request. The next two changes are companion items. They were a request by the Chair to move Item 17B and 17C from the summary agenda to the regular agenda. Once the applicant was notified of that, they wrote Page 4 April 26, 2016 us an email last night and asked that both of those items be withdrawn at this time, and they'll re-file those at a future date. So those two items were moved but then subsequently withdrawn by the petitioner. The next proposed change is to move Item 16D6 from your consent agenda to become Item 11G under the County Manager's report. That's a discussion of a preliminary needs assessment for spending priorities for your CDBG grant through the federal housing and urban development department, and that move is made at Commissioner Taylor's request. The next proposed change is to move Item 16E3 from the consent agenda to become Item 11H under the County Manager's regular agenda. It's a contract award for information technology on-call services. That move was made at Commissioner Henning's request. The next proposed change is to continue Item 16J2 indefinitely until such time as the Clerk certifies to the Board that the payables presented in the report have been pre-audited as previously specified by letter of the Board to the Clerk. That change is made at Commissioner Fiala's request. I have a couple of agenda notes this morning, Commissioners. The first relates to Item 16J1. I would ask that as part of the approval of that item that the Board declares that the expenditures contained in that report serve a valid public purpose and authorize the Clerk to make disbursement, and also that Commissioner Fiala will need to excuse herself from the meeting at 11 :15 this morning and will be gone until we resume after the lunch break. The vice-chair will run the meeting in her brief absence. We have three time-certain items this morning. The first is Item 11F. This is a report on your state and federal legislative priorities. That will be heard at 9:45. At 10 a.m. you will hear Item 14B1. That's the sale and purchase agreement proposal for the Bayshore/Gateway mini triangle property. Page 5 April 26, 2016 Then, finally, at 11 a.m., Item 10B will be heard, and that is, I believe, a presentation from Commissioner Taylor regarding the Eastern Collier Habitat Conservation Plan. COMMISSIONER TAYLOR: Not necessarily from me. MR. OCHS: Yes, ma'am. I'm sorry. It's your item, yes. COMMISSIONER TAYLOR: My item, yes. I'm not going to present anything. I'm going to learn. MR. OCHS: Okay. And those are all the changes that I have, Madam Chair. CHAIRMAN FIALA: Okay. Thank you very much. County Attorney? MR. KLATZKOW: No changes, ma'am. CHAIRMAN FIALA: Okay, very good. Could I ask, would that presentation be better handled under presentations? COMMISSIONER TAYLOR: He's coming over from the East Coast, so 11 o'clock was the time. CHAIRMAN FIALA: Oh, okay. Okay. COMMISSIONER TAYLOR: Yeah. He's not a local person. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: You want to listen to it, right? CHAIRMAN FIALA: Well, yeah, but I'll be here at 11. COMMISSIONER TAYLOR: Yeah. CHAIRMAN FIALA: I'll have to be leaving right after that, and I figured, you know, if we had it under presentations -- but, okay, very good. Thank you. I didn't realize that. Okay. Very good. Commissioner Taylor, as long as we're talking anyway, why don't you take it from there. COMMISSIONER TAYLOR: No, nothing. CHAIRMAN FIALA: Ex parte? COMMISSIONER TAYLOR: Ex parte, nothing today. Page 6 April 26, 2016 CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: No disclosures. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. I have no disclosures under today's regular, consent, or summary agenda, but I would -- I would suggest that we do move Item 10B to Item 5, and the time-certain, I don't think, doesn't -- it doesn't bother the time-certain. We can have a presentation at a time-certain. CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: But I think it should -- I think it should be rightfully under presentations. I'll make that motion. CHAIRMAN FIALA: Okay. Do I hear a second? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I hear a second. All in favor, say -- COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Pardon me? COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Sure. COMMISSIONER HENNING: At the last meeting we gave direction for staff to go to the meeting on the Habitat Conservation Plan for the Eastern Collier. This is a change from our previous direction where we're directing staff to attend the meetings and report back to the Board. COMMISSIONER TAYLOR: This is -- this is the gentleman who's head of U.S. Fish and Wildlife who's coming over from Vero Beach just to give information about the process. That's all. There's -- it isn't coming from our staff whatsoever. COMMISSIONER HENNING: No, I know that. But the previous meeting, like I said, is we gave direction for staff to attend the meetings and come back to the Board of Commissioners. So now Page 7 April 26, 2016 we're having a presentation on the same. That's all I'm saying. CHAIRMAN FIALA: I think, though, that, you know, we would -- we would want to honor Commissioner Taylor's request because this is something that's important to her, so -- okay. So we can hear it anyway, but thank you. COMMISSIONER NANCE: Commissioner Henning, I just thought it should be under presentations because I don't really want to engender a public debate -- COMMISSIONER TAYLOR: Right, no. COMMISSIONER NANCE: -- on items on which we're not decision makers, and I just thought it was -- it rightfully should be under presentations. And I think we should accommodate this gentleman and he -- you know, I attended one of the meetings previously, but other board members may have not heard this information, so... COMMISSIONER TAYLOR: And the public, what is this? What is this? Well, there is a plan, you know. It was one of those things. Let's just get the information out there, and then I think questions -- I think the public will respond positively. CHAIRMAN FIALA: Okay. So, Commissioner Nance, did you have any? COMMISSIONER NANCE: No. There's a -- I made a motion, and Commissioner Hiller, I believe, seconded the motion. I have no other comments, ma'am. CHAIRMAN FIALA: Okay, fine. And all in favor of that, the motion, which is to take the item and put it -- what is that item? I can't remember the number. MR. OCHS: It's 10B, Commissioner. CHAIRMAN FIALA: 10B. MR. OCHS: 10B would become 5A. CHAIRMAN FIALA: Put it under 5, under presentations. Page 8 April 26, 2016 COMMISSIONER TAYLOR: It will be heard at 11 o'clock. COMMISSIONER NANCE: Yes. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. All in favor of that motion, say aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Commissioner Henning? COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: Any ex parte, any changes, and corrections? COMMISSIONER HENNING: No, ma'am. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. I have no disclosures, but I would like to ask that Items 10C, D, and E be presented immediately after we finish the proclamation awards. I think it's very important, Commissioner Fiala, that you be here to hear these items, and I would be concerned if these were heard in your absence. So it's 10C, 10D, and 10E. CHAIRMAN FIALA: Does anybody have any concerns with that? COMMISSIONER TAYLOR: Yeah, I don't think there's enough time. I certainly don't think there's enough time for 10C. Maybe there's enough time for D and E, but I certainly think we could move Page 9 April 26, 2016 things to the afternoon. You'll be back in the afternoon. You're not gone for the day. CHAIRMAN FIALA: Sure. COMMISSIONER HILLER: That's fine. So if we could do 10D and E first and then maybe do a time-certain. I do believe the vendor on the -- regarding the vendor for this particular tourism marketing and promotion contract is with us. Are you-all here? Yeah, okay. So they're all here. So I think we should have a time-certain for Mr. Hames and his company since he's the subject of 10C. CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: What time would you recommend, Commissioner Fiala? CHAIRMAN FIALA: Leo, when would you think that we can fit that in so that I'm still here? COMMISSIONER TAYLOR: I'm not sure that you can. I was looking at that. I was looking at the time frame. But if we've got a 9:45, a 10:00, and 11 :00, and -- COMMISSIONER HILLER: Well, we could move the presentation. I mean, the presentation could be -- how long is the presentation going to be? COMMISSIONER TAYLOR: I don't know. I can't imagine more than 20 -- COMMISSIONER NANCE: He's traveling from the east coast of Florida. COMMISSIONER HILLER: But he's not traveling just to make this presentation? COMMISSIONER TAYLOR: Yes, he is. Yes, he is. He's coming -- that was the time-certain. CHAIRMAN FIALA: Leo has some ideas here. MR. OCHS: My thought is maybe 10:15 we can try for that item. I know we have a 10 o'clock on the Bayshore item, but I'm not sure Page 10 April 26, 2016 that that's going to take more than 15 minutes, and then we can start that discussion at 10:15. COMMISSIONER TAYLOR: Which discussion? COMMISSIONER HILLER: 10C. MR. OCHS: 10C. It's tourism. COMMISSIONER TAYLOR: I think it's -- oh, the tourism one. I just -- and then at 11 o'clock? I don't feel comfortable about that. COMMISSIONER HILLER: Well, I think 45 minutes should be plenty. I mean, I can't imagine -- if the discussion is going to be more than 45 minutes, then that's concerning. COMMISSIONER TAYLOR: Well, I would think that the Bayshore -- I mean, I don't know about you, but my emails say that the Bayshore Triangle's going to take some time. It's going to be more than 15 minutes to discuss that. MR. OCHS: Well, then I would defer to the afternoon, because I'm not sure how else we could fit that in with the other time-certains. COMMISSIONER TAYLOR: And just a point of order, the agenda Item 10C has nothing -- it has -- it is an indirect effect to the contractor, but it's specifically about the contract. MR. OCHS: I understand. COMMISSIONER HILLER: So what time, Leo, in the afternoon? MR. OCHS: I would say right after lunch, maybe 1 :15. There's no public hearings. COMMISSIONER HILLER: 1:30? MR. OCHS: 1 :30 would be fine. COMMISSIONER HILLER: Will you be back by 1 :30? CHAIRMAN FIALA: I should be back by 1 o'clock. Security's taking me over there, and they're going to get me back, so I should be back -- COMMISSIONER HILLER: So say 1 :30? Page 11 April 26, 2016 CHAIRMAN FIALA: -- in plenty of time. COMMISSIONER TAYLOR: Yes. MR. OCHS: 1 :30 would be fine. COMMISSIONER NANCE: Don't we have two public hearings now, sir? MR. OCHS: No, sir. Those got -- the petitioner withdrew those after they were moved to the regular agenda. COMMISSIONER NANCE: Okay. I stand correct. MR. OCHS: So your afternoon is clear except for, you know, your public comments. So 1 :30, Madam Chair, on 10C? CHAIRMAN FIALA: Yeah. MR. OCHS: Thank you. CHAIRMAN FIALA: Yes, please, I mean. Not "yeah." COMMISSIONER HILLER: And so 10D and 10E right after the proclamation awards, and then 1:30 for 10C? CHAIRMAN FIALA: Okay. Very good. COMMISSIONER HILLER: May I have a second on that? COMMISSIONER TAYLOR: Second. COMMISSIONER HILLER: Thank you. CHAIRMAN FIALA: We've got a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (No verbal response.) CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. So we move forward with that. I didn't hear anything from Commissioner Henning, but I'm sure that meant yes. So we'll say it's a 5-0. Okay. And anything else, Commissioner Hiller? Page 12 April 26, 2016 COMMISSIONER HILLER: No, that's it. Thank you. CHAIRMAN FIALA: Okay. And for me, I have no changes, no corrections to the agenda. Under ex parte -- well, now that we don't have 9B anymore, I don't have anything there, so I'm free and clear as far as ex parte goes. I would like to talk about some items, but I'll talk about it just a little bit later. I don't think this is the time. Okay. Very good. So with that, I ask for a motion to approve the agenda. COMMISSIONER TAYLOR: Motion to approve the agenda as amended. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. Motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good, 5-0. Thank you. COMMISSIONER TAYLOR: We got through that. And now we move on to Leo. Page 13 Proposed Agenda Changes Board of County Commissioners Meeting April 26,2016 Add On Item 4E: Proclamation designating April 30,2016 as Comcast Cares Day in Collier County,in recognition of Comcast's efforts to bring together more than 200 volunteers to beautify the Cindy Mysels Park in East Naples. To be accepted by Justin Damiano representing Comcast; Lois Ferguson representing Big Brothers Big Sisters; Hector Gonzalez representing Gulf Coast Little League; and Susan McManus representing Champions For Learning. (Commissioner Fiala's request) Move Item 17B to Item 9A: Recommendation to approve(adopt)the Hibiscus Residential Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan,Ordinance 89- 05,as Amended,for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20150002354/CPSS-2015-2) [Companion to Petition PUDA-PL20150002326] (Commissioner Fiala's request) Move Item 17C to Item 9B: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 2015-25,the Hibiscus Residential Planned Unit Development,to increase the multi-family zoned height from 45 to 50 feet and the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units and to correct a scrivener's error on the Master Plan. The subject property is located on the south side of Rattlesnake-Hammock Road at the intersection of Hibiscus Drive in Section 19,Township 50 South,Range 26 East,Collier County,Florida,consisting of 7.9+/-acres; and by providing an effective date(PUDA-PL20150002326) (Companion to PL20150002354/ CPSS-2015-3). (Commissioner Fiala's request) Move Item 16D6 to Item 11G: Recommendation to accept the preliminary needs assessment for setting spending priorities for the U.S.Housing and Urban Development(HUD)entitlement grant funds. (Commissioner Taylor's request) Continue Item 16J2 Indefinitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To provide the Board a "Payables Report" for the period ending April 13,2016 pursuant to the Board's request. (Commissioner Fiala's request) Move Item 16E3 to Item 11H: Recommendation to award contracts under Request For Proposal 15-6521,"Information Technology On-Call Services"to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting,Inc.to provide supplemental information technology(IT) services on an as needed basis. (Commissioner Henning's request) Proposed Agenda Changes Board of County Commissioners Meeting April 26,2016 Page 2 Note: Item 16J1: To record in the minutes of the Board of County Commissioners,the check number (or other payment method),amount,payee,and purpose for which the referenced disbursements were drawn for the periods between March 31 to April 13,201x6 pursuant to Florida Statute 136.06. (Clerk's Minutes and Records Department request) Commissioner Fiala will need to excuse herself from the meeting from 11:15 till after the lunch- break. Time Certain Items: Item 11F to be heard at 9:45 a.m. Item 14B1 to be heard at 10:00 a.m. Item 10B to be heard at 11:00 a.m. 5/6/2016 4:41 PM April 26, 2016 Item #2B and Item #2C MINUTES FROM THE MARCH 22, 2016 BCC REGULAR MEETING AND THE APRIL 5, 2016 BCC GATEWAY TRIANGLE CRA AND IMMOKALEE CRA WORKSHOP — APPROVED AS PRESENTED MR. OCHS: Ma'am, we have Item 2B, which is approval of your March 22, 2016, regular meeting minutes. CHAIRMAN FIALA: Should have said County Manager. COMMISSIONER NANCE: I make a motion we approve the BCC regular meeting minutes of March 22nd and the April 5th BCC Bayshore Gateway Triangle and Immokalee CRA workshop minutes. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay, second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (No verbal response.) CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Moving on. Item #3A SERVICE AWARDS - EMPLOYEE MR. OCHS: Yes. That takes us to service awards. If the commissioners will join us in front of the dais, please, and we'll Page 14 April 26, 2016 recognize our award winners. Commissioners, we're pleased this morning to recognize several of our dedicated employees for years of service with Collier County. We have two employees that we'll begin with this morning celebrating 20 years of service with county government. First from your library division, Sharon Keshock. Sharon? (Applause.) CHAIRMAN FIALA: Come stand right here. We're going to take some pictures. (Applause.) MR. OCHS: Celebrating 20 years with our Operations and Regulatory Management Division and Growth Management, Annis Moxam. (Applause.) MR. OCHS: Congratulations. We have two associates celebrating 25 years of services with county government this morning. The first from our Community and Human Services Division is Debbie Maxon. (Applause.) MR. OCHS: Celebrating 25 years of service with EMS, Laurie McKenney. Laurie. (Applause.) MR. OCHS: We have two associates celebrating 30 years of service with county government this morning. First from our EMS Division, Rich D'Orazio. Rich? (Applause.) MR. OCHS: Rich and I both had black hair when we started this thing. Our next 30-year awardee, also from EMS, is our EMS Chief, Walter Kopka. (Applause.) Page 15 April 26, 2016 MR. OCHS: Our next recipient celebrating 35 years of service with county government also from our EMS Division, Bill Peplinski. Bill? CHAIRMAN FIALA: You don't look old enough to be here 35 years. MR. OCHS: Congratulations. (Applause.) Item #3B SERVICE AWARDS — RETIREES MR. OCHS: Commissioners, we have two recent retirees that we'd like to recognize this morning. The first having served 13 years with county government before retirement from Information Technology, Jim Young. Jim? (Applause.) MR. OCHS: Get your picture. (Applause.) MR. OCHS: Congratulations, Jim. Our next retiree to be recognized this morning, having served 31 years with Collier County Government, from our Engineering and Natural Resources Department, Bill Lorenz. Bill? (Applause.) MR. OCHS: That concludes our service awards this morning, Commissioners. Thank you. (Applause.) Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL Page 16 April 26, 2016 PROCLAMATIONS Item #4A PROCLAMATION RECOGNIZING THE 65TH ANNUAL NATIONAL DAY OF PRAYER, A DAY SET ASIDE BY CONGRESS FOR ALL AMERICANS TO UNITE IN PRAYER TO GIVE THANKS FOR THE MANY BLESSINGS OUR COUNTRY HAS RECEIVED. ACCEPTED BY REPRESENTATIVES FROM FIRST BAPTIST CHURCH OF NAPLES, NEW HOPE MINISTRIES AND THE SALT & LIGHT ADVISORY COUNCIL — ADOPTED MR. OCHS: Madam Chair, that moves us to proclamations. Item 4A is a proclamation recognizing 65th annual national day of prayer, a day set aside by Congress for all Americans to unite in prayer to give thanks for the many blessing our country has received. To be accepted this morning by Pastor Michael Smith, New Hope Ministries; Pastor Tom Harris, Sunrise Church; and Greg Harper, cofounder of the Salt & Light Advisory Council. If you'd please step forward and receive your proclamation. (Applause.) CHAIRMAN FIALA: Now we only have one. How are you guys going to split -- we better give you each one. MR. HARPER: So the National Week of Prayer is next week, Thursday -- MR. OCHS: Sir, I'm sorry. Would you give your name for the court reporter. MR. HARPER: Okay. I'm sorry. My name's Greg Harper. And I just wanted to say that next week Thursday is the National Day of Prayer. There are two local events that I know of, and I want to just Page 17 April 26, 2016 make you aware of it. Right here at the county courthouse at noon; that prayer event was organized by First Baptist Church, and then in the evening at 7 p.m. at the community -- Golden Gate Community Center at the bandstand that was organized by New Hope Ministries. I hope you'll come if you can. Thank you. And thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING MAY 1-7, 2016 AS NATIONAL CORRECTIONS OFFICER WEEK IN COLLIER COUNTY. ACCEPTED SHERIFF KEVIN RAMBOSK, CHIEF CHRIS ROBERTS, CAPT. BETH RICHARDS, CMDR. KEVIN MCGOWAN, CMDR. PATRICIA GIFFORD AND MANY OTHER CORRECTIONS OFFICERS AND NAPLES JAIL CENTER STAFF — ADOPTED MR. OCHS: Item 4B is a proclamation designating May 1st through 7th as National Corrections Officer Week in Collier County. To be accepted by Sheriff Kevin Rambosk, Chief Chris Roberts, Captain Beth Richard, Commander Kevin McGowan, Commander Patricia Gifford, and many other corrections officers and Naples Jail Center staff. (Applause.) CHAIRMAN FIALA: You've got a lot of equipment on, there. SHERIFF RAMBOSK: Good morning, Commissioners. Kevin Rambosk, Collier County Sheriff. It is my honor to represent our deputies assigned to the corrections division. As you know from previous conversations we've had, they provide one of the most critical functions we have in law enforcement in Collier County, because once those offenders, Page 18 April 26, 2016 particularly the violent ones, are arrested and placed in jail, it is their responsibility to safeguard them and the rest of us so that we can go home and sleep at night. So congratulations, everybody, and thank you very much for the recognition. Congratulations. (Applause.) Item #4C PROCLAMATION DESIGNATING TUESDAY, APRIL 26, 2016, AS CCPS PROUD DAY IN COLLIER COUNTY. ACCEPTED BY COLLIER COUNTY SCHOOLS SUPERINTENDENT KAMELA PATTON, DEPUTY SUPERINTENDENT DAVID STUMP, ASSOCIATE SUPERINTENDENT LUIS SOLANO AND ASSISTANT SUPERINTENDENT PEGGY ALINE — ADOPTED MR. OCHS: Madam Chair, Commissioners, the next proclamation is Item 4C. This is the proclamation designating April 26, 2016, as Collier County Public School Proud Day in Collier County. To be accepted -- and before you come up, I'll read who you are, but don't come up yet. To be accepted by Collier County School Superintendent Kamela Patton, Deputy Superintendent Dave Stump, Associate Superintendent Luis Solano, and Assistant Superintendent Peggy Aune. And the Chair, at Commissioner Taylor's request, has allowed me to read this proclamation before we bring you up so the audience here and at home watching on television can hear about the great work that our public school district does in Collier County. And the proclamation reads as follows: Whereas, Collier County Public Schools is proud to serve over 46,000 students; and, Page 19 April 26, 2016 Whereas, Collier County Public Schools is the largest employer in Collier County with over 7,000 employees who are dedicated to the children of Collier County; and, Whereas, Collier County Public School students represent diverse demographics including, but not limited to, 63 percent of students receiving free and reduced lunch, 52 percent of students coming from non-English speaking homes, and students representing 86 different languages; and, Whereas, Collier County Public Schools prioritized student success by allocating 97.09 percent of the General Fund directly to schools; and, Whereas, Collier County Public Schools has successfully ushered in new state mandates including new teacher evaluations, new administrator evaluations, new performance pay, new Florida state standards for teaching, a new Florida state assessment, and a new Florida state accountability system; and, Whereas, Collier County Public School focuses on a pathway for all students after graduation with an emphasis on science, technology, engineering, arts, and math and college and career readiness; and, Whereas, Collier County Public Schools has a strong program for exceptional student education with outstanding programs for students with disabilities and for students who are gifted; and, Whereas, Collier County Public Schools has continued to increase the graduation rate of students from 72.5 percent in 2011 to 84.3 percent in 2015; and, Whereas, Collier County Public School students have increased performance on state tests as evidenced by the percentage of students meeting or exceeding the state average from 33 percent to 91 percent from 2011 to 2015 respectively; and, Whereas, Collier County Public Schools has been recognized as an "A" school district in the state of Florida. Page 20 April 26, 2016 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tuesday, April 26, 2016, be designated as Collier County Public School Proud Day. Done and ordered this 26th day of April, Board of County Commissioners, Collier County, Florida, Donna Fiala, Chair. If you'd please step up, Superintendent, and receive your proclamation. CHAIRMAN FIALA: Thanks for letting the kids come to the pickle ball games today. (Applause.) DR. PATTON: Thank you. COMMISSIONER HILLER: You're not going to say a word? CHAIRMAN FIALA: Would you like to say a little something? DR. PATTON: Absolutely. So we first want to say thank you so much for recognizing all the work that we've been able to do with the children. It's always a collective effort. Often with you, the county, with our parents, with our wonderful community members and teachers, but thank you for taking the time to recognize all the different achievements because it's more than just data points. Kids are actually needing a pathway to know what they're going to do afterwards, and it's a collective effort. So a big thanks for recognizing us today. (Applause.) COMMISSIONER HILLER: Superintendent Patton, thank you for all you're doing. I mean, what you've done with the school system since you've taken over has been nothing short of miraculous. I have two children, both a product of the public school system, both -- my son graduated from Barron. My daughter, I hope, is going to graduate. DR. PATTON: Yes. COMMISSIONER HILLER: Actually, she's going to graduate, like, with -- Page 21 April 26, 2016 DR. PATTON: Very well. COMMISSIONER HILLER: Incredibly well. My -- I am -- the education they have received is nothing short of exemplary. I can't imagine another school they could have ever gone to and have received the education at the level of quality that they received at Barron, which is representative of all the other schools in the county. So, personally, I want to thank you and all the teachers and all the principals and all the guidance counselors because it's unbelievable. I mean, if I knew a quarter of what my kids know as a result of graduating from the Collier County Public School system, I'd be a lot smarter today. So thank you. DR. PATTON: Thank you. COMMISSIONER HILLER: And, by the way, my son is graduating this weekend from Florida State thanks to you guys, with a degree in entrepreneurship, even better. So he's going to go to law school, and thank you for prepping him for that. And I hope -- I hope my daughter goes into the Navy. That's where she's headed, so... CHAIRMAN FIALA: Dr. Patton, will you be at the awards ceremony tomorrow for the entrepreneur program over at Lely High School? DR. PATTON: I'm sure planning on it. CHAIRMAN FIALA: Good, good. Okay. I'll see you there. DR. PATTON: We're very proud about that, because we're the pipeline for your Accelerator program for our kids to start right in high school, because we know they can come right back here, go on, or start a business. So we're really proud of that. COMMISSIONER HILLER: And the accelerator program is unbelievable. I mean, what it has done in terms of germinating companies, startup companies in this community, has been absolutely out of this world. Page 22 April 26, 2016 In fact, I believe -- correct me if I'm mistaken, Nick, but I think we've got 31 companies that are incubating right now here in Collier County, and these are not minor companies. They're -- they've got significant product that, you know, have potential to really make a lot of money and hire a lot of people. DR. PATTON: Our entrepreneur teachers actually went and toured it on (sic) January when we had them all in for a day training, so that was one of our stops, just to go let them see firsthand how it is. COMMISSIONER HILLER: And if they want to come back again and again, it would be great. CHAIRMAN FIALA: We can't keep talking like this because she's not on the microphone, you know. COMMISSIONER HILLER: That's true. Kamela, I mean -- CHAIRMAN FIALA: Thank you very much. COMMISSIONER HILLER: What can I say? DR. PATTON: Thank you, guys. We appreciate it. Item #4D PROCLAMATION DESIGNATING MAY 7, 2016 AS "STUFF THE BUS DAY" IN COLLIER COUNTY, IN RECOGNITION OF A COMMUNITY EFFORT TO "STUFF THE BUS" WITH NON- PERISHABLE FOOD TO REPLENISH THE LOCAL FOOD BANK AND FEED THE HUNGRY. ACCEPTED BY STEVE CARNELL, PUBLIC SERVICES DEPARTMENT HEAD; MICHELLE ARNOLD, PUBLIC TRANSIT AND NEIGHBORHOOD ENGAGEMENT DIVISION DIRECTOR; OMAR DELEON, COLLIER COUNTY PUBLIC TRANSIT SENIOR PLANNER; KAROLE DAVIS, MANAGER WITH HARRY CHAPIN FOOD BANK; ALLAN CROCKETT, PUBLIX; STEVE SANDERSON, UNITED WAY EXECUTIVE DIRECTOR; Page 23 April 26, 2016 SPENCER SMITH, UNITED WAY COMMUNICATION MANAGER, ANN BARES, UNITED WAY VICE-PRESIDENT OF VOLUNTEER ENGAGEMENT, AND BOARD MEMBERS OF THE UNITED WAY, BRANDON BOX AND TOM DONAHUE — ADOPTED MR. OCHS: Item 4D is a proclamation designating May 7, 2016, as Stuff the Bus Day in Collier County in recognition of a community effort to stuff the bus with nonperishable food to replenish the local food bank and feed the hungry. To be accepted by Steve Carrell, Pubic Services Department Head; Michelle Arnold, Public Transit and Neighborhood Engagement Division Director; Omar Deleon, Collier County Public Transit Senior Plan; Karole Davis, Manager with Harry Chapin Food Bank; Allan Crockett with Publix; Spencer Smith and Elizabeth Morano with United Way. And congratulations. (Applause.) MS. MORANO: Thank you, Commissioners. I'm Elizabeth Morano, Senior Vice President with the United Way of Collier County. We just wanted to thank you-all for your incredible support. We could not do our stuff-the-bus event without CAT and your amazing leadership at CAT. This is a true community partnership. This is our third year doing it. Last year we were able to solicit donations of over 14,000 pounds of food. And I'm sure you're all aware, we have over 40,000 individuals in Collier County who are food insecure. So as we head into these summer months when our students are no longer receiving the free and reduced lunch, it matters so much more. So we're proud of our partnership with Publix and with Harry Chapin and with CAT. We could not do it without that whole community support. Thank you, all. Page 24 April 26, 2016 Item #4E PROCLAMATION DESIGNATING APRIL 30, 2016 AS COMCAST CARES DAY IN COLLIER COUNTY, IN RECOGNITION OF COMCAST'S EFFORTS TO BRING TOGETHER MORE THAN 200 VOLUNTEERS TO BEAUTIFY THE CINDY MYSELS PARK IN EAST NAPLES. ACCEPTED BY JUSTIN DAMIANO REPRESENTING COMCAST; LOIS FERGUSON REPRESENTING BIG BROTHERS BIG SISTERS; HECTOR GONZALEZ REPRESENTING GULF COAST LITTLE LEAGUE; AND SUSAN MCMANUS REPRESENTING CHAMPIONS FOR LEARNING — ADOPTED MR. OCHS: Item 4E is a proclamation designating April 30, 2016, as Comcast Cares Day in Collier County in recognition of Comcast's efforts to bring together more than 200 volunteers to beautify the Cindy Mysels Park in East Naples. To be accepted by Justin Damiano representing Comcast; Lois Ferguson representing Big Bothers Big Sisters; Hector Gonzalez representing Gulf Coast Little League; and Susan McManus representing the Champions for Learning. Please step forward. (Applause.) CHAIRMAN FIALA: By the way, the Cindy Mysels -- I think that's how you say her name -- the park is named after her, and it started out with the Gulf Coast Little League park, so you can kind of get an idea of where it's located now. (Applause.) MR. DAMIANO: My name is Justin Damiano. I work for Comcast handling their community affairs in Collier County. Page 25 April 26, 2016 I'd just like to say thank you to the Commission for recognizing this great day of service. What's unique about Comcast Cares Day is it brings together community partners not only to serve side by side and give back to a great community park like Cindy Mysels Park but also they can raise money for their respective organization. So, actually, we've got representatives like from Champions for Learning, Susan McManus; Lois Ferguson from Big Bothers Big Sisters, and she has a board member, Doug Biddenmore (phonetic) -- did I get that right? And, of course, our -- the reason for our work at Cindy Mysels Park is Hector Gonzalez, his son Hector, as well as Isaiah Walton with the Gulf Coast Little League. So they'll be working side by side to raise money for their organizations as well as give back and beautify the park. I've got to tell you, Commissioner, if I could echo your remarks about Kathy at the parks and recreation department; she's just terrific. And so it's been great to work with them. Thank you very much. (Applause.) CHAIRMAN FIALA: Yes. What he's talking about is they have worked team work together to transform that park into something that was mediocre to something that is outstanding, and there's parking, and there's safety features to get the kids across the street. It's just been wonderful. And, Hector, you've been there all along rooting them on and, Kathy, thank you for all you've done, and same with Barry Williams. It's a great -- those kids are just wonderful. And these are the kids we're giving a good start to life. And I appreciate all you've done. Thank you. MR. OCHS: Madam Chair, if I could get a motion to approve today's proclamations, please. COMMISSIONER NANCE: So moved. Page 26 April 26, 2016 COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. Motion and a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. 4-0. COMMISSIONER TAYLOR: Madam Chair, Madam Chair, sorry. I'm going to disrupt this meeting because, unbeknownst to our Chairwoman and pickle ball beacon, Donna Fiala, a topnotch competition was staged on Saturday, and I was graciously allowed to photograph it with my phone. Apologies to all, but this was a last-minute match, and my camera was left at home. And here we have Margo Bishop on the right. Look. And there's Barry. CHAIRMAN FIALA: Dennis. COMMISSIONER TAYLOR: Dennis is there. Nick. Now, Nick is learning to serve. He didn't quite know how to serve, so they taught him. And look at the form of Barry. MR. OCHS: Excellent. CHAIRMAN FIALA: Did he leave the room already? He's not even seeing his picture. COMMISSIONER TAYLOR: And I think we have a little clip here. Here they are in action. CHAIRMAN FIALA: That's what the park's looking like now. MR. MILLER: Buffering. Well, there you go. COMMISSIONER TAYLOR: Okay. Thank you. MR. OCHS: All right. Page 27 April 26, 2016 CHAIRMAN FIALA: Well, thank you. That was so nice. (Applause.) MR. OCHS: Madam Chair, I know the Board had indicated they were going to hear Items 10D and 10E immediately after the proclamations. I did want to remind the Board that we had scheduled the item on the legislative presentation for 9:45 because one of our presenters has to catch an early afternoon flight across the state. So, Commissioner Hiller, if you may be so kind as to allow that presentation to move forward before your items, we would appreciate it. We're at your mercy. COMMISSIONER HILLER: Are you begging? MR. OCHS: Yes, ma'am, pretty much. COMMISSIONER HILLER: Well, I mean, sure. MR. OCHS: Thank you. Thank you, Madam Chair. COMMISSIONER HILLER: Actually, I think I should say no just so they stay, because I really love these people, so we should just go, no, skip your flight. MR. OCHS: Some of them are -- COMMISSIONER HILLER: Stay with us. MR. OCHS: Some of them are on the clock, ma'am, so the sooner the better. Item #11F STAFF REPORT ON THE COUNTY'S 2016 STATE & FEDERAL LEGISLATIVE PRIORITIES — MOTION TO ACCEPT REPORT — APPROVED MR. OCHS: So we're moving to 11F, and that is the 9:45 a.m. time-certain. It's a recommendation to accept the staff report on the Page 28 April 26, 2016 county's 2016 state and federal legislative priorities. Brandon Reed, your Legislative Affairs Coordinator, will begin the presentation. MR. REED: Good morning. I'm so happy that we started the meeting with exceeding expectations, because that's exactly what your legislative affairs platform has done. I'm here today with our federal and our state lobbyists. I'm also joined with Lisa Hurley from the Florida Association of Counties. We're going to keep this very brief. I provided you all the information in your backup materials, and if you have questions, we're here to take them. I'm going to allow Lisa to give you an overview of what's happening across the state which is in reference to what we will try to be planning towards for 2017 priorities. I just want to mention briefly that in this brochure, we received $2.75 million in direct contributions from the Florida Legislature this year. So that's a huge accomplishment, and I think that that goes to the motto that we began the meeting with, which was exceeding expectations. Also at the federal level, we're exceeding expectations by cultivating new relationships with agency staff as well as cultivating relationships with congressional staff to really help move our platform forward. So with that being said, thank you so much for giving me the tools to be successful, and I'm happy to turn it over to Lisa. MS. HURLEY: Good morning, Chair Fiala, Commissioners. My name is Lisa Hurley, and I'm the Legislative Director for the Florida Association of Counties. Thank you so much for inviting me down to beautiful Collier County. I have to admit that most of the time I see you it's because you come see me. You take the time out of your days to travel all the way to Tallahassee to advocate on behalf of not only your Collier Page 29 April 26, 2016 County specific items but also statewide county items, and you also take the time to come to our conferences. And so -- but having said that, given the level of hospitality I was shown by your staff yesterday since I've been in town, I can assure you I'm going to be getting down here a heck of a lot more often. So I was invited here today to provide you kind of a recap of the 2016 legislative session as it pertains to county matters on a statewide level. But before I do that I really have to stop and take a pause to both congratulate you and to thank you for putting together such an exceptional team. Your team is professional; they're engaged; they're dedicated. I mean, they really care about the core mission of county government, which is to preserve home rule authority. Brandon Reed has been a tremendous addition to your team. And while he's been in his position not for a very long time, he's by no means a novice. He quickly immersed himself in the FAC family, and he was instrumental in advancing many of our initiatives this year. And I know Tim's in the room; Tim Durham. I cannot say enough about him. I worked very closely with him on the DJJ issue this year, and he is always one of the first persons to respond when FAC reached out to our counties for information. And then that leads to your contract lobby core. You've got Keith Arnold and Brett Bacot and Burt Saunders, and they lend so much of their time and effort to statewide issues, and I want to thank you for allowing them to do it. I look to those three men for their guidance to help with strategy and for the relationships not only with your delegation but other members of the legislature. So thank you very much. So how did the -- oh, and I would be very remiss. Chair Fiala, Commissioner Hiller, thanks for taking -- thanks for traveling to Tallahassee as often as you did this session. You came up for our Page 30 April 26, 2016 legislative day. You met with our legislators. You know, your lobbying core can meet with these guys all the time and, obviously we are effective, but there's nothing more effective than getting our local elected officials with our state officials. So thank you very much for your dedication to your county and the Florida Association of Counties of. So how did the counties fare this session? Let me first say, the Association of Counties had unprecedented access to the governor and his staff this year, and without the governor's support on several of our issues, we would not have been successful. Kim McDougal, who was his legislative director this past year, is now his chief of staff. And I share that with you because that's very good news for the counties for the next two years. And so if we judge our success of our session by our priorities, I'll tell you, we did pretty darn well. We delivered on six of the seven of our priorities. And our priorities were not developed by staff but rather by you. Our priorities are developed through our policy conferences, of which you guys attend. Chair Fiala, you get five gold stars. Because I looked back on your attendance record, and ever since I've been with FAC, you've been to every single one of our legislative and policy conferences. And I say that because it's so important because we want our counties to drive our agenda. We don't want staff to drive agenda, and so it's critical to have your input so FAC can be successful for you. And so over the course of three conferences, our membership voted on seven priorities and here they are, and this is how we did. The first one, juvenile detention cost shares, Senate Bill 1322. I know you all are so very familiar with this issue because it's an issue that's been out there for 12 years now, an issue that's been litigated for 12 years now. And I'll tell you, the perseverance of our counties by Page 31 April 26, 2016 litigating this issue paid off because without the litigation we would not have passed the legislation we did this year. So it certainly served its purpose. There were some members of the legislature that were a little sore at us for the litigation. But, again, that drove us to the place that we were -- that we are today. And so we had Senator Jack Latvala sponsor Senate Bill 1322. It was our third year in a row that we had legislation filed to try to fix the billing model, and I really do believe he was the difference maker this year. If anyone knows Senator Latvala, once he focuses on a mission, it's hard to get him off. And we also had the governor's support. This was the first year we had the governor that was actively out there advocating for the passage of the legislation. And so as it stands, it is now the law, and we believe we have fixed the horrible billing model that we've been billed under for 12 years. So we're moving away from that projection-based billing model. You're no longer going to be billed on guestimates. There's no more reconciliation process, but rather you're going to be paying on actual costs, your prior year's actual costs. Right now we are in the process of collecting for those counties that have pending litigation. They are dismissing their lawsuits voluntarily with prejudice, and then every county, even if they didn't have pending litigation, we are collecting waivers and releases from them for any actions that existed prior to the fiscal year '16/'17. We have a goal of submitting them all to DJJ by like May 15th, and DJJ says or indicates that they'll be in a position to actually send you your '16/'17 billing information before June 1st. Chair Fiala, and, again, Commissioner Hiller, I know you both personally had conversations with Senator Latvala and the rest of your delegation on the passage of this historic legislation, and thank you for Page 32 April 26, 2016 your efforts. And to end, we're working with the governor's office right now to have a ceremonial bill signing at our annual conference in Orlando. So more on that later. Another one of our priorities was what we called the relocation of utilities. It ended up being Senate Bill 416. This is one that we really -- you know, we scored a win early on in session. This was legislation that we saw the prior year that really sought to shift a lot of costs to counties for moving utilities, private utilities, out of county right-of-ways if a county works project interfered. So we worked hard over the summer with the industry, and early in the session it was agreed that that provision of the bill was taken out. And so as the bill passed, it doesn't have the unfunded mandate in it. Another one of our priorities is we were seeking a comprehensive water policy legislation, and after years of negotiating, we finally got it passed; Senate Bill 552. A very lengthy piece of legislation that contains a bunch of different components. Those included would be our conservation lands. That requires DEP to publish an updated database of state lands. It contains alternative water supply pilot programs within our water management districts. We've established minimum flow levels for our springs, and then we also have base -- basin management programs for Lake Okeechobee watershed, St. Lucie, and the Caloosahatchee River projects. We also had some legislation in place, provisions of the bill in place that seeks to have remediation plans for our Florida springs. Kind of a nice segue into the next priority was the implementation of Amendment I. This year we actually had a substantive bill on it. It was House Bill 989, and it's been termed the Florida Legacy Bill. And this legislation seeks to provide long-term funding out of the Amendment I revenues for three things: At least $200 million a year Page 33 April 26, 2016 for Everglades projects, $50 million per year for springs protection, and $5 million recurring for Lake Apopka. That's just a portion of the Amendment I funds. Separate and apart from that legislation, you had over $900 million in Amendment I funds that are appropriated across four different agencies. We did do a line-by-line breakdown of where the funds are, and that's on our website, if you'd like to take a look at that. But in the same note, what I think is important for the counties, is with regard to funding for beach renourishment, we saw an uptick of $4 million this year. We're at $32 million for beach renourishment. That's a mix of Amendment I funds and general revenue funds. We also saw 61 and a half million dollars for water projects. That is a $15 million decrease from the year before. The governor did veto about $20 million worth of water projects, but that's where we ended up. Another one of our priorities, tax reform, and what started out as this huge $1 billion tax package was greatly whittled down during session. And I'm happy to report that the anticipated fiscal impact to the counties is a little over $8 million recurring, so that's huge. So where that recurring is coming from is, number one, there's a sales tax exemption on manufacturing equipment. There's been a temporary exemption on that for the past three years, so you've already absorbed that hit, and that's about an $8 million hit. But they just made that sales tax exemption permanent. So that's the biggest chunk out of the tax package that passed, and then you've got a back-to-school sales tax holiday. It started out a 10-day; it dropped down to three days. It starts August 5th through the 7th, and that's $3.2 million in nonrecurring. You also had two little, small sales tax exemptions for -- on food and beverages sold by qualified veterans organizations. It's really small fiscal but for such a great cause. It's about $120,000 a year, and then also reducing the index tax on manufactured asphalt for public Page 34 April 26, 2016 works projects; again, about 120,000 recurring. So overall we fared really well. The last priority, and this is the one we weren't able to deliver on, unfortunately, and that was our economic development priorities. We had, really, two prongs under that, and that is to re-establish the film and entertainment incentive program and then to fund the governor's Enterprise Fund. So, again, our great friend and county champion, Senator Latvala, did roll out a bill, Senate Bill 1646, that would have fully funded the governor's Enterprise Fund at $250 million and also would have revamped the film and entertainment incentive program but, unfortunately, that bill died, and I will tell you flat out, that just came down to just a difference in philosophy over in house leadership. It is -- it is entrenched in the leadership in the house, particularly with the incoming speaker designate Richard Corcoran, that the best way to enhance economic development is not through incentive programs -- they deem that corporate welfare -- but rather through tax cuts and regulatory reform. And so I think the next two years are going to be kind of rocky for us for any sort of new incentive monies, and what I think we will see out of the House is probably further efforts to limit our ability to assess impact fees and further tax cut relief. Those are our seven priorities. In the interest of time, I mean, there's so many other pieces of legislation that passed that benefited the county. We did a full webinar for our members, and that is posted online, if you want to take a look at that. But I do want to mention that almost as important as the bills that passed were the bills that didn't pass. We went into this session facing over 40 pieces of legislation that either tried to preempt your home rule authority, would have passed on unfunded mandates to you, or sought to cap your ability to assess property taxes, your main source of Page 35 April 26, 2016 revenue. And I'm happy to say that most of those bills didn't pass. But that's a great way of saying, that's not an unusually high number. And so that highlights the importance of counties sticking together and banding together and in storming the hill, so to speak, because FAC can't do it alone, and not one county can do it alone. And so that's why your participation in the process with your lobbying core and with you individually coming to Tallahassee is so important. And with that, I just want to do a plug for our annual conference because I have to because I'm really excited about it. It is July (sic) 28th to July 1st. It's Hyatt Regency Orlando. It will start on Tuesday, Gulf Consortium. I know Chair Fiala and Commissioner Taylor, you're already registered for it. Thank you very much. But I'm really excited about it because we're being very aggressive in starting our policy discussions this year. We're going to have 17 different breakout sessions, and we're going to cover everything from Zika, to the opioid epidemic, to water, to our roads, economic development. So hopefully you can come join us. Happy to answer any questions. But I just want to thank you again, Collier County, for your dedicated support of FAC and our statewide initiatives. CHAIRMAN FIALA: Thanks. I have a couple lights on. Commissioner Henning? COMMISSIONER HENNING: Do we know if studying the effects of fracking is going to be funded? Is it in the 2016/'17 budget? MS. HURLEY: If I may, Madam Chair? CHAIRMAN FIALA: Sure. MS. HURLEY: Okay. You know, it's not in the budget and, you know -- and that would have -- that -- the fracking legislation has been just one of the most emotionally driven debates that we've seen. Page 36 April 26, 2016 COMMISSIONER HENNING: Look at the players. MS. HURLEY: Yeah -- in Tallahassee. And what would have been a perfect outcome would have been if the legislation would have passed with a study and money. But right now nothing was put in the budget for it. And I don't know if we're going to see legislation next year or not. It's -- COMMISSIONER HENNING: Well, if it could be funded to study it so it's a fact-based outcome instead of an emotional outcome, those fear mongers, what else would they have to talk about? They wouldn't. So I think from that you would gain some legislation to help protect the people because right now we don't have anything to protect the people on that new technology. There's nothing there. MS. HURLEY: I know. COMMISSIONER HENNING: And that's a shame that DEP is not able to protect natural resources and the public's resources because of the fear mongers out there that -- there's no science behind it. MS. HURLEY: And we would certainly embrace and welcome a Florida-specific study on fracking, and I think that's what's needed. COMMISSIONER HENNING: Yeah. That's exactly what's needed, because that's what everybody's afraid of is the unknown; however, Collier County's experts says there's nothing to worry about. So it needs to be studied through the whole state since it's a regulatory agency within the state of Florida that is regulated for everybody. MS. HURLEY: Yeah. And, certainly, that sounds like certainly a position that we should work on and develop in the next few months leading up until the 2017 session. COMMISSIONER HENNING: Just fund it. Thank you. MS. HURLEY: You're welcome. CHAIRMAN FIALA: Commissioner Hiller, I'm going to run out for just a second, so I'm turning it over to Commissioner Nance as the Page 37 April 26, 2016 vice-chair. COMMISSIONER HILLER: Yeah. I want to thank you and FAC for everything that you've done in -- for fighting on behalf of our counties, our county and all the other counties out there. You really have done an outstanding job lobbying on our behalf, and you have been preserving home rule and you have been ensuring that we are not going to be facing unfunded mandates and other legislation that could financially burden us as well as limit our ability to protect our local interests. So I personally just wanted to thank you. You've -- you know, you've really demonstrated exemplary leadership of FAC since you've taken over, and it's been a pleasure working with you. MS. HURLEY: Thank you so much, and it does take a team. Thank you. COMMISSIONER HILLER: It does. It very much does. But it also takes leadership. MS. HURLEY: Thank you. COMMISSIONER NANCE: Yes, ma'am. I would also like to thank you for your presentation. I think this is a wonderful staff report that outlines everything very succinctly and very clearly. I'd like to thank everybody for your good work on that. You know, one thing that I do want to mention that wasn't touched -- and I know you can't touch everything in this presentation, but I'd like to point out the success that we did achieve in continuing our support for the University of Florida Institute of Food and Agricultural Sciences, Southwest Florida Research and Education Center in Immokalee, and also the $2 million in funding that we got through the legislature and approved by the governor and the great work that it took from our legislative delegation, our lobbyists, members of the Board of County Commissioner that went and advocated strongly for these programs. Page 38 April 26, 2016 This relationship that I think is in its infancy, really, compared to its overall potential, is extraordinary, and I'm going to distribute a little more information under public comments today about this. But, I mean, this expanding relationship that we have to work with the University of Florida and particularly vice president Jack Payne at IFAS in Gainesville, and Dr. Calvin Arnold, the center director at the University of Florida, has got extraordinary potential not just for our economic development programs in Immokalee and our accelerator, with which they're completely integrated, but also for natural resources management. The things that they're doing together with the Big Cypress Basin are just extraordinary. And I thank everybody for working very hard. This is something we need to continue to nurture. It's got boundless potential. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I just want to support you on that, Commissioner Nance, and without the help of FAC and our state lobbyists, we never would have achieved the success in getting the $2 million for the accelerator that we did this year. When you hear that economic development funding was cut across the state, notwithstanding, we got $2 million, that's very, very significant. That tells you how the legislature and the governor view the quality of the accelerator project and the accelerator's partnership with IFAS and with the state university system. So, again, thank you. That was a real coup. MS. HURLEY: That's your team right there. COMMISSIONER HILLER: It is our team. MS. HURLEY: That's the one. COMMISSIONER HILLER: Is our team going to speak to the state issues? Are you -- MR. OCHS: No. Page 39 April 26, 2016 CHAIRMAN FIALA: First, I would just like to say to Lisa, it's always a -- COMMISSIONER HILLER: Always. CHAIRMAN FIALA: -- pleasure working with you. You're such a great leader for our organization, and the folks don't really understand what Florida Association of Counties even does, but they actually, from Tallahassee, protect our interests, and they fight for us. And most of the time they win, too. And then, of course, we've got this dynamic team. Brett Bacot, he's making sure everything is set up in advance so when we get there all the appointments are made and we have transportation and so forth, and Brandon who is new with us but it seems like he's been an old-timer already because he knows every place to go and he knows all the people. I was amazed at how many people you've already come to know. And, of course, our team there of Keith Arnold and Burt Saunders. They're really great because they open doors for us that possibly we wouldn't be able to open ourselves. So I just want to thank all of you for -- any successes we have, have a lot to do with you. We're just along for the ride. MR. REED: Thank you so much for the opportunity to serve. And I also just want to mention that our federal lobbyists, Amanda Wood and Omar Franco, are here visiting as well, doing great things on the federal side, too. And we'll come back with another report that maybe focuses a little bit more on the federal side next time. Thank you again. MS. HURLEY: Thank you so much. COMMISSIONER NANCE: Motion to accept the report. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. Page 40 April 26, 2016 COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: That's an easy one, isn't it? Thank you very much. COMMISSIONER HILLER: I just want to -- if I can say one thing to our federal lobbyists since they're here. CHAIRMAN FIALA: Sure. COMMISSIONER HILLER: Thank you. You have done an outstanding job, and what we have achieved together as a team in the interest of this community when working with the Federal Department of Transportation, working with EPA, working with the White House intergovernmental office, with all the elected officials that, you know, you took us to visit, it was absolutely unbelievable. I mean, what we're doing as a result of your involvement to help Immokalee is over the top, and we are going to succeed. I mean, we are absolutely going to kick ass, take names, and we're going to get that federal money back here in Collier County right over to Immokalee, and we are going to see catalytic change, emphasis added. So thank you very much for coming, and thank you for all your assistance. We're grateful. Item #10D RECOMMENDING THE BOARD OF COUNTY COMMISSIONERS (BOARD) FOLLOW THE PROCEDURES DETAILED IN § 136.06(1), FLORIDA STATUTES, PERTAINING Page 41 April 26, 2016 TO THE EXECUTION OF CHECKS AND WARRANTS FOR THE COUNTY - MOTION FOR THE COUNTY MANAGER AND COUNTY ATTORNEY TO BRING BACK INFORMATION IN REGARDS TO PROCEDURES AND COMPLIANCE — APPROVED MR. OCHS: Madam Chair, that takes us to Item 10D, which is a recommendation that the Board follow the particular detail in Florida Statute 136.06(1) pertaining to execution of checks and warrants, and this item was brought forward by Commissioner Hiller. COMMISSIONER HILLER: Thank you so much. Commissioner Fiala, may I speak to this? CHAIRMAN FIALA: Sure. COMMISSIONER HILLER: Thank you. 136.06(1) is a Florida Statute that makes it clear that the checks and warrants issued by the Board of County Commissioners have to be executed by the chair and only attested to by either the Clerk of Courts or a secretary who would be a member of the Board identify -- you know, voted on by the Board as secretary. Administratively, it is not a difficult task. There should be few checks that are signed this way. And the majority of payments these days is done electronically. This is a state statute. It is required, and there's a reason it's required. It's essential to have a separation of functions. The Clerk of Courts can't control the signature stamp and control the checkbook and do the bank reconciliations and have the ability to do journal entries; obviously, that would be a big problem. So in the interest of the separation of functions and in the interest of, in effect, creating an internal control through the legislative process, this law was passed. What I would suggest is that, Leo, you could work and figure out the way these checks would be signed. You know, my guess is every Page 42 April 26, 2016 two weeks when the Board is in session the chair can be presented with those checks. There would be no adverse effect with respect to prompt payment. And I would also recommend that the Board appoint one of its members as secretary to attest to those signatures in the absence of, say, the Clerk being present to be able to make such attestation. And attestation doesn't mean signature. It means that they just basically attest that that is the chair's signature on that check. Obviously, this is state law, which means other counties follow it. I don't believe that we have a choice. It's very clear that the other elements of this statute are also require -- a requirement of this board as was expressed in the Okaloosa audit. So I would like to say at this point what I would recommend that we do is direct the County Manager to make a determination of how this would work, find out how many actual checks have to be signed versus, you know, electronic fund transfers that are processed and, you know, bring that to the Board for approval and tell us what the process will be so it can -- so, you know, the Board can follow the law. I mean, it's not a choice. Would that be acceptable, Commissioner -- CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HILLER: -- Fiala, since obviously, you would be -- CHAIRMAN FIALA: I have some comments myself on this. COMMISSIONER HILLER: Sure, of course. CHAIRMAN FIALA: If you don't -- I'll first listen to Commissioner Henning, though, and then I'll make -- COMMISSIONER HENNING: You're getting all those notes, right, Leo? Getting -- you're writing all that down? You're saying that we're doing this because it's the law; however, in your executive summary, you have not allowed the County Attorney to opine on your item, and your items are the only ones on the agenda Page 43 April 26, 2016 that hasn't gone through the County Attorney's Office. COMMISSIONER HILLER: No. It was sent to the County Attorney's Office -- COMMISSIONER TAYLOR: It wasn't. COMMISSIONER HILLER: -- and I spoke to the County Attorney about it. COMMISSIONER HENNING: Jeff, can I ask you a question about a court case that went through the Supreme Court, Collier County Clerk of Courts, Dwight Brock, versus Collier County? COMMISSIONER HILLER: It didn't go to the Supreme Court. COMMISSIONER HENNING: Didn't the Supreme Court opine that the Clerk of the Court is the stewardship of the county's funds? MR. KLATZKOW: The Supreme Court, which initially had accepted jurisdiction, eventually declined to hear the case. COMMISSIONER HENNING: And, therefore, the Second District's opinion stuck; is that correct? MR. KLATZKOW: That's correct. COMMISSIONER HENNING: And in that, the Clerk of the Court is the steward of the county's funds? MR. KLATZKOW: Custodian. COMMISSIONER HENNING: Custodian of the county's funds. So, therefore, he has the check, checking account. He oversees the checking account and what funds come out of that checking account? COMMISSIONER HILLER: No. MR. KLATZKOW: Yes. COMMISSIONER HILLER: That's not what it means. COMMISSIONER HENNING: Okay. So, Madam Chair? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: I have the floor, right? CHAIRMAN FIALA: Yes, you do. COMMISSIONER HENNING: Okay. Page 44 April 26, 2016 CHAIRMAN FIALA: Commissioner Hiller, would you just refrain from comments, please. COMMISSIONER HILLER: Of course. CHAIRMAN FIALA: Thank you. COMMISSIONER HENNING: So did these two executive summaries from Commissioner Hiller come up to your office so you can add your opinion on them? MR. KLATZKOW: They came in very late on Wednesday. There was really very little opportunity to review them. But having said that, the statute clearly says that this is an attestation statute. It's ministerial, all right. It simply says that the signature can be attested either by the Clerk or the secretary of the board. COMMISSIONER HENNING: Okay. MR. KLATZKOW: That's what it says. COMMISSIONER HENNING: If you have authority -- if you have authority; is that correct? MR. KLATZKOW: If you have authority? This statute gives the authority. COMMISSIONER HENNING: No. No, it -- the statute -- MR. KLATZKOW: There's a difference between being the custodian of the account doing a pre-audit and then the function of simply attesting a signature. The statute is limited to attesting signatures, which may very well be done electronically. I mean, we're going to have to go through the process on how we do this anyway rather than manually. COMMISSIONER HENNING: Uh-huh. Well, I know that certain government entities within the county has the authority for a secretary or treasurer to sign, such as school board, such as special districts, but -- so the attestation of the chairman's signature -- and you have two signatures on there; therefore, it could be paid upon, right, by the chairman and by the secretary of the board? That's what Page 45 April 26, 2016 Commissioner Hiller's saying. MR. KLATZKOW: I'm just going by the executive summary, which also ties into 10E, and I think the two of them need to be reviewed by the County Manager as to the actual process we're using or the actual process the Clerk is using, I should say. COMMISSIONER HENNING: But they could be paid on if it has two signatures on it, right? MR. KLATZKOW: Yes. COMMISSIONER HENNING: By the Board of Commissioners. So the -- what Commissioner Hiller's saying is by the chairman's signature and then by a secretary of the board, then it could be paid on -- be paid on. MR. KLATZKOW: Yes, but it first has to go to the Clerk's Office. You're looking at the very last -- COMMISSIONER HENNING: It doesn't say that in the statute. MR. KLATZKOW: But you're looking at the very last part of the process here where you're simply attesting the chair's signature. COMMISSIONER HENNING: It doesn't say that in the statute. Where does it say that in the statute? MR. KLATZKOW: This is how you draw the money out of the account. It needs to be signed by the chair and attested by either the Clerk or the secretary. It's a ministerial action we're fighting over right now. COMMISSIONER HENNING: Well, that's what's in the court right now, correct? MR. KLATZKOW: No. This has nothing to do with the court case. COMMISSIONER HENNING: Well, the ministerial of-- MR. KLATZKOW: That has to do with the County Manager's, you know -- COMMISSIONER HENNING: Ministerial? Page 46 April 26, 2016 MR. KLATZKOW: -- getting into contracts. It's a different issue, sir. COMMISSIONER HENNING: Yeah. Now, is the statute, 103.06, within -- all of it is within the executive summary? MR. KLATZKOW: I believe it is. That section is cut and pasted. COMMISSIONER HENNING: The whole part of it? And you verified -- MR. KLATZKOW: Commissioner, I would have to look at the statute and double verify it, but what I'm saying is that we are arguing over a ministerial act that either the Clerk can attest or the secretary can attest, and I have little doubt that it is done electronically anyway. COMMISSIONER HENNING: So you're opining on the Florida Statutes that -- you're assuming what's in the executive summary is all of it? MR. KLATZKOW: Commissioner, the statute clearly says that the check or warrant so drawn shall be signed by the chair of the board attested by the Clerk or secretary of the board. That's what it says. COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: Okay. Commissioner Nance, I'm -- COMMISSIONER NANCE: Yes. I -- you know, if Commissioner Hiller would like this to be considered, she has made a motion, and then I will second it with the provision that what we do is we allow the County Manager and the County Attorney to take this under advisement -- it certainly has to be -- the legality of it needs to be opined on by the County Attorney -- and to bring back something operational and functional that meets the requirements of the county and that the Board can consider. I don't think we can consider this at this time, but I think it's certainly fair to allow the County Manager and the County Attorney to examine it and come back to the Board with something. CHAIRMAN FIALA: So that's your second? Page 47 April 26, 2016 COMMISSIONER NANCE: That's my second, if Commissioner Hiller -- COMMISSIONER HILLER: And I don't have a problem with that, but let me just -- if I may. CHAIRMAN FIALA: Let me just ask you first, will that be part of your motion? COMMISSIONER HILLER: Sure. CHAIRMAN FIALA: Okay, fine. COMMISSIONER HILLER: But let me make clear that we don't have an option. The wording of this statute is express. It says, shall be signed by the chair of said board, attested by the Clerk or secretary of said board with a corporate seal thereof affixed. It is a "shall" statute, which means we can't sit here and debate and say, oh, well, we think we should or maybe we don't really want to or, practically, we don't like it. It is a state mandate. We must do what this statute provides. And we need to count on the County Manager to get it done for us so we're sure that whoever the chair is, is able to sign those checks. But the County Attorney is also correct in saying that right now the majority of payments, if not probably all the payments, are made electronically. So to the extent that any specific check would come to the chair for signature, I would think it would be the rare occasion, that it is not going to be, you know, administratively difficult. I would also say if the checks -- if payments are not being made, in large part electronically, then we need to revisit that because they should be. And that leads to the second item on the agenda, which is the controls over electronic fund transfers, but we can get to that next. So to ask the County Attorney and the County Manager to look at what we as a board need to do operationally in order to be compliant with 13 6.06(1), I think, is the right direction, and to bring it back at the next board meeting and tell us how we are going to get this done Page 48 April 26, 2016 because we have to get it done this way. CHAIRMAN FIALA: Okay. Thank you. I'll tell you, I'm not thoroughly convinced that this is really the way to go, to be honest with you, but I'm willing to go along with this vote and have the County Manager thoroughly vet this and then get back to us. Right now I'm in doubt that this is the way to go. COMMISSIONER HILLER: But it's not a question of what we think, though, because -- CHAIRMAN FIALA: Let me finish. COMMISSIONER HILLER: -- it is a "shall" statute. Of course. CHAIRMAN FIALA: So being that I'm not thoroughly convinced, I'm -- I would be prepared to wait until the County Manager and his staff thoroughly vet this and then get back to us with a more informed decision. Okay. How about you, Commissioner Taylor? COMMISSIONER TAYLOR: Yes. And I would agree. I would like the County Attorney, of course, as our interpreting master of the law, to, you know, render an opinion on it and certainly work with the County Manager's staff on this issue. CHAIRMAN FIALA: Look at the smile on his face. COMMISSIONER TAYLOR: I don't know if it was a smile or a smirk. CHAIRMAN FIALA: No, it wasn't. MR. KLATZKOW: It wasn't a smirk. CHAIRMAN FIALA: Okay. We have a motion and a second on the floor. Any further comments? (No response.) CHAIRMAN FIALA: Okay. Thank you. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. Page 49 April 26, 2016 CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: And opposed? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. And that's a 4-1 vote. Thank you very much. Item #10E THE COUNTY MANAGER TO DEVELOP INTERNAL CONTROLS OVER ELECTRONIC FUND TRANSFERS (EFTS) IN CONFORMANCE WITH § 668.006, FLORIDA STATUTES, AND BRING THE PROPOSED CONTROL MEASURES BACK TO THE BOARD OF COUNTY COMMISSIONERS FOR FINAL APPROVAL - MOTION DIRECTING THE COUNTY MANAGER TO DEVELOP INTERNAL CONTROLS OVER ELECTRONIC FUND TRANSFERS AND BRING PROPOSALS BACK TO THE BOARD FOR CONSIDERATION — APPROVED MR. OCHS: The next item is 10E, and that is a recommendation to direct the County Manager to develop internal controls over electric -- excuse me -- electronic fund transfers, and Commissioner Hiller brought this item forward. COMMISSIONER HILLER: Yes. May I? CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: Commissioner Hiller, can't we just roll that into the previous motion? I mean, we're covering two things. I think -- COMMISSIONER HILLER: Absolutely. COMMISSIONER NANCE: -- the approach is fair. COMMISSIONER HILLER: I think you're right. And let me just Page 50 April 26, 2016 -- I'd like to get a few words on the record with respect to this particular item. It is the Board's responsibility to ensure that there are adequate internal controls over electronic fund transfers, and it does tie into the previous item. And to that end, what I've asked is that we direct the County Manager to develop those internal controls and bring those back to the Board for our approval so we're, again, in compliance with Florida Statute. And, again, it is a "shall" statute, not a "may." We have to do this. And so I would ask the Board to accept the motion to direct the County Manager to develop those internal controls and -- over EFTs and bring it back to the Board for approval. And just so you know, this particular lack of controls issue was something that was highlighted in the Okaloosa audit, and the Auditor General in its recommendations to Okaloosa County stated that Board of County Commissioners had to do this in conformance with 668.006, Florida Statutes. And so I'm recommending we do the same so we don't find ourselves in face of being cited with a deficiency by the Auditor General ourselves, which also ties back with 10D, which also was cited in -- and in 10D, by the way, the 13 6.06(1), the Okaloosa audit -- Auditor General report didn't reference the signature issue, because I don't believe that was an issue. They were compliant with that portion in Okaloosa County, but it did reference the failure to disclose in the minutes of the board who was paid, how much they were paid, when they were paid, and what they were paid for, and that it served a valid public purpose, which is one of the issues that we have been addressing on this board. COMMISSIONER NANCE: I will second your motion -- COMMISSIONER HILLER: Thank you. Page 51 April 26, 2016 COMMISSIONER NANCE: --just on the basis, you know, that your first item was for checks and warrants, and I think -- checks and warrants, and I think this natural extension to electronic fund transfers will -- you know, between these two gentlemen here makes common, ordinary sense to me, so I'll second that. COMMISSIONER HILLER: Thank you. Thank you very much. CHAIRMAN FIALA: Yeah. I think it was interesting also that you referenced or they referenced -- or you referenced Okaloosa, because that was the one -- I'd never heard that they had a problem before until the Clerk's Office brought it up. So it was interesting that one ties in with the other. COMMISSIONER HILLER: They do. CHAIRMAN FIALA: Commissioner Henning. COMMISSIONER HENNING: Yeah, Leo, don't you have in -- written policies on handling funds for your employees? MR. OCHS: Yes, sir. We have some cash-handling policies and procedures, I think, that we can -- COMMISSIONER HENNING: You have procedures for the purchase card. MR. OCHS: Yes, sir. Yes. COMMISSIONER HENNING: So what would you change? MR. OCHS: I don't know that I'd change anything. I may supplement and improve, perhaps, based on the research that came out of Okaloosa, and I think that's -- if I understand the motion is what is being suggested, that we evaluate and see if there's ways to improve our policies and bring those options and recommendations back to the Board for better internal control purposes. COMMISSIONER HENNING: I'm not finished. CHAIRMAN FIALA: Say that again. COMMISSIONER HENNING: I said I'm not finished. CHAIRMAN FIALA: Oh, oh. I'm sorry. Page 52 April 26, 2016 COMMISSIONER HENNING: Okay. And that's where the tourism director bought a boat for himself; is that the issue? CHAIRMAN FIALA: In Okaloosa, you mean? COMMISSIONER HENNING: Yeah. MR. OCHS: I'm not entirely sure. COMMISSIONER HENNING: Because the whole report's not there. It's, I think, a 66-page report, and you're only getting dribs and drabs of it in the agenda. So do you understand what the full report is? MR. OCHS: I have not read the entire report. I've read sections of it, sir. COMMISSIONER HENNING: Yeah. Me, too. I'm done. Thank you. COMMISSIONER HILLER: May I? CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes. Thank you very much. You know, the Okaloosa Auditor General report is about the operational audit that was conducted on the Okaloosa Clerk's Office as well as the Okaloosa Board/County Manager's Office. The underlying impetus was, in fact, the fraud committed by the tourism director, but the purpose of the report was to identify what were clearly weaknesses in the operations of the Clerk's Office and the Board's office. And so it should be read by everyone on staff It should be read by members of this board. COMMISSIONER HENNING: Where is it? COMMISSIONER HILLER: It's available online. You can go to the Auditor General's website, and you can pull the report. I've read it. And it would be a good education for you, Commissioner Henning. I think you would benefit by it. COMMISSIONER HENNING: You should put the report -- provide it for everybody. COMMISSIONER HILLER: No. I don't need to. You can go Page 53 April 26, 2016 online and get it yourself. I'm specifically addressing issues that I believe are of note or are worthy of note to us right now as we are addressing our own systems. So thank you very much. And with that, I'll ask that the question be called. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER HILLER: Sure. CHAIRMAN FIALA: I first need to hear from Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Just to note that I've read the report, Commissioner Hiller. COMMISSIONER HILLER: I commend you. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Okay. Thank you very much. Item #14B1 CONSIDERATION OF A REAL ESTATE PURCHASE AGREEMENT FOR THE 5.27 ACRE BAYSHORE GATEWAY MINI-TRIANGLE PROPERTY (PROPERTY) BETWEEN REAL ESTATE PARTNERS INTERNATIONAL, LLC (PURCHASER) AND THE BOARD OF COUNTY COMMISSIONERS (SELLER), ACTING AS THE AUTHORITY FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA Page 54 April 26, 2016 - MOTION TO APPROVE W/MODIFICATION RECOMMENDED BY THE COUNTY ATTORNEY — APPROVED MR. OCHS: Madam Chair, that takes us to our 10 a.m. time-certain item, that is Item 14B1 one on your agenda this morning. It's a recommendation to consider a real estate purchase agreement for the 5.27-acre Bayshore/Gateway mini triangle property between Real Estate Partners International, LLC, the purchaser, and the Board of County Commissioners acting -- excuse me. This is a hearing for the Community Redevelopment Agency, so it would be appropriate for the chair of the CRA to chair this section of the meeting, Madam Chair. CHAIRMAN FIALA: And that chair is Commissioner Nance? MR. OCHS: That's correct. Chairman Nance, if you'd like to open the CRA meeting, please. CRA CHAIRMAN NANCE: Yes. We will gavel it to order. MR. OCHS: Mr. Casalanguida. CRA CHAIRMAN NANCE: Mr. Casalanguida, are you going to start us off? MR. CASALANGUIDA: I will, sir. For the record, Nick Casalanguida, Deputy County Manager. Thank you, Commissioners and CRA members. I guess a little background, and then we'll get into some points, and then we'll, I guess, take your questions if you have any. This started out with the failed closure of the original purchase that we had with the CRA parcel, and the Board directed us to solicit both a price and concept solicitation. We did that. There were three folks that submitted. Of those three, they went to the CRA advisory committee, and they brought you back a recommendation. You agreed with that recommendation and then directed the County Manager's Office to begin negotiations for a purchase and sale agreement with the proposer that was selected. Page 55 April 26, 2016 This is a little different and a little atypical for a purchase and sale, because really it's a purchase and sale and development agreement since the proposals talked about different concepts that came forward. So what we did was we met with the purchaser, and -- as identified in the executive summary, met with the CRA staff, Jean and Ellie, and began negotiations for the project in terms of bringing it back to the Board. In an email I sent to the real estate partners, Mr. Starkey and Mr. Pezeshkan and their attorney, Mr. Grant, about three weeks ago I said I would be disingenuous if I felt I could bring this to the Board with support. That got their attention. So we sat down again and we went back and forth, and I think to their credit, they stepped up and finalized a lot of the points that were in the agreement to make it a little bit more clear. At this point in time, I think I'm very comfortable suggesting a recommendation that you authorize the chairman to execute the contract and move forward with this. That said, you have risk on both ends of this. You don't have a financial risk in the way this is laid out as an outlay. You have a risk of time, value, and money; the longer this project sits, goes through the entitlement process, the opportunity costs that you may have. But their proposal is a pretty project. They talk about, you know, 200-, $250 million capital outlay. As far as any return on that investment back to them, it doesn't happen until they actually develop the property. There is a clause in the contract that talks about a TIF increment payback; 50 percent of the new TIF. So, in essence, we're creating a TIF within a TIF, or tax increment financing. The base value was set back in 2002 when you set this area. The value grows for this project up to the current time -- point in time. When they close, they would set the TIF for that new base for them, Page 56 April 26, 2016 and then when they expend 200-, $250 million to build this project. The new tax that comes on top of that would be split evenly with the county for a period of 10 years. We estimate that could be anywhere from 2 to $3 million back to the developer. Now, that's over a 10-year period, and they would have to expend the 200-, $250 million to get that. For us, I think that represents the least amount of risk because that project will be out of the ground and be, you know, developed from that case. Key point is to remember that this goes through a due diligence period, about 120 days, with the option for a 30-day extension. It is really for them to get serious about kicking the tires, whether it's for the cell tower, the height that they'll have to deal with, with the Naples Airport Authority and complete, you know, the final due diligence. At the end of that period, they lock down the rest of the 10 percent down payment, only 50,000 of that is actually secured and will become ours should they walk away after that period, and then they go through the entitlement process. We've done a part in the agreement where we fast-track that process with a 15-business-day turnaround both for them and for us. They could be back in front of the board as early as October, November of this year or the spring of next year. And that will be really up to them in terms of going through that due diligence and submitting applications. Commissioner, I gave you others options in the executive summary. I think if this doesn't mature or come to fruition, you could probably explore those other options. You could do so now, but we're recommending you move forward with what's here. The only change I would add is that the escrow agreement hasn't been completed. I would ask that you delegate completion of the escrow agreement to the County Manager so we could complete that if Page 57 April 26, 2016 you decide to move forward with the project. With that, if you have any questions of me or the purchaser or staff. I want to thank Ellie, Jean, and the County Attorney for working with me on this and definitely the purchasers. They put their best foot forward. MR. OCHS: Do we have any speakers? MR. MILLER: No, sir. We have no registered speakers. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. CRA CHAIRMAN NANCE: All right. There's a motion to approve and a second. I have a few comments if no one else would like to speak. You know, it was really my hope from inception and, in fact, if you'll recall, it was my prediction that if we went out for a best-offer methodology on this, that somebody would return to us with a big, bold project. And I tell you, honestly, I believe this is a tremendous project. I think this is a project that it can -- that can be transformational, not just for the Bayshore area but for that whole region of the county down there. And I think Mr. Pezeshkan and his team are coming up with some out-of-the-box ideas. I think they are bold. I think they're aggressive. But one thing that we need to consider and all board members need to consider, that in order for him to be successful and for this to be successful economically for anyone, is that there's going to be some density and intensity changes that are going to have to be approved by this board. And I think it is only fair for us at this time to make comments. If any commissioners really have serious reservations about any of the elements that have been explored up to now, it's only fair to let Mr. Pezeshkan and his team know at the onset. I want to make sure that -- Page 58 April 26, 2016 MR. KLATZKOW: Commissioner? Commissioner, you're going to have a full hearing on the land use items -- CRA CHAIRMAN NANCE: I know, but if we -- MR. KLATZKOW: -- and there will be evidence presented to you. CRA CHAIRMAN NANCE: I know. I'm just saying, let's start out with good faith from the very get-go, okay. I think this is an extraordinary opportunity, and I just want to -- I just want to say that, that I'm in complete support, and I hope that everyone is entering this period of 150 days with good faith. COMMISSIONER TAYLOR: Thank you. Well, I am very excited about this project. And hats off to all parties. Hats off to the county. When I read the balance that I see in this agreement, it gives me great hope that this is a project that is not a slam dunk on any side, but to me it's emblematic of the way we are looking at our future in Collier County. This is the future. Now, folks are going to say, oh, my God. The height. What are we doing in Naples? This is a very small part of the whole eastern corridor. This is the gateway. And we -- it is the most extraordinarily shaped piece of property, perhaps, in Collier County. Now, I'm not sure that that's true but, boy, is it a strange one. And the talent and the creativity of this project to make it work, to make it beautiful, to make it 21st century, and to allow an area that has been neglected and sluggish to take a courageous step forward is extraordinary. And I compliment all the parties because I know this wasn't easy. I wasn't part of it, but I can imagine it wasn't easy. And I look forward to this project blossoming and the renaissance happening in this area. So I'm very, very excited about it. COMMISSIONER FIALA: I can't push a button. Page 59 April 26, 2016 CRA CHAIRMAN NANCE: Wonderful. Commissioner Fiala? COMMISSIONER FIALA: Thank you. The two of you could have never said it better. I would love to add a few words, but you've made it so clear that this area definitely is prime and ready for redevelopment, but in -- the area, as you say, has long been run down and blighted for so long that it needs to have a strong impetus. It needs to have -- it needs to have something so courageous, and this is what I feel they have done. This is a courageous, bold move, as you said, Commissioner Nance, to move forward. But what it will be, it will be the catalyst for new development and for bringing that area up to a better quality. But it couldn't start with something very, very small. It would have to be something like this. And so I am fully in support of this. Thank you very much. CRA CHAIRMAN NANCE: Wonderful. Commissioner Henning, does your motion include delegation of the necessary -- MR. OCHS: Escrow? CRA CHAIRMAN NANCE: -- escrow ability to the County Manager and the second? COMMISSIONER HENNING: Within the executive summary. MR. CASALANGUIDA: Sir, that's not laid out only because we expected to have an escrow agreement completed with the Clerk by today. We didn't get there, so it is not -- COMMISSIONER HENNING: I'm sorry. Say that again. MR. CASALANGUIDA: We expected to have an escrow agreement with the Clerk's Office completed by today. We didn't complete that. You're not binding any money with that. COMMISSIONER HENNING: That includes -- that is included. CRA CHAIRMAN NANCE: And with the second? Page 60 April 26, 2016 COMMISSIONER FIALA: Yes. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: Well, she's the second. You be the second. COMMISSIONER TAYLOR: Are you sure? All right. Yes. COMMISSIONER FIALA: Sure. CRA CHAIRMAN NANCE: Oh, okay. That having been said -- that having been said, there's a motion and a second. Any additional comment? MR. KLATZKOW: Yeah. Just one comment. If for whatever reason we can't get into an escrow agreement with the Clerk, that the County Manager would have the ability to find a replacement escrow agent. COMMISSIONER HILLER: I don't understand why we're using the Clerk as an escrow agent. I have a concern about that. MR. KLATZKOW: I think he makes the best escrow agent. I mean, he would ensure that all documents were properly submitted before releasing the payment. COMMISSIONER HILLER: Well, I just want to make sure it doesn't get politicized, because I can see that happening. MR. KLATZKOW: Ma'am, I have full faith -- COMMISSIONER HILLER: I would support the motion under the condition that if the Clerk does not cooperate in the drafting of the escrow agreement that you go out and find someone else to -- MR. CASALANGUIDA: That's fine. COMMISSIONER HILLER: I mean, you could can have a law firm be the escrow agent. You could have Nabors -- MR. KLATZKOW: I wouldn't put it as not cooperating. If for whatever reason we're unable to, you know, finalize an agreement -- COMMISSIONER HILLER: Yeah, but Nabors Giblin, for example, could be the escrow agent. Page 61 April 26, 2016 MR. KLATZKOW: That County Manager would have the ability to find -- to work with the purchaser and find a secondary escrow agent. COMMISSIONER HILLER: Yeah. Absolutely. And with that modification, I would approve. CRA CHAIRMAN NANCE: Okay. There's a motion and a second. Any further comment? (No response.) CRA CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CRA CHAIRMAN NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CRA CHAIRMAN NANCE: Any opposed, like sign. (No response.) CRA CHAIRMAN NANCE: Very well. It passes unanimously 5-0. COMMISSIONER HILLER: And that is with the modification recommended by the County Attorney, right? CRA CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Thank you. CRA CHAIRMAN NANCE: And -- COMMISSIONER FIALA: Close that meeting? CRA CHAIRMAN NANCE: If there's no further business on this topic, we'll close the CRA board meeting at this time. MR. OCHS: Thank you, Mr. Chairman. CHAIRMAN FIALA: Take a break for the -- MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: -- court reporter. Page 62 April 26, 2016 MR. OCHS: Ten minutes, ma'am? CHAIRMAN FIALA: Oh, yes. Well, we could be back -- let's make it all the way to 11 o'clock. MR. OCHS: 11 o'clock. We'll be back at 11 a.m. Thank you. (A brief recess was had.) CHAIRMAN FIALA: Everyone take their seats. MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you very much. I'm going to ask, in the interest of time and because for today only, I just have to leave here at 11:15 promptly. I've got somebody waiting for me -- a security guy right in the audience to make sure I get out of here on time. So I was going to ask if we could please just -- quickly just get to No. 11D and just discuss that. That was about the RaceTrac. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: But we have to have Commissioner Taylor here, too. I don't know where she is. COMMISSIONER HILLER: Do you want it at 5 o'clock? MR. OCHS: We'll go ahead and -- CHAIRMAN FIALA: No. This isn't -- that isn't what it is. Well, we can -- 11D — Item #11D FORWARDING PETITION NUMBER ASW-PL20150002369, WHICH SEEKS THE GRANTING OF A WAIVER FROM THE MINIMUM REQUIRED SEPARATION DISTANCE OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS, FOR THE PROPOSED RACETRAC TO BE LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET, WHICH MATTER IS PRESENTLY SCHEDULED TO Page 63 April 26, 2016 BE HEARD BY THE BOARD OF COUNTY COMMISSIONERS (BOARD) ON MAY 24, 2016, TO EITHER THE HEARING EXAMINER OR THE COLLIER COUNTY PLANNING COMMISSION (PLANNING COMMISSION) FOR A FINDING OF FACTS AND RECOMMENDATION TO THE BOARD - MOTION TO REMAND THIS ITEM TO THE COLLIER COUNTY HEARING EXAMINER FOR HIS REVIEW — APPROVED MR. OCHS: Yes, ma'am. 11D is to ask the Board if they want to consider forwarding the petition having to do with the requested waiver of the minimum required separation distance between fuel pumps for the proposed RaceTrac project at the corner of U.S. 41 and Frederick and Palm Streets. That is scheduled to be heard by the Board to, perhaps, remand that for a hearing first to either your Hearing Examiner or the Collier County Planning Commission for a finding of fact. CHAIRMAN FIALA: Right, right. And so, Commissioner Nance? COMMISSIONER NANCE: Yes. I think this is a very thoughtful and wise agenda item. I'm -- based on his previous works, I'm going to make a motion to remand this to Mr. Strain and allow him to put us together an analysis and deliver the facts to the Board for their consideration. I think he's done an excellent job in this sort of work in the past, and it's been to our benefit, and I think that will help us -- COMMISSIONER HILLER: I'll second that. COMMISSIONER NANCE: -- put this in perspective. COMMISSIONER HILLER: I'll second it. CHAIRMAN FIALA: Okay. There's a second. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. I was going to make the Page 64 April 26, 2016 same motion. I think, clearly, from his work at Haldeman Creek, which was kind of-- well, it wasn't my introduction, but close to it, in my beginning of my term as a commissioner. It was, I think -- CHAIRMAN FIALA: A fire ring. COMMISSIONER TAYLOR: Yeah, yeah. It was -- it was well done. It will be a public meeting. I think he can certainly -- he has shown that he will be very professional, get rid of the politics and deal with the facts and do the research. So I would agree. CHAIRMAN FIALA: Okay. Any further comments? COMMISSIONER HILLER: No. CHAIRMAN FIALA: Okay. Then all in favor of this motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) Item #1 lE RECOMMENDATION TO ADOPT A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY, AND A PORTION OF ONE 30- FOOT WIDE PUBLIC RIGHT-OF-WAY, BEING A PART OF COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20150002788) (THE SUBJECT PROPERTY IS LOCATED ON THE Page 65 April 26, 2016 SOUTHWEST CORNER OF THE TAMIAMI TRAIL EAST (U.S. 41) AND THE PALM STREET INTERSECTION) - MOTION TO FORWARD THIS ITEM TO THE COLLIER COUNTY HEARING EXAMINER FOR HIS DETERMINATION — APPROVED MR. OCHS: Madam Chair, thank you. And, Commissioners, there's a companion, 11E. This will take just a moment, I believe. It was a request for the Board to schedule a public hearing to consider vacating some public right-of-way on that same project site. You can either approve that, deny it, or continue that to a later date to synchronize it with the hearing that's scheduled after you get your report from your Hearing Examiner. COMMISSIONER TAYLOR: I would make a -- MR. OCHS: It is required -- the hearing is required as part of the state statutory process. I'm looking at my colleague across the room there for some guidance. MR. KLATZKOW: Yeah. If you want to hear both items in a public hearing at the same date, then I would suggest you do that. But my recommendation on 11E is simply continue it. COMMISSIONER TAYLOR: I would make a motion to continue. CHAIRMAN FIALA: And second? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Pardon me? COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Sure. COMMISSIONER HENNING: Is this -- this doesn't have to go to the Planning Commission? MR. KLATZKOW: No, sir. Page 66 April 26, 2016 COMMISSIONER HENNING: Wouldn't you want to send it to the Planning Commission so it can be aired? CHAIRMAN FIALA: Actually, I like that idea. MR. OCHS: Sir, are you referring to 11E, the vacation of the right-of-way? COMMISSIONER HENNING: Right. COMMISSIONER NANCE: That's a resolution. COMMISSIONER HENNING: Is that the one we're on? MR. OCHS: Yes, sir. COMMISSIONER HENNING: That's what I thought. MR. OCHS: There's a statutory process, I think, that's defined there. Jeff? MR. KLATZKOW: Well, the statutory process is the Board would adopt a resolution to set an advertising date, and then we would bring it back. If you're asking that this be heard at the same time with the prior item, the 500-foot waiver item, that -- the Board could do that if it would like. I would suggest, rather than the Planning Commission, since you're sending it to Mr. Stain, you'd send this one to Mr. Strain as well. COMMISSIONER HILLER: I agree. COMMISSIONER HENNING: Okay. COMMISSIONER TAYLOR: Can we -- what would you -- COMMISSIONER HENNING: You have to modify your motion. COMMISSIONER TAYLOR: To be held at the same time? In conversations, I don't think it should be held at the same time. In the same day -- MR. KLATZKOW: Yes, ma'am. COMMISSIONER TAYLOR: -- but I think it could be -- you're talking -- CHAIRMAN FIALA: After. Page 67 April 26, 2016 COMMISSIONER TAYLOR: -- the same day? Maybe one hearing after another, I would agree, but not the same day (sic). CHAIRMAN FIALA: But this can't be heard before the other because -- COMMISSIONER TAYLOR: That's correct. CHAIRMAN FIALA: -- it changes the outcome -- COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: -- and we all know that. COMMISSIONER TAYLOR: Yeah. MR. KLATZKOW: You have similar facts and circumstances between the two. I'd allow Mr. Strain to -- if you're going to send both items there -- to use his discretion on how he thinks best to hear it. COMMISSIONER TAYLOR: Okay. Then I'll withdraw my motion to continue and make a motion that we'll send this -- forward this to Mr. Strain for his determination how he wants to handle it but that he also addresses the waiver. CHAIRMAN FIALA: Okay. This would be -- MR. KLATZKOW: It would be the vacation. CHAIRMAN FIALA: -- following -- this would be -- this would be the second one he would hear after the first one, correct? COMMISSIONER TAYLOR: That is correct. Whether it's the same day or next week or the next month, that's going to be up to his schedule. MR. KLATZKOW: Because you're going to have the same -- you're going to have the same members of the public on both. COMMISSIONER NANCE: It would be very convenient for them. MR. KLATZKOW: It would be convenient for them if-- CHAIRMAN FIALA: I just want to make sure that it's in the right order. MR. KLATZKOW: Yeah. Page 68 April 26, 2016 CHAIRMAN FIALA: Okay. Did I hear a second? I'll second it. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. MR. OCHS: Thank you, Madam Chair, Commissioners. Item #5A AN OVERVIEW OF THE PROCESS FOR THE EASTERN COLLIER HABITAT CONSERVATION PLAN (HCP) BEING CARRIED OUT BY THE US FISH AND WILDLIFE SERVICE — PRESENTED MR. OCHS: That takes us to your 11 a.m. time-certain hearing this morning. That was Item 10B that was moved on the agenda to become Item 5A under presentations. This is a presentation to provide an overview of the process for the Eastern Collier Habitat Conservation Plan being carried out by the U.S. Fish and Wildlife Service, and this item was brought forward on the agenda by Commissioner Taylor. COMMISSIONER TAYLOR: Thank you very much. Are you Mr. McDonald? MR. McDONALD: I am. COMMISSIONER TAYLOR: Nice to meet you. Page 69 April 26, 2016 MR. McDONALD: Nice to meet you. COMMISSIONER TAYLOR: I asked Mr. McDonald to come to speak to us to give us an overview of the process. I had lots of comments and concerns about what is going on here, and how does this work with the RSLA (sic) plan of the -- that is currently in place, and where are we going with this, and so -- COMMISSIONER HILLER: What is your title? COMMISSIONER TAYLOR: -- welcome. MR. McDONALD: I'm fish -- I'm a Fish and Wildlife Biologist with U.S. Fish and Wildlife Service. COMMISSIONER HILLER: Oh, you're a biologist? MR. McDONALD: Yes. COMMISSIONER HILLER: Okay. Are you the executive director of that office or -- MR. McDONALD: No. I'm just a staff biologist that has been charged with the technical review of this particular project. COMMISSIONER HILLER: Oh, I see. Are you one of the -- I just need to understand who's presenting to us and in what capacity. COMMISSIONER TAYLOR: I believe you -- I believe you signed the letter that was sent to Commissioner Fiala regarding the scoping process. MR. McDONALD: It may have been our field supervisor, Roxanna Hinzman. She's actually in charge. I work for her. COMMISSIONER HILLER: And is she aware that you're here presenting today? MR. McDONALD: Yes. COMMISSIONER HILLER: Thank you. CHAIRMAN FIALA: Go ahead. COMMISSIONER TAYLOR: All right. Well, thank you, and welcome, and thank you for your drive from Vero, was it? MR. McDONALD: Vero Beach, yes. Page 70 April 26, 2016 COMMISSIONER TAYLOR: Yeah, thank you. I hope it was a good drive. MR. McDONALD: It was. It was a pleasant drive. I saw some of the species that we'll be talking about today along the way. Today's presentation is not so much as an introduction to the scoping process, since it closed yesterday, but more of an introduction overall to the process that we'll be utilizing to review an application for an incidental take permit and corresponding Habitat Conservation Plan put forward by nine Collier County landowners, and that is why we're here. We received an application for an incidental take permit for federally listed, threatened, and endangered species from nine landowners here in Collier County. We are obligated by law to review this application and to weigh its merits towards the survival or recovery of the species as well as the impact it would have on species of conservation concern, which may be primarily listed by the state at the moment but could eventually become listed by the federal government if further action wasn't taken. The applicants for this incidental take permit, which has been applied for under Section 10.A.1.B of the Endangered Species Act, are Alico, Incorporated; Barron Collier Investments, LTD; Collier Enterprises Management, Incorporated; Consolidated Citrus Limited Partnership; English Brothers Partnership; Heller Brothers Packing Corporation; John E. Price, Jr., Trust; Pacific Land, LTD; and Sunniland Family Limited Partnership. To receive an incidental take permit under this provision of the incidental -- of the environmental -- of the Endangered Species Act, I apologize, the applicants have to meet several criteria; that the take that they anticipate would occur as a consequence to their proposed activities would be incidental, meaning it is not the purpose of the activity which they intend to pursue; Page 71 April 26, 2016 That the applicants will, to the maximum extent practicable, minimize and mitigate the impact of that taking; That the applicant will develop alongside the application for the incidental take permit a Habitat Conservation Plan which will identify the impact of their action, the anticipated impacts of their actions, and their strategy for minimizing mitigating those impacts; And the HCP will ensure that the activities they anticipate pursuing to minimize and mitigate the impact will be adequately funded. Additionally, the taking that they propose cannot appreciably reduce the likelihood of the survival or recovery of federally listed species in the wild, and the applicant will carry out any other measures that we might require for the purpose of fulfilling the HCP. As I mentioned, Habitat Conservation Plan always accompanies an incidental take permit. It itself has requirements in addition to those that are required for an incidental take permit. It has to identify the impacts that are likely to result from their proposed taking, the measures that they will undertake to minimize and mitigate those impacts, and the funding mechanisms that they'll utilize to fund those measures. Alternative actions that the applicant considered that would have resulted in less take but why they're not pursuing those alternatives, and additional measures that they may have identified in discussion with us as necessary or appropriate for the purposes of the plan. I might add that between the incidental take permit criteria and the HCP requirements, that should the service determine that the application is complete and that all of these conditions are met, we are obligated by the Endangered Species Act to issue the incidental take permit. What the applicants are proposing currently is development, residential commercial development, and earth mining activities that Page 72 April 26, 2016 could occur anywhere within a 45,000-acre footprint, and they anticipate this activity could occur anywhere between now and a period of 50 years from now. To offset the impacts of development that occur inside the 45,000-acre footprint that we call the covered activities area, they're proposing 107,000 acres to be permanently protected through easements and other structures from further development in the future. The HCP makes provisions for other landowners to participate in it, to seek the protections that would be authorized under the incidental take permit; however, if they do join the HCP, the 45,000-acre cap would be maintained. They could not add more lands to be utilized for commercial or residential development or earth mining, but they could enter their lands for use as preserves. The covered activities that would occur inside the orange area that you might see on the map could include single-family multi-unit housing, public and private and institutional facilities, commercial office -- commercial and office space, retail establishment, surface water management activities, roadways, parks and landscaping, and utility infrastructure, et cetera, all the kinds of activities we would expect with a typical urban development. In addition to that, earth mining -- earth mining might be pursued at some points inside the covered activities area, and these would be in pursuit of sand, soils, limestones, and other materials that are commonly mined in this area. The preserve area is defined as being an area that has -- has been designated as a sending area under the RLSA program. They're offering 2.5 in the current draft of the HCP, 2.5 base ratio, which basically comes to, for every one acre of development that would occur inside the covered activities area, they would identify 2.5 acres in the preserve area to be permanently preserved, enhanced, or restored. Page 73 April 26, 2016 In addition to that, they would continue to utilize habitat management practices to the benefit of listed species and would seek for other relationships for the service and state agencies to improve how they manage their properties for the benefit of listed species and the control of exotic invasives. In addition to this, they also propose a mitigation fund to address unforeseen circumstances that might arise during the 50-year lifespan of the HCP, and these funds would be used to aid primarily in the survival or recovery of the Florida panther. The species that the applicants have identified as could be impacted include Florida scrub jay, northern crested caracara, wood stork, red-cockaded woodpecker, snail kite, eastern indigo snake, Florida bonneted bat, and Florida panther. In addition to these proposed or partitioned or under consideration for listing on the Endangered Species Act are the gopher tortoise and the eastern diamondback rattlesnake. The state listed species that they've identified that could be affected include the burrowing owl, the sandhill crane, the little blue heron, the Southwestern (sic) American kestrel, tricolored heron, and Big Cypress fox squirrel. The review process is lengthy and thorough. We are at the very beginning of this process. We will have, in addition to the federal register notice of the notice of intent to prepare a draft EIS, as you can see from our diagram, three other federal register notices that will occur, one of which will include an additional comment period, and that will be when we have completed the preparation of the draft Environmental Impact Statement. In addition to the NEPA review that this project will be subject to, we will also be reviewing the impacts of this proposed activity under Section 7 of the Endangered Species Act, which will result in the preparation of a biological opinion. Page 74 April 26, 2016 So there's been some confusion I've seen or become aware of about what is an Environmental Impact Statement and why would we prepare one. Federal agencies are required to prepare an Environmental Impact Statement any time that they're going to embark upon what would be considered a major federal activity, and these are things that could significantly change the human environment for the better or for the worse. It is a document that we prepare to comply with that requirement in the Endangered Species Act that we disclose and study the effects of any proposed action that we are considering. And in this case it would be the proposal to issue an incidental take permit. The Environmental Impact Statements typically are much broader than the biological opinions that we issue under the Endangered Species Act because they also consider effects to resources such as waters, geology and soils, even the view shed, whether or not it would be affected by the proposed action, socioeconomics, environmental justice, who's going to gain jobs, who's going to lose jobs, how is the economy going to change, and how would your tax base be affected. How transportation infrastructure may be expanded or changed or differently utilized as a consequence of the issuance of the incidental take permit will also be considered, as well as the impact of implementing the Habitat Conservation Plan on ecological communities within the area and downstream or otherwise affected. The affected area is not defined simply as the boundary of the permit, but we also look outside the boundary. As far as the effects can be felt by nature, we consider -- we consider that impact. General wildlife to include game species over which the U.S. Fish and Wildlife Service does not typically have management roles but under NEPA, we do consider the impacts of those as well. In addition to this, we will be looking at habitat connectivity. Of course, listed and candidate species, migratory birds, and the effects Page 75 April 26, 2016 that would occur inside this area from climate change were we to implement this Habitat Conservation Plan. The Environmental Impact Statement, the process of developing it is long, and it could take up to a year. I've seen some take multiple years. In this particular instance we have just finished the scoping component in which we solicit from the public any comments, suggestions, concerns or items that they believe we should study while preparing an Environmental Impact Statement. We have just now ended the scoping period, and at this point we'll be moving forward looking at the comments that we've received which are nearing 2,400 comments submitted through email, through oral presentations, and through classic mail. We will go through those, and we will identify issues that have been brought up that would merit study while preparing the draft Environmental Impact Statement and whether or not these couldn't form the establishment of alternatives to the action. Roughly speaking, right now, you have three basic alternatives we would consider as a part of the study. One would be to accept the HCP as it's been given to us, another would be to reject the HCP as it's been given to us, and a third would be to accept the HCP with some modification. And we're hoping that, looking through those comments that we've received, if there are reasonable alternatives that can be derived from them, we will analyze them. Then becomes the long and torturous part where we spend probably a year actually performing scientific analyses of the impacts of those different alternatives on a suite of topics that I just identified, at the end of which we will publish a draft EIS which will not identify a preferred alternative at that time, and will be available for public review and comment. Page 76 April 26, 2016 We will have another comments meeting in which the public will come. They'll give us -- we will give them the opportunity to tell us how we did in conducting the study that we did. Did we use all the information available? Did we use the best scientific practice to be found? We will go back after that comment period. We will look at the comments we receive. We will adjust the Environmental Impact Statement, the draft that we have in our hand, and include any additional issues that were found lacking or were not studied sufficiently. And when we have completed that process of finalizing the Environmental Impact Statement, we will release it to the public as well as our record of decision regarding which alternative that we as an agency have chosen. Preliminary issues that we sort of knew going into this were the impacts of habitat loss and fragmentation on the survival and recovery of the Florida panther, so we will be studying that. In addition to that, the impact of traffic -- changing traffic patterns on Florida panther survivorship. There was a little bit of confusion, I think, from one meeting where I tried to describe what would actually be included on an incidental take permit versus what we would study. In terms of the incidental take permit, the applicants have not asked for authorization to engage in take of Florida panthers that were struck by vehicles because that would be outside of the scope of their discretion to control; however, it is an indirect effect that we would analyze in the context of determining whether or not jeopardy would occur to the species. What comes next? Kind of to reiterate that, we will review those comments that we've received. We will identify alternatives. We will collect. We will conduct a very long and thorough study on all those subject in sum. We will publish the draft Environmental Impact Page 77 April 26, 2016 Statement, receive additional comments on our performance there, publish the final EIS with a record of decision. We will then have a Section 7 consultation internally. We will prepare a biological opinion that determines whether or not any species in this would be -- that their existence would be jeopardized or if there would be any adverse modification to critical habitat. And then our agency, thankfully people much higher pay-graded than myself, will make the ultimate decision whether or not to issue the incidental take permit. And with that, I thank you all. And questions, if you have any. VICE-CHAIRMAN NANCE: Yes, sir. We're going to take questions from the Board now, starting with Commissioner Taylor. COMMISSIONER TAYLOR: I think you answered it. I was wondering, when you said, "we were going to make a decision," where is this decision made? Are they based in Florida? Are they based in Washington? Where is this decision made? MR. McDONALD: Generally these decisions are made at the regional office in Atlanta. They, of course, would -- you know, of a project of this scope, you know, have the discretion to consult higher if they felt necessary. But this one, the authority to make decisions to issue incidental take permits is in the hands of regional directors, typically. COMMISSIONER TAYLOR: Okay. Good. Thank you. VICE-CHAIRMAN NANCE: All right. Sir, thank you very much. We may have some additional questions. I'd just like to thank you for the public presentation that you previously made. And, of course, our staff is participating through an inner agency invitation that you so kindly extended, and they will be, you know, participating with you at your request, and together with the -- in the format that you have for engaging us, and we stand at the ready to answer any questions or provide you with any help or Page 78 April 26, 2016 information that you might request of us through your process. Commissioner Taylor? COMMISSIONER TAYLOR: Just another question. I think there was some confusion I heard -- and, Commissioner Nance, you were there -- with the public. They felt that this was a brand new plan being brought forward, and it's not, it's my understanding. The HCP that was submitted to the U.S. Fish and Wildlife is based on the RSLA (sic) HCP; is that correct? VICE-CHAIRMAN NANCE: Well, the Rural Land Stewardship Area, as a whole -- and I'll just give you my impression, personally, as the commissioner for District 5. The Rural Land Stewardship Area was a plan that was crafted to avoid having development happen on a one-home-per-five-acre basis. And I will say although it has been at times a very difficult process, I believe what it has done is it has allowed us to go forward with growth management planning out there in a fairly comprehensive way. I believe that this Habitat Conservation Plan in this study which is going to evaluate its impact absolutely necessary. And I actually commend the property owners out there for approaching it in a comprehensive way rather than an incremental way rather than -- trying to discuss this and make sense of it in how it impacts species of concern, endangered species, and whatnot, all the animals out there, in an incremental way invites disaster because -- in my view, and I think many of the environmental advocates will tell you that a systemic review and approach to this makes complete sense, as it does for all the other planning that we do. So, you know, I commend this process. I'm very anxious to see what results come out of it, but I think -- I think the approach is proper, but that's just my opinion. MR. McDONALD: And I would add that anyone developing here, no matter what the authority they were developing under, would Page 79 April 26, 2016 probably approach the service for an incidental take permit. They have been sought for single-family dwellings that have been developed inside the panther range and a whole host of other things. So for us it's not unusual for someone to approach us for an incidental take permit, but this is the first time that it has been applied to such a large endeavor to plan development inside of a county. COMMISSIONER TAYLOR: First time in Collier County or first time? MR. McDONALD: First time in Florida, in Collier County. We've had statewide HCPs. We've had countywide HCPs in other locations, but I'm not aware of countywide HCPs that have been implemented in Florida myself They may have, but I just got here in January, so... COMMISSIONER HILLER: So you don't know. You're just not aware of it? MR. McDONALD: I'm not aware of it. COMMISSIONER HILLER: You're not saying that it hasn't happened? MR. McDONALD: Yeah. I'm not aware of large-scale HCPs that have been implemented in Florida. Where I came from in Tennessee, we had two underway when I left. COMMISSIONER HILLER: Oh. VICE-CHAIRMAN NANCE: Well, you know, the stewardship concept since this one, which is the -- I believe the first in the state, Commissioner Henning; isn't that correct? COMMISSIONER HENNING: Yes. VICE-CHAIRMAN NANCE: I believe it was. It's been adopted as a methodology across Florida. So I predict that, you know, you're going to be a busy person. MR. McDONALD: Possibly. VICE-CHAIRMAN NANCE: Commissioner Hiller? Page 80 April 26, 2016 COMMISSIONER HILLER: I think this is a very efficient way of making application for a take permit, to look at it comprehensively like this. I have to say that the landowners are to be commended for working together and applying jointly so you could look at it from a more global perspective as opposed to take, take, take, take, and then you'd have to figure out, you know, at different points in time what impact, you know, one take permit has on another application and so forth. So I think it's very good and, obviously, the process that you've defined here is the legal process. It's statutorily mandated, and that's what you have to follow, and you should, and that's great. And I, really -- I'm not quite sure why we're hearing this today, but... COMMISSIONER TAYLOR: Because I put it on the agenda. COMMISSIONER HILLER: No. I appreciate that, but I'm not sure why we specifically needed this education. I'm -- but I thank you nonetheless for coming. COMMISSIONER TAYLOR: Maybe all of us aren't as clever as you are, ma'am. COMMISSIONER HILLER: It's not a matter of clever. The question is, what is the purpose of the information? I mean, there's a lot of information out there. You know, it benefits me to know why I'm receiving information towards a specific objective. COMMISSIONER TAYLOR: Because I had many inquiries about this issue. There was somewhat of controversy in two scoping meetings, and it was important, I thought, to bring it to the public. COMMISSIONER HILLER: Thank you. VICE-CHAIRMAN NANCE: Thank you very much, sir. Thank you for traveling a great distance and taking your time for, I'm sure, a very short presentation relative to your investment of time. We appreciate it very much, and we look forward to working together with you as we can and should to assist you in your duties. Thank you very Page 81 April 26, 2016 much. MR. McDONALD: Thank you, sir. COMMISSIONER TAYLOR: Thank you. VICE-CHAIRMAN NANCE: Mr. Ochs? Item #10A (Discussed; Continued to later in the meeting) AUTHORIZING A TIME CERTAIN OF 5:00 PM FOR THE RACETRAC GAS STATION ITEM WHEN IT IS SCHEDULED FOR AN UPCOMING BCC MEETING IN ORDER TO FACILITATE PARTICIPATION BY WORKING RESIDENTS OF THE COMMUNITY CONCERNED ABOUT THE RACETRAC DEVELOPMENT PROPOSAL ON US41 BETWEEN PALM AND FREDERICK STREETS — MOTION TO CONTINUE — FAILED DUE TO LACK OF A MAJORITY MR. OCHS: Mr. Chairman and Commissioners, that takes us back to item 10A under Board of County Commissioners. This is a recommendation to authorize a time-certain of 5 p.m. for the RaceTrac gas station item when it is scheduled for BCC meeting in order to facilitate participation by the working residents of the community concerned about the RaceTrac development proposal on U.S. 41 between Palm and Frederick Streets, and Commissioner Taylor brought this item forward. COMMISSIONER TAYLOR: And, again, this comes from the public. They're -- have been -- COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Thank you. Second. VICE-CHAIRMAN NANCE: Any other comment? (No response.) VICE-CHAIRMAN NANCE: You know, I'm just personally Page 82 April 26, 2016 concerned that if we start having late-in-the-day or evening meetings for one topic of concern, that we're going to extend this into many, many meetings. And I realize that there's a great deal of public interest in this, but there's, frankly, public interest in many things, and I don't think that there has been a lack of opportunity for the concerned citizens to communicate with the Board. There's been numerous meetings. There's currently additional meetings where their input can be received. So I'm -- you know, I just -- I think it's going to be unfair to many others, because I don't think the board, frankly, is ready to have -- start having nighttime meetings whenever we have an issue where the public wants to be engaged. I don't have any idea who was first. COMMISSIONER HILLER: I believe I was. VICE-CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. That is a concern of mine. And the reason I say that, we've had a lot of issues that have come before this board that have involved a lot of public input. I mean, fracking being one of them. We didn't have meetings at 5 o'clock on fracking, which had a countywide impact. And so I'm afraid to carve out -- while I completely understand the concerns of the neighborhood with respect to the development of that station, I have to agree with you, Commissioner Nance. I mean, we currently have a policy that provides for meetings being held during the hours that we're having them, like, for example, right now, and I don't believe that we should be arbitrarily changing the hearing times issue by issue. I think we have to be very careful about that. So -- and in addition they've had a lot of-- I mean, they could have their own -- they could have a meeting with the developer during hours that are convenient for them. Page 83 April 26, 2016 So I would tend to agree with you. And, again, it's not because I don't think that this is a very important issue but because, as with so many important issues, we've never done this, and we don't do it for a reason. You know, this is the time that we conduct business. VICE-CHAIRMAN NANCE: Well, I do think it speaks to fundamental fairness. And nobody is more concerned about the impact on working residents than I am. And, frankly, the residents and working citizens in my district have to travel farther than anyone else COMMISSIONER HILLER: No question. VICE-CHAIRMAN NANCE: -- to reach this venue -- COMMISSIONER HILLER: And the fracking -- VICE-CHAIRMAN NANCE: -- whether it's a plan commission meeting or a Hearing Examiner meeting or whatever, they're always over here on the west side of the county. And, you know, it's not that I'm not concerned. I just don't want to begin a process that I don't think is -- that staff or the Board is really wanting to engage. COMMISSIONER HILLER: And I agree with you. VICE-CHAIRMAN NANCE: What are we going to do the next time? COMMISSIONER HILLER: And the -- if we want to explore having evening meetings or having meetings in different locations, we can do that, but that's separate and apart from this particular meeting request on this particular issue. VICE-CHAIRMAN NANCE: Commissioner Henning, then back to Commissioner Taylor. COMMISSIONER HENNING: Commissioner Taylor, remove your motion, ask for a continuance of this item. COMMISSIONER TAYLOR: When we have a full -- full commission? COMMISSIONER HENNING: Yeah. You know, we always try Page 84 April 26, 2016 to accommodate the public, at least that's why we're here. We have several items on today's agenda that was accommodating to people outside county government. We always grant this. It just appears that our meetings are too short, and we don't want to accommodate the public. That's what I'm hearing. COMMISSIONER HILLER: No, it's not. COMMISSIONER HENNING: However, I'm going to remove my motion so, therefore, there's not a motion, and I'm going to make a motion to continue. COMMISSIONER TAYLOR: And I would second that motion -- I will remove my second, and I will second that motion, because I think we need a full commission in order to make this decision. COMMISSIONER HILLER: Commissioner Nance, what are your thoughts? VICE-CHAIRMAN NANCE: My thoughts are exactly what I've already expressed, so if there's -- if there's -- do you have further comment, ma'am? COMMISSIONER TAYLOR: No. COMMISSIONER HILLER: So are you against continuing this? VICE-CHAIRMAN NANCE: Yes, I am. There's a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER HENNING: Aye. VICE-CHAIRMAN NANCE: All those opposed? Aye. COMMISSIONER HILLER: Aye. VICE-CHAIRMAN NANCE: So it's 2-2, so the motion fails for lack of a majority. Item #11A Page 85 April 26, 2016 AWARD BID #15-6484 TO QUALITY ENTERPRISES USA, INC., FOR THE "NEW MARKET ROAD SIDEWALK IMPROVEMENTS" PROJECT FOR CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON BOTH SIDES OF NEW MARKET ROAD FROM NORTH 15TH STREET TO EAST MAIN STREET IN THE AMOUNT OF $1,468,940.26, PROJECT NO. 33423, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — APPROVED MR. OCHS: Mr. Chairman, that moves us to Item 11A, and this is a recommendation to award a construction contract for sidewalk improvements on both sides of New Market Road to Quality Enterprises USA, Incorporated, in the amount of$1,468,940.26, and authorize the necessary budget amendments. Mr. Jay Ahmad, your Transportation Engineering Director, is available to present or respond to questions from the Board. MR. AHMAD: Good morning, Mr. Chairman, Commissioners. Jay Ahmad -- VICE-CHAIRMAN NANCE: I'll make a motion to approve. I think it's a -- I think it's a tremendous project, and I know it's going to be exceedingly well received out there in Immokalee. COMMISSIONER TAYLOR: Second. VICE-CHAIRMAN NANCE: This is something they've worked for, for a long time. COMMISSIONER HILLER: It is. Second. VICE-CHAIRMAN NANCE: Commissioner Henning, then, I think, Commissioner Taylor. COMMISSIONER HENNING: How many -- how long is this project, both sides? MR. AHMAD: It's -- the project is from 111th to Bonita Beach. Page 86 April 26, 2016 The motion that you are acting on today -- MR. OCHS: Jay, the first one. New Market Road. MR. AHMAD: Oh, I'm sorry. This is New Market. MR. OCHS: Yes, sir. MR. AHMAD: It's approximately a mile. MR. HALL: It's from -- Dan Hall, for the record. It's from State Route 29 to State Route 29 or North 15th Street and Main Street. COMMISSIONER HENNING: How many feet and inches? MR. AHMAD: I'll get to it in a second, sir. I have a slide, if I could. It shows the Station 8. If I can have visualizer, Leo. Thank you. Thank you. It's roughly from Station 10 to 127, so it's 117 stations; 11,700 feet; approximately two miles. COMMISSIONER HENNING: Okay. Is that -- is this -- this is federal money so it has to be a project managed by an outside consultant? MR. AHMAD: Yes, sir. COMMISSIONER HENNING: Is that included in that? MR. AHMAD: In your agenda today, there is a ranking recommendation for a CEI. We don't have to use a CEI, but because of staffing constraints, we are using an external CEI, and it's also paid by -- a portion of that is paid by the state. COMMISSIONER HENNING: Okay. Well, great. This is definitely a walking community in Immokalee. MR. AHMAD: Yeah. We think it's a great project for the city of Immokalee, and it will be beneficial for those folks who walk there. VICE-CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I'm wondering -- Mr. Ahmad, if we could just have some -- you know, I'm a visual person -- some pictures of exactly what's there now, if there's drainage there and where these sidewalks are going to be laid. Thank you very much for Page 87 April 26, 2016 that. MR. AHMAD: Yeah. If I can have just a second, I'll get you to the slide where it shows it. COMMISSIONER TAYLOR: Thank you. MR. AHMAD: The project is to add a 6-foot sidewalk on either side of the street, and the street is -- roughly, it goes north/south. And as you can see here, there's a 6-foot sidewalk and a 6-foot sidewalk. Every time we cross a driveway or a street, there's culverts and direct drainage, so we're not blocking drainage with our sidewalk. That's essentially the project. After we finish, I know our roadway maintenance is coming with a project to resurface the roadway for the entire length of it. COMMISSIONER TAYLOR: Okay. And there's drainage there right now that's working; is that correct? MR. AHMAD: Correct. If you could -- this is an eye chart, but if you could see that there is swale on each side currently exists -- COMMISSIONER TAYLOR: Oh, I see. MR. AHMAD: -- on either side of the street, and the sidewalk will go on the other side of the swale. COMMISSIONER TAYLOR: Good. VICE-CHAIRMAN NANCE: Just for the interest of the commissioners, on the northern leg of this road, it is very much residential on both sides of the road, and there's going to be a lot of foot traffic, particularly people traveling to and from the schools, from Immokalee High School, I-Tech. There's a lot of people that are going to be heading south to those. From First Street south it is very much a business district. When you get into that, you're into the farmers market, into the boneyard, into business district that's very agribusiness centered. So it's going to be -- it's going to be very -- very important to do this. And I don't think there'll necessarily be that many schoolchildren Page 88 April 26, 2016 on that leg, but there may be a lot of workers and people going to and from work in their businesses during the day. So I think this is going to be a -- it really is an issue of safety, because there's a lot of a lot more heavy truck traffic on this part than you would imagine that's coming out of the business district in Immokalee on the south. Commissioner Taylor? COMMISSIONER TAYLOR: And I'm not familiar -- Commissioner Nance, you can help me with this. But that's what my understanding is. When you start repaving roads, they become easier to trans -- you know, to go across. They become faster. Are we -- is this going to be a main thoroughfare for the large trucks? VICE-CHAIRMAN NANCE: Well, it currently is. COMMISSIONER TAYLOR: No matter what, right? VICE-CHAIRMAN NANCE: Well, you know, ma'am, honestly, it was my hope that the Immokalee loop road, which would have been on your right on this photograph and it would have -- it would have kind of been outside this road -- it was my hope that that was going to happen sooner than later, but probably because of the $65 million expenditure -- unexpected expenditure for State Road 82, it may delay, unfortunately, the construction of the Immokalee loop road. But the Immokalee loop road would be slightly to the east of this road, and then probably at some point it would -- it would peel off so that travelers on the loop road could get into the Immokalee business district and not force that traffic in that -- kind of your upper left segment of New Market Road, which is primarily residential. That, hopefully one day, is going to be a more walkable and safer community when the loop road is in and there is an alternative route for people to travel. But at present, let's just take the worst-case scenario. Let's say that the proposed landfill project would have taken place. That would Page 89 April 26, 2016 have put an increased volume of industrial sorts of vehicles not only on Main Street but also, you know, maybe most likely on New Market Road. And this is the place where small businesses are, the state farmers market is there, the local fruit harvesters and vendors, packers, are located there. So I think -- I think this is going to be critical for safety for some time to come. COMMISSIONER TAYLOR: And -- MR. AHMAD: To help you a bit, we are not widening the roadway. This is just strictly sidewalks on either side of the roadway. So it can't be anything but improvements to pedestrian safety. COMMISSIONER TAYLOR: Okay. MR. AHMAD: There's no issue with the increasing capacity. We're not adding lanes or width here. We're just adding sidewalks. COMMISSIONER TAYLOR: Okay. Very good. Yeah, I think -- yeah, the concept of speed bumps would probably not work. So that was my concern, but thank you very much. MR. AHMAD: Welcome. COMMISSIONER TAYLOR: I think -- yeah, I think when you repave and you widen those shoulders, I think, is when it really becomes a racetrack, you know, so to speak. So this is fine. Thank you very much. MR. AHMAD: You're welcome. COMMISSIONER TAYLOR: Yeah, congratulations. VICE-CHAIRMAN NANCE: Any other comments from commissioners? (No response.) VICE-CHAIRMAN NANCE: Hearing none, there's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. Page 90 April 26, 2016 VICE-CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. VICE-CHAIRMAN NANCE: Any opposed, like sign. (No response.) VICE-CHAIRMAN NANCE: Thank you very much. That passes 4-0. Item #11B AWARD BID #16-6589, "MEMORIAL PATHWAY ON VANDERBILT DRIVE," TO HASKINS, INC. FOR CONSTRUCTION OF PATHWAY AND ROADWAY IMPROVEMENTS IN THE AMOUNT OF $2,341,044.22, PROJECT NO. 60178 — APPROVED MR. OCHS: Item 11B is a recommendation to award a construction contract for pathway and roadway improvements for the Memorial Pathway on Vanderbilt Drive to Haskins, Incorporated in the amount of$2,341,044.22. And Mr. Ahmad will -- COMMISSIONER HILLER: Motion to approve. VICE-CHAIRMAN NANCE: Commissioner Hiller makes a motion to approve. I will second that. Is there any further -- COMMISSIONER HILLER: Can I speak to it? VICE-CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER HILLER: This project, obviously, has been a long time coming to Vanderbilt Drive, and the residents of the community are really looking forward to having it. What I would ask is staff update the community. They haven't heard as to what is going on and would like to know the timetable as to Page 91 April 26, 2016 when this will be started, when it will be completed, and, you know, keep them apprized along the way if there are any delays. Stay engaged with the community. Again, this was a project that this community really, really wanted. They need to be kept informed. MR. AHMAD: Absolutely, Commissioner. Jay Ahmad, for the record, director of transportation, engineering division. You're absolutely correct. And it is our normal practice, once we get the award by the Board, to hold a public information meeting informing the public of our project and the construction, and the contractor would be in attendance, and we are on track to do that as well. COMMISSIONER HILLER: Please let me know when that meeting is going to take place. MR. AHMAD: And we'll do that as well. COMMISSIONER HILLER: Thank you. VICE-CHAIRMAN NANCE: Any other comments? (No response.) VICE-CHAIRMAN NANCE: Hearing none, there's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. VICE-CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. VICE-CHAIRMAN NANCE: Any opposed, like sign. (No response.) COMMISSIONER NANCE: That also passes 4-0. Thank you very much. Item #1 1 C Page 92 April 26, 2016 RESOLUTION 2016-86: SEGMENT 1 — PARCELS 281 RDUE THROUGH 305RDUE; RESOLUTION 2016-87: SEGMENT 2 - PARCELS 306RDUE THROUGH 327RDUE; RESOLUTION 2016-88: SEGMENT 3 — PARCELS 328RDUE THROUGH 348RDUE; RESOLUTION 2016-89: SEGMENT 4 — PARCELS 349RDUE THROUGH 375RDUE; RESOLUTION 2016-90: SEGMENT 5 — PARCELS 377RDUE THROUGH 404RDUE - AUTHORIZING CONDEMNATION OF THAT LAND AND THOSE PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145). ESTIMATED FISCAL IMPACT: $5,737,000 — ADOPTED MR. OCHS: Mr. Chairman, Item 11C is a recommendation to adopt a series of resolutions authorizing condemnation of land and the easement interests necessary for the construction of roadway drainage and utility improvements required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. The estimated fiscal impact is $5,737,000, and Mr. Ahmad, again, will present or respond to questions. VICE-CHAIRMAN NANCE: Mr. Ahmad, I have one question to start it off, and maybe that will -- this -- it's my understanding that these resolutions will enable acquisition of property in eminent domain if necessary. MR. AHMAD: Yes, sir. This is, of course, condemnation of land as our last resort, and this will allow us to proceed in a timely fashion with our schedule to get to construction in 20 -- in 2020, which is the year that's designated with the funding every year -- Page 93 April 26, 2016 VICE-CHAIRMAN NANCE: And funding is primarily to be made through impact fees? MR. AHMAD: Yes. VICE-CHAIRMAN NANCE: Thank you very -- MR. AHMAD: Impact fees or other funding from the county. VICE-CHAIRMAN NANCE: Yes, sir. Thank you very much. I'll make a motion to approve -- COMMISSIONER HILLER: Second. VICE-CHAIRMAN NANCE: -- the resolutions. There's a motion and a second. Comments from commissioners? (No response.) VICE-CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. VICE-CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. VICE-CHAIRMAN NANCE: Any opposed, like sign. (No response.) VICE-CHAIRMAN NANCE: That is approved 4-0. Thank you very much. MR. AHMAD: Thank you very much. MR. OCHS: Item 11G was previously Item 16D6. It was moved to the regular agenda at Commissioner Taylor's request. This is a recommendation to accept the preliminary needs assessment for setting spending priorities for the U.S. Housing and Urban Development Entitlement Grant Funds. And Ms. Grant will make the presentation. VICE-CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER HILLER: Do we have enough -- Page 94 April 26, 2016 COMMISSIONER TAYLOR: Yes. COMMISSIONER HILLER: Can I ask a question? Do we have enough time to hear this and -- before we break for lunch, or do we want to wait for Commissioner Fiala's return? COMMISSIONER HENNING: I think we ought to wait till Commissioner Fiala's return. COMMISSIONER TAYLOR: That's fine. COMMISSIONER HILLER: Maybe we should do that. VICE-CHAIRMAN NANCE: Okay. You want to go to 11 -- COMMISSIONER HILLER: 11H. VICE-CHAIRMAN NANCE: You want to go to 11H? If that's the will of the board, we'll do that. Excuse me, ma'am. We'll take -- we'll take you up after the lunch break. Item #11H AWARD CONTRACTS UNDER REQUEST FOR PROPOSAL #15-6521, "INFORMATION TECHNOLOGY ON-CALL SERVICES" TO TWO CONSULTANTS: EXECUTIVE ALLIANCE GROUP, INC. AND HYPERTEAM USA BUSINESS CONSULTING, INC. TO PROVIDE SUPPLEMENTAL INFORMATION TECHNOLOGY (IT) SERVICES ON AN AS NEEDED BASIS — APPROVED MR. OCHS: 11H was previously 16E3. It was moved to the regular agenda by Commissioner Henning, and this is a recommendation to award a contract for Information Technology On-Call services to two consulting firms, and Mr. Berrios is available to make the presentation or respond to questions from the Board. VICE-CHAIRMAN NANCE: Commissioner Henning? Page 95 April 26, 2016 COMMISSIONER HENNING: Yeah, thanks. What is this -- the total of two contracts? What's the value of it? MS. MARKIEWICZ: Joanne Markiewicz, Procurement Services Director. In the past, Commissioner, we have issued about three-quarters of a million dollars over four-and-a-half years. COMMISSIONER HENNING: No, no, no. Not in the past. What are these contracts' values? MS. MARKIEWICZ: They are on-call service contracts. So as the needs arise -- COMMISSIONER HENNING: Is there a limit? Is there a limit? MS. MARKIEWICZ: There is a limit. For each purchase order, it's not to exceed $200,000. COMMISSIONER HENNING: Could it be a billion dollars? MS. MARKIEWICZ: No. No, sir, it couldn't. COMMISSIONER HENNING: So there is a limit? MS. MARKIEWICZ: The contract has a limit for each of the vendors at $750,000 a year. COMMISSIONER HENNING: Seven hundred fifty -- MS. MARKIEWICZ: Yes, sir. COMMISSIONER HENNING: -- for one of the contractors, right? MS. MARKIEWICZ: Yes, sir. COMMISSIONER HENNING: Okay. Well, see, that was my question. I wanted to know what the value of it was. You understand? MS. MARKIEWICZ: Yes, sir. COMMISSIONER HENNING: Okay. Now, what's confusing about this is Attachment Schedule A of payment reimbursement. And I think this goes to some of the problems that we have about payment. We don't know if it's lump sum. We know -- we know that the contractors are -- they give their hourly rate within the bid, right? Page 96 April 26, 2016 MS. MARKIEWICZ: They did, sir, yes. COMMISSIONER HENNING: Okay. But that's -- that's the only thing that we know about the pricing on this. We don't -- how are they going to be paid? MS. MARKIEWICZ: For each order there is a purchase order that is issued. On that purchase order will either be a lump sum quote or a time and material quote. That quote, then, will be referenced in the contractor's invoice, and the Clerk will audit to that invoice and to that quote. COMMISSIONER HENNING: Where's that in the contract? Because I was looking for it. I may have overlooked it. MS. MARKIEWICZ: I believe it was section -- MR. CASALANGUIDA: Article 5. MS. MARKIEWICZ: Article 5, yes. MR. CASALANGUIDA: It's in compensation, sir. MS. MARKIEWICZ: And the language in Section 5 is the Board-approved language. MR. CASALANGUIDA: I can scroll down, and you can tell me when you want me to stop. It talks about either -- lump sum, then it goes to time and materials, or unit price. COMMISSIONER HENNING: Well, is there any materials in this? I mean, it's -- MR. CASALANGUIDA: They could, and there's a markup limit, I believe, of 50 percent or actual costs. I'll have to look in one, but there's a limit. So if they have to go buy a switch to go do the job, a router switch, they would bring it back to the county and say, I purchased a switch. Here's my copy of the purchase, if they bought materials. COMMISSIONER HENNING: How -- are you going to ask each of the vendors for a quote on -- before utilizing them? MS. MARKIEWICZ: Yes, sir. Schedule A is the way we would, Page 97 April 26, 2016 in essence, ask a contractor to quote out a job for us. That's on Page 31, Nick? MR. CASALANGUIDA: I'm going to get there. COMMISSIONER HENNING: Would it be Packet Page 2010? MR. CASALANGUIDA: There's two Schedule A's sir. Schedule A is your -- how you would issue the work order, and two contracts have them in there. They both have them. And then there's a fee schedule that's Schedule B. That's the rates. So each one has a Schedule A, which would be how you would issue the work. So you'd identify the task, you would identify whether it was lump sum, lump sum reimbursables, time and materials, or cost plus, and then you'd use Schedule B to develop the time and materials or an estimate for a lump sum. COMMISSIONER HENNING: Okay. Now I understand it because in the -- in the past, we had payments it will have, like tasks, Task 1, Task 2. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Actually what's going to be done. So you're only using this as a template for the work order? MR. CASALANGUIDA: That's exactly correct, sir. COMMISSIONER HENNING: Now I understand. All right. Motion to approve. COMMISSIONER TAYLOR: Second. VICE-CHAIRMAN NANCE: There's a motion to approve and a second. Any further comment? (No response.) VICE-CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. VICE-CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. Page 98 April 26, 2016 COMMISSIONER HENNING: Aye. VICE-CHAIRMAN NANCE: Any opposed, like sign. (No response.) VICE-CHAIRMAN NANCE: That passes 4-0. All right. Lacking another -- do we have any other items, Mr. Ochs, that are short time? MR. OCHS: No, sir. VICE-CHAIRMAN NANCE: Why don't we break for lunch, and we will reappear in this room and continue at 1 p.m. MR. OCHS: Well, you have one item -- you have public comments and one item, and then you have an 11 -- excuse me -- a 1 :30 time-certain, so... COMMISSIONER HENNING: 1:30 time-certain. MR. OCHS: Excuse me, a 1 :30 time-certain. You come back at 1 :15, or if you think it will take you between 1:00 and 1 :30 to do public comments and staff-- VICE-CHAIRMAN NANCE: At the pleasure of the Board. When would the Board like to return? MR. MILLER: I have no registered public comment at this time, sir. VICE-CHAIRMAN NANCE: Okay. Well, we'll come back at 1 :15. That will give you a couple more minutes to enjoy eating a cookie or whatever you need to do to steel yourself for the afternoon's activities. MR. OCHS: Very good. VICE-CHAIRMAN NANCE: Thank you very much. We're in adjournment till 1 :15. (A luncheon recess was had.) COMMISSIONER NANCE: Are we back in action? MR. OCHS: Yes, sir. COMMISSIONER NANCE: Before I -- before I return the gavel Page 99 April 26, 2016 back over to Commissioner Fiala, I had something occur to me here. You know, it's no secret that my office is the messiest of any of the commissioners. I mean, this is definitely not a secret. And I've been accused -- my office has been accused (sic) of something akin to a landfill from time to time because I use a lot of paper, and I've been done -- you know, I kind of work on the idea that piling is filing sometimes. So I have these dangerous piles of things. Anyways, I was thinking about today's activities, and I was looking around and looking through my inventory of different things I keep for special occasions, and it occurred to me that under the circumstances, there's something that's probably in order, and so I was looking for something, and darned if I didn't find something here. So in honor of-- you know, we have kind of this informal proclamation to establish Commissioner Fiala as the pickle queen for 2016, so I wanted to present her with this and allow her to get her photograph taken with a jar of pickles. So stand up and get your picture taken, Commissioner. CHAIRMAN FIALA: Okay. Well, thank you so much, Commissioner Nance. Shall I eat one right now? COMMISSIONER NANCE: You can. CHAIRMAN FIALA: Maybe I'll save it. COMMISSIONER NANCE: Don't -- let's not drop it on the floor because then facilities would probably have to declare an emergency. So I'll set it back here for you. CHAIRMAN FIALA: Oh, thank you so much. Thank you. That was so cute. COMMISSIONER HILLER: That was funny. CHAIRMAN FIALA: Oh, my goodness. COMMISSIONER NANCE: And now I'll return the gavel to the chair. CHAIRMAN FIALA: Thank you. So the meeting is back in Page 100 April 26, 2016 order, kind of. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Commissioners, that moves us to Item 7, which is public comments on general topics not on the current or future agenda. MR. MILLER: I have no registered speakers for public comment, ma'am. CHAIRMAN FIALA: Okay. Item #1 1 G ACCEPTING THE PRELIMINARY NEEDS ASSESSMENT FOR SETTING SPENDING PRIORITIES FOR THE U.S. HOUSING AND URBAN DEVELOPMENT (HUD) ENTITLEMENT GRANT FUNDS — APPROVED MR. OCHS: Then, Madam Chair and Commissioners, that would take us to Item 16D6 that was moved to Item 11G on your agenda. This is a recommendation to accept the preliminary needs assessment for the -- for setting spending priorities for the U.S. Housing and Urban Development Entitlement Grant Funds. Commissioner Taylor had moved this to the regular agenda, and Ms. Grant will present. MS. GRANT: Good afternoon. Kim Grant, Director of Community and Human Services, for the record. I can present this, or I can take questions, whichever you prefer. COMMISSIONER TAYLOR: Well, the reason I wanted it Page 101 April 26, 2016 moved -- it's very straightforward. It's very clear. My thought was if we could narrow the choices down in each category to target certain areas for -- that HUD would support. For instance, support for rental housing or -- and especially transit. And those two items are listed within the hierarchy of which you gave us. I was just thinking, is it more effective instead of spreading it out? Because it's not a lot of money, but it's money. Instead of spreading it all out, would it be more effective to target? I'm talking with my hands. I do apologize, but I'm just trying to express what I was thinking. CHAIRMAN FIALA: It's easier to express with your hands. COMMISSIONER TAYLOR: Yeah. So I'll wait to hear from you, ma'am. MS. GRANT: Okay. Well, the needs assessment is developed based on both data about the needs in our community and also extensive community input. So when this list is put together, it's already been culled through to come to the highest priority needs. Also, each year we accept applications through a competitive round for funding, and every year we do not necessarily get an application for every type of project. So my recommendation would be that we keep with the basic categories as has been identified because they are the priority needs; however, one thing I could offer to the commissioners is in subsequent years after this year -- and I'll come back in a second to explain why not this year -- the commissioners could choose to award additional points for projects that meet certain categories or certain priority needs. So, for example, in a particular year there was a substantial desire to do more with rental, we could consider awarding more points in the process for that. So that would be my response. Now, why not this year? Because each -- every five years, as is in the executive summary we're required to do, consolidate a Page 102 April 26, 2016 plan/strategic plan. The way HUD has put their regulations together, we do this simultaneously with our solicitation for projects, which we are already, essentially, through. We're doing the final vetting of those projects, so I'm not able to go back and award additional points for this particular round. But these needs are for the next five years. So in the next four years, should the Commission desire to sort of prioritize or give additional favor or points to particular of the needs, we could certainly do that. COMMISSIONER TAYLOR: Okay. So the housing and homeless needs -- and you have them -- you have categories and the subcategories within those categories. So those categories are standard? That's -- those are the -- what HUD gives you; is that correct? MS. GRANT: There could be broader categories. These are the categories -- COMMISSIONER TAYLOR: No, I want narrower. MS. GRANT: Yeah. These categories do fit within HUD's requirements, but they are the ones that surfaced through the data, analysis, and the community input as being most significant in our community. COMMISSIONER TAYLOR: Okay. Very good. So I'm really quite satisfied with that response. And this was never challenging what you did. It was wondering if we could even hone it down and silo it more, but I understand from your explanation that's probably not the wisest thing to do. MS. GRANT: Okay. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: Are we also in this -- as long as we're talking about this one, are we also trying to -- and I don't know if these categories, any of them, do this -- trying to encourage income -- jobs Page 103 April 26, 2016 for new people that are coming to the community who are just starting a new job, you know, or being hired by a company that's bringing them down, down to this area? Is any of this money going to that, or is it just going -- I saw that it was doing repairs and assistance to help buy a place and so forth. I didn't know if any of this can even target that category. MS. GRANT: May I ask a clarifying question? Are you asking whether we can specifically use this money to create jobs? CHAIRMAN FIALA: No, no, no. MS. GRANT: Are you talking about -- CHAIRMAN FIALA: If somebody's already being brought down here to work a job. Say, for instance, the county is bringing somebody out of New Jersey to work in your department, and -- a qualified person who really would be good in the housing community but right now the person isn't hired at very much money and probably doesn't even have money to get down here but they would love to move down and stay here. Is there money to help them? COMMISSIONER HILLER: Like, relocation money? MS. GRANT: For relocation? CHAIRMAN FIALA: No, not relocation. Just to get a place to live or -- COMMISSIONER TAYLOR: Establish. COMMISSIONER HILLER: That's typically a relocation. CHAIRMAN FIALA: But they're not -- you know, they're not very, very low income. They would be paid by us so -- you know, but moderate. MS. GRANT: Okay. Let me answer that question very broadly. The vast majority of the funds for this plan here, the entitlement funds, HUD -- I'm sorry, CDBG, HOME, and ESG, are for persons making 80 percent or below of the area median income. CHAIRMAN FIALA: Okay. Well, then it would help them. Page 104 April 26, 2016 MS. GRANT: Within that we do have housing priorities. So if you have someone at 70, 75 percent, they may very well qualify for one of the programs or go into a rental unit that's being constructed with these funds. CHAIRMAN FIALA: Uh-huh. That's what I was wondering. So that's good. MS. GRANT: Okay. CHAIRMAN FIALA: All right. COMMISSIONER HILLER: I do have -- may I ask a question? CHAIRMAN FIALA: Sure. COMMISSIONER HILLER: But all of this is contingent on them having the credit available to get funding from a bank. MS. GRANT: Absolutely. Yeah. If we were doing -- for example, purchase assistance, we would be the second, you know, mortgage, and there would be a primary lender, correct. COMMISSIONER HILLER: And so we would actually hold a mortgage. MS. GRANT: Correct. COMMISSIONER HILLER: Right. That's my understanding. COMMISSIONER TAYLOR: Okay. Well, I make a motion to approve it as submitted. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. And a second. No other comments, all in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. Page 105 April 26, 2016 (No response.) CHAIRMAN FIALA: Thank you. MS. GRANT: Thank you. MR. OCHS: Thank you, Madam Chair and Commissioners. I don't believe that we have anything else, pending our 1 :30. Item #10A (Continued from earlier in the meeting) AUTHORIZING A TIME CERTAIN OF 5:00 PM FOR THE RACETRAC GAS STATION ITEM WHEN IT IS SCHEDULED FOR AN UPCOMING BCC MEETING IN ORDER TO FACILITATE PARTICIPATION BY WORKING RESIDENTS OF THE COMMUNITY CONCERNED ABOUT THE RACETRAC DEVELOPMENT PROPOSAL ON US41 BETWEEN PALM AND FREDERICK STREETS - MOTION TO APPROVE TIME CERTAIN — APPROVED COMMISSIONER HENNING: We have -- we have one 11A (sic) that we made a motion to continue and it failed; however, we never did vote on it up or down. MR. OCHS: Okay. I think you mean 10A, sir? COMMISSIONER HENNING: 10A, yeah. COMMISSIONER TAYLOR: 10A. COMMISSIONER HENNING: 10A is -- MR. OCHS: That's the recommendation to authorize a time-certain at 5 p.m. for the RaceTrac gas station hearing when it comes before the Board. COMMISSIONER HENNING: I'll make a motion to approve. I think there's going to be certain circumstances in the future where you have a working community that wants public input, and this is a perfect example of why you want to hold it in the evening. Page 106 April 26, 2016 Quite frankly, when Commissioner Fiala and I started, for the last 10 years it was always after 5 o'clock. That's my motion. CHAIRMAN FIALA: I'll second. Thank you. Commissioner Hiller? Oh, I'm sorry. Did you have your button on first? COMMISSIONER TAYLOR: I did. CHAIRMAN FIALA: Go ahead. COMMISSIONER TAYLOR: The -- Commissioner Fiala, you weren't here, but we brought it back through procedurally, and the issue that was expressed by two of my colleagues up here was that, you know, oh, my gosh, we're going to set a precedent, but I don't think so. This is -- this is a vote of the commissioners. This isn't one commissioner saying, okay, I'll -- you know. And so it has to be decided in a public meeting, and there are conditions that need to be met to get the support. And so I don't see this as precedent setting or, you know, sending a signal that everybody can come here late or, you know, whatever. This is -- to me, this has been a very passionate, almost heart-wrenching and, certainly I've seen it, tearful eyes when people talk about the impact of this gas station. And these are working-class folks, and they just need to know that the Commission is open to hear them. And so I thank you very much for your second. CHAIRMAN FIALA: I agree, by the way. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I feel very strongly that we shouldn't be singling one group out and benefiting them. There are so many issues that we hear that involve the working community that, if we're going to do this, I think we have to have a policy and maybe, you know, one meeting a month should be held at 5 p.m. and should be hosted in the evening. Page 107 April 26, 2016 I don't think it's fair to benefit one group when we haven't benefited other groups the same way that are groups that involve, you know, the working community. I would like to see a policy that we have, you know, a certain number of meetings a year or a month in the evening. If we're going to go that route, I want to see it as an opportunity for everyone who works out there, not just this one group. And like I said, I don't believe that one group should be benefited by a majority vote and all the other citizens in this community, you know, not have that same opportunity on the issues that are just as passionate, just as concerning, and just as worrisome to them as this issue might be to this group. So, I mean, I can't support it individually. I will support it if you support it for the whole county. CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: Because it's not one group of working citizens. It's for all working citizens. CHAIRMAN FIALA: I don't know. I think right now this is -- this is the first time we've been asked to do this in a long time. We did it many years ago. I haven't had one ask. Usually anybody -- any of the retirees anyway, don't drive at night. They want to be here. COMMISSIONER HILLER: But it's -- CHAIRMAN FIALA: I would think we could take it on a per-basis right now and just see how it goes. I don't know if everybody else agrees with me. Commissioner Nance? COMMISSIONER NANCE: I don't have any comment. CHAIRMAN FIALA: Okay. Okay. COMMISSIONER HILLER: I think we have to help everybody. And, you know, we're here to serve the public, and if we're here to Page 108 April 26, 2016 serve the public, we should be serving the working community, and we should have, you know, one meeting a month that's in the evenings so that the working community can come. And, you know, we can work on trying to schedule those issues that related to more of the working community than retirees accordingly. COMMISSIONER HENNING: This is not -- that's not on the agenda. COMMISSIONER HILLER: Oh, but it very much is, because that's what this is. COMMISSIONER HENNING: That's not on the agenda. CHAIRMAN FIALA: It makes it difficult for the TV stations, too, because they don't -- they can't send their people over. COMMISSIONER HILLER: Sure, they can. CHAIRMAN FIALA: And newspapers don't hire their people after 5 o'clock. COMMISSIONER HILLER: Well, they're working all the time. CHAIRMAN FIALA: Okay. Well, I'm not going to argue with you. We have a motion on the floor and a second. Any further comment? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Okay. That's two. Very good. Moving on. MR. OCHS: We have one item -- pardon me? Page 109 April 26, 2016 COMMISSIONER HENNING: Read it slow. MR. OCHS: There we go. Thank you, sir, for that little segue. Item #1 OC DIRECTING THE COUNTY MANAGER TO SOLICIT BIDS FOR A NEW TOURISM MARKETING AND PROMOTION CONTRACT - MOTION TO DENY — APPROVED MR. OCHS: Now we're moving to Item 10C. It's a recommendation directing the County Manager to solicit bids for a new tourism marketing and promotion contract. This item was brought forward by Commissioner Taylor. COMMISSIONER TAYLOR: Thank you very much. I have -- as chairman of the TDC, the meeting before last I brought an issue to ask the TDC regarding the contract again and the fact that it was a very large contract if it was let out for the six full years with two renewals and that perhaps based on that it shouldn't be, and the TDC decided, I think it was 5-3, not to rebid the contract but to look at it again in two years. I'm bringing this forward now because I didn't have the information to present to the TDC that I have now. And this is specifically and clearly about the contract, a contract that basically rewards a contractor, whomever that contractor is, to spend more because then their fee is higher, a contract that basically doesn't require a vendor or a subcontractor or sub-vendor to submit quotes, a contract that basically, because of just the way it's constructed, turns its back on local people and the local businesses, because when you don't go out and ask for quotes, you don't know who -- you don't have the opportunity to bid on these jobs. And so when I immersed myself in this and brought this forward, Page 110 April 26, 2016 I realized that the current contractors -- this contract is up in September of this year, and, certainly, I think that's -- you know, I think the vendor -- I would encourage the current contractor to come back and bid again. I'm -- this is, again, not about the current contractor, but that in September when the contract expires, that we should create a new contract, a new contract that doesn't reward a contractor because they spend more money. And I understand it's tourist dollars. I understand it's a very lucrative fund, but at the same time it's -- it is money that we need to oversee and we need to look at and, frankly, we need to make sure that in the process of the way that we do business in this county we include local vendors, we give them the opportunity to bid on jobs, and when there's no bidding we don't know. The other aspect of this is the fact that the expenses are -- you know, when we travel as commissioners, we have a per diem. There's no per diem in this contract. They hired -- there's no this is how much you could spend. We don't know what was spent on these -- these -- well, they're called "campaigns," for lack of better word, but these projects. We don't know what's spent. And I think that's important. I think we -- I think if commissioners are required to have a per diem, certainly when we go out there, we need to have that incorporated in all of the work that we do. Not we do, but we as a county does. And then, finally, I think that it would be a great opportunity to show our local community who feels that, in particular, the tourism and marketing department of Collier County has turned its back on them, because I've heard it from several areas and in several ways. And I'm not sure that's true but, frankly, if you're going to bring in photographers from California and models from Miami and production companies from Miami, you're going to spend more money because Page 111 April 26, 2016 there's lodging, there's meals, there's all those things that go into keeping a budget high enough. And when you base your fee on how high the (sic) budget, you know, one and one makes two here, the more money you spend, the more money you make, and I don't think that's the way we do business in Collier County. CHAIRMAN FIALA: You know, usually I wait my turn and I take up last seat because, naturally, as the chair that's what you should do. But in this case, I just have to say a couple things because I come from that industry, and I was very, very involved in producing things for the airline, right -- COMMISSIONER TAYLOR: Yes, yes. CHAIRMAN FIALA: -- and so forth. And one of the things I learned is, you get -- if you want to go first class, you have to go get the first-class people to work for you. Like, for instance, we all know a lot of movie stars and so forth live in Miami. That's where they get their big production things going. They film things there, but especially -- I read about the movie stars living there all the time, and I would guess that there's a great modeling community in there as well. Possibly that's why they go there. And I know the hoteliers -- and I talk with the hoteliers a bit here and there -- actually a lot and -- because, of course, on Marco Island that's -- COMMISSIONER TAYLOR: That's the -- CHAIRMAN FIALA: -- they're the king over there. And they prefer to pay for the highest quality advertising that they can get. I understand that because we all, all of us, reap benefits from it. The more money they take in as far as the tourism industry goes and the TDC dollars, they renourish the beaches. Yes, it's in their contract to renourish the beaches, and they renourish them, and we don't have to renourish them. Page 112 April 26, 2016 And they donate into the -- not donate. They pay into the museum fund. They pay -- well, they do a lot in the parks. We find a lot of things; like, for instance, with pickle ball today. You know, the TDC donated money into that to -- you know, to generate more tourism. Well, I think in this case what they're trying to do is hire the best of the best. Talking with some of the people from the industry, they don't want a change. They like it the way it is because they feel like they're getting the highest quality. I think they're heartbroken that we already owe this vendor over a half-- nearly a half a million dollars that we've never paid them. I think that's so wrong. I think that's wrong. Why should he have to suffer because there's some kind of stuff going on here? I think that's a shame. And you were talking about contracts. Crystal, did you help them create that -- did you participate in the development of their contract? MS. KINZEL: No, ma'am. CHAIRMAN FIALA: Are you sure? You didn't -- MS. KINZEL: I'm sure. CHAIRMAN FIALA: You didn't -- you didn't participate in the creating of the TDC contract -- MS. KINZEL: No. CHAIRMAN FIALA: -- for this firm? Okay. I had understood that you did. COMMISSIONER HILLER: Staff, was Crystal involved when this contract was being developed? I mean, what was Crystal's involvement with this? MR. OCHS: You want -- Madam Chair, you want the staff to make their presentation now, or do you -- CHAIRMAN FIALA: Oh, sure. COMMISSIONER TAYLOR: Madam Chair, may I respond just Page 113 April 26, 2016 to what -- your remarks? CHAIRMAN FIALA: Sure. COMMISSIONER TAYLOR: And, specifically -- and I think it's wonderful. I think the advertising has been very effective. I think the vendor has been very effective advertising. The outreach has been incredible. We're down a little bit but, you know, that has a lot to do with a lot of other factors, and I don't think it's put directly on the shoulders of the vendor. And I want the vendor to come back and rebid, but I think the contract, the contract, not -- not what we agree on the budget. Not what the -- how skillful the vendor is. What we have to do is rewrite that contract so that it's -- it doesn't reward a vendor to spend more money to get more. CHAIRMAN FIALA: But like you said, spend more money. So you were talking about getting models from Miami? COMMISSIONER TAYLOR: No. I'm talking about the 10 percent fee. There's a 10 percent fee that is based on the budget. So they come to us, whomever it is -- CHAIRMAN FIALA: So, in other words, it almost sounds like you're calling them crooks, and it doesn't sound -- COMMISSIONER TAYLOR: No, ma'am. That's the way the contract is written. CHAIRMAN FIALA: Well, I -- COMMISSIONER TAYLOR: The contract is written that they get 10 -- their fee. Their fee is 10 percent of the budgeted that we approve. Now, it comes before us. We have to approve this budget. It's 10 percent. So rather than say there's a flat fee here, it's not predicated on how large the budget is -- because, remember, under this contract, the budget's gone from four million five hundred to five -- five million five Page 114 April 26, 2016 hundred to six million five hundred. CHAIRMAN FIALA: So, you know, the Clerk already owes him a half a million dollar he won't pay -- COMMISSIONER TAYLOR: May I speak -- CHAIRMAN FIALA: What is he getting 10 percent of when they can't even get a paycheck? They're driving them out of business. COMMISSIONER TAYLOR: May I speak to that? CHAIRMAN FIALA: Yeah. COMMISSIONER TAYLOR: Okay. I was at -- that happened in the TDC yesterday. CHAIRMAN FIALA: You know I was sitting in on it? COMMISSIONER TAYLOR: Oh, you were? Okay. So then you heard what Mr. Hames said. He said, we always had -- we always gave you itemized invoices. He said, you know -- and I think the question was posed from the Clerk's -- well, why did you stop? And that wasn't answered. So they're going to get paid because he's already got the documentation. It was the documentation that's lacking. And somewhere in the -- in the communication, I guess, there's been some misunderstanding. But yesterday right in this chambers -- CHAIRMAN FIALA: I had to leave then, too, so I probably didn't hear that. COMMISSIONER TAYLOR: Okay. Right in this chambers, it was decided that this week -- I don't know if the Clerk's Office is going up to Tampa -- but they're going to get paid, because they weren't giving the documentation that the contract required. That's all. CHAIRMAN FIALA: To the specificity that it -- COMMISSIONER TAYLOR: That the contract required. That was my understanding. But they're coming back before us in 30 days to make sure he got paid, but that's my understanding what happened. CHAIRMAN FIALA: So, Leo, would you tell me about that -- I Page 115 April 26, 2016 want to call on you, Jack, but -- MR. WERT: Okay. CHAIRMAN FIALA: -- I made a statement that I thought Crystal helped to develop that contract. Can you tell me -- this is what I heard from staff, so I just want to clarify it before I go any further. MR. OCHS: Yes, ma'am. It would be answered in part of Jack's response if you would allow him to kind of go through the chronology. CHAIRMAN FIALA: Sure, sure. MR. OCHS: And if it isn't answered, then we'll be -- we'll be happy to answer it directly again for you. CHAIRMAN FIALA: Thank you. MR. WERT: For the record, Jack Wert, your tourism director. And I have just a few slides that I think will kind of state some of the answers to the questions that have been asked. First of all, Paradise Advertising has been our agency of record for 12 years. They first won the account in a competitively bid process, and they won over several other firms. Each time that that contract was up, we rebid it again with that same process through county purchasing, following the purchasing policy and procurement policy. MR. OCHS: Jack? MR. WERT: Yes. MR. OCHS: Excuse me. Let me interrupt. MR. WERT: Yes. MR. OCHS: This most recent contract started in October 1st of 2014? MR. WERT: 2014, correct. MR. OCHS: In that solicitation, were there more than one -- MR. WERT: Yes, yes, there were. MR. OCHS: -- bidders? MR. WERT: Actually, I do have a slide that shows what that Page 116 April 26, 2016 history was. If you go back in the early days, four firms responded when the budget was around a million dollars in '10. Again, four firms responded, and three additional sent a no-bid message, so a total of seven. The budget at that time was $2 million. And then in '14 there were five firms that responded to the RFP, and one sent a no bid message, and at that point the budget was $2 million. So that's kind of the history. Each of those was done with an RFP process following the procurement policy, so it was competitively bid. This kind of gives you a bit of a history going back. I went back to 2008 and looked at what the budgets were for our -- the contract, what the service fee was. In those days we had some emergency situations, as you will recall. In '9 we had the downturn in the economy; '10 we had the oil spill in the gulf. Started coming out of it. And at that point we had an ongoing discussion about how can we get more dollars for destination marketing? And in '13 you may recall we actually reallocated the tourist tax and gave us some additional dollars. Four -- beginning in '14 and '15, you'll see that the change orders stopped because the contract at that time, we structured it. And I'd call your attention to a meeting that happened in -- August 12th of 2014 in the purchasing department. That was -- the County Manager was represented, Crystal was there, Joanne Markiewicz, Adam Northrup from purchasing, and myself. We went through the RFP and the fact that Paradise had been chosen. We went through a draft of the contract at that time. And we left that meeting with agreement from the Clerk's finance department and from the County Manager and ourselves that this contract adequately answered everything that the RFP asked for and that the contract, in fact, would do two things. First of all, it would eliminate change orders in the future, Page 117 April 26, 2016 because the budget for the agency was based on the County Commission approved budget for destination marketing, and that plan -- each year you see that plan. Here's this current year's plan. And in the back of this book -- again, this is a detailed budget on virtually everything we're going to do for the year. It goes into the sales. It goes into public relations, the international market. Everything is laid out here in terms of what we're going to spend, what markets we're going to go after, what cities specifically during the time of year that we go after it. So that plan is -- so let's say halfway through the year we do have a hurricane and we have an emergency situation and that we have to go to our emergency funds and say, we need a little bit more to get the word out that, perhaps, our coast is clear and other places have been damaged by the storm. Those dollars would raise the dollar amount of the destination marketing, but it would come to this board, and if you approved it, that would increase the approved budget for destination marketing and, yes, the fee would go up some. But that's not at the behest of the ad agency, nor is that budget, honestly. That budget -- in this case, this year $5 million is the destination marketing budget, and it is in this plan that you approved last October. That amount of money for destination marketing came out of a series of meetings that we have every year, quarterly, and a summer meeting where we bring the whole tourism industry together and we put this plan together, and we then build what will it take to deliver that plan in dollars. That's tempered by what amount of money we see from the budget office that they're anticipating we're going to get in tourist tax revenue. So all of that is planned. That is not any vendor coming to us and Page 118 April 26, 2016 saying, we've got to spend $5 million this year. That is not how that works at all. There truly is not an incentive for the agency to do anything other than to stay within the budget that is approved by the County Commission. I just did a quick analysis here of last year -- I have this up on the screen now -- of showing you how much last year went through the advertising agency. The budget last year was $4 million for destination marketing. We had a stellar year in 2015. So we invested more dollars this year in finding more ways to be in the marketplace year round. That was a goal of the industry. Commissioner Hiller had a special committee that we worked on for almost two years to come up with a plan of, where do we need to be here in five years? How much will it take to be in the marketplace year round like our competitors were? And, honestly, we were in the marketplace five months a year. We weren't beginning to recognize the potential that we had. So last year that budget for paid media was a little over $3.1 million. And I want to point out that's a pass through. That -- all of that media is bought at net, at cost. There is no commission. The 10 percent that Commissioner Taylor mentioned is 10 percent of the total budget, not the media budget. So that pays for not just the media department doing all of the negotiating and buying and checking of media. It also pays for all the account service team, it pays for senior management. All of the things that, honestly, most other agencies would charge you an hourly fee for. Every time you pick up the phone and say to your account rep, we need this project, the clock starts ticking, and the money starts ticking. In this case, there is no -- there's no fee. There is no incentive for the ad agency to say we want to do this project over that project because it's going to get us more money. First of all, it's in the plan, and we don't deviate from that plan Page 119 April 26, 2016 much unless we have an emergency of some kind. And most of you have been through those discussions when we have come to you and said we think we need more dollars. So that's -- that was '15. Sixteen is much the same; the difference is we increased the destination marketing budget to 5 million this year, so the $500,000 is that monthly service fee, again, that covers all of the marketing -- the media, planning, buying, and all of that. They don't make any additional money on that. Production is another story. That is based on hourly rates that are in the contract. They are pre-negotiated in the contract for probably 25 different types of services that the destination marketing agency provides. Digital and social media posts. We all know how important social media is, and they're doing a big part. A little over $78,000 this year has gone into that. And the monthly service fee. If you add those three together, you see this year through six months of the fiscal year, 31.8 percent of the budget does go back to the agency. That's what they keep to pay for salaries and all the creative folks that are sitting there working on our account. But the lion's share of it is paid media that goes straight through them, and they earn nothing more on that. So that kind of gives you a breakdown of what the budget is. I also took a look at -- and I know this is a little hard to read, and a lot of statistics there. But I went back to 2003 all the way through '15 to see what our tourist development tax revenue was each of those years. I think it's important to look. First year that we started promoting this destination, when I came here and we started the tourism office, we were $8.6 million. Last year, $21.1 million. Yes, there was a tax increase of 1 percent in 2005. And you can see it took a while for that to take place, but by 2008 we were doing pretty well. Then the recession hit, the oil spill hit; took us a while to get Page 120 April 26, 2016 back, but we are really, I think, to use a sports metaphor, knocking it out of the park in terms of revenue. Number of visitors has also increased over that period of time, and visitor spending has more than doubled; 800 and -- $885 million that first year in 2003. We're now close to $2 billion in destination visitor spending. The number of jobs has also gone up. Goodness, we were about -- a little over 25,000 jobs in the hospitality and tourism industry. We're over 36,000. We've had 50 -- excuse me. We have had 63 straight month of job growth in Collier County. The Governor has recognized Collier County twice for that job growth. And I think we can be very proud that at least the hospitality and tourism helped that recognition from the Governor. And, finally, tax savings. And I've talked to you commissioners about this a number of times. But our residents really get a benefit from what we did in promoting this destination. We're $900 for homeowners in taxes they would have had to pay had we not had visitors coming to the area. The next couple of slides -- and I won't go through these in detail, but these are the detailed policies that we go through in the tourism department to check every single project that we do. Every job that the ad agency does for us, we -- if it's a production job, we create what we call a creative brief that tells the creative people what the target market is. What is the message we want to deliver? They, then, create those plans or those ads from that. Same thing for television and so forth. So there's a lot of internal controls that we do overseeing exactly what this agency does. It is not just whatever they want to do. It truly is directed by your county staff. I've shown you both media and production here. And then the invoicing part of it where we actually -- we see each and every invoice that goes to the Clerk's Office for payment because they scan Page 121 April 26, 2016 everything, and they send it back to us, and we have to look through that documentation to see, is this what we contracted with the agency to do? Is this what was in that estimate to provide us a destination marketing effort? These next couple of slides, you see every quarter. I just got these, so January through March of this year, and I just want to point out, the one in the lower right-hand corner is return on investment. That's the number of dollars that visitors who are attracted by our advertising spent in this destination as compared to how much we spent to get them here. It's a $101-to-1 return on investment. That's the spending we're getting from visitors. And you don't get that spending from just any type of visitor. We are a luxury destination. That's the reason we've done as well in the downturn of the economy and everything else that most of the visitors we get are not as affected by a downturn in the economy. They still come. And they are spending in great numbers. And you can look and see on the -- I think it's the next slide here, a lodging occupancy average daily rate. For March of this year, average daily rate in our hotels of$353.20. What that says is there's a tremendous demand for people to come here, and that demand doesn't get driven by people just saying, hey, let's go to Naples. We have to be constantly in the marketplace with our message saying why our potential visitors should come here versus Clearwater, St. Pete, or Orlando or Daytona or wherever it might be that -- places that we compete with every single month of the year. Okay. We talked about -- and Commissioner Taylor indicated that we did discuss the renewal of the contract with the TDC at the -- our March TDC meeting, and the impetus of that was, at the time, to rebid it, not to renew it. And the TDC instead said, we want to renew it for another two years, and we will review it again in another two years -- in two years. Page 122 April 26, 2016 Rick Medwedeff, who is the General Manager of the Marco Island Marriott, our largest hotel, our largest group hotel, indicates how important and what a great relationship he feels that the destination and the tourism has had with Paradise Advertising and Marketing. And you-all got this letter, so I won't read it. But it's really important to know that it's not just the low bid that's important. It's we have an image. We have a brand. Florida's paradise coast. Come discover your paradise. That quality luxury brand has got to be supported by the best-looking advertising you can possibly get, and you go out and you find the best people to deliver that. First of all, I think that our ad agency does that but, more importantly, they go out and find the best talent, and they do bid that out. In the case of this invoice that Commissioner Taylor is indicating, there were three photographers that bid on that, and the lowest bidder did get it. And, yes, he's from Miami and, yes, we have used him before because he's the best in the business, and why wouldn't we want to use the best in the business? And that particular photo shoot, along -- and we did video at the same time. One of the things this ad agency has done for a long time is they combine both the photography and the video together in the same shoot. So you use one set of models one time. You use one set of crew one time. You don't duplicate it. And most others companies would do that. They would do a photo shoot with a set of models and a photographer, and they'd go get a video company, and they'd bring more models in and do it again. What you lose is continuity, and you lose a lot of money because that just isn't practical to do two separate ones when you can do it together, and that's what they've been doing for years for us. So our recommendation to this board is to exercise the two-year renewal option in the contract with Paradise Advertising and Page 123 April 26, 2016 Marketing. As -- this was recommended by the -- 5-3 vote to do so by the Tourist Development Council. And this board has been very supportive of what your Tourist Development Council recommends in the past, and we hope that you would continue with that. I would like at this time, if it's all right with the chair, to ask Mr. Cedar Hames, the President of Paradise Advertising, to come up and make a short presentation as well, if that's acceptable. CHAIRMAN FIALA: Sure. COMMISSIONER HENNING: Is this on the issue? MR. OCHS: Yes. COMMISSIONER TAYLOR: See, we're not talking about the quality of the advertising agency. We're talking about the contract. MR. WERT: Yeah, very true. And let me specifically talk about the contract. The contract has two options in it. It can either be every job can be estimated on time and materials or lump sum. It is an "or" situation that the county can decide which they would like to do. Again, a meeting with -- and I believe it was the purchasing department with Crystal's -- most of her staff were there. We went through whether or not this process of lump sum would be acceptable, and the answer was yes, it was. And we began to follow that policy starting in March of last year. From March until November of last year, all of the production invoices were paid using the lump sum estimating and invoice process, which is a process that this board has supported. So all of a sudden in November they stopped. And there has really not, until yesterday, been a definitive reason why. COMMISSIONER HENNING: No. We're deviating from the item. CHAIRMAN FIALA: Commissioner -- MR. WERT: We don't want -- COMMISSIONER HENNING: Put it back on the agenda. Page 124 April 26, 2016 CHAIRMAN FIALA: Commissioner Henning, let him finish. MR. WERT: All right, fine. I'm sorry. The contract is what's being questioned, and I'm trying to answer -- MS. KINZEL: And, Commissioner Fiala, I have to respond to some of the things that are being put on the record, too. CHAIRMAN FIALA: One at a time. You can't keep interrupting. Let them -- MS. KINZEL: I didn't interrupt. I asked for your attention. CHAIRMAN FIALA: And then I'll -- I don't have a button for you, but if you want to go before everybody else, that's fine, too. I don't care. The way I have it listed right now is Nance, Henning, Hiller, and Taylor but, Crystal, I'll put you before them. But let us -- let him finish. We're talking about contracts. He's explaining contracts. And would you finish then, please. MR. WERT: Yes. COMMISSIONER HENNING: The item -- Madam Chair, the item is to whether to put it out to bid. That's the item on the agenda. It's not about payment on the contract. That's the only point. CHAIRMAN FIALA: No, it's -- COMMISSIONER HILLER: No. It's to terminate this contract. COMMISSIONER HENNING: Well, okay. It is to terminate this contract and go out to bid. It's not about -- it's not about payment. CHAIRMAN FIALA: Well, I want to hear what he has to say. Go ahead. MR. WERT: Thank you, Madam Chair. The contract was acceptable using the lump sum format, and so that's what has been -- has been followed. The issue here is whether or not this contract should be rebid, but it's being presented in the format that this vendor has somehow done something wrong. And I think that that needs to be heard, and I think Page 125 April 26, 2016 -- I alone can't -- I can talk to you about the contract, but what the agency has done in support of that contract that they signed, as well as the County Commission signs, how they have followed that contract. And that is the issue, because the executive summary clearly says this agency has not followed the contract or they've done something that is costing the taxpayers of Collier County more than they should, and I think it's very important. COMMISSIONER TAYLOR: And as I wrote that executive summary, would you please point that out? That's a supposition on your part that's not on the -- MR. WERT: No. It is in the executive summary. COMMISSIONER TAYLOR: Show me. MR. WERT: Okay. COMMISSIONER TAYLOR: This is about the contract, not about how it's followed. This is about the contract, sir, the way it's been written, and way it's been -- and it allows what I stated in the executive summary to happen because of the way it's written. Rewrite the contract; it won't happen. MR. WERT: The contract is in compliance with the RFP, and the contract is in compliance with every -- COMMISSIONER TAYLOR: Oh, there's no question. MR. WERT: -- other service -- COMMISSIONER TAYLOR: Mr. Wert, you're very defensive. MR. WERT: I'm telling you what the facts are. COMMISSIONER TAYLOR: I'm not saying -- I know Commissioner Hiller questioned it -- your -- the contract several years ago. I know there was a question whether it followed the RFP. Please don't mix this up. That's not what I'm saying. What I'm saying is the contract as written is probably not the best contract that we could have going forward because I don't care who the vendor is, I don't care if it's an agency out of New York City, an Page 126 April 26, 2016 agency that's based in Sarasota, an agency that's based in Miami. I don't care. I don't care if it's roads. I don't care if it's pickles. I don't care if it's athletics. When you base a fee an agency fee gets on the size of the budget, there is no incentive to keep costs down. That simple. MR. WERT: I beg your pardon. That is not the case, ma'am. COMMISSIONER TAYLOR: The more you make -- MR. WERT: That is not the case. COMMISSIONER TAYLOR: -- the more budget you -- MR. WERT: It is not their budget; it's our budget. It is not their budget. Honestly, it's not. They don't decide. COMMISSIONER TAYLOR: That's what I'm saying. That's the budget. But you submit the budget. We don't -- we do not sit up here as five people. MR. WERT: And you approved it. COMMISSIONER TAYLOR: And there is no question, sir -- please don't be so defensive. There is no question that we approved the budget. There is no question. There's no question that it was legally approved, the contract. I'm just looking at this contract saying this is probably not the best we could do in Collier County. There's probably other ways to even get more quotes available for local -- local businesses. There's probably another way to write this contract so it's what -- whoever the contractor is, whoever that contractor is. The more money that they budget, the more money they make. I know there's another way of doing this. CHAIRMAN FIALA: You know, but Commissioner Taylor -- MR. WERT: They did not budget it. CHAIRMAN FIALA: -- you're trying to suggest that they changed the way they do business. And I know you're next, really. I know you're next, and I shouldn't be answering this. Page 127 April 26, 2016 But if-- if it's successful and they're making more money than we've ever made, why would you want to change it? But I'm going to stop there. Go ahead. Commissioner Nance is going to jump off his chair, so go ahead. COMMISSIONER NANCE: No. I want to tell you something here. Let's talk a little bit about somebody who worked all my life in operations, okay. I was paid to produce widgets at the cheapest per unit cost I could possibly do it. I needed to get as many of them as I could as cheap as I could. Nobody that works in operations ever has anything good to say about anybody in sales and marketing because sales and marketing is always the flashy part of the business, okay. But, you know what, you absolutely have to have superior performance in sales and marketing. Sales and marketing is a cost center. It's not a savings center. You never enter into sales and marketing with the idea that you're going to save money doing it. You enter into it with the idea that you're going to get the most bang for the buck out of monies that you're dedicating to that purpose. The Board of County Commissioners endorsed by the TDC decided to dedicate $5 million to this endeavor. They didn't say, go out and put together the cheapest marketing program you can come up with. No. We said we wanted to spend $5 million, and we wanted to procure a professional to go out and use all his skills to spend that money wisely in a program over a period of time that was going to generate results, okay? This decision needs to be made on results only. It's not to be made on whether you like the style of the person that's doing it. You want somebody to help you make money? You go get the best. We're in an upper-end business. We want the best. We want to be as flashy and as professional as we can possibly be. We don't want Page 128 April 26, 2016 to employ locals. We don't want to save money. We don't want to save nickels and dimes on meals. What we want to do is we want to look at these statistics at the end of the day, and we want to see what we're getting for our $5 million. This whole nonsense is typical BS coming out of this clerk. We're sitting here and we're saying, this gentleman has done an outstanding job. Everybody likes his results who gets superior results. I only saw one year in those statistics when we had a reduction in year-over-year dollars spent in the middle of a recession. That was 2009. That is extraordinary. For us to be saying we need to terminate our relationship with this man because somebody doesn't like the format of the contract that we've got with him at this time is the most preposterous BS I've ever heard in my life. And anybody that tells me any different is crazy. We have to look at results. Results are all that counts here. You're not getting -- you're not getting anything back for any style points or any credit. This is nonsense. This is a cost center. We're dedicating monies. We're spending money to make money, and we're making $101 for every dollar we spend. This is the most ridiculous conversation I've ever heard of in my life, excuse me. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: May I respond to that? I was called crazy. I was -- it was a direct -- CHAIRMAN FIALA: Commissioner Henning's next, then Hiller, then you. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Just add -- you know, just write down what you want to do -- what you want to say. COMMISSIONER TAYLOR: Thank you. Page 129 April 26, 2016 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Okay. Reading this contract, it commences, it started in 2014. And it has two two-year renewals? MR. WERT: Correct. COMMISSIONER HENNING: So that's 2018, right? MR. WERT: Correct. COMMISSIONER HENNING: Okay. Well, yeah. You don't -- you don't want to -- the marketing dollars is all about how much money you spend. It's not how much money you don't spend. And, quite frankly, by the results of the spending is more money for things like beaches and -- MR. WERT: Yes, sir. COMMISSIONER HENNING: -- other things. And I just want to stay on the contract. I mean, to get off on other tangents is not productive at all. But Cedar has decided to put an office here in Naples. MR. WERT: Correct. COMMISSIONER HENNING: So he is and has been a local. MR. WERT: Yes, sir. COMMISSIONER HENNING: How many employees does he have in that office? MR. WERT: Three full-time. COMMISSIONER HENNING: Three full-time employees. And out of the $5 million, he makes 10 percent, approximately half a million dollars. MR. WERT: That pays for those positions. COMMISSIONER HENNING: So the overhead -- I don't know. I can only guess what the overhead costs are. I don't see where he's making an exorbitant amount of money under this contract, quite frankly. I'm not -- I don't see that as a particular problem. As far as -- as far as travel expense or per diem expenses, what would that include? Page 130 April 26, 2016 MR. WERT: It is true that we don't use a per diem method for -- COMMISSIONER HENNING: We -- yeah. MR. WERT: We use the Florida Statute 125.0104 which authorizes us actual expenses. So actual expenses are what both our staff and our contractors who are also helping us to promote the destination are under. So actual expenses -- and they have to estimate those ahead of time just like any other production job. If they are traveling anywhere in the state, we've never been charged for travel from their office down to -- COMMISSIONER HENNING: So, Jack, what are you seeing per year on travel? MR. WERT: Very little. Very little. They do very little travel for us. They do maybe two photo shoots a year, and they do -- we also do some out-of-market travel to do focus groups. So we did one in New York -- excuse me, Boston and one in Chicago this last year. Well, the agency goes along to listen to what our customers are saying. And, in fact, boy, that really paid off, because we actually made some on-the-fly changes to our spring campaign based on what we were hearing and the winter campaign as well. Just some things that people said about, I like this look or this feel or that photography better than something else. And it was really helpful. So they were there, but that's the extent of it. COMMISSIONER HENNING: What I don't like about the contract -- and the 10 percent on the total marketing dollar, I -- you know -- and what we get back or what is invested in Collier with an office here, I don't have a problem with that. Again, I won't repeat myself. But how much are we spending on travel per year? MR. WERT: I don't have that -- well, the majority of travel for our budget is our staff travel. It's not the agency at all. Page 131 April 26, 2016 COMMISSIONER HENNING: No, the agency. I mean, in the contract for the agency is a travel expense. MR. WERT: I don't think so. COMMISSIONER HENNING: No. There's just 10 percent? MR. WERT: No. MR. OCHS: Commissioners, it's referenced in the contract. And we'll remind the Board that as far back as, I believe, two thousand and -- oh, let me see here. MR. WERT: I've got it up here, if you -- MR. OCHS: Do you, Jack? MR. WERT: I've got it. MR. OCHS: 2006 the Board adopted a separate resolution approving policy for funds for travel expenses for persons conducting official tourism business, and it acknowledged the fact that this was different than our regular reimbursement schedule. COMMISSIONER HENNING: Right. I know that about staff MR. OCHS: Correct. COMMISSIONER HENNING: But is there any reimbursement for travel in this contract? MR. WERT: Yes, there is. COMMISSIONER HENNING: Okay. MR. WERT: It's Item 4, I guess. COMMISSIONER HENNING: But you don't recall -- MR. WERT: 4.4, and it specifically talks about travel and reimbursement expenses must be approved in advance in writing by the county. Travel expenses shall be reimbursed in accordance with Collier County Resolution 2006-40, Florida Statute 125.0104. And any trips within Collier County and Lee County by account service, media, data entry, account billing, clerical, are expressly excluded. Any trips to and from and within Collier County and Lee County by the creative department will be reimbursed in accordance with Exhibit Page 132 April 26, 2016 A, rate schedule, and must be approved in advance in the writing -- in writing by the county. COMMISSIONER HENNING: Okay. MR. WERT: So that -- those expenses were contemplated, and they must be estimated and can't be in excess of what the approved budget for the year is. COMMISSIONER HENNING: Well -- so you just don't recall on what -- MR. WERT: I don't have the figure exactly for that. COMMISSIONER HENNING: You don't have to try to answer that, then, if you don't have it. MR. WERT: I don't have it. COMMISSIONER HENNING: But unless something jumps out at me, I'd say let's wait till 2018 when the contract is expired anyways. MR. WERT: Has another renewal, yeah. COMMISSIONER HENNING: But we are -- Commissioner Taylor did bring up a good point. When the original contract was -- went out to bid, it was 2 million -- approximately $2 million. You were told that's what we're going to have in advertising budget. Well, now it has doubled -- MR. WERT: Uh-huh. COMMISSIONER HENNING: -- from that. So you may get a bigger net of firms to bid on that but, you know, the proof is we have been getting our bang for the buck. When you create employment, create monies for other projects for beaches, museums and so on and so forth, I don't, at this time, see any reason to change. MR. OCHS: Sir, and this did go out in 2014 for competitive -- COMMISSIONER HENNING: Yeah. MR. OCHS: -- re-solicitation, and we did get multiple proposals. CHAIRMAN FIALA: Bless you. Okay. Page 133 April 26, 2016 COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: That was good. Commissioner Taylor? COMMISSIONER TAYLOR: Oh, is it me? I think it's Commissioner Hiller next. CHAIRMAN FIALA: Oh, okay. COMMISSIONER HILLER: It doesn't matter. CHAIRMAN FIALA: She said it doesn't make any difference. Go ahead. I'm sorry. You're right. COMMISSIONER TAYLOR: No, no. That's quite all right. I think -- I think it's probably -- and I say this respectfully in that true sense of the word "ignorance" -- and I don't mean that in a negative way. I mean just lack of knowledge of the industry to say that the quality's in Miami and not locally and that somehow if we hire local we're doing less and we're not doing as good. That's kind of saying that we need to buy our tomatoes from Mexico because they're prettier than the ones in Florida, and I don't think we'd want to say that. I know -- I can count heads. I know the way this is going. I think -- I will say that I think this contract should be rewritten. I would welcome Paradise bidding on it again. I don't see -- I don't see any loss in doing it, I really don't. I think it needs to be written so that the more -- the higher the budget, the more the contractor makes. There's no incentive to hold costs down. And I don't mean go the cheap way. I mean hold costs down. I mean, we are requiring every department in this government to keep -- to have a ceiling on their costs. And marketing is expensive, but let's remember the numbers that we saw on this screen. Are we discounting the fact that Arthrex brings 12 books -- buys 12,371 rooms last year? That Arthrex alone brought 7,000 visitors here? Are we discounting the marketing that the Ritz Page 134 April 26, 2016 does and the Marriott does and the Hilton does? Are we discounting all of that? Yes, I am not saying that our -- we should be proud of our program. We're doing it, but we aren't the only ones. This has been a very important group effort. But, in closing, I'm going to say this: I was probably nine months into this job when the County Clerk sued the County Manager, and I was warned by folks much smarter than me, folks that went through the last suit, that, watch out because this suit, this disagreement, will color every part of county government and of the way people look at doing business. It was even suggested to me by a long-time watcher of county government that if this issue of the contract came up five years ago, it would be five zip to rebid it. There wouldn't be a problem. But even my colleague to my left brought in the Clerk. I mean, I'm looking. Where did I write about the Clerk? Am I the only one, the odd duck here that believes that we can do business in a rational, logical way without subterfuge? Without political overtones that -- it's so destructive. It's a cancer that has seeped into every part of what we do as policymakers, and it makes me very, very sad. And I don't know what the solution is. The only thing that I would ask my colleagues is to take -- to understand that this seems to be an extremely bitter and a highly destructive dispute, and I would hope that we can take a step back sometimes and look at it in a logical fashion. This is about a contract that I feel is wrongly written, and we have an opportunity to rewrite it. I would welcome and hope that Paradise comes and bids. I would expect them to and, frankly, they have such an upper edge because they have such a great program. I don't worry about them coming back here. What I worry about is what we do going forward as policymakers when everything that we do has to do Page 135 April 26, 2016 with the background of the Clerk versus the County Manager, and shame on us. CHAIRMAN FIALA: Crystal, being that she's talking about contracts, and you had wanted to talk before -- and I just asked Mr -- Commissioner Hiller if she wouldn't mind if I put you first, so... MS. KINZEL: The commissioners can go first. I'll wait my turn. Thank you. CHAIRMAN FIALA: Well, we're talking about contract. Go ahead. MS. KINZEL: Let her go ahead. COMMISSIONER HILLER: Let her respond. CHAIRMAN FIALA: She just said let you go ahead. COMMISSIONER HENNING: Motion to deny or not approve. Motion to -- COMMISSIONER HILLER: No. We're still in discussion. I'm sorry, Commissioner Henning. MS. KINZEL: I just wanted to put on the record, Commissioner Fiala, you know, it amazes me and it -- and I have to say with Commissioner Taylor's comments, there should be a sense of rational and reasonable discussion on business items. The Clerk's Office nor I write the county's contracts. I can certainly assure you that I would not propose nor promote a contract that allows lump sum with the comment in the contract that no backup is required to support the costs within those contracts. I believe that all of the costs need to be supported in some manner. There is an appropriate way to do a lump sum agreement, and there is an appropriate way to do time and materials agreements. On the record yesterday Mr. Hames even indicated he was giving us the backup. County staff told him, you don't need to do that anymore. I have minutes of the meetings. Yes, we try to work with county Page 136 April 26, 2016 staff. I go to a lot of meetings, but I can assure you I would never have agreed that they can do a one-line invoice with absolutely no backup or support for the time. We have brought to this board, numerous occasion, one of the most recent within the last year and a half there was a 19 -- over $19,000 overbilling and unsubstantiated costs from a Paradise project. They couldn't find the wardrobe. We bought them cameras. We couldn't find them. There were questions regarding the Paradise invoicing, and we brought a presentation to this board. The consequence was we did not pay over $19,000 because we had reviewed that backup. The solution seems to be, we will now write contracts that requires no backup, and the Clerk can't get the backup. I can assure you, we will be still looking for substantiating evidence and materials in order to make the payments. There are appropriate constructs of the contract, and that's what we audit to. But to simply do a blanket lump sum where an invoice of any amount of money can be submitted for payment without supporting evidence -- you know, on the one hand we're criticized, oh, you should ask for more evidence, and then this one, we get the contract that says no evidence is required. Just pay the bills. I could go over each and every item that's been brought before this board, and maybe that's what we need to do, so that we put agenda items on that we can really vet some of the issues that we're seeing with these invoices. But this discussion wasn't about the Clerk's Office. It didn't have anything on there. We're obviously embedded in it. The same thing happened yesterday at the Tourism Council. We weren't made aware of any of the agenda items. I heard what was going on. The Clerk's getting bashed in the public forum. I think it's only fair that we come down and articulate our position. Page 137 April 26, 2016 And I'll be glad to go over any invoice that we have either paid or not paid to go over with you the justification in that regard. The contract decision is your decision. The renewal -- to renew a contract is obviously this board's decision. It is not the Clerk's decision. But to have accusations like I helped them write the contract or something and to have you misled in that regard somewhat offends me professionally. MR. OCHS: May we? CHAIRMAN FIALA: Yes. MR. OCHS: I'm going to ask Ms. Markiewicz just to fill in a little bit of the detail for you. MS. MARKIEWICZ: Joanne Markiewicz, Collier County Procurement Director. In early 2014 there were a number of discussions between the Clerk's Office, the procurement office, and Paradise Advertising, along with the tourism department. When we began to put the solicitation together, when all the proposals came in, we sent out an agenda notice to Ms. Kinzel and a number of her staff members on August 7, 2014, which included a copy of the draft contract, the solicitation. We offered to present them with Paradise Advertising's proposal. And on August 12th -- and Leo is going to be putting up minutes of that meeting -- you'll see that, I think, three or four members from the Clerk's staff attended. And we specifically talked about the RFP, we talked about the review by the selection committee, and we talked about the major points in the contract, including lump sum versus time and material. We asked the Clerk to weigh in on any issues with lump sum or time and material. Nothing became apparent at that time. We proceeded with the final contract review of the County Attorney, and Page 138 April 26, 2016 we offered that up to you in September of 2014. Beyond that, there are invoices that jobs were quoted out as lump sum and, in fact, were paid lump sum by the Clerk's Office with documentation that included the invoice, the signed off quote from the tourism director, and there were emails attached along with the final product that was given, and I have information that documents that the Clerk, in fact, did pay that within a three- or four-week period of time. CHAIRMAN FIALA: Crystal, do you want to reply to that? MS. KINZEL: Commissioner Fiala, we've indicated numerous times on the record. Now, the first thing is, we attend a meeting and we have a discussion, and no objection became apparent. I don't know. My philosophy is, I think, pretty broadly known with everyone in the county. I would never suggest that we have less, little, or no backup supporting documentation to pay an invoice. Now, in regard to paying lump sum invoices, sure, some lump sum invoices are appropriate. Some may have been processed based on Mr. Wert's -- put forth the evidence and approval. But when we then go back and audit or when we have had an indication that there might be a weakness in the supporting documentation, we ask, then, for some backup and substantive information. On the lump sum, the original agreement -- and Jack stated it on the record yesterday in the tourism item that he was receiving detailed time and material quotes to determine the lump sum. We've not had those forthcoming. Those are why the invoices haven't been paid. That was part of the agreement on a lump sum, that the quotes had to be based at least on the contractual rates included in the contract. You can't just say, oh, 13,000 for this. What's the basis? And particularly when you have just the project director involved with the contract making those determinations and signing off and approving Page 139 April 26, 2016 what you're submitting. There needs to be additional controls, and part of those controls is that we will go back and we will ask for additional evidence. They don't want to provide it. We've asked Jack -- I showed on the screen, all of my accounts payable clerks send back to the tourism staff and say, we need to see some more backup. We need to see some more backup. If it's not forthcoming, we don't process those invoices. We've rejected them telling them we would like additional information provided. So, you know, to stand and say we were in a meeting and some of my staff was in a meeting and nothing became apparent on the contract, so that means the Clerk's Office has blessed forevermore any payment that is produced to us is ridiculous. It's ridiculous accounting. It is ridiculous auditing procedures and would not seem to be something that we would want to be doing for the taxpayers. I appreciate quality and what you determine. We don't determine that at the Clerk's Office. But when you sign a contract for certain expectations and things to transpire, we then have to follow up and try to monitor those costs accordingly, and that's what we do as the Clerk's Office. MR. OCHS: Madam Chair, just briefly. CHAIRMAN FIALA: We're not going anyplace. MR. OCHS: You know, the meetings aside, but the fact is that if you submit an invoice for a lump sum payment per the contract requirement for lump sum and that payment is processed and disbursed for a period of several months, yes, there's some reliance by the staff that apparently that is a proper invoice. Now, when that stops at a certain point in time with no explanation other than we've changed our requirement, our criteria, that's not good enough. Page 140 April 26, 2016 MS. KINZEL: Okay. And, Leo, it also came on the record yesterday that Mr. Hames had provided far more detail for 12-and-a-half years. But under this contract, county staff has repeatedly told them, you don't have to provide that anymore. You don't have to do that anymore. So who has changed the construct of how we are doing business? Your contracts have changed. Over the course of this -- MR. OCHS: Correct. MS. KINZEL: -- business, they are changing. They are becoming more ambiguous, requiring less documentation, and that is a control concern that any auditor any/or elected official should have. MR. OCHS: Well, we would have like to have seen you point that out when we gave you an opportunity to review the contract. I mean, the contract is the contract. MS. KINZEL: Leo, the Clerk's role is not to approve your contracts nor review them. You have ample staff and legal counsel to review your agreements. We have worked and worked and worked with you for hundreds and hundreds of hours, and we have articulated these concerns over and over. You still issue the contracts the way you choose to issue them. The Clerk will continue to audit as we see necessary. MR. OCHS: Audit? These are the kinds of things that we rely on. This is the SAP system. I'll ask Joanne to point out what's what in here, but -- MS. MARKIEWICZ: Where Leo has the pointer, I would point out there's a reference to the bid number, BCC approved 9/9/14, Item 11C, lump sum, which did not exceed quote, audit completed, and that's a comment made by the accounts payable staff. MS. KINZEL: And, Commissioners, we're not denying that we have never paid a lump sum invoice. What we are saying is even with Page 141 April 26, 2016 a lump sum invoice, you should be able to produce the backup and supporting if, in fact, then you're subsequently audited. There had to have been some basis for Jack to have approved these estimates. What we're getting is a one-line estimate for whatever amount of money, and the invoice comes in, and it's got the same amount in the line item with no justification about what was actually done. And we're asking, what did you approve, Jack? MR. OCHS: You're asking as part of what kind of an audit? MS. KINZEL: An audit of the expenditure, because we're looking for substantial documentation that complies with the contract rates. MR. OCHS: So that's a pre-audit? MS. KINZEL: Leo, quite frankly, pre-audit, post audit, whatever the audit. The Clerk's role is to audit the expenditure before it's made and to do follow-up audits as necessary. MR. OCHS: Yes, ma'am. MS. KINZEL: So that's already been determined. MR. OCHS: But you paid on a lump sum for several months, then stopped based on what I'm hearing now, is some audit requirement that's part of the payment audit process. You can't have it both ways. MS. KINZEL: Leo, it's not both ways. It's one audit process. You audit an individual item, but that doesn't mean that you can't go back once you've identified something of a concern -- MR. OCHS: Okay. MS. KINZEL: -- and look at the totality of what's been submitted. That's an ordinary audit. MR. OCHS: A post payment audit, essentially? MS. KINZEL: You can do either, pre or post-payment audit. That's why you have an internal audit function. That is why you have the general accounts payable clerks auditing within our department. Page 142 April 26, 2016 There's not really a differentiation in the Clerk's role to try to determine that the payments going out the door remain legal. MR. OCHS: Okay. So the testing in March is different than the testing in November for the same -- the same work order, same lump sum purchase? MS. KINZEL: Leo, we process 100,000 invoices plus-or-minus every single year. Every single invoice we review for different things. Mostly compliance to the contract, board approval, determination of valid public purpose. All of those things that are outlined in law, okay. We might have a different clerk looking. She might see, wait a minute. They've billed for that before. So we might go back and say, wait a minute. We've looked at that and seen that before. Yes, our audit procedures will change based on the documents presented before us. It's not a checklist. MR. OCHS: Interesting. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Well, this has been a very interesting discussion. CHAIRMAN FIALA: I think we lost Commissioner Henning. COMMISSIONER HILLER: Yeah. The Board of County Commissioners received goods and services, and by goods I mean we received -- and let's just call it services. We received the advertising that we bargained for. And because of the Clerk's, quote, extended audits, this vendor now has been deprived of 432,000 in payments, not including the invoice that will be coming forward this month, which I'm sure will take us over a half a million dollars, that relates to, what, 120 or -- about 122 invoices that have been held up since November on this contract. Now, from March of 2015 to November of 2015, the Clerk's Office paid all the invoices that were submitted by this vendor with the same underlying evidence that was submitted by this vendor after Page 143 April 26, 2016 November. But, for whatever reason, the Clerk's Office decided that while they felt they were justified in making payments with the information that they received as backup between March and November, suddenly they felt that same information became inadequate after the month of November. That's of very, very serious concern, particularly when you have other companies that are providing similar type services paid with TDC dollars in the same way as this contract is being paid for, specifically Paradise Reef. Paradise Reef, another company, no relationship to Paradise Advertising, submits an invoice for somewhere between 120-, 130,000, and they said that it was going to cost in the -- their initial quote they said it was going to cost that amount of money to produce, you know, so many minutes of film. They delivered the film. The film was accepted by staff. And then they presented an invoice that said 130,000 for, you know, the film produced, and the Clerk's Office paid it. And the Clerk's Office didn't ask for underlying evidence of hours spent or materials purchased or anything like that and, yet, with Paradise Advertising since November, now the standard of review is different. And I will tell you, I have spoken to the Clerk about Paradise Advertising going back a number of years, and the Clerk and Crystal did everything in their power to convince me that Paradise Advertising was an organization that should be doubted, that -- you know, I wouldn't go as far as saying, you know, they wanted to suggest to me that Paradise Advertising was dishonest in their billings and in the work that they were doing. And I listened to them, and I brought it forward to the Board. And when I brought it forward to the Board, the Board listened. They didn't do anything, and I proceeded to go to the Clerk's Office and even brought them an expert in the local community to assist them in Page 144 April 26, 2016 reviewing these allegedly suspect invoices. And this is going back in 2011. Now, I will submit to you that between 2011 and today, which is five years later in 2016, the Clerk of Court has not been able to establish, notwithstanding all the audits that they have subjected this company to, with any proof that this company has engaged in any wrongdoing. And they have subjected this company to audit after audit after audit after audit. How many audits have they been subjected to this year? MR. OCHS: I know there's three in the last four years or -- three or four. COMMISSIONER HILLER: Now, the Clerk's ability to audit is limited. He is limited by the Supreme Court case known as Alachua. And the scope of his audit is to test strictly for legality which goes to three issues: To test to determine that the amount of money that is going to be spent for that particular expenditure is budgeted for; to ensure that the item was procured according to local law or according to state law, whichever applies; and to ensure that the money is being spent for a public purpose, not a valid public purpose. The validity of the public purpose is set -- is determined by the Board, not by the Clerk. That's it. And, yes, he tests before we approve for payment. That's the pre- audit function. And, yes, he can do subsequent events testing after the payment is made to ensure that his preliminary conclusions were valid, but that's it. That's the scope of his testing. He's not empowered to do operational audits. He's not empowered to do fraud audits. He's not empowered to violate the Prompt Payment Act and hold up what comes before the Board with his recommendation with approval or denial of an invoice that's submitted to payment forever and ever and ever. He can't do that. He can't use his, quote, internal audits to violate the Prompt Payment Act. Page 145 April 26, 2016 And I will submit to you that on this particular vendor and this particular instance involving this half a million dollars that hasn't been paid, I assure you he has not been following the Prompt Payment Act, and I assure you he has not been testing strictly to legality, which is the only objective, according to the Supreme Court, that he can test to. Did he submit a notice to you within 10 days of receiving the invoice as to, in the case of these 120-plus invoices, that he identified specific deficiencies and that these were the specific documents for the cure to cure those deficiencies? Did you ever receive written notice within 10 days so you could turn it around to the vendor and do that? MR. WERT: For the record, Jack Wert, tourism director. The invoices that have been rejected for payment, we received a -- and Crystal brought some evidence of those messages yesterday in the payment system back to us. The -- some result of what those messages are, we need more backup. Not specific as to what specifically they're looking for. COMMISSIONER HILLER: Right. MR. WERT: So we answer back, you know, the contract indicates that this particular vendor is under a lump sum agreement and, therefore, we have provided all that the contract requires, and then no answer back or an answer back with -- COMMISSIONER HILLER: So they're not following the Prompt Payment Act? MR. WERT: They are not being specific as to what they need. COMMISSIONER HILLER: Okay. So the Prompt Payment Act is very clear, and we spoke about this at the last meeting. MS. KINZEL: Commissioner Fiala? COMMISSIONER HILLER: I'm speaking now. I'm sorry. The Prompt Payment Act says, define specifically what the deficiency is. Define specifically what the vendor has to provide to cure that deficiency, period. Page 146 April 26, 2016 The vendor has to know exactly what they are being accused of, and they have to have the opportunity to present the documentary evidence, or whatever type of evidence is necessary, to satisfy whatever is identified as the problem. I mean, that's what the law says. I'm not making this up. So we have a vendor right now who is out a half a million dollars. The Prompt Payment Act has been violated, very clearly, and we have disparate standards for disparate vendors on identical fact patterns. Paradise Advertising, Paradise Reef. Paradise Advertising now, all of a sudden, notwithstanding that they were paid with Underlying Evidence A, is now being required to provide Underlying Evidence B, notwithstanding that the contract hasn't changed, and Paradise Reef only has to provide evidence at Level A with the same type of contract. MS. KINZEL: That's incorrect. COMMISSIONER HILLER: With the same type of service for -- paid from the same source of funds. I mean, this makes no sense at all. My concern is we're here talking about this contract and whether or not it should be rewritten or put back out to bid. And what I'm telling you is we have a problem with this contract, and that is we are in breach, and we're in breach because of what the Clerk is doing. And I'm not sure what we as a board do under the circumstances when we have a vendor who is going to go into bankruptcy because the Clerk will not advance the information to the Board with specificity to allow us to determine whether or not we should approve or deny payment -- CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: -- because he's got these ongoing audits that, again, I don't know under what legal basis he's acting, but they're basically starting in November and just going on and on and on. MS. KINZEL: Commissioner Fiala, could I respond, please? Page 147 April 26, 2016 COMMISSIONER HILLER: No. I'd like to speak to the County Attorney. County Attorney, what do we do? We have a duty as a board. How do we act? MR. KLATZKOW: What is it that you want to do? COMMISSIONER HILLER: We have to do what is legally correct. I mean, if this vendor has performed, if it is a fixed-price contract, this vendor has to be paid. But how do we proceed in light of the fact that the Clerk, you know, refuses to come forward with a conclusion on his pre-audit? I mean, he could hold a vendor hostage forever under the circumstances. That's why you have the dispute resolution process under the Prompt Payment Act which has clearly not been in place as it should be. MS. KINZEL: Commissioner Fiala, I really need to put something on the record. As we discussed yesterday -- COMMISSIONER HILLER: No, no. Commissioner -- MR. KLATZKOW: Crystal, Crystal, Crystal, please. COMMISSIONER HILLER: Commissioner Fiala, she can wait. MR. KLATZKOW: I know you're up on the dais, but you're not a commissioner. COMMISSIONER HILLER: That's correct. MR. KLATZKOW: Okay. Let me just bring this in a little bit, if you don't mind. Okay. The executive summary is to -- whether or not to rebid this contract. That's all, really, we're deciding up here, all right. And we've gotten off on a different type of discussion. If what you're asking me is whether or not the Board wishes to compel the Clerk to make payment, all right, I would suggest bringing back an executive summary at the next meeting on that issue. The Board can decide whether or not they want to direct the County Page 148 April 26, 2016 Attorney to bring suit. But that would have to be a separate executive summary for the next meeting. COMMISSIONER HILLER: I mean, how do you we -- CHAIRMAN FIALA: So, actually, we have two subjects, whether we want to approve Commissioner Taylor's recommendation to send this out for bids -- MR. KLATZKOW: Yeah. And that's the only thing in front of you right now. CHAIRMAN FIALA: Pardon me? MR. KLATZKOW: And that's the only issue in front of you. CHAIRMAN FIALA: That's right. And then the second one is because -- that nobody has paid this gentleman even though he's worked -- done all of our work, and we're benefiting by him right now, so we have to ask the Clerk, then, to pay him. But then if the Clerk doesn't then -- MR. KLATZKOW: You can ask the Clerk from here to sundown. It's not going to -- CHAIRMAN FIALA: I know. MR. KLATZKOW: I mean, the Clerk -- well, the Clerk has his reasons, whatever they might be, okay. If you're asking me what this board can do as far as compelling the Clerk, you can't do anything other -- other than a court can do it. And if you're asking me to commence suit, then you're going to need a separate executive summary to come up at a future board meeting so that we can have a publicly noticed discussion on this. CHAIRMAN FIALA: Okay. Let's just break that apart. Now, you're finished now. We've talked to the attorney. And, by the way -- and then we'll talk with Crystal, and then we're going to start voting on this. COMMISSIONER TAYLOR: Okay. COMMISSIONER HILLER: I'd like to make a motion. Page 149 April 26, 2016 CHAIRMAN FIALA: Oh, we have one speaker also. COMMISSIONER TAYLOR: And I have -- I have -- my light's on. CHAIRMAN FIALA: Well, okay. Wait, wait, wait. First Crystal. COMMISSIONER TAYLOR: Okay. MS. KINZEL: Commissioner Fiala, thank you. I think that this really does seem to go south every time it maybe becomes political. At the end of the meeting yesterday with the tourism department -- we have already been in contact with Mr. Hames' attorney. His attorney was in contact with us. At the end of the meeting yesterday, we mutually agreed to meet with them, including their office, our office, go over each of the outstanding invoices, and resolve them right away. We've already put forth that effort. I believe we had agreement from Mr. Hames we would either go to St. Petersburg -- we will do what we need to do to meet with him to resolve these items. We have been communicating back to the department, and -- all along the way. This did not just happen this month. And I can assure you a couple of things. Number one, the two contracts that the -- Commissioner Hiller has indicated are exactly the same situation, they are not. The Reef contract is a different construct than the contract with Paradise. So a lot of information is getting put on the record that is either inaccurate or incorrect. We believe that we did have an agreement with Paradise as of the end of the tourism meeting yesterday to get together. His attorney has talked to our attorneys. We are working on resolution of the outstanding items. And so we have moved forward. We do have a method to clear this up, and we believe that talking vendor to the Clerk, perhaps, we Page 150 April 26, 2016 can resolve these a little more expeditiously in the future. CHAIRMAN FIALA: So, Crystal, if they can get together with you almost immediately -- MS. KINZEL: Yes. We indicated the end of this week. Absolutely. CHAIRMAN FIALA: -- and resolve this right away, you will definitely pay this, right? MS. KINZEL: Right. If we can get the backup, we're going to work with them to do that. CHAIRMAN FIALA: Excuse me. Let me just finish. And if you don't pay it, if you find some other reason not to, then you're going to get right back to us? I mean, we have to know -- this man who is -- who is making us money while we're sitting here, by the way, because of the ads he's put in there, we've got to get him paid, Crystal, and we can't just keep putting it off and putting it off. And I think we all need to -- you know, we need to get together and get this thing done. It's a shame that somebody has to be sacrificed and we have to go through this anymore. And, by the way, when you finish this meeting with Mr. Hames, I want to make sure that from here on in whatever contract is put in his hands and your hands is approved and we move forward. We do not need to do this again. MS. KINZEL: We agree with you, Commissioner Fiala. CHAIRMAN FIALA: Excuse me. Everybody understand? We need to -- MR. OCHS: No. CHAIRMAN FIALA: We cannot go this way anymore. MR. OCHS: Yeah, I understand that. CHAIRMAN FIALA: Right. COMMISSIONER HILLER: That is what our -- MR. OCHS: But understand this is your contract with your Page 151 April 26, 2016 vendor, not the Clerk's contract -- CHAIRMAN FIALA: I understand that. MR. OCHS: -- with your vendor. You have in front of you on the visualizer what's required for him to get paid under the lump sum invoice process. He's completely complied with that, and he has not been paid. Now, I know that the Clerk's Office would like additional information, and there's different standards, apparently, for different times of the year, but this is the requirement in your contract. MS. KINZEL: My question would be, Leo, do you want to resolve this or don't you? Because we came up with an agreeable methodology to get them paid to the satisfaction of the Clerk, and I thought the vendor indicated that at the meeting, or are you looking for additional litigation? I'm really not sure where you're heading. If the vendor's agreed to work with us and we've agreed to work with them, where is the issue now? MR. OCHS: Because the contract is between the vendor and the Board, and the Board has specified the payment methodology in the contract. The contractor has satisfied that. For some reason your office doesn't find that acceptable. That's a problem. We don't know what the standard is. COMMISSIONER HILLER: And didn't -- and did find it acceptable between March and November. MR. OCHS: Right, right. COMMISSIONER HILLER: For hundreds of thousands of dollars, and now all of a sudden it's changed. MR. OCHS: Without a change in the contract or the law. MS. KINZEL: Commissioner Hiller, we routinely send back rejections to the departments for a lack of evidence or information. That didn't just change. That didn't just happen. It is routine for our office to reject items back to the departments for additional Page 152 April 26, 2016 information if we cannot link them to the contracts, so -- MR. OCHS: Listen, I -- MS. KINZEL: -- we can just keep -- MR. OCHS: Crystal, I agree with you on that statement, absolutely. But you must agree that you've paid these lump sum invoices. MS. KINZEL: I believe I've said that, but that does not preclude us after we find something else that we're interested in, into going and look at the totality of the backup that's required, or sample an additional invoice to make sure that the backup that Jack is basing his approval on is there. COMMISSIONER HILLER: That's not what the contract says. MS. KINZEL: Part of the lump sum issue -- CHAIRMAN FIALA: Excuse me. MS. KINZEL: Okay. CHAIRMAN FIALA: Let's -- County Attorney. MR. KLATZKOW: If the core issue that the Board is concerned with here is getting the vendor paid, then I would recommend that the Clerk's people meet with the vendor's people in the next couple of days. If they can't work it out, we can bring back an executive summary to compel payment. CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: What's the deadline? I mean, according to the Prompt Payment Act -- MR. KLATZKOW: Our next -- our next meeting is in two weeks. So, you know, if Crystal is honest about working with the vendor and working this through and the vendor gets paid -- COMMISSIONER HILLER: Hundred and twenty invoices since November? MR. KLATZKOW: Sure. COMMISSIONER HILLER: And that's going to be resolved in Page 153 April 26, 2016 10 days? MR. KLATZKOW: I don't know. I've heard from Crystal that they've got everything worked out. Maybe they do; maybe they don't, all right. But, you know, the Clerk would have the opportunity now to resolve this in the next couple of days, then we're done with the issue of getting paid. You still, now, have the issue, by the way, of getting other vendors paid and what happens down the road. Because there has been inconsistencies. COMMISSIONER NANCE: I would love that methodology that you just outlined, sir, to be the way we conduct business in this county. If we would just simply proceed like that, when -- if and when we had a problem, it would be wonderful. I think for many years that's what happened, and I don't know when it started to go south, but it's certainly not working now. So I hope that everybody agrees that that's the best thing for all and that we go forward. I would be personally delighted and thankful if people could work in that way. CHAIRMAN FIALA: That's what we hoped for all along. COMMISSIONER NANCE: That's what I hope for. CHAIRMAN FIALA: We don't want to be fighting about this. It's a shame, but I agree. I agree. So, Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I think it would be very helpful, Leo, if we could transcribe the TDC meeting, the opening, setting the agenda, which is when this conversation came up and then, specifically -- I believe it's only in that one part. But specifically when -- the dialogue between Mr. Hames and Ms. Kinzel part of it. Certainly, it doesn't get into anything beyond, I believe, the setting of the agenda. I'm not saying it's two sentences, though, but there's enough there that I think it would be very helpful to see what was put Page 154 April 26, 2016 on the record, what everyone said. I think it would be helpful for my colleagues here, please. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER TAYLOR: Thank you. COMMISSIONER HILLER: Thank you. Again, sitting here and saying that now you want to work with the vendor after not paying them since November and putting them in a position where they have to come before this board to avoid being bankrupted is anything but being -- I would hardly call that cooperative. Again, we have the Prompt Payment Act. You need to deliver in writing with specificity if you object to something and, again, deliver in writing with specificity what the vendor has to provide to satisfy your specific complaint. That needs to come to our staff as soon as we submit the invoice to you within no later than 10 days of having submitted the invoice to you so our staff can turn it back to the vendor to get that evidence. And then the process is, between Day 10 and Day 45, work through these issues with the vendor. If there's a dispute at the end of that time, we have a dispute resolution process which the County Manager is bringing forward between Day 45 and Day 60. There will be a hearing on that dispute if there is a dispute and the decision is made not to pay. And at the end of that period of time, there is a final decision at the end of Day 60. You can't drag this out from November to now. There is finality. And if the decision is made not to pay, the decision is made not to pay, and the vendor can sue us civilly. If the decision is made to pay, the decision is made to pay at the end of that period of time after the dispute resolution process has been worked through. But we cannot continue to do business in the manner in which you are doing business, Crystal. Page 155 April 26, 2016 CHAIRMAN FIALA: Leo wants to say a little something. COMMISSIONER HILLER: Yes, sir. MR. OCHS: No, no. I was just going to remind the chair, I believe there is a speaker on this item before you take your vote. COMMISSIONER HILLER: Yes, but this is -- CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: -- a very serious -- you know, the framework that the legislatures (sic) have created have been created for a reason. And we cannot sit here and hold vendors hostage where they don't have any idea where they stand for months on end not knowing if they should sue, shouldn't sue. Whether they will or won't be paid. That's just impossible. No one can do business with the county like that. CHAIRMAN FIALA: Let's move this one along. COMMISSIONER HILLER: And I make a motion that we deny Commissioner Taylor's request. CHAIRMAN FIALA: You mean to solicit bids for new tourism marketing? COMMISSIONER HILLER: Correct, that we renew this -- I mean, is it going to come back to us for a renewal automatically in September, or what happens? COMMISSIONER TAYLOR: No, it can be done administratively. MR. OCHS: It can be done administratively if they agree to the same terms. COMMISSIONER HILLER: So just to deny -- to deny Commissioner Hiller's -- Commissioner Taylor's recommendation to solicit. CHAIRMAN FIALA: You're Hiller. COMMISSIONER HILLER: Yeah, I'm Hiller. To deny Page 156 April 26, 2016 Commissioner Taylor's recommendation to solicit bids for a new marketing and promotion contract. CHAIRMAN FIALA: Okay. And I'll second the motion. We have a speaker. MR. MILLER: Yes, ma'am. We have one registered speaker on this item. John Sorey. CHAIRMAN FIALA: Mayor Sorey, hello. COMMISSIONER NANCE: Welcome to Collier County, sir. MAYOR SOREY: Well, I'll tell you -- CHAIRMAN FIALA: I'm sorry you had to sit through this. MAYOR SOREY: -- it's been an interesting discussion, but -- for the record, John Sorey. And I'm going to speak to the item on the agenda, which we spent about 10 percent of the time on, recommendation directing the County Manager to solicit bids for a new tourism marketing promotion contract. And the key -- and I thought Mr. Nance did a great job of summarizing. But the key here is we need a firm that can provide support and improvement of the luxury brand that we are marketing. And I know that I got lots of pressure from local vendors that thought they could do X, Y, and Z, but when you look at the results -- and the way I read the two-year review, the County Manager has the authority administratively to approve based on performance, and we spent an hour and a half talking about things that have nothing to do with the item on the agenda today. But as you look at the effort and the results, I think they're pretty clear. I think this agency has done a superb job. I've done a lot of work with marketing agencies over the years. Ten percent is on the low end of the scale. I think they provide a great deal of value for what they charge. And there was a question asked, well, you know, what difference does it make if it goes out to bid again? Well, putting bid packages Page 157 April 26, 2016 together aren't something you just do in five minutes. There's a cost. This contract was set up with the provision to allow this particular vendor to be reapproved two more two-year cycles, and part of that is to reward them for performance and going through the bid process. So there is a cost for bid. And all the discussions about per diem and all that, it's just not relevant to the situation. I mean, this is not a goman entity. And I know we all, elected officials, start thinking like elected officials, and this is the rules. Well, that's not the rules in the private sector. I mean, there are times when you have to do things with a particular project or whatever that don't meet the rules. So I would strongly recommend that you approve another two years for this vendor because they've done an outstanding job. Thank you. CHAIRMAN FIALA: Thank you. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes, sir. MR. HAMES: I think we can address a couple of specific questions -- concerns that you had, and we can resolve them in about three minutes, if that would be okay with the Board. CHAIRMAN FIALA: Yes. We're ready to vote, but go ahead. MAYOR SOREY: Don't talk them out of it, Sid. MR. HAMES: So we've got the -- can you work that? So basically -- MR. OCHS: Talk into the microphone. MR. HAMES: Basically the budget here is 169,000. Of that, 69,000 went to Paradise and for that we were able to help facilitate 6,000 photos and numerous videos and so forth. But, more importantly, I just want to address the -- Rudy's going to address the specific questions that Commissioner Taylor was questioning. Page 158 April 26, 2016 MR. WEBB: Sure. Thank you very much. For the record, Rudy Webb, vice president of accounts services at Paradise. I've been with the agency eight years. So we just wanted to identify some of the -- clarify some of the items addressed in the executive summary that was attached to the agenda today. So just to -- I won't read each one of these, but we just wanted to provide additional information for you. Some of the subcontractors to the project, such as models, photographers, are not required to submit quotes per the contract. Well, that is true during -- through the contract, yes. But what we do as an agency is we go out and solicit those estimates and quotes on your behalf. So in this instance, we identified three potential photographers for the project. Two actually submitted bids, and we negotiated Mr. Steve Beaudet down to the rate there of 61,000, and you can see the other competitive bids as well. We have those example bids here for -- if you'd like to see them. So we do go out and solicit quotes on your behalf in order to be responsible with the county's budget. So this -- sort of to summarize this portion, it looks like we're actually invoicing twice on the same particular project or double dipping, and actually we are invoicing twice, but we call it pre -- pre- -- progress billing. Thank you, Jack. Progress billing. So sometimes a photographer, for example, requires payment up front, and Paradise provides them with that payment, then we invoice the county. And we get payment from the county, and then we are reimbursed for that upfront payment. So we did invoice twice on that particular protect, but it was the same -- COMMISSIONER TAYLOR: But those were your words. I never -- I don't think my executive summary says you're double dipping. I never indicated that. I never thought you did. MR. WEBB: Okay. So I was just clarifying. Page 159 April 26, 2016 COMMISSIONER TAYLOR: Oh, yeah. No, no, no, no. There were distinct invoices for one job that were spread over a period of time. MR. WEBB: Correct. COMMISSIONER TAYLOR: And I just consolidated. Oh, no. I would -- no, no. I never, ever -- no, no. That's -- no. Please. MR. WEBB: We wanted to make sure that you didn't -- COMMISSIONER TAYLOR: Yeah. A lot of things -- no. I didn't even assume it. MR. WEBB: It's just a progress billing for that -- COMMISSIONER TAYLOR: Yes, of course. Yes. MR. WEBB: Great, thank you. So on this one, there's no budget given to the crew for food. We can -- they ate at Avenue 5. They can stay at the -- have dinner at the Ritz. They can spend $200 on dinner, all coming out of the funds. What we do -- we --just to clarify, we did not stay or eat at the Ritz. We did not stay or eat at Truluck's. We did have lunch at Avenue 5. Actually, if you saw some of the photography that we shot, that was the actual location we used during that shoot. We were shooting there in the morning, shooting there in the afternoon, so it just made sense to keep the crew and team in that one location rather than pack everything up, move, go get something for lunch, and come back, and I think, actually, the general manager provided a discount on that actual meal. They provided all the meals during the shoot, which we were able to use in our advertising, so it was a great benefit to us, so we appreciate that. We stayed at a lodging, you can see, at $79 per night. That's pretty hard to find in Collier County, but we were able to manage that. And then, yes, we do go to Miami to find models, actors, talent. Miami's a great location for that type of pool. Actually, Orlando's Page 160 April 26, 2016 another good location, but we did solicit a local talent agency here in Collier County to provide talent. It just so happened that it wasn't the look that we were going for, for what we thought would provide the destination the best image out in the market, which is so important, which Jack mentioned earlier. And the photographer actually did not come from California. He lives in Boca Raton. He flew, from New Hampshire, home on his own dime, drove over here. He has family in the area. He's very familiar with the destination, so he's a great, great photographer. And then, according to the contract, we talked about this a little bit, a 10 percent fee based on the overall budget. The budget's the budget. Jack and his team set that budget approved by you, and then we work within that budget. We are stewards of that budget. We try to be as fiscally responsible as possible, because the further we extend that budget, the better it makes us look, the better it makes you look, the more impacting results we get. MR. HAMES: I'm just going to make one final thought or mention. We had a $179,000 budget and quote that was approved by Jack and his team, and we came in $10,000 under. And no agency that I know of would give that $10,000 back. And we didn't even tell Jack that we were coming in under. We just invoiced that. And so we're not -- we're trying to work as diligently as we possibly can to keep those costs down. That's all that we wanted to say. I know, Commissioner Taylor, you had some questions, and I thought we could maybe address them and shed some light on it. So that wraps it up from our point of view unless you have any questions. CHAIRMAN FIALA: Thank you very much. I think we should go -- do you want to speak again? COMMISSIONER TAYLOR: No. CHAIRMAN FIALA: Okay, fine. Page 161 April 26, 2016 Then, with that, we have a motion on the floor and a second to not go out to -- to -- let's see. How do you say it when you don't want to solicit for bids? COMMISSIONER HILLER: Not solicit. CHAIRMAN FIALA: Not to solicit. COMMISSIONER HILLER: We're going to renew the existing contract. CHAIRMAN FIALA: Yeah, for a new contractor. Motion and a second. Any further suggestions? COMMISSIONER NANCE: Is it a motion to deny? CHAIRMAN FIALA: Yeah. COMMISSIONER HILLER: Commissioner Taylor's recommendation -- COMMISSIONER NANCE: Okay. COMMISSIONER HILLER: -- regarding the solicitation. COMMISSIONER NANCE: So an affirmative bid is a vote to deny? CHAIRMAN FIALA: Yes. COMMISSIONER NANCE: Yes, okay. COMMISSIONER HILLER: An affirmative vote is a vote to deny Commissioner Taylor's recommendation. CHAIRMAN FIALA: Okay. Okay. We've got that all set, right? All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN FIALA: Opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN FIALA: Okay. So that's a 3-1 vote. Commissioner Henning has left. Page 162 April 26, 2016 And let's go give our -- COMMISSIONER HILLER: Leo, you're going to -- CHAIRMAN FIALA: -- court stenographer a little bit of a break, please. COMMISSIONER HILLER: I just want to confirm. So you're administratively renewing this contract then? MR. OCHS: We'll evaluate it at the time and act according to our authority at the right time before the contract expires. COMMISSIONER HILLER: Right. Thank you. CHAIRMAN FIALA: Okay. Let's take a break, folks; 10 minutes, please. (A brief recess was had.) CHAIRMAN FIALA: Okay. We're back in session. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, ma'am. That takes you to Item 15, staff and commission general communications. CHAIRMAN FIALA: Did we get everything else done? No. 11A, we didn't get 11A done. Oh, maybe you did them while I was gone. MR. OCHS: Yes. Yes, ma'am. COMMISSIONER NANCE: We did all the juicy stuff while you were gone. CHAIRMAN FIALA: Oh, okay. MR. OCHS: I have nothing this afternoon, Commissioners. COMMISSIONER HILLER: My turn? MR. OCHS: County Attorney? MR. KLATZKOW: I have nothing. Page 163 April 26, 2016 CHAIRMAN FIALA: I don't blame you. This has been awful. MS. NANCE: Except for the pickles. CHAIRMAN FIALA: The pickles are good. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Leo, of the other vendors that came before this board, what's the resolution? What happened to Surety? What happened to PBS? Not paid? And this was a situation where we had vendors stand before this board, general contractors that had fixed price contracts, and where we had a discussion that Ms. Kinzel said that she was going to work with them and get them paid and that if that didn't happen, the County Attorney was going to come back. Didn't you say you were going to come back and ask for payment under quantum meruit? MR. KLATZKOW: I said that was a possibility that the Board could consider, yeah. COMMISSIONER HILLER: Well, we need to do something because, I mean, again, this is how long -- when did they come before this board? MR. CASALANGUIDA: Several months ago. MR. OCHS: Several months ago. COMMISSIONER HILLER: Okay. Well, what are we going to do? Okay. This is a situation like Paradise. You know, we had this discussion in front of the Board. The discussion was, was that they were going to work together and get it resolved, and now two months later these vendors -- there's no resolution, and we're in the same position that we were in before. MR. KLATZKOW: Well, I'd happy to work with you to put together an executive summary, and the County Manager, and bring it forward. COMMISSIONER HILLER: We -- I just don't see that we can sit here and do nothing if we have received those services, it's under a Page 164 April 26, 2016 fixed price contract, and the Clerk just simply refuses to come before this board and state with specificity the reason for his denial of the pre- audit. MS. KINZEL: Commissioner Fiala? CHAIRMAN FIALA: Yes. MS. KINZEL: We are working with those vendors. We haven't reached resolution with each of them, but we are working with the general contractors, and we will get back to the Board. CHAIRMAN FIALA: Could you give us a date, Crystal, so that we know they're going to get paid? COMMISSIONER HILLER: In two months. CHAIRMAN FIALA: Just a minute, Georgia, please -- I mean, Commissioner Hiller. COMMISSIONER HILLER: No. Go ahead. MS. KINZEL: We've discussed the items. We most recently received a letter from one of the attorneys on -- from one of the general contractors, and we're working with them. It is a factor of when they respond to us when we respond to them. But we are in communication with them, and we're working through the documentation so that we can pay them. So we're working with the general contractors, we're working with fencing contractors and several of the other contractors to resolve the issue. But I didn't want the Board's impression to believe that we have done nothing. We are working with them. MR. KLATZKOW: Have any of them been paid? CHAIRMAN FIALA: Pardon me? MR. KLATZKOW: Have any of them been paid? CHAIRMAN FIALA: Have any of them been paid, Crystal? MS. KINZEL: We pay vendors every day. If you're talking specifically of the general contractors that were under the evidence, I Page 165 April 26, 2016 would have to go back and check on any of the five. CHAIRMAN FIALA: Nobody's -- MS. KINZEL: I didn't check. That wasn't on the agenda for this meeting. I apologize. I'll be glad to give you a status after I go back and review the records. COMMISSIONER HILLER: Leo? Leo, according to what I see in the back of the room, which it looks like Len's head going "no." So those contractors have not been paid on these fixed-price contracts, is that correct, Len? MS. PRICE: (Nods head.) COMMISSIONER HILLER: Yes. So they haven't been paid. CHAIRMAN FIALA: Oh, I thought they'd taken care of that. COMMISSIONER HILLER: Yeah. No. So, you know, the -- like I said, I mean, we've got a very serious issue here. We -- you know, we're guided by the Prompt Payment Act, and we've got vendors who are not being paid and who are not being told why they are not being paid in the time frame and in the manner prescribed by the law. That's a problem. And it's -- this is not an ongoing debate, and it constantly turns into an ongoing debate. How many audits are pending right now? How many audits are you facing? MR. OCHS: Internal audits? COMMISSIONER HILLER: Uh-huh. MR. OCHS: I'd have to -- I'd have to check with staff and get back to you, ma'am. COMMISSIONER HILLER: When are the audits that's -- there was one audit that just came out on the tax, on the gas tax. When is that going to be presented? MR. OCHS: I don't know if-- my understanding is it may come at the next agenda. I don't know that it will be a presentation item or a consent agenda submittal. That's up to the Clerk's Office. Page 166 April 26, 2016 COMMISSIONER HILLER: When are you going to present that audit, Crystal? MS. KINZEL: Pursuant to our prior agreements, we're putting all of them on the consent. And then if a commissioner would like to address them separately, that will be on the next agenda. COMMISSIONER HILLER: Okay. Thank you. I think that Commissioner Nance, Commissioner Fiala, and myself are all very concerned about these unpaid vendors. I mean, I think this is a serious matter and, you know, we as a board have a duty to act, and we need to do something about this situation. If it's not proper to pay these vendors, they need to know that right away so that they can take legal action to defend themselves if they believe we're wrong. Conversely, if they deserve to be paid, they need to get paid right away because we are way overdue, and it's a very serious, serious problem. Commissioner Fiala, do we have any holidays coming up that I don't know about that I've forgotten? CHAIRMAN FIALA: That I'm going away on? COMMISSIONER HILLER: No. Just generally. Because I like to follow up. I know we -- oh, my God. I completely remembered that I've just forgot, Mother's Day. It's Mother's Day in May. CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: The beginning of May is Mother's Day, correct? CHAIRMAN FIALA: Yeah. COMMISSIONER HILLER: So all hail to all mothers. CHAIRMAN FIALA: Oh, okay. COMMISSIONER HILLER: And Happy Mother's Day to everyone in the community, and thank you to all the women that contribute to our society and make such a difference. CHAIRMAN FIALA: Thank you, Commissioner Hiller. Page 167 April 26, 2016 Commissioner Taylor? COMMISSIONER TAYLOR: No. Commissioner Nance. That's fine. I want -- COMMISSIONER NANCE: Oh, okay. I just wanted to end my -- I want to apologize to everybody for coming -- for losing my composure there a little. Please accept my heartfelt apologies. CHAIRMAN FIALA: Your words were profound. Don't apologize for them. COMMISSIONER NANCE: Well, okay. Well, it's just not always my style, and I hope to do better. Thank you for your understanding. I wanted to give you some very positive, positive information on what's taking place with our relationship with the University of Florida and our accelerator, so I gave you this little package, this little flier on how to start a food business in Florida, an introduction to food entrepreneurship. COMMISSIONER TAYLOR: Maybe Leo could put that on the visualizer so that people could see this wonderful -- COMMISSIONER NANCE: Yeah, Leo. Can you put that up on the visualizer there. This is the tentative agenda for a workshop that is being put on by faculty members from the University of Florida. And Vanessa Bielema, our Extension sustainable food systems agent, is hosting one of them in Immokalee on May 27th. This is extraordinary. If you look at these individuals, all these individuals that are presenting on this agenda are PhD's from the University of Florida. And together, working with our incubator and in direction of food science, Ms. Bielema reminds us that Dr. Paine in Gainesville has been considering for quite a while hiring and involving a food science faculty member, a new -- brand new position that we could potentially Page 168 April 26, 2016 get in -- at the Immokalee Research and Education Center, which would be a center of excellence for us in sustainable food science. And I've talked to the County Manager, Marshal Goodman, Jace Kentner about getting together with Dr. Arnold at our earliest convenience and reviewing with Dr. Arnold and with Dr. Paine in Gainesville our funding through the legislature to push forward on the accelerator out there and see if we can continue to engage them. They've kind of been in suspended animation up there wondering if we were going to get that funding. So together with the funding that I hope we're going to get through a USDA grant, we can start moving this forward. This has really got a lot of energy, and it can really be a success story for everyone. So everybody's got an interest in the success of this. So I just wanted to share this with you. Also attached is a little two-page handout that's just a little blurb on the Centers of Excellence program that the Florida state university system is engaged in. And it talks about the different areas. From three original centers, they've expanded to 11. And I'm hoping that we can -- we can work our way into having a center of excellence in food science here. I think it's completely possible. And if we could do that, it would really be a game changer for you. So I just wanted to leave you with something really positive, but we've got to -- you know, we've got to get aggressive about pushing forward on this. I think it's a great opportunity without limits, so... COMMISSIONER TAYLOR: Leo, would you put this one up -- MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: -- so people can see where. COMMISSIONER NANCE: And Vanessa, as you'll remember, was appointed as a sustainable food system agent when one of the positions in our extension office there was re-purposed. And that was a decision that was made instantly by Dean Nick Place in Gainesville Page 169 April 26, 2016 in conjunction with our visit up there. So, I mean, we added a -- we added a team player right then with stunning -- that was stunning speed. That normally doesn't happen. I mean, the University of Florida might even grind slower than Collier County, I'm not sure, but it's right in the same league, okay. It's one of those glacial systems. But, anyway, I think that's really good news. I'm really delighted about the pickle ball event. Commissioner Fiala is going to -- she's creating a legacy here in this sport somehow. I don't know how she's become the face of pickle ball in the nation, but somehow she's done that. And, actually, I intercepted Mr. Wert coming into the building today, and I'm really going to ask the County Manager. I told him with all -- I wasn't making this up, and I wasn't making a joke. I told him, they need to be reaching out to Vlasic and Heinz and all these sports companies that make the -- you know, the rackets and the balls and everything for this pickle ball. We need to go out there and solicit a best-offer bid to be, like, our platinum sponsor. You know, we've got two years left to go on this. We need to give them a facility to name or something. CHAIRMAN FIALA: You mean like a pickle ball -- pickle company; is that what you're saying, Vlasic? COMMISSIONER NANCE: Well, I thought that, you know, Heinz and Vlasic are famous for having a boatload of money. It would be a very small blip in their advertising campaign. They'd be -- I think they could really milk, you know, being the national sponsor for pickle ball. I mean, how could you lose on that? You know, anyway, we need to dispatch our best people to go up there and make a deal with them so they send us a couple million bucks. CHAIRMAN FIALA: You know, I just took your idea -- and I Page 170 April 26, 2016 told them it was your idea. It wasn't mine. I took it to the pickle bailers last night. I was hanging out there till about 9:30 last night. COMMISSIONER NANCE: You were cavorting with the pickle ballers. CHAIRMAN FIALA: Yes, again. And I gave them your idea. COMMISSIONER NANCE: Were they consuming any adult beverages there before the event? CHAIRMAN FIALA: I'll get on to my subject here. COMMISSIONER NANCE: Okay. MR. CASALANGUIDA: Pickle juice, sir. CHAIRMAN FIALA: And they said that they've already contacted a pickle company, and they named it. And it started with an M, but I'd never heard of it before. COMMISSIONER NANCE: Oh, that's Mount Olive. That's the North Carolina one. CHAIRMAN FIALA: Yeah, that is. That is. COMMISSIONER NANCE: That's right. Don't underestimate those North Carolina pickle guys. CHAIRMAN FIALA: So they've got them signed on for next year. Yeah. So anyway... COMMISSIONER NANCE: I'll have to make a trip to Mount Olive, North Carolina, as your emissary. You'll have to knight me before I go. CHAIRMAN FIALA: Oh, all right. I'll do that. Would you wear a crown or anything? COMMISSIONER NANCE: A big pickle badge or something. We need to talk to Mr. Wert about the name badges that look like a pickle or something. CHAIRMAN FIALA: But that was a great idea, yeah. I said, well, there's no harm in having more than one. They said, no, it's going to be a -- you know, one -- what do they call it? An exclusive Page 171 April 26, 2016 contract. COMMISSIONER NANCE: Oh. I'm liking that. That comes with a lot of zeros. CHAIRMAN FIALA: Oh. Okay. Thank you. Anything else? COMMISSIONER NANCE: No, ma'am. I've exhausted my sense of human. CHAIRMAN FIALA: Well, that was a good one. That was just great. I had a couple other things to say but, you know what, I don't feel like saying them now. They're -- I'm so tired of hearing all of this stuff. COMMISSIONER NANCE: Have a pickle, ma'am. You've got a whole jar of them. CHAIRMAN FIALA: You know what -- well, Commissioner Taylor, every time you bring up this thing about the Clerk and, you know, you put it back on again about paying the bills and everything, and we have to -- we just keep responding for his pre-audit, right? You know, I still can't -- I've mentioned it before, but I'll just make it clear one more time. I thought a pre-audit was your pre-audit and then, when it comes back, yes, that's a good -- that's okay to pay, you know, then you pay it, instead of voting to pay it and then they go to pre-audit it. I don't know. That's post audit, I would think, rather than a pre-audit. And I think that that's where the confusion lies. If everybody says -- because we always did pre-audit before we paid. It was just the way we always did it. I don't know where it changed or why it changed, but I think in keeping with your will to -- let's see what we can do together, you know. And unless somebody doesn't agree with me, you pre-audit so that you can pay. That's what pre mean. And I was hoping that maybe that could be an answer to -- to what you're suggesting. And I know I've suggested it elsewhere, and it used to work just fine. We've been doing that for years and years and years. Just maybe Page 172 April 26, 2016 we can go back to just doing it the same way again. So, anyway, that was just a suggestion I might bounce into your court. Bounce, like with a pickle ball or something. Anyway, I think that's what's made it so difficult for us. All right. I want to thank all of you for being here. I charge -- COMMISSIONER TAYLOR: I want to say -- MR. OCHS: Madam Chair, I don't think you went to Commissioner Taylor yet. COMMISSIONER TAYLOR: No. And I want to say -- CHAIRMAN FIALA: Oh, okay. And I also wanted to charge each and every one of you -- you have to sign a sheet that -- when you've gone down to see how the courts look and watched a game, you have to sign your sheet so that I can mark you off as perfect attendance, okay. Everybody's got that charge. Okay. Good. Commissioner Taylor? COMMISSIONER TAYLOR: I had the opportunity to walk around the campus just a little bit, and I cannot tell you -- in the middle of the day -- and how beautiful this campus is and how artistically and cleverly put are benches and shades so people can enjoy it. And it's not just for government workers. It's for the public also. And I hope that when -- and I'm leading up to this, Leo, so be prepared. I hope that when we -- when the -- when -- the office of elections, when they move out, we talked a little while ago about maybe putting some kind of exercising space in there. No? I heard no, right? Who said no? Troy said no. Troy. And maybe, you know, something where -- and maybe showers and -- however you want to do it, but I'd like it to be part of this campus. This campus is really beautiful. It's an urban campus. There's cement and parking. But the trees soften it, and the benches make it great for pedestrians and for people who want to walk around. Page 173 April 26, 2016 And I want to say I had nothing to do with this, public. It's compliments to the staff and the planning. MR. OCHS: Well, thank you for your kind remarks, and we are updating our facilities master plan now, so all suggestions are good ones, and we'll try to incorporate those into the plan. COMMISSIONER TAYLOR: Oh, pickle ball. Oh, my gosh. She wants pickle ball courts built. Oh, my gosh. I was thinking of a rowing machine and a stair climber. CHAIRMAN FIALA: Oh, those exercises. COMMISSIONER TAYLOR: Those exercises. CHAIRMAN FIALA: Okay. Yes. COMMISSIONER HILLER: One thing I would like to ask, if it would be possible. There's a great photographer in town that had a great exhibit down at Von Liebig, and I was talking to him the other day. And, you know, we had talked in the past about, like, art in public places, and he would be happy to lend us his exhibit. They traveled across the country, and their photography is unbelievable. And I thought maybe just for a short period of time put it on exhibit down in the lobby. Just take down some of our old pictures, put these photographs up. They're in -- the guy's name is Gareth Rawcliffe. I'm sure you've heard of him. CHAIRMAN FIALA: Oh, I saw him, yeah. COMMISSIONER HILLER: Yeah. He's, like, absolutely amazing art, and he said he would be happy -- I mean, you know, no cost or anything, just so we could have the exhibit. And it was on full display at Von Liebig. They had a huge, you know, show. I'll give you the name after. It's Rawcliffe. MR. OCHS: Yeah. If the -- COMMISSIONER HILLER: I'll -- would that be okay, I mean, to put it on display downstairs for -- CHAIRMAN FIALA: I think it's good, but then I think we Page 174 April 26, 2016 should follow it up with a Penny Taylor display. COMMISSIONER TAYLOR: Oh, oh, oh. CHAIRMAN FIALA: Yeah. COMMISSIONER TAYLOR: No, we can't do that. That's too -- that's too close to home. I mean, I would be happy to. But, you know, what we did talk about a long time ago was the concept of having rotated -- COMMISSIONER HILLER: That's what I'm talking about. COMMISSIONER TAYLOR: And we have -- look at the wall space in here, ladies and gentlemen. COMMISSIONER HILLER: I know. You could put some of those photographs up here, whatever you think is appropriate. Like, maybe we just put it on two walls just so it doesn't clutter everything up. But I can get you all the information. You can call the photographer and just put up the display for whatever period of time you think is reasonable, you know, and let's start this art-in-public-places thing going. COMMISSIONER TAYLOR: Yeah. And we could -- what we could do is use these -- this wall space but also rotate it with -- we did a long time ago talk to the Von Liebig, and it never came -- everyone's a little worried, how's this going to happen? But these -- this space has remained vacant. COMMISSIONER HILLER: Right. COMMISSIONER TAYLOR: And it's perfect. COMMISSIONER HILLER: So -- exactly. And since I've got an artist who's willing to do it, let's experiment, work with him, see how it works, see what you like, don't like, see, you know, what the best way to establish this as a program is, and take it from there. And I'll give you the contact information; you can get ahold of him. MR. OCHS: Thank you. Thank you. Page 175 April 26, 2016 CHAIRMAN FIALA: All right. COMMISSIONER TAYLOR: All right. COMMISSIONER HILLER: We'll make it pretty. I like that kind of stuff. COMMISSIONER TAYLOR: And maybe not just limited to photography, but there's some artists. MR. OCHS: Sure. COMMISSIONER HILLER: Yeah, or course. And just do -- what I would suggest is just do -- like, do a rotating show and like you -- for -- this time we can start with this one photographer. Maybe next time we do all -- I don't know -- CHAIRMAN FIALA: Painting. COMMISSIONER HILLER: -- nature paintings or whatever, you know, like, we can come up with a -- whatever we decide. CHAIRMAN FIALA: Old time Florida, Paul Arsenault. COMMISSIONER HILLER: Or old time -- right. We could do like a Paul Arsenault exhibit, like, next, whatever. But, again, the artist has to be willing to do it, and they have to assume all risk and all that good stuff. MR. OCHS: Okay. COMMISSIONER HILLER: I think it would be nice to make that available for the public, you know. CHAIRMAN FIALA: Okay. So do we have any other comments from anybody else? (No response.) CHAIRMAN FIALA: Then take a deep breath, smile, and have a nice evening. Go out to the pickle ball courts, and I'll see you in two weeks, okay. The meeting is adjourned. Page 176 April 26, 2016 **** Commissioner Taylor moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR LOGAN BOULEVARD, PL20120000058, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $31,692.50 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - LOCATED NORTH OF IMMOKALEE ROAD AT THE SEVEN SEAS BLVD. INTERSECTION Item #16A2 PETITION VAC-PL20160000009 TO QUITCLAIM AND RELEASE THE COUNTY'S INTEREST IN THE INGRESS AND EGRESS EASEMENT RUNNING THROUGH THE WEST SIDE OF THE PROPERTY DESCRIBED IN EXHIBIT A ATTACHED HERETO, AS RECORDED IN OFFICIAL RECORD BOOK 624, PAGE 1639 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA — LOCATED AT THE CORNER OF GOODLETTE-FRANK ROAD AND IMMOKALEE ROAD Item #16A3 Page 177 April 26, 2016 RESOLUTION 2016-72: A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $261,066 FOR THE CONSTRUCTION OF SIDEWALKS IN EAST NAPLES (LOMBARDY LANE AND ORCHARD LANE) AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT (PROJECT #33460, FPN 430879-1-58- 01) — LOCATED OFF OF THOMASSON DRIVE NEAR SUGDEN PARK Item #16A4 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 289RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $15,200) — A PORTION OF FOLIO #39327720005 Item #16A5 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 331RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145.) ESTIMATED FISCAL IMPACT: $2,527 — FOLIO #40623700006 Page 178 April 26, 2016 Item #16A6 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 334RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $8,150) — FOLIO #40922480001 Item #16A7 AWARD AGREEMENT NO. 15-6456 FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FOR LOCAL AGENCY PROGRAM (LAP) FUNDED PROJECTS TO AIM ENGINEERING & SURVEYING, INC.; "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR LAP FUNDED PROJECTS." GROWTH MANAGEMENT GRANT FUND 711 Item #16A8 RESOLUTION 2016-73: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF RIVERSTONE - PLAT FOUR APPLICATION NUMBER 20120002198 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY — LOCATED OFF OF LOGAN BLVD. EXTENSION Item #16A9 Page 179 April 26, 2016 AN EASEMENT AGREEMENT FOR THE PURCHASE OF TWO ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS (PARCELS 350RDUE AND 348RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $31,550) — A PORTION OF FOLIO #40925880006 AND #40925760003 Item #16A10 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $219,726.28 FOR PAYMENT OF $126.28 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. PNC BANK, N.A., CODE ENFORCEMENT BOARD CASE NO. CESD20130010194 RELATING TO PROPERTY LOCATED AT 3245 37TH AVENUE NE, COLLIER COUNTY, FLORIDA, THAT WILL RESULT IN THE DONATION OF THE PROPERTY TO COLLIER COUNTY FOR THE BENEFIT OF CONSERVATION COLLIER — THE PROPERTY WILL BECOME PART OF THE WINCHESTER HEAD PRESERVE IN GOLDEN GATE ESTATES Item #16A11 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $34,362.82 FOR PAYMENT OF $562.82 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JACK AND MURIEL FLOYD, CODE ENFORCEMENT SPECIAL MAGISTRATE Page 180 April 26, 2016 CASE NO. CEPM20120009545 RELATING TO PROPERTY LOCATED AT 11466 LAERTES LANE, COLLIER COUNTY, FLORIDA — VIOLATION FOR AN UNSECURE DWELLING IN NEED OF REPAIR; BROUGHT INTO COMPLIANCE ON FEBRUARY 26, 2013 Item #16Al2 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $150,127.50 FOR PAYMENT OF $577.50, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. C WALT, INC. ASSET- BACKED CT, CODE ENFORCEMENT BOARD CASE NO. CESD20140007746, RELATING TO PROPERTY LOCATED AT 5681 DOGWOOD WAY, COLLIER COUNTY, FLORIDA — VIOLATIONS FOR A TIKI HUT, GARAGE CONVERSION/ALTERATION AND A CHAIN LINK FENCE WITHOUT THE PROPER PERMITS; BROUGHT INTO COMPLIANCE ON MARCH 8, 2016 Item #16A13 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $92,600 FOR PAYMENT OF $500 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. SANDRA SAGE AND CARLA SAGE, CODE ENFORCEMENT BOARD CASE NO. CELU20130015799 RELATING TO PROPERTY LOCATED AT 3123 RAVENNA AVENUE, COLLIER COUNTY, FLORIDA — VIOLATION FOR STORAGE OF SEVERAL RECREATIONAL Page 181 April 26, 2016 VEHICLES AND TRAILERS ON THE PROPERTY; BROUGHT INTO COMPLIANCE ON FEBRUARY 2, 2016 Item #16A14 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $32,250 FOR PAYMENT OF $682.13, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. GABRIELA GUZMAN, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20100002802, RELATING TO PROPERTY LOCATED AT 17034 LOCKHART DRIVE, COLLIER COUNTY, FLORIDA — VIOLATION FOR A VACANT MOBILE HOME WITH SEVERAL PROPERTY MAINTENANCE VIOLATIONS; BROUGHT INTO COMPLIANCE ON JANUARY 13, 2011 Item #16A15 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 315RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $15,200) — A PORTION OF FOLIO #40622520009 Item #16A16 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TREVISO BAY ROADWAY, PHASE 1, PL20130000149 — A Page 182 April 26, 2016 FINAL INSPECTION OF THE FACILITIES BY THE ENGINEERING SERVICES STAFF WAS CONDUCTED ON OCTOBER 8, 2015 AND FOUND TO BE SATISFACTORY Item #16A17 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR WOODCREST DRIVE, PHASE 1, PL20140000610, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION OF THE FACILITIES BY THE ENGINEERING SERVICES STAFF WAS CONDUCTED ON DECEMBER 10, 2015 AND FOUND TO BE SATISFACTORY Item #16A18 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CAMDEN LAKES, PHASE 2, PL20140001156, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT— A FINAL INSPECTION OF THE FACILITIES BY THE ENGINEERING SERVICES STAFF WAS CONDUCTED ON FEBRUARY 4, 2016 AND FOUND TO BE SATISFACTORY Item #16A19 Page 183 April 26, 2016 RESOLUTION 2016-74: A SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT BETWEEN DENNIS J. LYNCH AND THE BOARD OF COUNTY COMMISSIONERS DATED FEBRUARY 4, 1994, AS AMENDED FOR THE PURPOSE OF MODIFYING THE ALTERNATIVE CONCEPTUAL MASTER PLAN ATTACHED AS EXHIBIT A TO THE SETTLEMENT AGREEMENT AMENDMENT TO RECONFIGURE THE DRIVEWAYS, PARKING SPACES AND COMMON AREAS, TO REMOVE TWO BUILDINGS AND A PLAZA AND REPLACE WITH A PROPOSED ASSISTED LIVING COMMUNITY, AND TO REMOVE THE OBELISK AND REPLACE WITH THREE PROPOSED FLAGPOLES, FOR PROPERTY LOCATED ON THE WEST SIDE OF AIRPORT-PULLING ROAD, APPROXIMATELY ONE QUARTER MILE NORTH OF GOLDEN GATE PARKWAY, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA [PMC-PL20160000197] Item #16A20 A STAND ALONE GROWTH MANAGEMENT PLAN (GMP) AMENDMENT CYCLE TO ALLOW FOR THE REMOVAL OF THE EXISTING MAXIMUM ALLOWABLE OFF-SITE RUNOFF DISCHARGE RATES BY BASIN FROM THE GMP; IN THE INTERIM, APPROVE PLACING IN ABEYANCE THE DISCHARGE RATES IN THE GMP; AND, AUTHORIZE STAFF TO INITIATE AMENDMENTS TO THE CODE OF LAWS AND ORDINANCES AND/OR LAND DEVELOPMENT CODE (LDC) TO ADD STORMWATER DISCHARGE RATES; AND, APPROVE A STANDALONE LDC AMENDMENT CYCLE, IF NEEDED — AS DETAILED IN THE EXECUTIVE SUMMARY Page 184 April 26, 2016 Item #16A21 THE CHAIRMAN TO SIGN THE UTILITY FACILITIES QUIT- CLAIM DEED AND BILL OF SALE BETWEEN COLLIER COUNTY AND KE TALIS PARK PROPERTIES, LLC, IN ORDER TO RECONVEY TO THE KE TALIS PARK PROPERTIES, LLC ALL IRRIGATION UTILITY FACILITIES ASSOCIATED WITH THE DEVELOPMENT PROJECT AT SENECA AT TALIS PARK, PL20140001965, WHICH WERE PREVIOUSLY ERRONEOUSLY CONVEYED TO THE COUNTY Item #16A22 NAMING OF A COLLIER COUNTY ARTIFICIAL REEF SITE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY FOUNDATION OF COLLIER COUNTY AND ACCEPT AND APPROPRIATE A DONATION IN THE AMOUNT OF $98,000 FOR ARTIFICIAL REEF DONATIONS PROJECT NO. 44038 — RENAMING COLLIER 2 ARTIFICIAL REEF TO JACKSON'S FISH CAMP MEMORIAL REEF Item #16A23 INVITATION TO BID #16-6616 "RIGHT OF WAY AND DESIGNATED MAINTENANCE EASEMENTS MOWING FOR RURAL, URBAN AND AQUATICS" TO CHUCHI BUSH HOG, INC. AS THE PRIMARY CONTRACTOR, DUVAL LANDSCAPE MAINTENANCE, LLC., AS THE SECONDARY CONTRACTOR, Page 185 April 26, 2016 AND CARIBBEAN LAWN & GARDEN OF SW NAPLES FL., INC. AS THE TERTIARY CONTRACTOR Item #16A24 AWARD INVITATION TO BID (ITB) #16-6537R "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" TO PRIMARY, SECONDARY AND TERTIARY CONTRACTORS Item #16A25 DIRECTING THE COUNTY MANAGER TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO. 2006-57 TO ADD A NEW SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED ROADS IN THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT (THE "DISTRICT") AND TO APPROVE AN AGREEMENT WITH THE DISTRICT WHEREBY THE DISTRICT AGREES TO DEFEND COLLIER COUNTY AGAINST ANY ACTIONS RELATED TO THE ADOPTION OF THE PROPOSED ORDINANCE Item #16A26 STAFF TO PERFORM A ONE-TIME MAINTENANCE CLEANING OF THE STATE ROAD 29 CANAL (BARRON RIVER) AND DEVELOP, IN CONJUNCTION WITH STATE AND FEDERAL AGENCIES, A LONG RANGE MAINTENANCE PROGRAM PROPOSAL TO BE PRESENTED TO THE COUNTY COMMISSION AT A FUTURE BOARD MEETING FOR FINAL ACTION (FISCAL IMPACT $90,000) — FROM IMMOKALEE SOUTH TO 1-75 Page 186 April 26, 2016 Item #16B1 AN APPLICATION AND RECIPIENT AGREEMENT FOR THE IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM FOR REIMBURSEMENT OF $20,000 FOR FACADE IMPROVEMENTS TO LOZANO'S RESTAURANT LOCATED AT 405 NEW MARKET ROAD, IMMOKALEE, FLORIDA, WHICH IS LOCATED WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA — REPLACING OLD WINDOWS, EXTERIOR STUCCO AND PAINTING, SECURITY LIGHTING AND A DUMPSTER ENCLOSURE Item #16B2 NOTIFYING LANDLORD BAYSHORE DRIVE, LCC THAT THE CRA EXERCISES ITS OPTION TO EXTEND THE LEASE TERM FOR TWO YEARS AS ALLOWED BY THE COMMERCIAL LEASE AGREEMENT, DATED JULY 1, 2013, BETWEEN 3570 BAYSHORE DRIVE, LLC AND BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY FOR CRA STAFF OFFICE SPACE Item #16C1 A $255,595 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-57 TO HASKINS, INC., UNDER PROJECT NUMBER 70019, "CROSS CONNECTION CONTROL PROGRAM"; AND APPROVE THE NECESSARY BUDGET AMENDMENT - REPLACING 1,000 UNDERGROUND DOUBLE Page 187 April 26, 2016 CHECK VALVES APPROXIMATELY 20 YEARS OLD WITH ABOVE GROUND BACKFLOW DEVICES Item #16C2 A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF THE OPERATING PERMITS FOR THE DEEP INJECTION WELL SYSTEMS AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT — REQUIRED FOR THE PERMIT RENEWAL APPLICATION Item #16C3 A $419,355.68 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-59 TO QUALITY ENTERPRISES USA, INC., FOR PROJECT NUMBER 71010, "VANDERBILT DRIVE 12-INCH WATER MAIN REPLACEMENT." — BETWEEN THE DUNES AND THE MARINA BAY CLUB Item #16C4 REVIEW THE FINDINGS OF THE RISK ASSESSMENT REPORT FOR THE UTILITY OF THE CITY OF EVERGLADES; ADVISE THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) THAT THE COUNTY IS NOT IN A POSITION TO ACCEPT OWNERSHIP OR SERVE AS THE OPERATOR OF THE CITY OF EVERGLADES UTILITY AT THIS TIME AND ENCOURAGE THE CITY OF EVERGLADES TO WORK WITH APPROPRIATE FEDERAL AND STATE Page 188 April 26, 2016 AGENCIES FOR ASSISTANCE TO ACHIEVE FULL PERMIT COMPLIANCE AND OPERATIONAL RELIABILITY IN THE UTILITY — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 FIVE LANDLORD PAYMENT AGREEMENTS, ALLOWING THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS GRANT PROGRAM — AGREEMENTS WITH BIG CYPRESS HOUSING CORP., EDEN GARDENS APARTMENTS LIMITED PARTNERSHIP, EDEN GARDENS II, LLC, EVERGLADES SUPPORTIVE HOUSING, LLC AND OAK MARSH, LLC Item #16D2 FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. TO CLARIFY TENANT INCOME LIMITS AND AFFORDABLE RENTAL REQUIREMENTS — REMOVING LANGUAGE THAT IS INCONSISTENT WITH THE REQUIREMENTS Item #16D3 AMENDMENT NO. 1 TO THE PARKS AND RECREATION DIVISION FACILITY USE MEMORANDUM OF UNDERSTANDING WITH THE NAPLES BMX, INC — PROVIDING THE OPTION TO RENEW FOR TWO ONE-YEAR Page 189 April 26, 2016 PERIODS, SCHEDULE CHANGES AND NAPLES BMX OBLIGATIONS Item #16D4 RESOLUTION 2016-75: THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2016/2017, 2017/2018 AND 2018/2019, SIGN ASSOCIATED DOCUMENTS, AUTHORIZE SUBMISSION TO THE FLORIDA HOUSING FINANCE CORPORATION Item #16D5 A SUBSTANTIAL AMENDMENT TO COLLIER COUNTY'S U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLANS FOR FY2011/2012, FY2012/2013, FY2013/2014, AND FY2014/2015 FOR THE YOUTH HAVEN SAFE AND SECURE HOMES PROJECT IN ORDER TO SHIFT FUNDS ALLOCATED TO REPAVING ACTIVITIES TO THE INSTALLATION OF FIBER-OPTIC CABLE AND NETWORK EQUIPMENT Item #16D6 — Moved to Item #11G (Per Agenda Change Sheet) Item #16D7 AN "AFTER-THE-FACT" AMENDMENT, ATTESTATION STATEMENT AND BUDGET AMENDMENT AWARD FOR THE NUTRITION SERVICES INCENTIVE PROGRAM FROM AREA Page 190 April 26, 2016 AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (NET FISCAL IMPACT $6,574.30) — WITH REGARDS TO NSIP 203.15 Item #16D8 AN AFTER-THE-FACT AMENDMENT TO THE COMMUNITY CARE FOR THE ELDERLY AND THE HOME CARE FOR THE ELDERLY PROGRAMS AND ATTESTATION STATEMENTS WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR SERVICES FOR SENIORS PROGRAMS (NO FISCAL IMPACT) — CHANGES REGARDING ADVANCE PAYMENTS, INVOICE SUBMITTAL AND REQUESTS FOR PAYMENT EFFECTIVE FEBRUARY 19, 2016 Item #16D9 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR 50 OWNER-OCCUPIED AFFORDABLE HOUSING UNITS LOCATED AT LEGACY LAKES, IMMOKALEE, FLORIDA — DEFERING $821,508 IN IMPACT FEES Item #16D10 REJECTING THE SOLE RESPONSE RECEIVED FOR INVITATION TO BID #16-6570 FOR POOL HEATER/COOLER REPAIR — STAFF TO MODIFY THE SOLICITATION TO PROMOTE A BROADER PARTICIPATION/COMPETITION BY UTILIZING DIFFERENT PRICE METHODOLOGY ON LABOR AND MATERIAL COSTS Page 191 April 26, 2016 Item #16D11 CHANGE ORDER #05 TO CONTRACT NO. 14-6320, ADDING ONE HUNDRED TWENTY (120) DAYS AND INCREASING THE TOTAL PROJECT COST BY $69,623.72, TO DANELLA UTILITY CONSTRUCTION INC., ON THE VANDERBILT BEACH MSTU (THE "MSTU") UNDERGROUND UTILITY CONVERSION PROJECT PHASE II AND III AND APPROVE AN AGREEMENT WHEREIN FLORIDA POWER & LIGHT COMPANY ("FPL") AGREES TO PAY REPAIR COSTS ASSOCIATED WITH THE IMPROPER INSTALLATION OF CONDUIT Item #16D12 TIME EXTENSION TO CONTRACT NUMBER AQQ85, JOINT PARTICIPATION AGREEMENT (JPA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION UNDER THE STATE TRANSIT SERVICE DEVELOPMENT PROGRAM, TO PROVIDE FUNDING TO MAKE NECESSARY IMPROVEMENTS TO BUS STOPS IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) — EXTENDING THE GRANT UNTIL DECEMBER 31, 2017 Item #16D13 A RELEASE OF DECLARATION OF RESTRICTIONS WHERE THE TERM HAS BEEN MET FOR RENOVATION OF RENTAL UNITS TARGETED TO LOW-INCOME RESIDENTS BY IMMOKALEE NON-PROFIT HOUSING, INC. A.K.A. IMMOKALEE HOUSING & FAMILY SERVICES WITH Page 192 April 26, 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS ORIGINALLY APPROVED IN FY 2009-2010 ACTION PLAN — LOCATED AT 2449 SANDERS PINE COURT, FOLIO #00082961109 Item #16D14 STAFF'S FINDINGS AND RECOMMENDATIONS REGARDING THE BRISTOL PINES PETITION, RENDER A DECISION REGARDING THIS PETITION, AND ENSURE THE REQUEST IS IN HARMONY WITH ALL THE APPLICABLE CODES AND REGULATIONS IN ORDER TO ENSURE THAT THE COMMUNITY'S INTERESTS ARE MAINTAINED; AND SPECIFICALLY, (A) APPROVE LIEN AGREEMENTS WITH BRISTOL PINES, LLC. [SOBELCO] (DEVELOPER) FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR 14 OWNER-OCCUPIED AFFORDABLE HOUSING UNITS LOCATED AT BRISTOL PINES II, NAPLES, FLORIDA FOR AFFORDABLE HOUSING UNITS ALREADY ISSUED A PERMIT, AND (B) APPROVE A SETTLEMENT AGREEMENT CONFIRMING THE NUMBER OF AFFORDABLE UNITS REQUIRED TO BE OCCUPIED IN THIS DEVELOPMENT, AND ASSIGNING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT TO THE DEVELOPER — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E1 CONVEYANCE OF A UTILITY FACILITY WARRANTY DEED AND BILL OF SALE, AND UTILITY EASEMENT TO THE COLLIER COUNTY WATER-SEWER DISTRICT FOR WATER Page 193 April 26, 2016 AND WASTEWATER INFRASTRUCTURE TO SERVICE EMS STATION #76, 790 LOGAN BOULEVARD NORTH, NAPLES FLORIDA — ALONG VANDERBILT BEACH ROAD, FOLIO #41820800009 Item #16E2 A BILL OF SALE CONVEYING THE FIRE SUPPRESSION FACILITIES INSTALLED BY THE COLLIER COUNTY WATER- SEWER DISTRICT TO BLUE SKY'S CO-OP, INC. MOBILE HOME PARK FOR OWNERSHIP AND MAINTENANCE CONSISTENT WITH EXISTING UTILITY STANDARDS — LOCATED ON RADIO ROAD, FOLIO #24207502866 Item #16E3 — Moved to Item #11H (Per Agenda Change Sheet) Item #16E4 A SECOND AMENDMENT TO LEASE, EXTENDING AN EXISTING LEASE WITH DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION, INC. FOR AN ADDITIONAL TEN YEARS AUTHORIZING DROP ANCHOR TO OCCUPY SPACE WITHIN COUNTY-OWNED RIGHT-OF-WAY IN GOODLAND — ALONG PAPAYA STREET Item #16E5 AMENDMENT NO. 11 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION PROGRAM Page 194 April 26, 2016 Item #16E6 AWARD INVITATION TO BID (ITB) #16-6585 "GOLDEN GATE COMMUNITY CENTER RE-ROOF/REPAIRS" TO CROWTHER ROOFING & SHEET METAL FL, INC., TO REMOVE AND REPLACE AND REPAIR THE DETERIORATED ROOFING ON THE GOLDEN GATE COMMUNITY CENTER IN THE AMOUNT OF $104,800 — FOR REMOVAL AND REPLACEMENT OF THREE SECTIONS DUE TO WATER PENETRATION AND REPAIRS TO OTHER FOUR SECTIONS Item #16E7 A SECOND AMENDMENT TO RADIO TOWER LEASE AGREEMENT WITH CROWN CASTLE GT COMPANY LLC TO ADD EQUIPMENT REQUIRED FOR THE APPROVED UPGRADE OF THE COUNTY'S PUBLIC SAFETY RADIO SYSTEM — LOCATED IN NORTH NAPLES Item #16E8 AWARD INVITATION TO BID (ITB) #16-6545 "CONTRACT LABORERS," TO BALANCE PROFESSIONAL, INC. AS THE PRIMARY, AND TRP PARTNERS LLC AS THE SECONDARY, FOR COUNTYWIDE TEMPORARY LABOR SERVICES AND AUTHORIZE THE CHAIRMAN TO EXECUTE CONTRACTS WITH THE VENDORS Item #16E9 Page 195 April 26, 2016 CORPORATE PARTNERSHIP AGREEMENT BETWEEN HODGES UNIVERSITY AND COLLIER COUNTY PROVIDING FOR DISCOUNTED TUITION RATES TO EMPLOYEES; AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT Item #16E10 REJECT REQUEST FOR QUOTE #16-6559 EMS TERM LOAN AND TO FUND THE REPLACEMENT OF THE CURRENT MECHANICAL COMPRESSION DEVICES WITH THE LUCAS 2 MECHANICAL COMPRESSION DEVICES UTILIZING A PROMOTIONAL INTEREST FREE LOAN AGREEMENT BETWEEN PHYSIO CONTROL AND USBANK EQUIPMENT FINANCE — TAKING ADVANTAGE OF 0% INTEREST FOR A 5 YEAR TERM Item #16F1 RESOLUTION 2016-76: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Item #16F2 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — BUDGET AMENDMENTS #16-325 (DOMESTIC ANIMAL Page 196 April 26, 2016 SERVICES DONATIONS) AND #16-326 (ANIMAL CONTROL SPAY/NEUTER TRUST) Item #16G1 REJECT BID NO. 16-6557 - AUTOMATED WEATHER OBSERVATION SYSTEM (AWOS) PROJECT NO. 33452 AND RE-SOLICIT THE PROJECT — THE LOWEST BIDDER WAS 47% HIGHER THAN THE ESTIMATED COST Item #16H1 RESOLUTION 2016-77: APPOINTING JOHN PSARAS TO CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE TO A THREE YEAR TERM EXPIRING FEBRUARY 11, 2019 Item #16H2 RESOLUTION 2016-78: RE-APPOINTING MAURICE GUTIERREZ, SANDRA E. ARAFET AND VICTORIA NICKLOS TO THE BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE Item #16H3 RESOLUTION 2016-79: RE-APPOINTING CHARLES GUNTHER, PETER DVORAK AND KAREN BEATTY TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD WITH TERMS EXPIRING MAY 22, 2019 Page 197 April 26, 2016 Item #16H4 RESOLUTION 2016-80: APPOINTING DR. SHAWN J. KHAN AS AN ALTERNATE CITIZEN MEMBER TO THE VALUE ADJUSTMENT BOARD Item #16H5 RESOLUTION 2016-81 : APPOINTING GEORGE FOGG TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE TO A TERM EXPIRING APRIL 21, 2020 Item #16H6 REQUESTS FROM THE COUNTY'S MEDICAL DIRECTOR AND DEPUTY MEDICAL DIRECTOR FOR COMPENSATION MODIFICATION PURSUANT TO THEIR RESPECTIVE CONTRACTS AND THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16I1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Page 198 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS April 26, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. CLERK OF COURTS: 1) Items to be Authorized by BCC for Payment: B. DISTRICTS: 1) Cedar Hammock Community Development District: Meeting Agenda 02/08/2016 Meeting Minutes 02/08/2016 2) Heritage Greens Community Development District: Meeting Agenda 02/22/2016 Meeting Minutes 02//22/016 3) Naples Heritage Community Development District: Meeting Agenda 03/01/2016 Meeting Minutes 03/01/2016 4) Port of the Islands Community Improvement District: Meeting Agenda 01/15/2016 Meeting Minutes 01/15/2016 5) Winding Cypress Community Development District: Proposed FY16/17 Budget C. OTHER: Collier County Housing Authority: Annual Filing Notice; FY15/16 Meeting Schedule; Independent Auditors, Barton, Gonzalez & Myers, P.A Audit Report for the Year Ending September 30, 2015 April 26, 2016 Item #16J1 — Year corrected (Per Agenda Change Sheet) RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN MARCH 31 TO APRIL 13, 241-3- 2016 41-32016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 — Continued Indefinitely (Per Agenda Change Sheet) TO PROVIDE A "PAYABLES REPORT" FOR THE PERIOD ENDING APRIL 13, 2016 PURSUANT TO THE BOARD'S REQUEST Item #16J3 A BUDGET AMENDMENT RECOGNIZING $1,305,000 IN REVENUES AND EXPENDITURES IN THE SHERIFF'S FY206 GENERAL FUND BUDGET — FOR UNSPENT FEES THAT ARE TURNED BACK TO THE BOARD AFTER THE CLOSE OF THE FISCAL YEAR Item #16K1 A JOINT MOTION AND PROPOSED STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $12,500 FOR PARCEL 175RDUE IN THE CASE STYLED COLLIER COUNTY V. CHRISTOPHER WARBURTON, ET AL., CASE NO. 15-CA-335 REQUIRED FOR THE WIDENING OF GOLDEN GATE BOULEVARD, PROJECT NO. 60040. (FISCAL IMPACT: $3,300) Page 199 April 26, 2016 Item #16K2 THE EXPENDITURE TO RETAIN JIM NULMAN OF NULMAN MEDIATION SERVICES TO SERVE AS MEDIATOR FOR A PRE-SUIT MEDIATION WITH AFFORDABLE LANDSCAPING AS REQUIRED BY THE STANDARD COUNTY CONTRACT BETWEEN THE PARTIES Item #16K3 THE RELEASE AND WAIVER REQUIRED TO FINALIZE THE COUNTY'S PENDING LITIGATION WITH THE DEPARTMENT OF JUVENILE JUSTICE AS REQUIRED BY SECTION 985.6865, FLORIDA STATUTES, JUVENILE DETENTION (EFFECTIVE MARCH 29, 2016) — PROVIDING A 50/50 SPLIT BETWEEN THE COUNTIES AND STATE FOR THE JUVENILE DETENTION COSTS Item #17A RESOLUTION 2016-82: PETITION VAC-PL20150002813, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 15-FOOT DRAINAGE EASEMENT LOCATED ALONG THE BORDER BETWEEN LOTS 2 & 3, OF NORTH COLLIER INDUSTRIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGES 50 THROUGH 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT A REPLACEMENT EASEMENT Page 200 April 26, 2016 Item #17B — Moved to Item #9A (Per Agenda Change Sheet) Item #17C — Moved to Item #9B (Per Agenda Change Sheet) Item #17D RESOLUTION 2016-83: PETITION VAC-PL20160000324, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 18-FOOT DRAINAGE AND MAINTENANCE EASEMENT LOCATED ALONG THE REAR BORDER OF LOT 125, VILLAGES OF MONTEREY AT WOODBRIDGE, UNIT FOUR AS RECORDED IN PLAT BOOK 17, PAGE 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17E RESOLUTION 2016-84: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Item #17F ORDINANCE 2016-11 & RESOLUTION 2016-85: AMENDING SECTION TWELVE OF THE BOARD'S PURCHASING ORDINANCE (ORDINANCE NO. 2013-69, AS AMENDED), TO INCORPORATE A PROCEDURE TO ACCEPT UNSOLICITED PROPOSALS (THROUGH PUBLIC PRIVATE PARTNERSHIPS — Page 201 April 26, 2016 "P3'S") AND APPROVE A RESOLUTION THAT ESTABLISHES AN APPLICATION FEE REQUIRED BY PRIVATE ENTITIES WISHING TO SUBMIT UNSOLICITED PROPOSALS FOR QUALIFYING PUBLIC PROJECTS ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:47 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF 4a714CIAL DISTRICTS UNDER ITS CONTROL 4o DONNA FIALA, CHAIRWOMAN ATTEST DWIGHT ` BROCK, CLERK IC ,WU.19-1C9A-1464'(- (.. ; as to Ch' ' anS 4. 4� �°lli+ 11t'IY These minutes approved by the Board on cJau 116 , as presented or as corrected . 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