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BCC Minutes 05/24/2016 R BCC REGULAR MEETING MINUTES May 24, 2016 May 24, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 24, 2016 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Tom Henning Georgia Hiller Tim Nance Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY ot I I, r AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 May 24, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Tim Nance, District 5 —BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair Commissioner Tom Henning, District 3 — PSCC Representative Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 May 24, 2016 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Jim Thomas - East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. April 26, 2016 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS Page 2 May 24, 2016 4. PROCLAMATIONS A. Proclamation honoring Vietnam veterans during the national commemoration of the 50th anniversary of the Vietnam War and to express our gratitude for their service, valor and sacrifice. To be accepted by Sgt. John Blatner, retired, U.S. Army, Marjorie Goff, who served as a nurse in the U.S. Air Force and Heriberto "Eddie" Hartnack, Collier County Veterans Services Manager. B. Proclamation designating May 23 to 25, 2016, as Collier RETIS Symposium Days in Collier County. To be accepted by Cristele Couget, Deleguee Generale — Executive Director, EBN France by RETIS. 5. PRESENTATIONS 6. PUBLIC PETITION Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration of Item #16J4 from the May 10, 2016 BCC Meeting. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. Recommendation to adopt a resolution approving the proposed Project Nikita as a qualified applicant to Florida's Qualified Target Industry (QTI) Tax Refund program, providing up to $560,000 of local financial support for a corporate headquarters project which will create 560 new quality jobs in Collier County, Florida. (Jace Kentner, Office of Business and Economic Development Interim Director) Page 3 May 24,2016 B. Recommendation to approve a matching commitment of cash or in-kind services for the proposed Project Nikita as a qualified applicant for the Quick Action Closing Fund (QACF), providing up to $600,000 of local financial support for the corporate headquarters project which will create 560 new quality jobs in Collier County, Florida. (Jace Kentner, Office of Business and Economic Development Interim Director) C. Recommendation to authorize the Chairman to send a letter to the Marco Island City Council requesting clarity on the funding, timing, and scope for the Goodland Drive (92A) Roadway Improvements. (Nick Casalanguida, Deputy County Manager) D. Recommendation to Award Bid Number 16-6602, "Naples South Water Main Replacement," to Kyle Construction, Inc., in the amount of$1,392,752.40. (Project Number 71010) (Tom Chmelik, Public Utilities Engineering Division Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 9:30 a.m. Presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2015 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will Page 4 May 24,2016 be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to award contract under Request for Proposal (RFP) #16-6544 "Growth Management Division Planning and Regulation Staffing" to Nova Engineering and Environmental, LLC, to provide temporary staffing and services to the Growth Management Department. 2) Recommendation to approve an amendment to Resolution 2006-200, as amended, which establishes the Floodplain Management Planning Committee, to amend the committee membership to allow for: 1) The County Manager to appoint County staff alternates with voting capabilities, 2) The County staff members and alternates the ability to reside outside of Collier County, and 3) Incorporated Municipalities the ability to appoint alternates with voting capabilities to the Floodplain Management Planning Committee. 3) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for The Quarry Phase 3A, PL20110001151, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. 4) Recommendation to approve final acceptance of the water and sewer facilities for Watercourse at Talis Park, PL20130002297 and PL20130002621, accept unconditional conveyance of a portion of the water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$12,936.58 to the Project Engineer or the Developer's designated agent. 5) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 393RDUE) and a temporary driveway restoration easement (Parcel 393TDRE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. (Project No. 60145.) (Estimated Fiscal Impact: $15,081) Page 5 May 24, 2016 6) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Camden Lakes, PL20130001669, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. 7) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Camden Lakes, Phase C, PL20130002397, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Watercourse at Talis Park Lots 1 — 6, Application Number PL20160000640. 9) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Quarry Phase 3A and Quarry Phase 3 Application Numbers PL20100000831 and PL20110000670 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance securities. 10) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Quarry Phase 4 Replat, Lots 42 Through 75 Application Number PL20120000412, with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security 11) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Quarry Coquina Circle Application Number PL20120001085 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 12) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 6 May 24, 2016 participants are required to be sworn in. Recommendation to approve for recording the final plat of Coquina at Maple Ridge - Phase 2 and 3, (Application Number PL20150002721) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) Recommendation to approve an extension for completion of required subdivision improvements associated with Valencia Lakes - Phase 6-A (AR-5383) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). 14) Recommendation to approve the conveyance of a Revocable Temporary License to the South Florida Water Management District for the installation of a rain gauge and associated telemetry equipment at the County's 43 acre property located on Shady Hollow Boulevard. 15) Recommendation to approve Department of Environmental Protection (DEP) Agreement No. S0859 to recognize grant funding in the amount of up to $750,000 for the construction of the Naples Park Area/Basin Infrastructure Optimization for Stormwater, Water and Sewer. (Phase I) (Project Number #60139 and #70120) 16) Recommendation to reject all bids received for Invitation to Bid #16- 6539 "Pesticides, Fungicides, and Fertilization Applications." 17) Recommendation to review and approve the Fiscal Year 2017 Capital Improvement Plan of the South Florida Water Management District Big Cypress Basin. 18) Recommendation to recognize the Collier Metropolitan Planning Organization's (MPO) Transportation Disadvantaged (TD) Planning Grant for FY 16/17 in the amount of$26,077 and authorize the necessary budget amendment. 19) Recommendation to acknowledge the Collier Metropolitan Planning Organization's (MPO) Planning (PL) grant for FY 16/17 and recognize the MPO budget in the amount of$763,514, effective July 1, 2016. 20) Recommendation to award Invitation to Bid #16-6634 "Pine Ridge Road Sidewalk Repairs" to Southern Striping Solutions, LLC d/b/a Page 7 May 24, 2016 Collier Paving & Concrete and authorize the necessary budget amendment. 21) Recommendation to approve and authorize the County Manager to send a Letter of Interest from Collier County to the Jacksonville District of the U.S. Army Corps of Engineers requesting "new start" status. 22) Recommendation to approve a Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) in which Collier County would receive reimbursement in the amount of $460,000 for the purchase of equipment only for the Collier County Traffic Management Center, to execute a Resolution memorializing the Board's action; and to authorize all necessary budget amendments. (Project No. FPN 433178-1-98-01) 23) Recommendation to approve a Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) in which Collier County would receive reimbursement in the amount of $600,000 for the updating of software and traffic signal controllers for the Collier County Traffic Management Center; and to execute a Resolution memorializing the Board's action and authorize all necessary budget amendments. (Project No. FPN 433174-1-98-01) 24) Recommendation to sign "Public Officer Conflict of Interest Certification" related to recently approved Agreement No. 15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program (LAP) funded projects. Growth Management Grant Fund 711. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency approve an After-the-Fact Florida Department of Economic Opportunity grant application submittal to fund an update to the 2000 Bayshore Gateway Triangle Redevelopment Agency Redevelopment Plan totaling $40,000. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to Award Invitation to Bid #16-6590, "Small Meters Change Out Phase 2," to National Metering Services, Inc., in the Page 8 May 24,2016 amount of$359,048.25 for Project Number 70010, "Meter Renewal and Replacement Project." 2) Recommendation to approve a $370,020.03 work order under Request for Quotation 14-6213-60 to Quality Enterprises USA, Inc., under Project Number 70023, "Fire Hydrant Replacement"; and approve the necessary budget amendment. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to adopt a Resolution recognizing and accepting a $20,000 donation from Thomas and Nancy Hester for the purchase of outdoor furniture at the Tony Rosbough Park and approve all necessary budget amendments. 2) Recommendation to authorize and approve support of the Rotary Club of Naples-Collier, Inc. use of Fred W. Coyle Freedom Park for a fundraiser for the Freedom Memorial at no cost to the Rotary Club. 3) Recommendation to approve and authorize the Chairman to execute Landlord Payment Agreement with one landlord, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions Grant Program. 4) Recommendation to approve the acceptance of State Housing Initiatives Partnership Program FY16/17 allocation in the amount of $2,183,568, sign the Fiscal Year 2016-2017 Funding Certification and approve the necessary budget amendment. 5) Recommendation to approve a 20% discount on Collier County Parks and Recreation swimming lesson programs to all Collier County children (age 5 and under) and to authorize Parks and Recreation to promote the discount within the NCH Safe and Healthy Children's Coalition "Water Smart Prescription Booklet." 6) Recommendation to approve an Apiary Agreement (Bee Keeping) for the Caracara Prairie Preserve with Rick Ruby under the Conservation Collier Program and direct the County Manager, or his designee, to implement the Agreement terms. Page 9 May 24, 2016 7) Recommendation to approve the five-year update of the Final Management Plan for the Conservation Collier Panther Walk Preserve. 8) Recommendation to approve the expenditure of Beach Park Facilities Tourist Development Tax funds in the amount of$58,803 for the purchase of wildlife proof waste receptacles for Collier County beach park facilities, award ITB No. 16-6623 to Wausau Tile, and make a finding that this expenditure promotes tourism. 9) Recommendation to waive transit fare for Collier Area Paratransit passengers requiring transportation for a functional assessment or travel training as part of the Americans with Disabilities Act (ADA) program's eligibility process. 10) This item continued from the April 12, 2016 BCC Meeting. Recommendation to approve Change Order #1 to McGee & Associates for safety improvements associated with the design plans to the sidewalk/pathway connecting the Collier County beach parking lot at the end of Seagate Drive to the North Gulf Shore Boulevard beach access for $5,140 and make a finding that this expenditure promotes tourism. 11) Recommendation to authorize the Chairman to sign a Subordination Agreement with Community Housing Capital (senior lender) and Oak Marsh, LLC (buyer) and Florida Housing Financing Corporation (subordinate lender) and Oak Marsh, LLC for properties being purchased from Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing and Family Services, in order to transfer the previous Declaration of Restrictive Covenants placed on these properties for Community Development Block Grant activities to the new owner. 12) Recommendation to declare that the execution of the Impact Fee Deferral lien with a homeowner under Article IV of Chapter 74 of the Code of Laws and ordinances is administrative and ministerial, and to allow the county manager to sign deferral agreements, per the approved ordinance; with after-the-fact Board ratification. 13) This item continued from the May 10, 2016 BCC Meeting. Recommendation to approve First Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc., to shift Page 10 May 24, 2016 remaining project delivery funds between line items in order to fully expend remaining awarded funds for acquisition. There is no net fiscal impact. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution #2004-15 for the second quarter of FY16. 2) Recommendation to approve and execute a Second Amendment to Agreement providing a 6-month time extension to allow for the receipt and installation of equipment for the Greater Naples Fire District with respect to funding by the GAC Land Trust. 3) Recommendation to award Contract #16-6564 Collier County Space Planning Services to AECOM for professional facilities master planning services. 4) Recommendation to approve an Amended and Restated First Amendment to Ground Lease Agreement for Communications Tower and a Short Form Tower Agreement with CCATT LLC on behalf of Parks and Recreation/Public Services. 5) Recommendation to approve a First Amendment to City of Naples Airport Authority Leasehold Agreement Land Lease North Quadrant Land Fill Site for the Naples Recycling Center on behalf of Solid Waste Division. 6) Recommendation to approve a First Amendment to Lease Agreement with Horseshoe Drive Development, L.C., for office space to be utilized by the Growth Management Division. 7) Recommendation to adopt a resolution authorizing the cancellation of 2016 taxes upon a fee-simple interest in land Collier County acquired by Warranty Deed for Conservation Collier and without monetary compensation (on behalf of Public Services Department). 8) Recommendation to accept the report for the sale of items and Page 11 May 24, 2016 disbursement of funds associated with the County surplus auction held on April 16, 2016. 9) Recommendation to approve the rankings of firms under the Request for Proposal (RFP) #16-6597, "Collier County Jail Master Plan" and to direct staff to negotiate a contract with the top ranked firm, AECOM Technical Services, Inc. F. COUNTY MANAGER OPERATIONS 1) Recommendation to award Invitation to Bid (ITB) #16-6644, for Lake Aeration for Pelican Bay to DeAngelo Brothers, LLC d/b/a Aquagenix ("Aquagenix") for $97,200 under Project #50108, "Lake Aeration for Pelican Bay." 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 3) Recommendation to award Invitation to Bid (ITB) #16-6612 for Calsense Irrigation Control System and Supplies to SiteOne Landscape Supply for $105,290.34 under Project #51145, "Calsense Irrigation Control System and Supplies." 4) Recommendation to provide after-the-fact approval for the submittal of the Economic Development Administration (EDA) grant application to the Economic Department Administration (EDA) for the Immokalee Culinary and Agribusiness Accelerator in the amount of a $800,000. G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the Chairman to execute the attached Resolution officially naming the County-owned airport northeast of Marco Island the Marco Island Executive Airport. 2) Recommendation to approve the submittal of a grant application to the Federal Aviation Administration in the amount of$75,500 for the design and bid of the rehabilitation of Taxiway B at the Immokalee Regional Airport. Page 12 May 24, 2016 3) Recommendation to approve the submittal of a grant application to the Federal Aviation Administration in the amount of$168,975 to update the Airport Layout Plan (ALP) for the Immokalee Regional Airport. 4) Recommendation to approve a Resolution authorizing execution of Supplemental Joint Participation Agreement (JPA) Number One to Contract No. G0576 with the Florida Department of Transportation to provide additional funds in the amount of$11,200 and extend the contract for a fuel truck for the Immokalee Regional Airport (Project 33451), and authorize the necessary budget amendments. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint two Commissioners as regular members and three Commissioners as alternate members to the Value Adjustment Board (VAB). 2) Recommendation to appoint two members to the Coastal Advisory Committee. MISCELLANEOUS CORRESPONDENCE 1) Items to be Authorized by BCC for Payment J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Naples Bath & Tennis Club Commons Area, Inc. 2) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between April 28 and May 11, 2016 pursuant to Florida Statute 136.06. 3) To provide to the Board a "Payables Report" for the period ending May 18, 2016 pursuant to the Board's request. Page 13 May 24, 2016 K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against James Johnson in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair of a light pole in the amount of$7,209.64, plus costs of litigation. 2) Recommendation to authorize application for tax deeds for four (4) County-held tax certificates and the forwarding of a written notice to proceed with tax deed applications to the Tax Collector. 3) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit styled Tracy Fuller v. Collier County (Case No. 15-CA-000515), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. 4) Recommendation to approve a settlement with Pinegate 135, LLC in the amount of$35,000 for all attorney's fees and experts' fees for the taking of Parcels 150FEE, 150SE and 150TCE in the case styled Collier County v. LDJ Associates, LLC, et al., Case No. 13-CA-1238 required as part of the widening of Collier Boulevard from Green Boulevard to Golden Gate Boulevard. (Project No. 68056) (Fiscal Impact: $35,000) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. Page 14 May 24, 2016 A. Recommendation to approve the Davis — Radio Commercial Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and to transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20150002541/CPSS-2015-4) [Companion to Rezone Petition -PL20140002642] B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to amend Ordinance No. 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Commercial Intermediate District (C-3) zoning district to the General Commercial District (C-4) zoning district for a project known as the Davis-Radio Rezone located on the south side of Radio Road, 650 feet west of the intersection of Davis Boulevard and Radio Road in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.81± acres; and by providing an effective date. [RZ-PL20140002642] (Companion PL20150002541/CPSS-2015-4) C. This item continued to the June 14, 2016 BCC Meeting. Recommendation to approve a resolution designating the Close-Out of the adopted Twelve Lakes Planned Unit Development (PUD) which has completed all or a portion of its development and has constructed up to the authorized density and/or intensity, and has been found by County staff to have only one relevant transportation commitment remaining. D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 May 24, 2016 May 24, 2016 CHAIRMAN FIALA: Will the meeting finally come to order. I had to reorganize the dais here a little bit. Well, thank you all for being here this morning, and we really appreciate that you come by and join us for the meeting. And with that, I'll ask you to stand, and we're going to hear the reverend in prayer. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION GIVEN BY PASTOR JIM THOMAS, EAST NAPLES UNITED METHODIST CHURCH PASTOR THOMAS: May we pray. Lord, we come to you this morning asking for the help of the spirit as we offer our prayer in the name of our savior. Father, we come asking for guidance, for wisdom. We ask you, Lord, to keep us on the path that we should go and, Lord, when we come to make decisions, we pray for wisdom. Be they personal decisions or be they decisions that will affect many, we pray for your guidance and direction. Lord, we thank you for the many, many blessings that you've given us, and we thank you, Father, that you pick us up and carry us through our times of trial. We offer this prayer in your name. Amen. CHAIRMAN FIALA: Reverend Jim Thomas, thank you very much. And, Commissioner Taylor, will you lead us in the pledge. COMMISSIONER TAYLOR: I'd be honored to. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you, everybody. Page 2 May 24, 2016 Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO CORRECT A SCRIVENER'S ERROR IN REGARDS TO ITEMS #16J3 AND #16J4 FROM THE MAY 10, 2016 BCC MEETING WITHOUT RECONSIDERATION — APPROVED; APPROVED AND/OR ADOPTED W/CHANGES Now we're going to start with the ex parte from our commissioners and any changes or corrections on the agenda. MR. OCHS: Madam Chair, may I go first? I have a few more changes so the Board could consider the entire change sheet. CHAIRMAN FIALA: I'm sorry. I should have called on you first, Leo. MR. OCHS: No problem. Thank you, ma'am. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of May 24, 2016. The first proposed change is to add Item 10B to today's agenda. This is an add-on item at Commissioner Hiller's request. The next proposed change is to move Item 16D4 to the regular agenda. It will become Item 11E. That item is moved at Commissioner Fiala's request. The next proposed change is to move Item 16D13 from the consent agenda. That would become Item 11F. That is moved at Commissioner Fiala's request. The next proposed change is to add Item 16E10 to your consent Page 3 May 24, 2016 agenda. That was a staff request. I had sent the board a memorandum on that yesterday. The next proposed change is to continue Item 16F1 to the June 14, 2016, BCC meeting due to a bid protest. The next proposed change is at that Board -- with regard to 16J2 on your consent agenda, that the Board makes a finding that the expenditures contained in this report serve a valid public purpose and authorize the Clerk to make disbursement. The next proposed change is to continue Item 16J3 indefinitely until such time as the Clerk certifies the payables presented in the report have been pre-audited as specified previously by the Board. That is at Commissioner Fiala's request. Commissioners, I have one agenda note on the change sheet, and it has to do with a correction of a transposition error that I made in reading the change sheet at your last board meeting of May 10th. I had inadvertently transposed the two agenda items, so I'd like to correct that for the record as outlined on your change sheet. The correct action should have been to continue Item 16J4, not J3, from your May 10th agenda indefinitely until such time as the Clerk certifies that those payables presented in the report had been pre-audited as previously specified by the Board, and 16J3 from your May 10th agenda, which was your disbursement report. I would like the Board and the record to reflect that the Board make a finding that those expenditures serve a valid public purpose and authorize the Clerk to make disbursement. We have two time-certain items on today's agenda. The first is at 9:30, and that is the report from your external auditor on your comprehensive financial report, and at 9:45 you will hear Item 11C, and it's the item related to the Goodland Drive improvements. Also today, Commissioners, public comments on general topics not on the current or future agenda will be heard no sooner than one Page 4 May 24, 2016 p.m. or at the conclusion of the agenda, whichever occurs first. And those are all the changes that I have, Madam Chair. CHAIRMAN FIALA: Thank you, so much. County Attorney? MR. KLATZKOW: No changes this morning, ma'am. CHAIRMAN FIALA: All right. Thank you very much. Okay. Now we'll start with Commissioner Taylor, ex parte. COMMISSIONER TAYLOR: Nothing to declare on ex parte; however, I do have a small question, and maybe we can dispatch it right here. I'm a little concerned about item number, on the consent agenda, 16A17, which is the capital improvement plan of South Florida Water Management. This is going to be local, right, this -- local control; is that correct? MR. CASALANGUIDA: Yes, ma'am. For clarification, we mutually approve our capital programs with the agreement we have with the district. And in one item they have a SCADA system. And I think the concern expressed by several board members was that it would be locally controlled and managed, and I think we can address this by the County Manager's Office issuing a letter that this was approved, to the BCB board, saying, subject, that this is locally controlled and managed. COMMISSIONER TAYLOR: That's good. All right. So you will send -- our chairman will send a letter, right? MR. CASALANGUIDA: Yes, ma'am, or it can just be an administrative letter from us to their administrative section just making sure that -- letting them know what the conditions of approval were. COMMISSIONER TAYLOR: Okay. However you decide. If our chairman wants to do it -- do we not agree as a board -- COMMISSIONER NANCE: Yes. CHAIRMAN FIALA: Yes. As long as -- if you send the letter, just send us all a copy so we all have it. Page 5 May 24, 2016 MR. OCHS: Madam Chair, I'd suggest that we draft a letter for your signature and with the Board's concurrence -- CHAIRMAN FIALA: Good. MR. OCHS: -- if that's all right. CHAIRMAN FIALA: Fine with me. COMMISSIONER NANCE: It's my understanding we've got nine new structures coming online with the basin, and I think -- I think that local control that's been demonstrated in recent times has served us very well. I think they did an outstanding job working together with the new relationship. So I certainly support that. I think it's very important. MR. CASALANGUIDA: Good. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Any other comments from board members? (No response.) CHAIRMAN FIALA: Okay. Very good. We all agree with that. COMMISSIONER TAYLOR: Good. Thank you. And there's nothing else. Thank you very much. CHAIRMAN FIALA: Okay. Very good. Commissioner Nance. COMMISSIONER NANCE: No further changes, ma'am. I've -- as far as ex parte on Item 17B, the Davis/Radio rezone, I've read the staff report but no other disclosures today. Thank you. CHAIRMAN FIALA: Okay. And then for me, on 16AB (sic), I met with Bruce Anderson, but it was back in 2013. I didn't know how far back I'm supposed to go, so I'm just noting that. That was the Talis Park. And then on 17B, which is the Davis/Radio rezone, I've just talked with staff about that. MR. OCHS: Madam Chair, what was the first agenda reference Page 6 May 24, 2016 with Mr. Anderson? CHAIRMAN FIALA: 16A8. I'm sorry. I didn't mention that. MR. OCHS: Thank you, ma'am. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: No disclosures. No changes. CHAIRMAN FIALA: Commissioner Nance -- or Commissioner Henning. COMMISSIONER HENNING: Good morning. I have no ex parte communication on today's agenda; however, the change sheet, the Board voted on items of May 10th. There really needs to be a reconsideration for the correction of the, sounds like a, mistake that the -- actually Commissioner Fiala had asked to continue indefinitely until the preaudit's done. That item needs to be reconsidered instead of corrected on the record. CHAIRMAN FIALA: Which one is that again? I'm so sorry. COMMISSIONER HENNING: The note on today's agenda stating that the item that was supposed to be continued indefinitely was the wrong item; however, the Board voted on the agenda the last meeting, and the proper way to do it is to reconsider and put it on a future agenda. CHAIRMAN FIALA: County Attorney? MR. KLATZKOW: I don't have an issue with that. That's fine. CHAIRMAN FIALA: Okay. It doesn't make any difference to me if that's what we need to do. Is that -- will that work with you guys, or is it -- I'm not quite sure. I wish I knew what that -- I'm trying to find it right here. Which one is that? 16D. MR. OCHS: Ma'am, that was 16J4 from your last agenda on May 10th. And that was my error. I incorrectly transposed an agenda item. COMMISSIONER HENNING: Well, who's asking for these to Page 7 it May 24, 2016 be reconsidered then? Is it Commissioner Fiala, or is it the County Manager? MR. OCHS: Well, sir, it's me correcting my mistake and, actually, during the course of the meeting last week, Ms. Kinzel and Ms. Morgan were good enough to remind me of that. So we spoke after the meeting, and I indicated I would bring it forward at this meeting to get that error corrected. But if there's another way to do that or a more preferred way to do that, it's up to the Board. I just want to get it right. CHAIRMAN FIALA: Is there? COMMISSIONER NANCE: Well, I don't know. This is something that's been continued at every meeting for some time. So I don't know why we want to reconsider something the Board has supported over and over and over. I'm in favor of just correcting it as a scrivener's error and let it go on. CHAIRMAN FIALA: And you and I talked in my office, and I was fine with that, too. I just figure that something as a scrivener error doesn't need to go back for a full board hearing. But how does everybody else feel on here? COMMISSIONER TAYLOR: What does legal say, County Attorney? MR. KLATZKOW: We're talking about -- and, Leo, correct me if I am wrong -- a disbursement report and a payables report. MR. OCHS: Yes, sir. MR. KLATZKOW: Okay. MR. OCHS: None of which were heard or discussed. It was my error when I set the agenda. MR. KLATZKOW: No, I understand. So it's not like that there was a discussion amongst the Board or a decision made, which is usually when you do a reconsideration. If you want to correct the record, reconsideration's a fine way to Page 8 May 24, 2016 do it. We could do it that way. We can do it by just the Board declaring it was a scrivener's error, doing it that way. The end result is that whatever the Board does, what happened happened. COMMISSIONER NANCE: I'm going to make a motion we just declare that it's a scrivener's error and dispatch this item without further discussion. COMMISSIONER HILLER: I second it. CHAIRMAN FIALA: Okay. I have a motion and a seconder. Any further comments? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: And the reason I voted "aye" on this is the testimony of our county attorney. I am concerned about form and content and doing things correctly, but if it corrects it in the proper way, then I'm satisfied. Thank you. MR. KLATZKOW: Usually you correct the minutes but, unfortunately here, the minutes didn't really reflect the error, you know. So we can't do it by correcting the minutes. Reconsidering something that you guys do perfunctory anyway doesn't strike me as something that needs to be done. So I think the record's now corrected. CHAIRMAN FIALA: Very good. Thank you. So then -- and, Commissioner Hiller, did you have anything, or did we ask you already? No. We were already to Commissioner Henning. COMMISSIONER HILLER: I was just going to essentially say Page 9 May 24, 2016 the same thing that Commissioner Nance said in terms of what the corrective action should be on this item. It makes most sense to do what we just voted on. CHAIRMAN FIALA: Okay, fine. And then, Commissioner Henning, did you have anything else? I'm sorry that didn't go your way, but -- COMMISSIONER HENNING: No, that's all right. I'm always okay with that. It's just the way it is. I don't have anything else. CHAIRMAN FIALA: Okay. Very good. So with that, I need to have a motion to approve the agenda, consent and summary. COMMISSIONER NANCE: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. A motion and a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) Page 10 Proposed Agenda Changes Board of County Commissioners Meeting May 24,2016 Add On Item 10B: To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v.BQ Concrete and Dwight Brock,Clerk of Courts as Garnishee(15-CA-1603) by the May 25,2016 deadline for the reasons listed under the attached considerations,upon granting of the rehearing to file a motion to vacate the judgment,and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. (Commissioner Hiller's request) Move Item 16D4 to Item 11E: Recommendation to approve the acceptance of State Housing Initiatives Partnership Program FY16/17 allocation in the amount of$2,183,568, sign the Fiscal Year 2016-2017 Funding Certification and approve the necessary budget amendment. (Commissioner Fiala's request) Move Item 16D13 to Item 11F: This item continued from the May 10,2016 BCC Meeting Recommendation to approve First Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County,Inc., to shift remaining project delivery funds between line items in order to fully expend remaining awarded funds for acquisition. There is no net fiscal impact. (Commissioner Fiala's request) Add On Item 16E10: Recommendation to extend contract#11-5606 with CenturyLink "Telecommunications Voice and Data Services." (Staffs request) Continue Item 16F1 to the June 14,2016 BCC Meeting: Recommendation to award Invitation to Bid (ITB)#16-6644,for Lake Aeration for Pelican Bay to DeAngelo Brothers, LLC d/b/a Aquagenix("Aquagenix") for$97,200 under Project#50108, "Lake Aeration for Pelican Bay." (Staffs request) Item 16J2: That the Board makes a finding that the expenditures contained in this report serve a valid public purpose and authorizes the Clerk to make disbursement. Continue Item 16J3 Indefinitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To provide to the Board a "Payables Report" for the period ending May 18,2016 pursuant to the Board's request. (Commissioner Fiala's request) Proposed Agenda Changes Board of County Commissioners Meeting May 24,2016 Page 2 Note: Correction of transposition error on the May 10,2016 change sheet and minutes as follows: Continue Item 16J3 4 Indefmitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To .. • . • . . , . .. . . , , „ . ., . . . . . . . • . . . . . . . • .. • . . 16J3: To record in the minutes of the Board of County Commissioners,the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between April 14 to April 27,2016 pursuant to Florida Statute 136.06. That the Board makes a finding that the expenditures contained in this report serve a valid public purpose and authorizes the Clerk to make disbursement. Time Certain Items: Item 13A to be heard at 9:30 a.m. Item 11C to be heard at 9:45 a.m. 5/24/2016 9:21 AM May 24, 2016 Item #2B BCC REGULAR MEETING MINUTES FROM APRIL 26, 2016 — APPROVED AS PRESENTED CHAIRMAN FIALA: Okay, very good. We go on to April 26th Regular Meeting Minutes. Motion? COMMISSIONER NANCE: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. Motion and a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. We go down to proclamations right now. MR. OCHS: Yes, ma'am. Item #4 PROCLAMATIONS — ONE MOTION TAKEN ADOPTING BOTH PROCLAMATIONS Item #4A PROCLAMATION HONORING VIETNAM VETERANS DURING THE NATIONAL COMMEMORATION OF THE 50TH ANNIVERSARY OF THE VIETNAM WAR AND TO EXPRESS Page 11 May 24, 2016 OUR GRATITUDE FOR THEIR SERVICE, VALOR AND SACRIFICE. ACCEPTED BY SGT. JOHN BLATNER, RETIRED, U.S. ARMY, MARJORIE GOFF, WHO SERVED AS A NURSE IN THE U.S. AIR FORCE AND HERIBERTO "EDDIE" HARTNACK, COLLIER COUNTY VETERANS SERVICES MANAGER — ADOPTED MR. OCHS: Item 4A is a Proclamation Honoring Vietnam Veterans during the National Commemoration of the 50th Anniversary of the Vietnam War, and to express our gratitude for their service, valor, and sacrifice. To be accepted this morning by Sergeant John Blatner, Retired U.S. Army; and Eddie Hartnack, Collier County Veteran Services Manager; and certainly any other Vietnam veterans that are in the audience today, we'd welcome you to step forward and receive the proclamation. Thank you. (Applause.) MR. OCHS: Step forward, sir. Folks, if we can get you all together for a photo, please. Do you have the proclamation? CHAIRMAN FIALA: Then I have a proclamation for -- Eddie, would you want to take this? MR. HARTNACK: Alex, come up here. CHAIRMAN FIALA: Alex Gardino, come up here or, rather, come on down. (Applause.) Item #4B PROCLAMATION DESIGNATING MAY 23 TO 25, 2016, AS COLLIER RETIS SYMPOSIUM DAYS IN COLLIER COUNTY. ACCEPTED BY CRISTELE COUGET, DELEGUEE GENERALE Page 12 May 24, 2016 — EXECUTIVE DIRECTOR, EBN FRANCE BY RETIS — ADOPTED MR. OCHS: Item 4B is a proclamation designating May 23rd to May 25th, 2016, as Collier RETIS Symposium Days in Collier County. To be accepted by Cristele Couget, the Executive Director of the European Business Network for RETIS, and I believe she has her whole team with her this morning. Please step forward, Cristele. (Applause.) MR. OCHS: All the members of the delegation. CHAIRMAN FIALA: Come on down. MR. OCHS: Line up. COMMISSIONER NANCE: Everybody in the center. COMMISSIONER TAYLOR: Two rows, two rows, two rows. COMMISSIONER HILLER: We should get Marshall Goodman. Marshall? Marshall? Marshall? Marshall? Marshall, you're blocking Caroline,just to let you know. (Applause.) COMMISSIONER HILLER: Cristele? (Speaking in French.) COMMISSIONER HILLER: And then, Marshall, if you would step forward and say a few words also, I think that would be welcome. MS. COUGET: So good morning, everybody, and thank you so much for hosting us once again. We are all really honored to be here. And I think that all the companies, always doing for us tremendous work for our companies. And I'm also honored to have the Collier County as a new member in your network, because it's a new thing for us this time. And I would like to thank you so much for your support, Page 13 May 24, 2016 continued support for five years now, and supporting our network and supporting our companies to help them come here, develop their business, and I hope that we will set up shop here soon. I know that we had one first success last year, was one of our companies, who was trying to set up shop here in Naples, and I hope and they hope being able to do the same. So thank you so much again. Thanks. (Applause.) MR. GOODMAN: Commissioners, I just want to add my thank you to all of you for the support of not only the accelerator but this program in particular. What you're witnessing is the hard work day to day that it takes for economic development of innovation companies to take place. It's a people-to-people business. And I thank you for all of the leadership you-all have shown behind this program. And I recall several months ago I was in this very room, and I was sitting way in the back. And you had a small company here you were celebrating, and that company was Arthrex. And I say a small company because Chairman Fiala had noticed during the whole ceremony, she pointed out at one point that that she recalled when that company began in the kitchen and on the kitchen table here in Collier County. And, of course, today it's over a billion-dollar enterprise. And I get to witness every day that excitement because we've become that kitchen table for a lot of these startup companies. And one day, maybe not all of them, but there's a few that we bring through Collier County that do end up, as Commissioner Hiller pointed out, active asset allocation. Cristele had mentioned that as well. They're moving here with four children, husband and wife, the company, to Collier County, and we think they're going to be a mega-hit. So, again, thank you for all of your support and participation as this program unfolds. Page 14 May 24, 2016 COMMISSIONER TAYLOR: Just a gentle correction. The kitchen table story was in Michigan. He brought three employees here, and he started with three employees, and now I think he has over -- how many? I should know this, but he has hundreds. MR. OCHS: Yes. COMMISSIONER TAYLOR: So a gentle correction. MR. GOODMAN: Thank you very much. MR. OCHS: Madam Chair, if I could get a motion -- COMMISSIONER NANCE: Move approval of today's proclamations. COMMISSIONER HILLER: I just -- may I just say a couple of words to our French friends? COMMISSIONER NANCE: Yes. COMMISSIONER HILLER: On behalf of the Board of County Commissioners, as chair of Economic Development, we welcome you, and we thank you for choosing Collier County as where you want to start your businesses here in the United States. Cristele, RETIS has been an incredible partner. And for those who don't know, RETIS is the French incubator that at this time houses what, about a thousand companies, is that right? Or how many? MS. COUGET: Thousand incubators in the world. COMMISSIONER HILLER: So a thousand is a conservative number, which is unbelievable. We hope one day to be as successful as you, because you certainly are a role model. And thank you for bringing your companies over, and we hope, through Marshall Goodman, and through the accelerator, to build these Phase 2 companies to the point where they are able to establish themselves here in Collier County or Southwest Florida, wherever they have the potential to be most successful. We're very excited, and we look forward to the next few days introducing you to our business community, to the Chamber, to the Page 15 May 24, 2016 Southwest Regional Economic Development Alliance, and to our university system that will all partner with you and educate you on how to be successful here in the United States and, in particular, in our community. So thank you again. On behalf of the Board, we're really thrilled you're here. CHAIRMAN FIALA: And, Commissioner Hiller, aren't you Chairman of this Economic Development Team? COMMISSIONER HILLER: I am. So I -- CHAIRMAN FIALA: Just wanted to mention that. COMMISSIONER HILLER: Thank you. You're very kind. So -- and I would encourage all members of the Board to meet with these companies. They're really incredible. What they're innovating is sure to be very successful and will create jobs here. COMMISSIONER NANCE: Is there not -- there's a program going on overseas this -- COMMISSIONER HILLER: Yes. COMMISSIONER NANCE: -- fall; is that correct? COMMISSIONER HILLER: Yes. And we have -- and just so everybody understands, this is -- this is really international business. It isn't just one way. We have local companies that are seeking to do business overseas, in France, in Europe, and they will be traveling over there in France, just like RETIS and these French companies have come over here. So it is a -- it is a bilateral program, and it is how business is done today, so it's very cutting edge. So congratulations, and kudos to all of you from the -- from Marshall Goodman and the accelerator to Cristele, RETIS, and all the companies that are visiting with us. CHAIRMAN FIALA: Thank you, and welcome to the United States of America. Now, Commissioner Henning -- or Commissioner Nance? Page 16 May 24, 2016 COMMISSIONER NANCE: Yes. A motion to approve today's proclamations. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: And a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. OCHS: Madam Chair, while we're on this subject of economic development and we have a few moments before our 9:30 time-certain, I wonder if the Chair would indulge us to go to Items 11A and 11B this morning. CHAIRMAN FIALA: Sure. Item #1 lA RESOLUTION 2016-117: A RESOLUTION APPROVING THE PROPOSED PROJECT NIKITA AS A QUALIFIED APPLICANT TO FLORIDA'S QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM, PROVIDING UP TO $560,000 OF LOCAL FINANCIAL SUPPORT FOR A CORPORATE HEADQUARTERS PROJECT WHICH WILL CREATE 560 NEW QUALITY JOBS IN COLLIER COUNTY, FLORIDA — ADOPTED Item #11B A MATCHING COMMITMENT OF CASH OR IN-KIND SERVICES FOR THE PROPOSED PROJECT NIKITA AS A Page 17 May 24, 2016 QUALIFIED APPLICANT FOR THE QUICK ACTION CLOSING FUND (QACF), PROVIDING UP TO $600,000 OF LOCAL FINANCIAL SUPPORT FOR THE CORPORATE HEADQUARTERS PROJECT WHICH WILL CREATE 560 NEW QUALITY JOBS IN COLLIER COUNTY, FLORIDA — APPROVED MR. OCHS: Item 11A is a recommendation to adopt a resolution approving the proposed Project Nikita as a qualified applicant to Florida's Qualified Target Industry Tax Refund Program providing up to $560,000 of local financial support for a corporate headquarters project which will create 560 new jobs in Collier County, Florida. We'll have the presentation this morning by Jace Kentner, the Interim Director of your Office and Economic Development, and he's joined this morning by Kristi Bartlett, Vice President of the Greater Naples Chamber of Commerce and Opportunity Naples. Kristi, good morning. MS. BARTLETT: Good morning. MR. OCHS: Jace. MR. KENTNER: Good morning. We're very excited about this opportunity we have that's before you. Do you have questions? COMMISSIONER HILLER: Yeah, I do. I want to know who came up with the name Project Nikita, because I don't know if people know who Nikita is, but it's definitely an interesting name. That was the biggest question I had. And I wanted to know if it was Nikita or le femme Nikita, because there's a difference. MS. BARTLETT: I actually do know the answer to that. COMMISSIONER HILLER: All right. I want to know it. MR. KENTNER: Kristi knows. MS. BARTLETT: Nikita is one of the favorite TV shows of an Page 18 May 24, 2016 employee at Enterprise Florida who was managing the project along with us. So that is how they came up with Project Nikita. COMMISSIONER HILLER: And you know the TV show was actually a Canadian show. MS. BARTLETT: I did not know that. COMMISSIONER NANCE: Canadian, eh? COMMISSIONER TAYLOR: Is that a hint? MR. OCHS: No, no. COMMISSIONER HILLER: We're not going there. You-all ought to catch it. CHAIRMAN FIALA: Okay. Go ahead. COMMISSIONER HENNING: Move to approve. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I have a motion to approve and a second. Commissioner Nance? COMMISSIONER NANCE: Yes. I would just like to say that the thing on this executive summary that jumps out to me and the thing that makes it so easy for me to support this, what looks like a very ambitious project, is the estimated capital investment of over $63 million, okay. When you have a project that comes up with a commitment like that, you don't have to worry about running around chasing heads on job creation. You know that somebody is coming here in a serious way and is putting money into our community and, you know, that -- the success and the compound economic benefit to our community is certainly going to follow. So I certainly support this and will make a motion to approve unless somebody else had done so earlier. CHAIRMAN FIALA: We already have a motion and a second. COMMISSIONER NANCE: I will second -- okay, fine. I'm Page 19 May 24, 2016 good. CHAIRMAN FIALA: Commissioner Henning was the motion; the second was you, Commissioner Hiller? COMMISSIONER NANCE: Wonderful. CHAIRMAN FIALA: Okay. Any other comments? Oh, yes. Commissioner Taylor? COMMISSIONER TAYLOR: Well, I think for the benefit of the public watching, I think we should just outline what's happening here, if that's okay. Just briefly talk about what the -- what the excitement is about and why $560,000 -- yeah, $560,000 we're talking about as local support for this. So please go ahead. MS. BARTLETT: This project is going to bring 560 new jobs into Southwest Florida, into Collier County. Average wage is going to be just over $49,000, which is much higher than the local average wage of 43,181. As you said before, the capital investment's over $63 million. This is going to be over a five-year period. And as -- with the Qualified Target Industry incentive locally, we have to have a 20 percent local match, which is the $560,000, which really just boils down to $1,000 per job. COMMISSIONER TAYLOR: Thank you. Thank you very much. MR. OCHS: Commissioners, I will add that because of the decision this board made a few years ago to fence off the gaming compact receipts that coming to Collier County every year for future economic development incentives, you have money available that is earmarked specifically for these types of incentives available to you through your gaming compact receipts. So that decision you made several years ago is bearing fruit this morning. CHAIRMAN FIALA: Thank you, Leo. Page 20 May 24, 2016 Commissioner Hiller? COMMISSIONER HILLER: Yeah. I agree with Commissioner Nance, the capital investment is significant and clearly is indicative of a great deal of new job creation. That type of investment will also generate significant property tax dollars, which should not be forgotten and will, in effect, be an offset to any contribution that we're making at this time. The other thing that's significant to note is that this is -- the incentive is a combination of state and local dollars, and that is exactly what should happen. It should not only be the local jurisdiction. It should be the state and the local jurisdiction in partnership to create jobs for the benefit of-- while it does seem localized, will actually benefit the whole state. So this is a very significant project, and we are very, very fortunate that this company decided to invest in our community. CHAIRMAN FIALA: So we have a motion on the floor and a second. COMMISSIONER HENNING: That was for 1 1A and 11B. COMMISSIONER HILLER: Yeah. CHAIRMAN FIALA: Oh, I was wondering. I was just going to say, should 11A, and then we can just follow it up with 11B, but -- COMMISSIONER HILLER: Yes. CHAIRMAN FIALA: Okay. Commissioner Henning's put it clearly. So that motion is for 11A and 11B. So -- and there's no problem with that, is there? MR. OCHS: No, ma'am. CHAIRMAN FIALA: Okay. Good. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. Page 21 May 24, 2016 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Thank you so much for being here. MS. BARTLETT: Thank you. CHAIRMAN FIALA: And thanks for all your hard work. COMMISSIONER TAYLOR: We have a -- DR. DOYLE: I had public comment. Public Comment. MR. MILLER: I'm sorry. I did not see Mr. Doyle's slip come in. It was to my right. We have a comment from Dr. Joseph Doyle. COMMISSIONER TAYLOR: Which item? DR. DOYLE: This item. MR. MILLER: Item 11A and B. And he was ceded additional time from Sandy Doyle, who is present in the back of the room. DR. DOYLE: Commissioners, Dr. Joseph Doyle. I'd like you to reconsider your vote. I have several concerns with this project. As you know -- and it isn't -- in addition to my medical degree, I have an MBA and a Masters of Public Administration, so I will use those credentials in discussing this right now. As far as the business plan goes, we are relying upon you to perform due diligence here and not rely solely upon the Florida Department of Economic Opportunity. And you should approach this decision as if you're investing your own retirement funds into a stock or bond purchase or as a businessman considering a startup or acquiring a going concern. Number one, what is the business model? Number two, what is the industry outlook for the next five years? And, you know, I've been here before when we were talking Page 22 May 24, 2016 about the budget, that the overall economic outlook is not necessarily very rosy for them to be successful in all of the terms they have to meet in the next five years in job creation. Who will monitor the job creation? Yes, I agree, $63 million puts a lot of money on the table, but who's really going -- we need a person that's going to look -- if you look at 11B, there are milestones that have to be met. And who's going to do that? Do our current residents have the skills required? Will these jobs go to current residents, or are new labor going to be coming in? What type of multiplier effect will this business have on our local economy? If these employees, at $49,000, cannot afford a home in Collier County, they're going to go to Lee County to live. We will not get the multiplier effect here for the residential that you typically get. So I would be suspect of the figures that they may have provided you. What is the return on investment? What will the impact be on our current workers; the teachers, the firefighters, and law enforcement? You just had a seminar on affordable housing. If new people come in, are they going to squeeze out our current first responders and teachers that can't currently find adequate housing here? I would look at those impacts. I mean, we already know that you need to make $80,000 a year to afford an average home here in Collier County of$439,000. So, yeah, great, these are 560 jobs, but let's really look at the whole picture here. Maybe this --jobs should go to a different county with a lower cost of living. Maybe this is not the right fit for Collier. And also, if this is supposed to be a Corporate Headquarters, you know, usually those executives are making a hundred and plus. I'm a little suspect, at $49,000, what kind of really headquarter-type jobs these are. Now, that's the business part. As a citizen, you all know that I'm a conservative, more Republican-Libertarian type of guy. And I do realize that we need to Page 23 May 24, 2016 diversify our tourist-dependent and construction-driven economy for the long term. And I've discussed this with Chairman -- former Chairman Nance in the past, and we do need to diversify our economy; however, we need to be cautious. And we also need to hold the state government accountable here, too. You know, that $4.9 million dollars that they're throwing in is still our money, too. We're state taxpayers as well as local taxpayers. And we're really putting in 1.16 million with the incentives; 560,000 for 11A and 600,000 for 11B. You know, this is crony capitalism. It's corporate welfare. This is where the local and the state governments are picking winners and losers. And where's the equity for the small business owners who already live here and have started businesses without any of these incentives at their own personal risk? A lot of them have used their own credit cards and lines of credit and a hope and a prayer that they could succeed here. But they didn't get these types of tax breaks or incentives. And then we hear horror stories in the public administration of business journals where schemes like this never pan out on their promises, and the community is left holding the bag. We hear it up the street in Bonita Springs. We have VR Labs, an empty building in foreclosure, a 2011 agreement that failed to create the 208 high-paying jobs promised by 2016. General Motors, which I call Government Motors, cost the American taxpayer $80 billion federal money. And now most of those jobs are in China with factories in China and profits in China. So please don't approve this project today. It doesn't really meet our criteria. Who's looking out for the little guy, and who will make America great again? Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. The problem with how Page 24 May 24, 2016 this is done is the business is not disclosed, so I could understand the comments; however, a $49,000 average wage per job and comparing it to 180-, 150- average home, that average home is a three-bedroom, two-bath, or three-bath, four-bedroom for a single person to live in. I don't know if that's a proper comparable. Maybe it would be for two of those jobs if it's a husband and a wife or whatever the arrangement is. They can well afford the average home in Collier County. So I think the majority of the public would understand, once it is disclosed, what the business is. CHAIRMAN FIALA: Yes. And, you know, this --just bouncing off of what you just said, one of the things we've been saying is we continue to build very-low-income housing, but we aren't building housing for these people. They don't qualify for very-low income. And until we get our act together and start raising that bar a little bit so we build moderate income and make incentives to build moderate-income housing, we're not going to be able to fill that need. And so, once again, here we have another, what, 500 jobs who are going to need moderate-income housing, and we're still building very low. So I hope that we can move forward and build the kind of housing that the business community is calling for. Commissioner Nance? COMMISSIONER NANCE: Yes. I do appreciate the comments that Dr. Doyle is making. And, you know, certainly economic development efforts always have a certain amount of risk. But, you know, after looking over the statistics during my entire service here, I think you have to -- you have to take a look at -- you know, every decision that we make of this nature is a risk-benefits analysis. And, you know, I think we're to the point in Collier County with our huge, huge reliance on ad valorem tax dollars -- the old expression Page 25 May 24, 2016 that comes back to me is, if you do what you've always done, you're going to get what you've always got. And I believe we have to take some well-thought-out chances, perhaps, or leaps of faith in our Economics Development. And like I say, that's why I support these programs that have a dedicated capital infrastructure investment because I know that's a lasting -- that's a lasting investment in Collier County that's not going to be a hit-or-miss thing. I mean, if there's that sort of infrastructure present, it's going to be generating taxes, and it's going to be taking taxes off of the average family and homeowner. We can't afford to not take opportunities that come forward, because the burden is going to get crushing as far as just ad valorem residential property taxes if we don't do something. So that moves me to support things like this. And if we have this big capital-infrastructure investment, I hope people will continue to give people an opportunity to come to Collier County with industries that are going to be here to stay. And I think that $63 million means these people are very serious. So I do support it and -- but Dr. Doyle's words are not lost on me. Thank you. CHAIRMAN FIALA: Okay. And did we vote to approve this? Oh, yes, we did. We did. And that was as Dr. Doyle stood up there, so MR. OCHS: Yes. CHAIRMAN FIALA: -- we had already voted on it. Okay. Thank you very much. And anybody want to change their vote? Oh, Commissioner Hiller, I'm sorry. COMMISSIONER HILLER: No. My vote stands as on the record. The one thing that's important to note is that these state programs Page 26 May 24, 2016 are very carefully developed to be as objective as possible with respect to the criteria that they use to select the qualified candidate to avoid crony capitalism. It is intended to be -- these are intended to be programs where there is little to no subjectivity in the selection. In other words, if you apply and if you have the criteria behind you to qualify, you get the award. It is not a subjective decision. It's a nonpolitical, nonsubjective decision, as I understand, in the making. CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: And that's very important. CHAIRMAN FIALA: Thank you so much. We have a 9:30, a time-certain. COMMISSIONER HILLER: Yeah, sorry. Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2015 AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES — APPROVED MR. OCHS: Thank you, Commissioners. That takes us to your 9:30 a.m. time-certain hearing. This is Item 13A on your agenda this morning. It's a presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2015, and requesting authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. And Ms. Kinzel, your Director of Finance for Clerk of the Circuit Page 27 May 24, 2016 Court, will begin the presentation. MS. KINZEL: Good morning, Commissioners. For the record, Crystal Kinzel, Finance Director for the Clerk, as Leo stated. Today we have on the agenda a good-news item. 13A is the Annual Presentation of the Comprehensive Annual Financial Report for 2015, and we also refer to it as the CAFR, so you probably hear the accountants calling it the CAFR. You usually see this report in late February or early March, so I did want to provide a little public explanation. This year, due to the implementation of GASB68, which pertained to pensions, the entire state was somewhat delayed by the data coming from the state pension plan. So we were not able to complete the CAFR until we received the data from the State. So it's a little later, but it's still a good product, and -- but I did want to put that on the record. The preparation of the CAFR is a year-round process for finance, and it includes the cooperation of many people, departments, and agencies. We'd like to thank each of the constitutional officers for their financial statements. The Sheriff, the Supervisor of Election, the Property Appraiser, Tax Collector, and the Clerk all have separate individualized audits that are included in your CAFR at separate tabs. Those audits are all performed by Clifton, Larson, Allen, the external auditors, as well as the comprehensive financial information for the Board of County Commissioners. So we'd like to thank also the County Manager, his departments, and staff, all of the support throughout the year. The information that they do provide us helps us accumulate and gather the information so that the CAFR can be prepared at year end. And with that background, small as it is, I'd like to introduce Marty -- Martin Redovan, also called Marty, with Clifton, Larson, Allen. He is your independent external auditor, with the firm of Cliffton, Larson, Allen. Page 28 May 24, 2016 MR. REDOVAN: Thank you, Crystal. Again, Marty Redivan with Clifton, Larson, Allen. I wanted to do a brief overview of the audit and the results of audit for this past year. I think -- really, to start the conversation, the most important item to mention is the fact that we audit the financial statements as put together by the finance department for the Board and each of the constitutional officers' financial staff. So we don't prepare the financials. We audit the financials. You had hired us to audit the financial statements themselves. We do that under generally accepted auditing standards and government auditing standards, and we also apply limited procedures under auditing standards as well. The federal compliance piece is where we audit the federal grants under OMB Circular A-133, and then there's the state compliance piece where we're also auditing the state grants under the rules of the Auditor General, and there's some additional attestation reports, as they're known, that are required under the rules of the Auditor General. So these are the reports that we were to deliver to you, and I'm kind of going to skip over this in the interest of time, because we'll get to the results of each. But as you can see, there's, you know, six layers of reporting that we are to do for you as governance. So the results of the procedures, the independent auditor's report is an unmodified opinion on the Comprehensive Annual Financial Report, as Crystal mentioned. The independent auditor's report on internal control, there were two findings. One had to do with inventory that had not been previously reported, so there was a material adjustment related to that. And the second finding as far as internal control related to monitoring subcontractor agreements and a finding there where compliance requirements were not met. Within this single audit report, both federal programs and state Page 29 May 24, 2016 projects, we had an unmodified opinion on compliance which means that we found that the county was in compliance with the requirements of the grants that we tested; however, we did have some findings over internal controls over compliance. There were four of them, two of which related to one grant from the Sheriffs Department, one from the Department of Elder Affairs, and the third had to do with a Department of Economic Opportunity grant. Again, these are internal control findings, did not lead to compliance issues nor findings-in-question costs. In the management letter, as required to be issued under the rules of the Auditor General, these would be -- there's specific requirements as to, you know, items -- and there were no findings or negative items within that letter. And had there been findings or recommendations that were not (sic) considered material weaknesses or significant deficiencies, they would be in this letter, and there were none. And then, finally, as you can see, that last bullet, the unmodified attestation opinions on compliance, that has to do with complying with the investment statute, the statute over E-911 funds and the expenditures of those funds, and the receipt and expenditure of Deepwater Horizon monies as well. So, again, no issues of compliance there. The county is very good at trying to make sure that they comply with all requirements of contracts/agreements of funding sources and so forth. So I think this -- you know, the results of this audit kind of reflects that while there are findings, on an overall basis, given the volume of activity, it's not that bad. And, again, compliance is key. There were not compliance findings resulting in dollars that might have to be returned. As far as, you know, required communications to you as governance, there's certain things under our standards. Inherent in Page 30 May 24, 2016 your financial statements are significant estimates. They're listed here. Those were self-insurance claims, the pension liability, post-employment benefits, the allowance for doubtful accounts, depreciation and landfill closure. These are all estimates. They're not hard numbers. They're inherent in your financials. Not unusual. We had no difficulties dealing with management. Whether it be board departments, the finance department, I have to say that everyone cooperates throughout the audit, and I don't think there's ever been a time where we've gotten pushback or not welcome into an office. So I do think the departments here are more than cooperative when we're doing the audit. We didn't have any disagreements with management. And then Crystal mentioned the implementation of GASB68 which led to the delay in the issuance. That was a significant GASB pronouncement that was issued this year and implemented this year -- not issued but implemented. We talked to you last year about this coming forward, and now it's here. And what the ultimate result is is, that you are now required to report your proportionate share of the pension liability for the Florida Retirement System and the companion plan, the health insurance subsidy program. That resulted in a million -- $160 million liability being reported on the county's financial statements for the first time. So, again, it's not unusual to Collier County. Every county in the state -- you know, any participant in FRS had to present their proportionate share on their financial statements. But it gives you an idea of what's out there as compared to the overall liability, which is 23.1 billion at the state level. So your percentage -- your proportionate share is less than one percent; however, it's a sizeable number. So that was something that we warned you that was coming. It finally came, late as it was, but it is there, so that would be a big, significant difference from what you've seen in the past. Page 31 May 24, 2016 With that, I would like to thank everyone in the board departments and in the Clerk's Finance Department for helping us have a successful audit this year. And I'll try to answer any questions that you have. CHAIRMAN FIALA: Yes. Commissioner Henning? COMMISSIONER HENNING: Comparables to other communities, how do we stand as far as service and taxation? Did you do a comparable on that? MR. REDOVAN: No. That's outside the audit. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Any other questions? (No response.) CHAIRMAN FIALA: Well, it was really a good audit and a great report. I think we want to thank the Clerk's Office. We want to thank the budget office and everybody who has been involved to make this such a -- COMMISSIONER HILLER: And Manager's Office. CHAIRMAN FIALA: And the Manager's Office, absolutely -- to make this such a smooth operation. Thank you very much for the report. And with that, let me ask for a motion to accept the report. COMMISSIONER HENNING: So moved. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. Motion and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Page 32 May 24, 2016 CHAIRMAN FIALA: And, Crystal, these wonderful books, I don't want to just throw them out. Can you use them if we hand it back to you? MS. KINZEL: Yes, ma'am, we can. CHAIRMAN FIALA: I thought you -- MS. KINZEL: We would always have one available, and it will be available online to the citizens momentarily, I believe and -- thank you. CHAIRMAN FIALA: Thank you very much. Thanks for all your hard work, Crystal. COMMISSIONER HILLER: It should be -- and I'm assuming you're placing it in all the libraries so people can look at the hard copies. MS. KINZEL: We had done that previously, but because it is available online -- but if you would like, we'll circulate some of the ones that we get back, and we'll put them out there. COMMISSIONER HILLER: It's a good idea. CHAIRMAN FIALA: Thank you so much. Thank you for all of your hard work, Mr. Donovan (sic). Appreciate it. MR. REDOVAN: You're welcome. Thank you. CHAIRMAN FIALA: We move on to our next time-certain, which was at 9:45. Item #11C AUTHORIZE THE CHAIRMAN TO SEND A LETTER TO THE MARCO ISLAND CITY COUNCIL REQUESTING CLARITY ON THE FUNDING, TIMING, AND SCOPE FOR THE GOODLAND DRIVE (92A) ROADWAY IMPROVEMENTS — APPROVED MR. OCHS: Yes. Madam Chair, that is Item 11C on your Page 33 May 24, 2016 agenda this morning. This is a recommendation to authorize the g g chairman to send a letter to the Marco Island City Council requesting clarity on the funding, timing, and scope for the Goodland Drive Roadway Improvements. Mr. Casalanguida will present. MR. CASALANGUIDA: Thank you, County Manager. Nick Casalanguida, for the record. Commissioners, I believe you're very familiar with this item, as it was a workshop item last year with the City of Marco. We're in the last two years of our agreement with a 15-year agreement. And this item simply requests us to start the dialogue again with the City of Marco to prioritize this road project, get it on the books and -- funded and booked. So I think it's self-explanatory. I know you have some public speakers. I can answer questions. I know you're all familiar with it. I've been here 12 years. I don't think a year's gone by that this road has not come up as discussion point at some level. With that I would -- questions? MR. OCHS: Nick, if you'd please just explain the primary recommendation here. MR. CASALANGUIDA: Sure. Commissioners, the recommendation is for us to send a letter requesting that we take these remaining funds, put them in an escrow account, set up a modified interlocal agreement, and develop a project management plan so that the folks in Goodland are assured that we have a timing and a commitment to complete this road project. And with that letter, I think it will start some dialogue with the City of Marco. CHAIRMAN FIALA: That's good. And I feel -- this is my opinion. But from the things I've heard from elsewhere, we need to get this job done sooner rather than later. The flooding continues to be Page 34 May 24, 2016 worse every year. And I just had reports from the Goodland people where one lady called me. She couldn't get to work because she couldn't get out of Goodland, and she had to delay -- she had to call her employer to say, "I just can't get out." Well, if those are things that are happening, what's going to happen when we have a big rain, maybe this summer? Who knows? And they can't get out, but emergency vehicles can't get in to rescue them either. And there's no other way in or out of Goodland. So I'm hoping that we can move this along rather quickly so that we don't have catastrophes occur before we get this road fixed. And let me tell you, just for the audience's sake, this road isn't just resurfacing a road. This -- it has been told to us repeatedly by three different knowledgeable organizations this road needs to be raised two to three feet. That's a daunting job in itself to raise a road three feet. And, by the way, remember it's the only road they have in and out. How they ever do that, I'll never know. But anyway, it must be done. The Conservancy wants to make sure that there's water going to both sides but the proper amount of water. There's a lot of people in on this thing. We need to move forward. So I'm hoping that all of our commissioners will see fit to do that as well. Well, thank you for showing those pictures, Leo. MR. CASALANGUIDA: Yeah. I think, ma'am, to your comments, you can see that -- COMMISSIONER TAYLOR: That photograph is worth a thousand words. MR. CASALANGUIDA: Yeah. COMMISSIONER TAYLOR: Look at this. CHAIRMAN FIALA: Yeah. Thank you. Yeah. We had three of them right in a row every month, right? Page 35 May 24, 2016 MR. CASALANGUIDA: Yes, ma'am. CHAIRMAN FIALA: Yeah. And it's been said at times that they don't have a problem, but here it is, just so you see it. Anyway, we have some speakers. MR. MILLER: Yes, ma'am. We have two registered speakers for 11C. Garrett Beyrent will be followed by Mike Barbush. MR. BEYRENT: For the record, good morning. I've been asked by several residents of Goodland to put my two cents in for their benefit. Basically, everything Donna Fiala just said was what I was going to say, so I won't belabor this. I was specifically requested to ask the commission if they would appoint the County Manager's Office to handle all negotiations directly and take that responsibility. And that was somewhat only by my suggestion that about six or seven years ago I first met Nick Casalanguida, and it was involving road construction, and he would baffle me with his plans, and the result of which is the one -- as you're leaving Marco Island now, it's incredible. You can actually get through that intersection out onto 41, and that was plans that were made many years ago. This guy's thinking so far ahead that by the time the traffic starts piling up, it's already been resolved. So they asked me to ask specifically for Nick Casalanguida who, of course, refused because he doesn't like me that much, so... MR. CASALANGUIDA: No. MR. BEYRENT: He's the guy that's qualified, and Leo will make him do it. So that's what -- that's what I'm requesting is that the commissioners direct the County Manager's Office to handle it and get a road in there. Unless that -- unless you want to have those people all in Goodland learn how to swim, you know, at the North Naples county park, which is $20 now. Page 36 May 24, 2016 So, anyhow, that's it. And I won't take any more of your time. Thank you very much. MR. CASALANGUIDA: Commissioners, just to be clear, I've got a good relationship with the gentleman, and I like him very much. He's fine. MR. MILLER: Your next speaker on this item is Mike Barbush. CHAIRMAN FIALA: I never saw you blush before. MR. BARBUSH: Good morning, Commissioners. Mike Barbush representing the Goodland Civic Association, 690 Palm Avenue West in Goodland. I'm a 36-year resident of Collier County and past president of the Goodland Civic Association. For over a decade, we've been working with City of Marco to try to do some improvements on the road since the city was incorporated. Initially, we were able to get a bike path installed, and a couple years after that we were in the process of having some plans drawn up to raise the road through the second public works director. None of those plans ever came to fruition. The current city council doesn't think that there seems to be any kind of a problem with the road. Over the past few years, virtually nothing has been done to improve the road. Putting stone along the right-of-way to, quote, stablize the shoulders and putting "no parking" signs is not an improvement. The city -- the civic association and the county staff has had numerous meetings over the past three years with the city with no forward movement. A joint session between the councilors and the city last year yielded nothing, but recently City Councilor Larry Honig has come up with a white paper and is requesting that the city propose a resolution to return the road and the $2 million to Collier County. This proposal got no traction over the last couple months, but at last Monday night's city council meeting, which I attended, Larry Honig brought this proposal back up. Page 37 May 24, 2016 So I kind of see a little light at the end of the tunnel here. I can't look into these guys' minds and find out which way they're going, but I'm hoping that we have the necessary four votes to move this on. So this coming Monday night's meeting at the city council, Councilor Honig is going to try to bring up the resolution again to give us back the road and the $2 million and walk away from this. He had a white paper that he came up with, I think it was about six, seven months ago; very detailed, explained, you know, why this is going to be a burden on the city not only after -- even if they got their $2 million and everything goes through, they're not going to do anything to that road afterwards. The relationship between the county and the city at this point is probability the lowest I've seen in the 30 years that I've been here, and my suggestion at the last city council meeting was that they come up with a 7-0 resolution vote for it to try to move the dialogue between you and them a little farther down the line. There's nobody here from the city today. I don't know how much you talk to city councilors or if you know city councilors, but there's a disconnect here. And I have said to them plenty of times that we would be more than happy to be the mediator. And with all the time that Nick and Leo have put in with different meetings and all that sort of thing, we still want to be part of this as the Goodland Civic Association. And I urge the city council on Monday night's meeting to pass this resolution, give the road back to Goodland, and give us back the $2 million so that we can begin the hard work of getting the permitting going, getting -- finding the funding from you-all. The hard work is going to start after we get the road back. This -- what we're doing now hasn't been easy by any stretch, but we still have a long way to go to get that road into a shape where we can all get in and out, as Donna said. Page 38 May 24, 2016 So hopefully on Monday night's meeting the city council will approve the resolution and we can move on down the line. I want to thank Nick and everybody, and Leo, for all the time -- every time we pick up the phone and call Leo, he calls me back. The same with Nick, and I -- the communication is just fantastic on our end. And I can say that -- a few of the council members the same thing on Marco. But the two have to meet, and we need to get this problem solved as quickly as possible. CHAIRMAN FIALA: Thank you. MR. BARBUSH: Thank you very much. CHAIRMAN FIALA: Just by way of explanation, you see this road is within the city limits of Marco Island, but it leads to the county-owned or the county -- not owned, but county portion of land which is called Goodland. And so in order to get to the county, you have to go on the city road. It used to be under our purview. It was turned over to the city, but now they don't have any taxpayers down there; one. They have one taxpayer down there. Everybody else is a county taxpayer, but they're beholden to the city to fix the road. So I think you're -- our -- all of the suggestions about giving the city -- giving the county back this road and working out the financial arrangements together so that we can all live with the final outcome is so important. MR. BARBUSH: We have three things that we have in common with the city. We have the road, number one; we get our water from the City of Marco Island even though we're in the Collier County public utilities; and we have our fire. The Marco Island Fire Department comes out with us. We want to keep a good relationship with the City of Marco, and we have on those other two issues. And when the COPCN comes up, we're in the process, through the Goodland Civic Association, of Page 39 May 24, 2016 creating a letter and supporting the COPCN. Having said that, this is a thorn. And until we get some resolution to this -- and I have to tell you, I know that there's some pushback from the city about how some of the funds are spent through the county, and maybe they're not getting their -- everything that's due to them. Well, without dialogue -- and maybe this is an olive branch to start dialogue and get something rolling -- we're at a stand-still down there. And I've been on Marco for 36 years. I do all my business down there and, you know, like I say, I don't have an axe to grind with them, but this is a matter of public safety and our welfare down there in Goodland. And to my -- now it's become urgent. I mean, so the fact that we haven't sent them the money this time has got their attention, and I think that, hopefully, Monday night's meeting will have some resolution. CHAIRMAN FIALA: Thank you, Mike. MR. BARBUSH: Thank you. I appreciate all you've done for us. CHAIRMAN FIALA: Speakers -- or Commissioner Nance. COMMISSIONER NANCE: Yes. I'm very concerned about the potential for a very bad outcome down there, and I know Commissioner Fiala is very, very attentive to Goodland. And I'm not trying to intrude onto her district. But I would certainly ask the County Manager to get with Mr. Summers and make certain that we have a communications system for this upcoming hurricane season, because in the worst-case scenario, you get a situation where these people go to bed, and they wake up in the morning in daylight, and they've got a road flooded and they can't get off the island. If you had a high-tide circumstance that hit just wrong with an incoming storm, you could strand these people with very little option to get them out. So I certain -- nobody wants to see that happen. So I think it's -- I think it's a duty we have to have a communication system between Page 40 May 24, 2016 now and the time this road is fixed to make sure we work with the Goodland Civic Association, the community down there to make sure we have a communication pathway so those people can be warned to get off the island before they get stranded. And I don't know what else we can do. We just have to work through it. CHAIRMAN FIALA: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: I became aware of this just a year and a half ago, and under Commissioner Fiala or Chairman's leadership, you know, I -- I know that she has been concerned and continues to be very, very concerned about this. And it's really a health, safety, and welfare issue. And I understand the original agreement was crafted at a time when the -- I believe the island wanted independence from Collier County, and I understand what had happened at that time but, you know, I'll sound like a parent, but there's also a responsibility here, and there's a responsibility because it was understood, although legally it wasn't crafted exactly like that, that the grant on a yearly basis was given to improve this road to make it safe. And 2015 is right in front of us. So it's time to, you know, step up to the plate and make it right. And I would be very interested in understanding what it would take to get the road back into Collier County. Thank you. CHAIRMAN FIALA: Thank you very much. So with that I ask, is there a motion on the -- from any of the commissioners? COMMISSIONER NANCE: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. Any further comments? Page 41 May 24, 2016 (No response.) CHAIRMAN FIALA: Commissioner Henning, you used to boat there a lot, didn't you? COMMISSIONER HENNING: Used to. CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. Thank you for being here. Item #10A REQUEST FOR RECONSIDERATION OF ITEM #16J4 FROM THE MAY 10, 2016 BCC MEETING — DISCUSSED Item #10B TO DIRECT THE COUNTY ATTORNEY TO FILE A MOTION TO INTERVENE AND A MOTION FOR REHEARING IN THE CASE OF LIBERTY CONCRETE V. BQ CONCRETE AND DWIGHT BROCK, CLERK OF COURTS AS GARNISHEE 15- CA-1603 BY THE MAY 25, 2016 DEADLINE FOR THE REASONS LISTED UNDER THE ATTACHED CONSIDERATIONS, UPON GRANTING OF THE REHEARING TO FILE A MOTION TO VACATE THE JUDGEMENT, AND TO DIRECT THE CLERK TO RECOVER THE COUNTY FUNDS Page 42 May 24, 2016 WRONGLY PAID BY HIM TO LIBERTY CONCRETE IN THE ABOVE ACTION - MOTION FOR THE COUNTY ATTORNEY TO INTERVENE WITH THE CASE AND MAKE A FINDING WHETHER ACTION NEEDS TO BE TAKEN TO RECOVER FUNDS THE CLERK PAID LIBERTY CONCRETE — APPROVED MR. OCHS: Madam Chair, that takes us back to Item 10, Board of County Commissioners. Item 10A is a Request for Reconsideration of Item 16J4 from the May 10, 2016, Board of County Commissioners meeting. That item was placed on the agenda by Commissioner Hiller. COMMISSIONER HILLER: Commissioner Fiala, may I? CHAIRMAN FIALA: Pardon me? COMMISSIONER HILLER: Can I address the item? CHAIRMAN FIALA: Sure. COMMISSIONER HILLER: Thank you. Leo, would you be kind enough to put my request for reconsideration on the overhead? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And then what I'm going to ask next is for the schedule to be put forward. I just want to explain my request for reconsideration first. Specifically, what I am asking is that the payables, which are listed on the vendor list as owed to Buddy Quarles be removed from this payables report, and you'll see there are one, two, three four, five invoices that were added to the last meeting's payable report. And the reason that I'm asking that we consider -- reconsider these being on the payables report is because we have a pending FDLE investigation, and at this time we do not know that we owe these monies to BQ. And so they should be removed pending the outcome of the investigation, and that would be what we would discuss at the Page 43 May 24, 2016 time that we bring this back under discussion. So if I could ask for your support to reconsider. And I just -- and maybe reconsideration is not the appropriate action. I'm not 100 percent certain, and I'm going to look to the County Attorney to guide me, because this report, given the correction this morning, was actually not approved and was, in fact, continued, so we didn't actually approve these payables for payment; notwithstanding, I think what we need to do is not have them on this payables list. So I'm going to defer to the County Attorney as to what is the appropriate way to handle it. It's a little bit of a hybrid issue here again. Whatever you recommend. MR. KLATZKOW: What I recommend is that, in my opinion, this item is linked with 10B. COMMISSIONER HILLER: It is. MR. KLATZKOW: And it's difficult for me to answer with -- one without answering the other, especially with Board direction. So if you don't mind, if we can combine these two items into one discussion, I think I'd be able to give you a better answer. COMMISSIONER HILLER: All right. Is that okay with you, Commissioner Fiala? CHAIRMAN FIALA: It is. How about the other board members? COMMISSIONER TAYLOR: That's fine. It makes more sense. CHAIRMAN FIALA: Commissioner Henning wanted to say something, though. COMMISSIONER HENNING: Yeah. A question for Crystal. Crystal, have these checks been issued? MS. KINZEL: Yes, sir. Under the garnishment, the check was issued to Liberty Concrete by court order. COMMISSIONER HENNING: Have they been cashed? MS. KINZEL: I do not know that. Page 44 May 24, 2016 COMMISSIONER HENNING: Yeah. So how can you unscramble the egg? How can you put the yolk back in the white? They already have the check. COMMISSIONER HILLER: Yeah. Well, they -- if the money is owed back to the county, then through the court system we can recover that money. And it was improperly and incorrectly paid to Liberty. And as noted, if you'll see, you know, Liberty is not even listed as a vendor on the payables report nor was Liberty listed as a vendor on the disbursement report of that week. So, in fact, the Board of-- COMMISSIONER HENNING: This is a reconsideration -- COMMISSIONER HILLER: Okay. Excuse me. COMMISSIONER HENNING: -- on actions that -- COMMISSIONER HILLER: No. COMMISSIONER HENNING: -- have already been -- COMMISSIONER HILLER: No. COMMISSIONER HENNING: -- taken place -- COMMISSIONER HILLER: No. COMMISSIONER HENNING: -- since the Board has approved it. COMMISSIONER HILLER: The -- no. COMMISSIONER HENNING: The checks were issued. COMMISSIONER HILLER: No. COMMISSIONER HENNING: And you want to reconsider -- COMMISSIONER HILLER: Okay. The Board of County Commissioners -- COMMISSIONER HENNING: -- not paying it when it's already paid. COMMISSIONER HILLER: If I may, the Board of County Commissioners did not approve payment to Buddy Quarles and was never told that payment was going to be made to Liberty; therefore, if the Clerk made payment, it was not with the Board's approval, as I Page 45 May 24, 2016 clearly pointed out in the considerations in the executive summary. COMMISSIONER HENNING: The reconsideration. CHAIRMAN FIALA: Let me just interrupt for a minute. We're now talking about 11 -- or IOB, right -- COMMISSIONER HILLER: IOB, correct. CHAIRMAN FIALA: -- rather than -- COMMISSIONER HILLER: Correct. CHAIRMAN FIALA: Okay. Just so that I get that straight. Thankou verymuch. y COMMISSIONER HILLER: Yes. So, in effect, what happened is the Clerk of Courts failed to advise the Board of County Commissioners that he had been sued in a garnishment action by Liberty, who he was joined in the suit between Liberty and BQ, and without notifying the Board, notwithstanding that he acknowledged to the Court that the Board had an interest in the property, he failed to defend and allowed a garnishment judgment to be entered against him, again, with respect to what I will say was an inflated invoice since the invoice from Liberty was for 10 bins and not eight bins. It related to the bin job that Liberty had been subcontracted on by BQ. And, by the way, BQ has been paid in full for that job, and the dispute is between BQ and Liberty and not between the county and Liberty. So to that end, what -- given the fact that we have the FDLE investigation ongoing, given the fact that at this time we do not know how much BQ may, in fact, owe us, it is essential that we recover these county funds because it is county property, not BQ property in the county's possession. And so I am asking the Board to direct the County Attorney to file a motion to intervene in this case, and that has to be done by tomorrow because the case is ongoing until tomorrow. We have the ability to intervene 10 days after the issuance of the Court's order, and Page 46 May 24, 2016 that was on May the 15th. And to ask the County Attorney to do everything necessary to recover these county funds back to the county coffers, and then we can, after the close of the FDLE investigation, make a determination of what payment, if any, should be made to BQ in light of whatever FDLE's determination is. The Clerk has basically acted as if there is no FDLE investigation. The Clerk has made payment as if he did not conclude in his own internal audit, which he presented to us several meetings ago, that BQ padded its invoices to us. And so, in effect, if we allow this payment to go through, Liberty and BQ, in effect, will have been paid twice for the same work by the county and paid more than it should have been paid given that it appears that the underlying Liberty invoice is inflated. CHAIRMAN FIALA: Okay. Now, I have Dwight standing here. I've got Commissioner Taylor first up. COMMISSIONER TAYLOR: I'd like to ask the County Attorney something, if I may. CHAIRMAN FIALA: Sure, go ahead. COMMISSIONER TAYLOR: County Attorney, how do you deny a writ of garnishment from the Court? MR. KLATZKOW: How do you deny a writ of garnishment from the Court? COMMISSIONER TAYLOR: The judge says, I'm going to -- yeah, how do you deny it? MR. KLATZKOW: Okay. Let's talk about this particular instance. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: In this particular instance, you had an order where the garnishment was conditioned on the Board's consent of the payment of invoices. Page 47 May 24, 2016 You approved those invoices at your last meeting. Now, you may not have known that you did that, all right, but you did; hence, the reason for the reconsideration. I've always been reluctant on a reconsideration when it came to checks. I don't know how you unscramble that egg. But if you believe that that payment was improper, all right, and that the money should come back, especially in light of the criminal investigation going on, I will do everything I can to get that money back, making no assurances that I can given what has happened at this point in time. COMMISSIONER TAYLOR: So when the Judge decides and he -- a writ of garnishment is a judicial decision; is it not? MR. KLATZKOW: Yes. You had an order. The order was conditioned on your approving the invoices, which you did at your last meeting. COMMISSIONER TAYLOR: Okay. I just -- you know, I always thought when a judge tells you to do something -- MR. KLATZKOW: Okay. But mind you, we were not a party. This board was not a party to that proceeding. I was unaware of that proceeding until Commissioner Hiller's Executive Summary came around. COMMISSIONER TAYLOR: Is that a problem that we were not a party to it? MR. KLATZKOW: Had you been a party to it, we would have had knowledge about it and, you know, clearly we would have raised certain defenses like the criminal investigation going on and whatnot. There may not have been, by the way, a different result. Of course, had you known that your permission was required for the invoices, you would have clearly made -- had the opportunity to make a decision that on under no circumstances will these invoices be paid. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: You were never given that opportunity. Page 48 May 24, 2016 COMMISSIONER TAYLOR: Okay. From lack of knowledge. MR. KLATZKOW: From lack of knowledge, yes. COMMISSIONER TAYLOR: Not deliberately doing something? MR. KLATZKOW: No. There's nothing here deliberate, I don't think. COMMISSIONER TAYLOR: Okay. COMMISSIONER HILLER: On the part of the Board. COMMISSIONER TAYLOR: But I don't understand how it's a part of the Clerk. What is deliberate on the part of the Clerk? I mean, that's what this is all about. Here we go. So what is deliberate? If the Judge orders a writ of garnishment, what's a judge -- what's anyone supposed to say? No? MR. BROCK: Madam Chair, may I speak? CHAIRMAN FIALA: Yeah. I've got people lined up here to speak, but we will let Dwight interrupt everybody. Go ahead, Dwight. MR. BROCK: Ladies and gentlemen, let's make it very clear to start with. The bills that you approved have nothing to do with the bins. We have been auditing BQ's bills. We have about $240,000 worth of bills which were outstanding that we were auditing. As we went through and audited those, we went out and actually measured the concrete and everything. And these are the ones that we have audited and made the determination that there isn't a problem with. As that occurs, we will be bringing additional ones to you. We started out this process with a -- after we came and told you that we were auditing this, I think Commissioner Hiller went on TV and said, you know, Mr. Brock is trying to punish people by withholding payment. And now then all of a sudden while we're trying to pay it, we shouldn't be paying it. You got to tell me which one of Page 49 May 24, 2016 them it is that you're really trying to get at. But let's explore what transpired here, okay. In this particular case, the subcontractor, Liberty Concrete, filed suit against BQ Concrete for work that he did on those bins. Had no interest on the part of the Clerk or the county with regard to that, and the Court entered a judgment on behalf of Liberty Concrete in that action. Once that action was completed, then Liberty Concrete filed what is called a petition for a writ of garnishment. That petition was served on the Clerk of the Circuit Court through the process of a summons telling us, essentially, we have this judgment, if you have any interest in property, you need to tell us what it is. Let me read to you the Clerk's response. In part it says that the Clerk is the custodian of Collier County funds and this duty is nondiscretionary, rather it is mandated and well established that -- the Clerk has a fiduciary, essentially. And it says that the Board of County Commissioners has not yet approved an expenditure of the following amount but may be, perhaps, indebted to plaintiff as -- in an amount as great as $234,873 to BQ Concrete. This amount has not been tendered to BQ nor any other party because the Clerk is in the process of conducting an audit of the requested expenditures and is currently investigating alleged misfeasance or malfeasance of one or more BQ, LLC, employees and/or agents. All of-- as the custodian of all county funds, the goal of the Clerk is to protect the public funds from misappropriation and to verify the legal payment and to ensure that county funds are expended only as authorized by law. The Clerk, as Custodian of County Funds, believes Collier County may or may not be indebted to Collier County -- or Clerk may be indebted to the defendant, BQ Concrete, LLC; however, if the Clerk determines that the funds are owed to the defendant, the Clerk will Page 50 May 24, 2016 maintain custody of the funds until otherwise directed by the court of competent jurisdiction for me to release those funds. That is, essentially, the answer that we gave to the Court. Then the Court sets a hearing before the Court on the judgment for garnishment. I personally appeared on behalf of the Clerk to ensure that the Court knew and understood until such time as the Board had approved it and the Clerk had approved it for expenditure, there could not be any disbursement of funds. But once that took place, I would then be in custody of funds that were to be disbursed to BQ Concrete. Ladies and gentlemen, this action doesn't involve Buddy Quarles at all. It is BQ Concrete, LLC. Now, as this process took place, we finished auditing some of the bills; we brought them to you for approval pursuant to the court order. We put them on the schedule, brought them before you. We had audited them and determined that it had a valid public purpose and they were legal. We got what we were entitled to. We brought them to you pursuant to the direction of the Court in the Court Order in the other case. You-all approved them. So we do what we did with every other bill. We at that point in time followed the direction of the order of the Court, which says, the Clerk has sequestered sufficient funds to pay the invoices from BQ. The Clerk, in conjunction with the Board of County Commissioners, is in the process of investigating the invoices. In the absence of formal approval of the invoices by both the Clerk and the Board of County Commissioners, none of which have occurred, the Clerk is not authorized to make any payments to BQ. The Clerk shall exercise all reasonable diligence in completing its investigation. If it determines the payments are due, it shall exercise the same diligence and facilitating for payment from the BCC. If at any time before the BCC and the Clerk formally approve any Page 51 May 24, 2016 of the invoices, the Court finds that for the purposes of the plaintiffs writ of garnishment only, the county's obligation to pay BQ relates back to the plaintiffs petition for writ of garnishment. Okay. In essence, what it said was, until such time as it has been approved by both the Board and the Clerk, you cannot make any payment. But if, in fact, it's approved by the Board and the Clerk, you make payment not to BQ. Even though it's BQ's bill, you make payment to Liberty Concrete. It was an order directing me what to do by the Court. The documents I will submit into the record of everything that transpired there. I know nothing about the case that precipitated the judgment of which the garnishment was issued on. I did everything by the book. If you have any questions, I'll be more than happy to answer them. I did what the Court directed me to do. But let's understand something, ladies and gentlemen. I have sequestered more than enough funds owed -- or in the form of bills from BQ to make Collier County whole with everything that I'm aware of at this point in time plus much more. CHAIRMAN FIALA: I know that you need to take a break. It's time for you to take a break, but we need to finish this. And so -- can you -- COMMISSIONER NANCE: Let's take a break. COMMISSIONER HILLER: Let's take a break. CHAIRMAN FIALA: Can you -- take a break? Okay, good. We'll do that then. Thank you. We'll take a break for 10 minutes, all right. (A brief recess was had.) CHAIRMAN FIALA: Thank you. And we're back in session. Okay. So now, Commissioner Nance, you're up. Page 52 May 24, 2016 COMMISSIONER NANCE: Well, I don't know. This whole thing is very confusing to me, and I don't really understand exactly how we get here. It's my understanding -- now correct me if I'm wrong, but this is the way I'm looking at it. And my understanding on this is absolutely incomplete, and I think everybody's -- I don't think anybody is acting with full knowledge of the facts. We have an ongoing investigation on the activities of BQ Concrete, and not only that, but one of-- the subcontractor for BQ Concrete under some of this is Liberty. So we've got different invoices from Liberty. I don't think it's clear who owes what to who between BQ and Liberty. In the meantime of this criminal investigation, we've already expensed money, it's been suggested, we've improperly -- or overpaid BQ, so we don't know what money is owed to the county with definity yet. That is still under investigation and undetermined. I don't see how we can possibly know what money, if any, is owed to Liberty from -- you know, they're saying they haven't been paid. We don't know. I think the investigation has to be completed before we know that. In addition to that, in the interim, Mr. Quarles dies, so now we have an Estate of Mr. Quarles. I don't think anybody understands when the relationship is between BQ Concrete and the Estate of Mr. Quarles, which creditors other than Liberty are out there to deal with what BQ Concrete owes to who and what the effect of Mr. Quarles' Estate is on this whole thing. So, and in addition to that, I don't think the Court is aware of all of this, and I certainly know that the Board of County Commissioners is unaware of it. There was no discussion of this at the last meeting, for some reason, as to some resolution of what was going on with the debt to BQ. I thought this was all under investigation. Page 53 May 24, 2016 So how we can get to this point and say that we should be writing additional checks to somebody is beyond me, because I don't know who owes who to who, and I don't think we're anywhere close to knowing, so -- MR. BROCK: May I respond? COMMISSIONER NANCE: I think that the -- I'm not sure that the Court understands it either, and I'm not saying the Court made an error. I'm just saying I don't know how anybody knows enough to be able to pay -- to be able to pay anyone at this point, and I don't know how we get to that. MR. BROCK: May I respond now? CHAIRMAN FIALA: Dwight, I've got two other commissioners. MR. BROCK: Okay. But may I respond to what he said? CHAIRMAN FIALA: Okay. Can you cut it short, though? Thank you. MR. BROCK: The Court entered a judgment. Obviously, the Court knew what it was doing when it entered the judgment. I was not a party to that, Commissioner, neither were you, but I'm assuming that the Court knew what it was doing, and that's the only thing I can do is assume that it knew what it was doing when it entered a judgment against BQ Concrete Corporation on behalf of Liberty Concrete Corporation. COMMISSIONER NANCE: Mr. Brock, I'm not saying that the Court acted improperly with the information that it had. What I'm suggesting to you is it has not been provided full information by either you or the Board of County Commissioners or any of these other parties. So what I'm saying is, we got a bad result that may not be the fault of the Court or yourself. But am I incorrect saying that all this stuff is unresolved? It's all -- is any of this resolved? MR. BROCK: What is bad with the result? The little man got Page 54 May 24, 2016 paid. Is that so bad? COMMISSIONER NANCE: Sir, I'm not so sure there aren't a whole bunch of little men and other creditors involved in this thing. I'm concerned that we may be taking action and have these other creditors come back and say, hey, the Board of County Commissioners is picking winners and losers. You paid this guy where there may be another creditor out there somewhere in this conundrum of nightmare that is in a worse position than Liberty. And I'm not sure the Court's in a position to know that. I certainly don't know that. But I would not be surprised if there were people standing in line. MR. BROCK: Well, Commissioner, let me read the final judgment -- COMMISSIONER NANCE: I don't want you to read me the final judgment. MR. BROCK: -- of garnishment. It answers your question. It says that they will stand in line ahead of anyone else that steps forward, and Liberty will be paid first. The judgment says that, Commissioner. You know, here's the problem with this: The problem with this is what I have been saying since day one. You-all don't have a clue as to what it is you're approving. You're just rubber-stamping the document that gets brought to you. CHAIRMAN FIALA: Okay, okay, okay. Now, let's not make accusations. And, you know, we've got -- MR. BROCK: That's all you-all have been doing all morning, Commissioner. CHAIRMAN FIALA: Dwight, we've got two other speakers. Let us hear the other speakers. The first one is Commissioner Henning. MR. BROCK: Certainly. COMMISSIONER HENNING: Mr. Brock, Dwight -- Page 55 May 24, 2016 MR. BROCK: Yes. COMMISSIONER HENNING: -- did you get copies of this add-on item on all the backup material? MR. BROCK: Yes, sir, we did, yesterday about three minutes before five. COMMISSIONER HENNING: About the same time that the rest of us did. MR. BROCK: I have no idea when anybody else got it. But I can tell you we didn't get it until right before we walked out of the office yesterday. COMMISSIONER HENNING: Now, in this case, like I would assume any other case, all documents submitted in a court on a legal action is valuable in your records, right, your court records? MR. BROCK: They are. And Commissioner Hiller actually on, I think it was April the 12th, acknowledged that she was fully aware of the litigation going on between Liberty and BQ. COMMISSIONER HENNING: Oh, that's surprising. Well, I shouldn't say that. MR. BROCK: Would you like the transcript? COMMISSIONER HENNING: Of the Court's? MR. BROCK: Yes. No, of the meeting. I mean, we're -- your County Attorney told, basically, the world that what needs to happen is BQ needs to be sued by Liberty, which Liberty did. COMMISSIONER HENNING: Well, my question is, any of this backup material that you got a few minutes before five last night -- MR. BROCK: Right. COMMISSIONER HENNING: -- is in the court record except for the findings of the Court's? MR. BROCK: The findings of the Court are in the court record. COMMISSIONER HENNING: Right, the finding in the Court, but the submission of Liberty's -- in Liberty's argument for Page 56 May 24, 2016 garnishment, is that in any of this backup material that you received from the county? Obviously, he had -- MR. BROCK: I don't know the answer to that. Crystal, was it? Did you get the -- MS. KINZEL: No, sir. I have the whole package, and only the final judgment of garnishment and the amended final judgment of garnishment was included in the agenda item. COMMISSIONER HENNING: So the Judge had to make a finding that there's actual cause for garnishment? MR. BROCK: Well, I mean, absolutely. The Judge took testimony. I spoke to the Court and explained to the Court that nothing could be paid until such time as both the Board of County Commissioners and the Clerk of Court had approved the expenditure, and until that had occurred, there would be nothing that was in the hands of the Clerk that technically would be BQ Concrete's. And the Court fully understood that and wrote that into his order. COMMISSIONER HENNING: The -- Commissioner Hiller's alleging that Liberty overbilled BQ. And I'm sure that the Judge -- Liberty had to submit to BQ invoices or something saying -- MR. BROCK: I was not a party to and have absolutely no knowledge of what was submitted to the Court. That is in the Court's province. And the Court and the Clerk's Office have an understanding. COMMISSIONER HENNING: But there's -- in this invoice that's in the backup material that we received late -- MR. BROCK: Right. COMMISSIONER HENNING: -- it's not marked as an exhibit like you would see in the Court. So I would say that everything except for the findings or the court order was not anything considered by the courts because it's not even marked as an exhibit. MR. BROCK: I have no -- no information or knowledge. Page 57 May 24, 2016 COMMISSIONER HENNING: Now, I think there's -- MR. BROCK: But, Commissioner, let's also understand that in the Dolphin SAP system at the time that this particular agenda item was approved, the writ of garnishment was in that system. Both you and your staff-- all of the commissioners and your staff have access to SAP. So it was public information from your perspective in that record. COMMISSIONER HENNING: The investigation, what -- I think the -- Leo, the county has asked for an investigation by the Sheriffs Department or somebody; is that correct? MR. OCHS: Yes, sir. We went to the sheriff and filed a complaint. They subsequently handed it off to the Florida Department of Law Enforcement. COMMISSIONER HENNING: And what was the request to investigate? MR. OCHS: There was a concern about an over -- an inaccurate invoice that was submitted. COMMISSIONER HENNING: What invoice? MR. OCHS: There was two or three of them, sir, from -- COMMISSIONER HENNING: What -- do you recall what they were? MR. OCHS: They were subcontractor invoices that didn't match up with the originals. MR. BROCK: Was this invoice for the bins one of them? COMMISSIONER HENNING: Yeah. Was -- which -- was it -- the job that happened at the road maintenance facility one of them? MR. OCHS: Not to my knowledge, no. COMMISSIONER HENNING: Are any of them that were on the payables report in the backup material that the Board approved last meeting? COMMISSIONER HILLER: Leo, may I? Page 58 May 24, 2016 COMMISSIONER HENNING: Nope. Madam Chair, I have the floor. CHAIRMAN FIALA: I know you do. MR. OCHS: Again, I don't know, sir. I'm going to have to take a second look at these. I hadn't seen any payments in a while to BQ so -- COMMISSIONER HENNING: Okay. Well -- MR. BROCK: The answer to that, Commissioner, if I may. COMMISSIONER HENNING: Here's -- here is the -- do you know what -- the complaint or the request for investigation by the county to the Sheriffs Department? MR. BROCK: Ido. COMMISSIONER HENNING: Okay. Was it the sidewalk installation of-- that was on the Board's approved -- for the Board to approve? You have one, two, three, four, five, six, seven, eight, nine, 10 invoices for sidewalks. Do you know if any of these are being investigated? MR. BROCK: No. COMMISSIONER HENNING: They're not being investigated. MR. BROCK: No. These are sidewalks that we have gone out, and we have measured the sidewalks to ensure that they comport to the bills that were submitted to us for payment. COMMISSIONER HENNING: Did you -- MR. BROCK: Once we discovered that they were submitted falsified invoices, we began going through them with a fine-tooth comb. COMMISSIONER HENNING: Did you confer this with the county staff of these jobs? MR. BROCK: I think we had to communicate with county staff in order to be able to process these, yes. County staff had to sign off on them. COMMISSIONER HENNING: County staff had to sign off on Page 59 May 24, 2016 them. Was there any reconsideration on their sign-off because it was being investigated? MR. BROCK: No. They were actually some of the invoices that had been submitted by BQ that were still in the hands of your county staff that had not been approved, and we called and asked them what was the status of that when everyone was saying, oh, the Clerk is being mean and not paying the invoices to BQ. So we were trying to get all of those processed and dealt with. COMMISSIONER HENNING: Well, Madam Chair, my comment is, from what I'm hearing, these payments that the Board approved are not the ones under consideration of investigation. MR. BROCK: No. Commissioner, I would not go so far as to say that. COMMISSIONER HENNING: I've heard -- well -- MR. BROCK: I would go so far to say that, you know, probably everything that BQ did is under investigation but not as a consequence of a complaint from the county. COMMISSIONER HENNING: Well, that's the question is -- I know that the facility -- maintenance facility is under question. The bill submitted by BQ to the county is under investigation. And I know that the Vanderbilt Beach wall is under investigation. But what I've heard, Madam Chair, is these are not under investigation, so we should have released payment of these sidewalks. MR. BROCK: And there's about $185,000 worth of bills that we have not been able to process yet. CHAIRMAN FIALA: Okay. That's it, Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Thank you. To begin, Mr. Brock, you had a duty to inform the Board when you were joined in the suit as a garnishee because you know that the Page 60 May 24, 2016 Board of County Commissioners has an interest in this property, and only the Board of County Commissioners can sue and be sued in the name of the county. You had no right to stand before that judge and say that you alone could be the garnishee. MR. BROCK: And I never did. COMMISSIONER HILLER: And you ought to have also informed the Court that BQ was under investigation by FDLE and that the property that Liberty was claiming was BQ's property at this time is not BQ's property because we do not know to what extent BQ may owe or the estate of Buddy Quarles may owe the county in light of what you properly just described as the ongoing investigation of BQ and not just of specific invoices that Commissioner Henning just listed. You didn't tell this board when you presented your internal audit findings of BQ that you were in the middle of this garnishment litigation. You didn't tell this board. You didn't tell the County Attorney. Had you done so, we could have intervened, and we are indispensable parties in this case. And, in fact, we are indispensable parties in this case in front of a judge who cannot hear any matter involving Collier County because there's a standing order that requires Judge Hayes to recuse himself when any matter regarding Collier County comes before him. And Commissioner Nance is absolutely right, there are unknowns. And to the extent that there are unknowns, we need to direct the County Attorney to intervene in this case and to give the County Attorney the opportunity to review all the facts in order to be able to file a motion for a rehearing to bring the proper facts before the new judge to make a determination whether or not county property is, in fact, BQ property and subject to garnishment. And Commissioner Nance is also correct in saying there are other Page 61 May 24, 2016 creditors out there. What ou did does not comport with the law, and Y you failed to disclose with candor to this board, to our County Attorney, and to the Courts what was really going on. You did not defend against the garnishment, and you knew you should have. CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: You're an attorney. If I may. It is absolutely essential that we give the County Attorney the opportunity to intervene and let him proceed with making a determination of how to recover these funds back in the public coffers. These funds -- and just if I may say one other thing before I continue. You made the statement, Mr. Brock, that the Board approved payment based on the payables report that's before us. MR. BROCK: No, ma'am, I did not say any such thing. COMMISSIONER HILLER: The Board of County Commissioners did not approve payment to Buddy Quarles or to Liberty at the last board meeting. We did not approve payment, with knowledge, to either of those parties. And, in fact, that discussion was had by way of email as a result of the incorrect approval due to the scrivener's error that was described this morning. You went ahead two days after the meeting, which was held on May 10th, and on May 12th you issued the check. And what you did is you didn't have, as backup, money that you had sequestered. You took BQ's invoices, and you modified those invoices, and you turned those invoices into credit memos by your staffs own hand, and then you issued payment to Liberty when you knew the Board had never approved payment on May 10th to Buddy Quarles or to Liberty or to BQ for that matter. And, in fact, again, the schedule that's on the overhead is what was brought before this board, and what the Board intended, but for the scrivener's error by the County Manager, was not to approve this Page 62 May 24, 2016 schedule but rather to continue it because it had not been pre-audited, just like we do at every prior meeting. You acted as if there was no pending criminal investigation. You acted as if your representations to us based on your internal audit didn't exist. You can't have it both ways. CHAIRMAN FIALA: So did you want to, then, make a motion to do something with the -- COMMISSIONER HILLER: Yes, I do. And I'd like to make a motion -- if I may continue -- MR. BROCK: I would like to respond to what she has said, Madam Chairman. COMMISSIONER HILLER: If I may; if I may. I'd like to make a motion -- thank you, Madam Chair. I'd like to make a motion to direct the County Attorney to intervene in Case 15-CA-1603 and then to take whatever action is necessary to recover what the Clerk has improperly paid to Liberty back into the county coffers because it is our legal duty to do so as the Board of County Commissioners. These are public funds that should not have been paid to Liberty. CHAIRMAN FIALA: Okay. So you have a motion on the floor. Is there a second to that motion? COMMISSIONER NANCE: I will second it for discussion. CHAIRMAN FIALA: Okay. We've got a second on the motion. Now, Commissioner Henning, you're up next. COMMISSIONER HENNING: Well, I just want to point out, I know that we have ongoing add-on items. This was -- information was voluminous. And it seems to me like it's more of a campaign issue of Commissioner Hiller running for Clerk of Court than anything. But part of what she put in there is the rules for intervention. Anyone claiming an interest in pending litigation may at any time be Page 63 May 24, 2016 permitted to assert the right for intervention. But intervention shall be in subordination to and reconsideration of the propriety main -- of the main proceedings unless otherwise ordered by the Court at its discretion. This is not pending litigation, all right. There's already a ruling by the Court. COMMISSIONER HILLER: It's pending until tomorrow. MR. BROCK: Commissioner? COMMISSIONER HENNING: So -- and the other thing, you know, this -- this quarrel between the County Manager and the Clerk of the Court of these items, how many other companies are not getting paid because you're asking for a continuance until the Clerk of Court audits? MR. BROCK: Commissioner, this is not the report that you-all approved these on. COMMISSIONER HENNING: I'm sorry? MR. BROCK: Contrary to Commissioner Hiller's assertions -- look, there is a case between the Board of County Commissioners and the Clerk of the Circuit Court, and a court entered a temporary order setting forth the procedure that is to be followed in you approving and the Clerk making payment. That report comes to the Board every week, or every two weeks at every meeting, and the one with these items came. In addition to it being here, it was on that, and you-all approved it. COMMISSIONER HENNING: Yeah. COMMISSIONER HILLER: No. MR. BROCK: And we followed the directions of the Court in making the payment, and we followed the directions of the Court in the writ of garnishment in making the payment to Liberty. COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: Okay. Now, it seems that all we're doing Page 64 May 24, 2016 here is arguing. MR. BROCK: I don't -- you know, I don't have a problem with you-all intervening and do what you want. That's not my problem. That's not my issue. CHAIRMAN FIALA: Okay. MR. BROCK: My issue is -- CHAIRMAN FIALA: Dwight? MR. BROCK: -- we did what we were told to do by the Court. CHAIRMAN FIALA: Now, we've got other people to speak here. It seems that we're just -- and we're accomplishing nothing. All we're finding is arguments here. And I don't even -- I don't even understand where anybody's gotten all of this information. I don't have most of the stuff everybody else is referring to. So -- that's all right. COMMISSIONER TAYLOR: Madam Chair? CHAIRMAN FIALA: I can't read it now anyway. MR. BROCK: Probably because it wasn't filed until 5 o'clock last night. COMMISSIONER TAYLOR: Madam Chair? CHAIRMAN FIALA: Yes. Commissioner Taylor, first is Commissioner Nance, and then you. COMMISSIONER TAYLOR: Normally -- CHAIRMAN FIALA: Please. COMMISSIONER NANCE: I'm going to -- I'm going to try to lend a little structure to this. I think there are a lot of unknowns here. I think there are a lot of moving parts. I think this is a very complicated situation that involves many parties, and I don't think there has been a very good communication between any of the parties so that the Board of County Commissioners can make any rational decision. Mr. Brock may be absolutely correct that a lot of this information is a matter of public record; however, I don't think there's anybody Page 65 May 24, 2016 sitting on this dais here that can go through an Easter egg hunt every month to try to get information. There was an opportunity last month to discuss it and say, hey, this is an update, this is what's going on, these are the things that the Court have ordered, this is what I'm going to do, you need to know. There was none of that. I don't think there's any person with the county, other than the County Attorney, that can take a look at this, make a determination where we are. But I think we need to stop taking action here until we understand what's going on. I don't think I can make a decision because I don't think people are giving me all the information. I think it's conflicted. And I just recommend we give this to the County Attorney and let him take the action that he thinks is in the Board of County Commissioners' and the county's best interest. That's my recommendation. COMMISSIONER HILLER: I agree with that. CHAIRMAN FIALA: Which is -- COMMISSIONER TAYLOR: Not the motion. CHAIRMAN FIALA: -- on the floor. The motion's on the floor and seconded. COMMISSIONER NANCE: Yes, ma'am. CHAIRMAN FIALA: And we haven't voted on it yet. I've got two more or three more commissioners -- COMMISSIONER NANCE: I don't know what else we can do to -- CHAIRMAN FIALA: I don't know either. COMMISSIONER NANCE: -- get this back under control so that everybody understands what's going on. CHAIRMAN FIALA: Except for that, yes, and just give it to the County Attorney to sort out. Okay. Commissioner Taylor? Page 66 May 24, 2016 COMMISSIONER TAYLOR: You know, normally I would have denied even hearing this because it's so complicated, and to come in at 5 o'clock yesterday doesn't give me time to get into it nor to ask staff what is going on. I understand that there's a timeline issue, and I can respect that. But the motion on the floor isn't to ask the County Attorney to render a decision. The motion on the floor is to ask the County Attorney to intervene. That's a different animal, and I cannot support it. If we are saying this is way too much right now, we need to step back, we need to get the facts before we act, I'm 100 percent behind it. But I cannot support intervening in an action that I'm not even clear needs to be -- have intervention in. So I cannot support the motion as stated. I can support taking a deep breath and asking our County Attorney to work with the Clerk and to figure out what is going on and to put it so that this commissioner can understand. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yes. The intervention effectively states the case, and we only have until tomorrow to do it. Intervention doesn't mean that we have to take any action beyond. It just puts us in the position that if we want to participate in this case we can. If we don't take action, this case will no longer be pending after tomorrow. And the reason it's pending is because there was an amended order issued by the Court on May the 10th. And the reason that I brought this forward at this time is because between the last meeting and this meeting I found out that there was an amended order which gave us the opportunity to join the suit to be able to recover the funds. If we don't allow the County Attorney to intervene, we are going to be barred from participating in this case. And so what we are doing is merely preserving our right, Page 67 May 24, 2016 essentially staying this case to allow the County Attorney to investigate what the proper approach should be to recover the funds back into the public coffers, and then he can decide, you know, whether he wants to file a motion for rehearing, file a motion to have the Judge recuse himself, file a motion to dismiss to vacate the judgment, whatever he deems appropriate to recover the money. But the motion to intervene is absolutely necessary. Our deadline is tomorrow. We can't do it at the next board meeting. And, like I said, it just gives him the opportunity to join the suit and then make a determination of how he wants to act based on his further, you know, research of the law and the facts of the case. MR. BROCK: And I agree with that. I think that's the only thing that she said I've agreed with all morning. But I agree with that. He can file the motion for intervention. And if he makes a determination that he needs to intervene, he can proceed and, otherwise, he can dismiss it. CHAIRMAN FIALA: Okay. So I have a motion on the floor and a second and the Clerk's agreement as well. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. You're up to bat, Jeff Thank you. COMMISSIONER HILLER: And, Jeff, I just want to say one thing for the record with respect to --just for clarification. The invoice that was attached in your backup or the invoice that -- the invoice that Liberty attached to its pleadings -- so you should be -- that was also in Page 68 May 24, 2016 the court record. COMMISSIONER HENNING: That's got to be marked as an exhibit. You need to do your own homework, Jeff, because, you know, there's a lot of politics going on right now. COMMISSIONER HILLER: They're not politics. It's just the law. CHAIRMAN FIALA: It seems always there's a lot of politics going on, and I'm glad I'm not a part of the politics. Boy, oh boy. Okay. We move on to 11D. Item #11D AWARD BID NUMBER 16-6602, "NAPLES SOUTH WATER MAIN REPLACEMENT," TO KYLE CONSTRUCTION, INC., IN THE AMOUNT OF $1,392,752.40. (PROJECT NUMBER 71010) — APPROVED MR. OCHS: Yes, ma'am. 11D is a recommendation to award a bid to -- for the Naples South Water Main Replacement Project to Kyle Construction in the amount of$1,392,752.40 as the lowest responsive bidder. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. Wonderful presentation, Steve. Thank you very much. I have a motion on the floor and a second to approve. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. Page 69 May 24, 2016 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Item #1 1 E ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FY 16/17 ALLOCATION IN THE AMOUNT OF $2,183,568, SIGN THE FISCAL YEAR 2016-2017 FUNDING CERTIFICATION AND APPROVE THE NECESSARY BUDGET AMENDMENT — APPROVED MR. OCHS: That takes us to 11E, which was previously 16D4 from your consent agenda. This is a recommendation to approve the acceptance of State Housing Initiatives Partnership Program Fiscal Year '16/'17 allocations in the amount of$2,183,568, and sign the funding certification, and approve the necessary budget amendment. This item is moved at Commissioner Fiala's request. CHAIRMAN FIALA: Right. MS. GRANT: Good morning, Commissioners. Kim Grant, Director of Community and Human Services. I'd be happy to take any questions that you have or -- CHAIRMAN FIALA: Yes. MS. GRANT: -- I can give a brief presentation. CHAIRMAN FIALA: Thank you. What I just wanted to do -- I pulled this off because, as we spoke earlier this morning, I think that we have heard clearly that we've got new businesses coming, which is very important, and we've heard over and over and over again that we need to incentivize housing that is in the middle income. And I wanted to ask you if there's a way that your department Page 70 May 24, 2016 could focus this money toward building the housing that we need here in Collier County. And, by the way, I've also heard from the Immokaleeans, and they say as well that they don't need any more very-low-income housing, but they're desperately looking for middle-income housing for teachers, for nurses, for people to come -- firemen, deputies that can stay there, but there's no housing that's being built for them, and they're asking -- they're actually pleading as well to please build them housing. And so I thought, this is $2 million that you could target to -- as an incentive, incentive dollars to go toward building that type of housing rather than the very-low income. Between low and medium, you know, you've got a different set of rules in that area, and that just might be able to build the housing that we're all looking for. MS. GRANT: Okay. Well, definitely it has been cited repeatedly that we're looking for alternatives for people who are in the moderate income levels. CHAIRMAN FIALA: Yes. MS. GRANT: It's important that I remind the Commission that the SHIP money comes with strings attached, and one of the most significant strings attached is that 60 percent of the money must be spent on people who make 80 percent of the area median income or lower. CHAIRMAN FIALA: Right. That's the median. MS. GRANT: And so that leaves us with 30 percent that is allowable to go up to persons earning 120 percent of the AMI. And so, certainly, as we administer the program through purchase assistance and the other programs that we'll be operating, we'll look to fill as many of those slots in between the 80 and 120 as we possibly can. CHAIRMAN FIALA: And even, you know, if you hover around the 80, between 75 and 80, you're still getting a target area there that is Page 71 May 24, 2016 lacking right now. I remember just a few years ago we gave $9 million to Habitat for Humanity for them to buy houses or build houses or whatever, but we didn't focus that on any middle income, and that's why I pulled this off. I thought maybe this time we could use that money. And I don't know how you would use it, whether it be to pay impact fees or, you know, whatever it is to start giving people -- and a lot of times they don't need owner-occupied homes, because many of them -- say, for instance, all these new jobs that are being created are going to come here, but they need rental housing, but they need rental housing that would accommodate people in that area of middle income. And I would say from 75 to 110, you know, somewhere in that area. So maybe we could target that market and have your department do that, or is that asking too much? MS. GRANT: In general, it's not asking too much. We work with all the levels of population that we're allowed to within the program. When we came to you about a month ago, you approved the strategies for spending these funds. And, Nick, if I -- could I -- MR. CASALANGUIDA: Yep. MS. GRANT: -- have this for just a moment, please. MR. OCHS: You've got a PowerPoint? MS. GRANT: I do have one slide that I think might be helpful. And so what's on the screen right now is the allocation of funding that's planned for the SHIP funds for the next year, this $2 million, and you'll see it's allocated amongst several different categories of spending: Purchase Assistance, which is Down Payment Assistance; Owner Occupied Rehabilitation, so if you already own your home. And you can see that we've got a lot focused on rental, because that's been identified as a need in our community. Page 72 May 24, 2016 CHAIRMAN FIALA: Right. MS. GRANT: And so within each of these categories of spending, we're looking to keep that allocation as I described. CHAIRMAN FIALA: Okay. MS. GRANT: So, you know, within the $709,000 for purchase assistance, we'll be trying to bring as many people in in the 80-120 as we're allowed to within that block. CHAIRMAN FIALA: That's exactly what I'm asking for. And I think that's good. And while I'm wishing, I'm making my wish list also maybe in the rental area. I don't know if it would work in the owner occupied, but we have a tremendous shortage of housing for the elderly, and I think we need to target that as well. And I don't know what category they would fall into but, you know, those that cannot afford some of the houses but maybe could afford something in the rental area, you could assist them as well. So those are things that I think we should focus more on. And so it sounds like you're in agreement, too. And that would just accomplish all of that, so then I make a motion to approve as long as that's the criteria that you will be heading toward. MS. GRANT: No problem. CHAIRMAN FIALA: Very good. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Oh, thank you. And I have a second from Commissioner Nance. Oh, I didn't see. Which one's came up first, Hiller or Henning? COMMISSIONER HENNING: You can remove mine. CHAIRMAN FIALA: Oh, okay. COMMISSIONER HILLER: I'd like to comment on two things. The first is with respect to the purchase assistance. It's really critical that we expedite the purchase assistance because typically what Page 73 May 24, 2016 happens is you've got a buyer who has a deadline to close, and they're applying for purchase assistance, and I know your department is working very hard to process these applications. But I think, you know, from what I'm hearing from the mortgage brokerage community, we maybe have to be a little more expeditious because there are situations where the applications are not being processed in a manner that's allowing the closing deadlines to be achieved and, you know, there are delays and then other buyers come along and then they lose the property, and it's problematic. So I think that's something that we really need to focus on, you know, because it is our goal to help. The other thing that I would say is that I agree with Commissioner Fiala. Within the various tiers of income qualifications, at every level we have seniors, and I do think that focusing on those seniors is very important because the difference between the seniors and the other segments of the population within the tiers is that many of the seniors are on fixed incomes, and they have no choice to better themselves because they can't get employed. You know, maybe they're so elderly that they can't physically work, or somehow they're ill or handicapped. So what Commissioner Fiala is saying is spot on, and we need to, you know, as we do these allocations, if we legally can, look at our senior population within each tier and try to focus on them. And I don't know if you can allocate a certain percentage within each tier to be senior citizen funding, if that's possible. And then second -- and, thirdly, is let the brokerage community know if we're doing that, they're able to tell prospective clients that they qualify and this is available to them. Because either the real estate agents or the brokers don't know, or the buyers don't know. And then they can't avail themselves, they can't, you know, get the housing that they would otherwise qualify for. Page 74 iI May 24, 2016 ' Yeah, I would have CHAIRMAN FIALA: That's a great idea. ea , never thought of that. That's a good idea. I see that we have some speakers. MR. MITCHELL: Yes, ma'am. We have one registered speaker. Cormac Giblin. MR. GIBLIN: Good morning, Commissioners. My name's Cormac Giblin. I'm Senior Project Manager with Habitat for Humanity. I'm here in favor of the item as presented by staff. One thing I would remind the Commission of in this item, though, is as Ms. Grant said, this is state money. It comes with certain state percentages that you must follow and, in that light, the staff is doing what they can within the frameworks of the overall state SHIP program. We are in the midst of a housing crisis here in Collier County. We see it every day in the paper, and it covers all the income gamut, from extremely low income up to moderate and gap housing. The SHIP program is a State Program that focuses their energies in certain aspects of that housing gamut. One thing that, you know, in the future, maybe we'd like to see more of it -- more of the SHIP funding actually focused on the purchase assistance or the owner-occupied housing and not so much on the rehab aspect of housing. There is -- there are -- but, again, there are certain state guidelines within the SHIP program that say that so much needs to go towards construction activities, and that's what the staff is attempting to do here. But we receive -- in the past year we've received over 1,700 individual inquiries of people walking into our office looking for housing assistance. We build a little over 100 homes a year, so that's 1,600 other people who had to seek housing answers elsewhere than Habitat for Humanity. So anything we can do, we're happy to. Thank you. Page 75 May 24, 2016 CHAIRMAN FIALA: Thank you. So -- oh, yes, Commissioner Hiller. COMMISSIONER HILLER: I just want to clarify one thing for the record. Mr. Giblin used the word "crisis," but we have had a housing inventory done by our staff which doesn't suggest a crisis but suggests that there is a need for us to continue our commitment to provide affordable housing for our community and that the shortfall that exists right now is in the rental market which is the focus of why the SHIP allocation is in rental development acquisition and rehab on the back side of the one-third, one-third, one-third. So I just -- because -- is that correct? I mean, when you did your inventory, did you determine that there was a crisis, or did you determine that there was an ongoing need that -- in the rental market and that there was deemed to be adequate affordable housing with respect to the other segments of the population? Because that's how it was reported to us at the board meeting. MS. GRANT: Right. So there were two aspects to that view. The first view was a prospective view because our charge was to try to create a model for the need -- COMMISSIONER HILLER: The future, or course. MS. GRANT: -- for future. And when we look at future, right now the -- basically there are enough single-family homes on the market for the one year net influx of population to the county for -- to cover the owner occupied; however, there was already a dearth for the rental. COMMISSIONER HILLER: Right. That's what I recall. MS. GRANT: So that's for future. Now, there was also information that we provided related to households who are in homes or in rental, whichever, that are cost burdened. And our community does have a very high percentage of people who are cost burdened, which is one of the measures we look at Page 76 May 24, 2016 for, you know, people that are already here and housed in some manner. We would like for people to spend aggregately more -- a more appropriate amount on their homes and housing expenses than they are. But you certainly are correct in remembering that the prospective model indicated that, again, the net influx for next year or, you know, the one year hence, we were okay with single-family and we needed rental. COMMISSIONER HILLER: Thank you. Thanks for the clarification. MS. GRANT: Your welcome. CHAIRMAN FIALA: Oh, yes. Commissioner Taylor? COMMISSIONER TAYLOR: Are we not -- Leo, do we not have a consultant that's doing a -- are we not doing a study of affordable housing? MR. OCHS: Yes, ma'am. You authorized us to develop a community housing plan with the assistance of a consultant. COMMISSIONER TAYLOR: Okay. MR. OCHS: And Kim and her team are working on that right now. COMMISSIONER TAYLOR: And is it SAIL money, Leo? I was trying to understand. There's SAIL money, right, that the legislature has just appropriated; is that correct? CHAIRMAN FIALA: What is SAIL money? MR. OCHS: Yeah. SAIL is state funding available to developers of affordable rental housing, and it's one of a couple of different state funding sources, grants, that are available to applicants, and I think that's what Commissioner Taylor is referring to. COMMISSIONER TAYLOR: Yeah, and it's for rental. CHAIRMAN FIALA: I was talking to -- first I'll just say I have -- you know, I'm going to have some stem cell on my knee done, right? Page 77 May 24, 2016 And that's because Reinhold Schmieding was in here one day and talking about it. So afterwards I did talk with him, and we got into this housing thing. And he said, don't say "affordable housing" because that doesn't tell you what we really need. What we really need is medium income. What he called it was -- oh, gosh. He called it professional housing. And he said, so that's what you ought to say, because "affordable housing" scares people. And he says, and I'll tell you, we need middle income, or we need professional housing, young professional housing. And so, hence, he again was talking about that. I think so many people have said that. And we, in our area -- and I've said this over and over, so I don't mean to say it again, but there was just some rental units built, wonderful ones, really great, and there was another one in North Naples. I think it's Orchid Cove or something like that. And then there's Sierra Woods or Sierra Meadows, rather, and also Aster, right across the street from the hospital. And as fast as they were building them, they were filling them up. They were still constructing others, and they were already filling them up, which, to me, indicates how badly that segment of the market needs to be addressed. And I think these monies can go toward that and incentivizing developers, whoever they are -- I don't know who builds that type of housing, but to build that kind, Aster or Sierra Woods and so forth. So if you can search that out and help with that with these dollars, I think you're going to be answering a huge need. COMMISSIONER HILLER: And I agree with you, Commissioner Fiala, if I may. One of the issues is is that in our local community, like throughout the country, because of what happened during the most recent crisis in the real estate market, a lot of individuals out there don't Page 78 May 24, 2016 have the creditworthiness to be able to afford -- or to be able -- not affordability, but to be able to buy a home because the banks won't underwrite them for financing, and that's why rentals are in demand and should be made available to these people as an alternative to ownership because they deserve to have a home to live in notwithstanding that they may not be able to qualify for financing by a bank. And so, Commissioner Fiala, again, is right when she says, you know, the fact that these rental projects are filling up so quickly is, I think, indicative of a fallout of what happened during the real estate crisis to so many people with respect to their credit histories. CHAIRMAN FIALA: And, lastly, and we'll vote on that then. Another thing that I think that -- oh, gosh. Just like that, it is gone. Would you believe that? Well, we'll just vote. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #1 1 F FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., TO SHIFT REMAINING PROJECT DELIVERY FUNDS BETWEEN LINE ITEMS IN ORDER TO FULLY EXPEND REMAINING AWARDED FUNDS FOR ACQUISITION. THERE IS NO NET FISCAL IMPACT — APPROVED Page 79 May 24, 2016 CHAIRMAN FIALA: Okay. And you're next up also, and that's Item D13. MR. OCHS: Yes, ma'am. That's a recommendation to approve a first amendment to the sub-recipient agreement with Habitat for Humanity to shift remaining project delivery funds between line items within the grant. CHAIRMAN FIALA: And what I -- the reason I pulled this one off as well is CDBG funds -- as we've spoken before. It's not anything new, again -- can be used for other things like sidewalks and lights as long as they're in poor neighborhoods, right? MS. GRANT: (Nods head.) CHAIRMAN FIALA: Well, we have neighborhoods in Immokalee that are in desperate need of sidewalks, not just a few, but a lot of them, and they need streetlights there. You know, you need streetlights in higher -- I want to say this very, very nicely, in areas that you need to shine the light on things going on. And so -- and we're building sidewalks. We ought to be putting streetlights in at the same time, notwithstanding there are other places like Naples Manor and Thomasson and all of those things that also need streetlights and sidewalks. But right now my focus is on Immokalee because the things that we saw when we went on our tour just tugged at my heart. They need middle-income housing, and they need streets and sidewalks in those places that have long been overlooked. So I wanted you to take this -- I know there's not much there; $50,000 will do nothing, right? Or do you still have all of that money here? Have you used it yet? MS. GRANT: The $50,000 that we're looking to reappropriate has not been used. It was identified in this contract as an administrative allowable cost for the entity doing the work. Page 80 May 24, 2016 The group has suggested that we shift that away from paying their administration which, again, is allowable, and move it to actual purchase of a property, which will help an end beneficiary. Now, the benefit to me -- two or three things. "Me" meaning us, the Collier County. This project was approved over a year ago in the action plan that then came back as an agreement. It was approved as an agreement. So this $500,000 is earmarked for this purpose. If I don't spent the $500,000, I can, of course, reallocate funds. You've seen us come before you and do that. That's a process that takes me at least 60 days because I have to advertise and bring it back to you guys. Being able to spend it in the agreement that it's already been allocated to helps me achieve one of the important goals that we talk about with you once in a while, which is timeliness. I have a requirement to spend the money on a timely basis. And our timeliness test is taken August 2nd. So as you might imagine, as we near it, we're really watching every dollar. So you certainly do have the latitude as the Board of County Commissioners to direct me to reallocate these funds. I ask you not to and to keep them in this agreement for the purpose that's been approved all the way through, which would also allow me to spend the money timely. But you absolutely do have the choice. CHAIRMAN FIALA: Yeah. I think that we need to catch up on some of this backlog of sidewalks and streetlights, especially for the safety of the people living in that area. I'm only speaking of certain areas for those streetlights. But we need to be thinking about that so we can -- you know, as -- some of these areas are 30, 40 years old and still don't have a streetlight. MS. GRANT: That's true. And, Commissioner, just for your information, which may or may not help you feel better about your concern, we have already done the application process for the funds Page 81 May 24, 2016 that become available October 1st. And you may remember a meeting or two ago I confirmed with you our hierarchy of needs. And one of the projects that is intended to be recommended to you is a large sidewalk project in Immokalee, about a half a million dollars going to that project. There was also some funding going for some housing in Immokalee. So I think when you see that array, which is the next funding year starting October 1st, you'll, once again, see that it's, I think, hitting on the priorities that have been identified by the Board. CHAIRMAN FIALA: Will that housing be of moderate income, which will -- MS. GRANT: Yes. CHAIRMAN FIALA: -- answer their need? MS. GRANT: Yes. And it's actually rental housing. So we have a developer who's interested in doing affordable rental, and -- CHAIRMAN FIALA: Not affordable, but middle income right, like around 70 to 90 percent income? MS. GRANT: Yeah. We have to -- let's see. That's whole money, so I have to do less than 80, right? Yeah. It would have to be people for -- who are making less than 80 percent of AMI for that particular block of funding. CHAIRMAN FIALA: Well, I think -- I would think -- and probably others would know more than me, maybe even people in the audience, but I would think somewhere right around the 80 percent should accommodate. Can teachers and firemen live in 80 percent -- MS. GRANT: Yes. CHAIRMAN FIALA: -- you know, with what they make? MS. GRANT: So 80 percent AMI would be about 50,000 income. CHAIRMAN FIALA: Okay. So that would cover them, then. MS. GRANT: It absolutelyes. is� Y Page 82 May 24, 2016 CHAIRMAN FIALA: Okay. So if you can do that, at least it would be targeting the unmet need right now in Immokalee. That would be just wonderful. MS. GRANT: That's right. CHAIRMAN FIALA: And if you can take some of this extra and put some streetlights and sidewalks in, it would even be better. I want to tell you, whenever we get these from here on in, I want to discuss that, or just know that I want to fill these unmet needs. Now we've got a bunch more jobs coming in, and these people are going to come in; they're not going to want to buy a house. They're going to want to rent until they see where they want to live and so forth. So I'm glad that you'll be focusing on that. I'm -- in fact, I'm thrilled about that. MS. GRANT: We will be. MR. OCHS: Commissioner, we certainly understand and appreciate that concern. And I don't mean to belittle this amount of money, but, you know, $50,000, I was just discussing with Nick, isn't going to buy you much in terms of a sidewalk project or series of lighting improvements. CHAIRMAN FIALA: But the whole half a million will. She can reallocate it, she said. MR. OCHS: No, no, no. MS. GRANT: So the half a million is already -- you will be voting on whether you accept it or not, but has been preselected or conditionally awarded for a sidewalk project starting October 1st. I think -- CHAIRMAN FIALA: The half a million for sidewalks? COMMISSIONER HILLER: No, that's a prospective. MS. GRANT: That's prospective. COMMISSIONER HILLER: We're talking about the current year. Page 83 May 24, 2016 MR. OCHS: You're talking about reallocating this entire grant. CHAIRMAN FIALA: Yeah, yeah, to the needs that are there or that we're talking about. MS. GRANT: Okay. I do now -- okay. Thank you for the clarification. Approximately 450- of the 500,000 that's in the one we're talking about today, just to be really clear, has essentially already been spent. The only thing that we have latitude on are expenses that have not already been incurred. So this item is just about that approximately $50,000 that was previously identified to cover project delivery costs, administrative costs, and we're recommending that it be allowed to be -- go to the core purpose of the agreement, which is purchasing of properties that will be made available to low-income people. CHAIRMAN FIALA: Well, you can't purchase a property for 50,000, but you can surely purchase some streetlights. MS. GRANT: And -- CHAIRMAN FIALA: See -- COMMISSIONER NANCE: Ma'am, it's got to be done by August 2nd. CHAIRMAN FIALA: Yeah, you could purchase a streetlight by August 2nd. MR. OCHS: No. MS. GRANT: If you don't mind me jumping in for just a moment on the streetlights, just in general. I've started conversations with the growth management division because I'm learning how we have lighting districts and we have other lighting plans and so forth. And we've definitely heard your message. And I'm starting conversations with them about how, if at all, that can play into our future allocations. So I want you to -- I want to be clear, from my perspective, that you hear the message that we've Page 84 May 24, 2016 started those conversations, because we understand how important it is to you and to the entire commission. MR. OCHS: What is the process for reallocating this money in terms of the schedule? MS. GRANT: We would have to identify a project for it to go to. So if there was one ready, we can jump right into it. If not, we have to develop the details of that. Then I would have to do a 30-day advertisement in the newspaper to do what's called a substantial amendment to our action plan, and then we would bring it forth in the manner of a contract or an MOU, whatever the right form would be. COMMISSIONER HILLER: Fifty thousand is a substantial amendment? MS. GRANT: It is, because we would be moving it from the purpose for which it had already been identified to a different purpose. COMMISSIONER HILLER: But aren't you doing that now? MR. OCHS: No. MS. GRANT: No. MR. OCHS: We're just moving it in a line item in the existing project. COMMISSIONER HILLER: Oh, I see. Okay. I misunderstood. MR. OCHS: From admin to requisition. COMMISSIONER HILLER: So that doesn't require the same because it's within the same project. MS. GRANT: That's right. COMMISSIONER HILLER: I understand. MS. GRANT: But the whole 500,000 was going for the purpose. COMMISSIONER HILLER: I understand that clarification. CHAIRMAN FIALA: So, again, it's really not going to go to answer the needs that we really have -- it's going to go to something else, right -- the needs that I've been mentioning? And we're just not going to do that. Page 85 May 24, 2016 COMMISSIONER HENNING: Can we go to the speakers? CHAIRMAN FIALA: Yes. We're going to first go to Commissioner Taylor, and then we'll go to the speakers. COMMISSIONER TAYLOR: No. My question has been answered. I thought we were talking about $50,000. And there was an agreement, and I -- and so I'm interested in hearing from the speakers. COMMISSIONER HILLER: Can I just ask my quick question? It's a clarification of what staff said. CHAIRMAN FIALA: Sure, go ahead. COMMISSIONER HILLER: Did you say the 450- has been spent? CHAIRMAN FIALA: No. She didn't say it's been spent. It's been allocated. MS. GRANT: Has been -- okay. So the whole $500,000 has been allocated and committed in this contract with our sub-recipient. COMMISSIONER HILLER: And who's the -- MS. GRANT: The properties that they have identified actually exceed 500,000, but they understand that if this 50,000 isn't reallocated, then they're -- that will be at their own risk. So essentially the entire amount of contract has been obligated on property. COMMISSIONER HILLER: That contract is going to come back to us. Have we -- we haven't approved that contract. MS. GRANT: The contract for this project was approved last October. COMMISSIONER HILLER: Okay. MS. GRANT: And so this is an amendment asking to reallocate money within the agreement that you approved last October. COMMISSIONER HILLER: But the project -- the contract was approved last October. MS. GRANT: Correct. COMMISSIONER HILLER: And so I'm not sure I understand. I Page 86 May 24, 2016 want clarification on have we dispersed 450,000 as reimbursement for what was committed to in the contract or not? MS. GRANT: How much have we actually dispersed? UNIDENTIFIED SPEAKER: We haven't dispersed anything. We currently have five pay packets for 350,000 that are being sent to the Clerk. MS. GRANT: Okay. What I'm told by my manager here is that we have $350,000 -- COMMISSIONER HILLER: Of the 500-? MS. GRANT: -- of the 500- has been submitted to us for reimbursement, and apparently it's getting ready to go to the Clerk's Office. The remaining property is -- perhaps Mr. Giblin can confirm for us -- I believe are either scheduled to close or have closed, but we have not received the pay requests. But he can confirm the exact timing on that. COMMISSIONER HILLER: We can talk about it after. I just wanted an understanding of, you know, what the performance on this contract has been given when it was approved and where we are today. MS. GRANT: Well, one of the major activities that has to occur when we purchase a property is something called an environmental review. COMMISSIONER HILLER: Right. I know. MS. GRANT: That has to be cleared all the way through HUD. So it does take some time to identify the properties, get through the administrative process, and then they -- I believe they're closing, essentially, the day after we get the HUD clearance, so... COMMISSIONER HILLER: I just was wondering. CHAIRMAN FIALA: To whom? You had asked to whom. COMMISSIONER HILLER: No, just -- it's with Habitat. It's with Habitat. Page 87 May 24, 2016 COMMISSIONER HENNING: I thought we understood we SS g can't reconsider contracts. Wasn't we sued on that and lost? CHAIRMAN FIALA: We're not reconsidering it. COMMISSIONER HILLER: We're not reconsidering. That's what we were asking, whether there was a contract and to what extent it had been performed upon. In other words, was there compliance. CHAIRMAN FIALA: Okay. Now, we have a speaker. MR. MILLER: Yes, ma'am. We have one registered speaker. Cormac Giblin. MR. GIBLIN: Good morning, Commissioners. Cormac Giblin, for the record, Senior Project Manager with Habitat for Humanity. What we had here was -- we thought we were doing the county a favor. We have an -- we applied last year for a grant for $500,000 to help the county with its housing needs and acquire scattered sites, scattered site properties on which to build affordable homes. We identified $450,000 would be used to buy the actual lots, and $50,000 would be used for our administrative costs. During the course of the project, we've decided that we'll forego our administrative costs, eat those in-house, and thought it would be better to spend the full $500,000 on the properties. We identified 12 lots. CHAIRMAN FIALA: Where are they? MR. GIBLIN: They are -- I have the addresses. They're 1790 46th Terrace Southwest; 233 Porter Street; 2926 Andrews Avenue; 3183 Andrews Avenue; 3160 Andrews Avenue; 3381 28th Avenue Southwest; 4524 31st Place Southwest; 4961 22nd Avenue Southwest; 5206 Martin Street; 5225 Confederate Drive, and 97 4th Street. They're all over. CHAIRMAN FIALA: In Golden Gate. MR. GIBLIN: They're wherever we can find available properties for sale. Page 88 May 24, 2016 We went to contract on eight of the 12 properties the day after we received the notice to proceed from the county on December 15th. It took nine -- or it took three months to get those eight environmentally cleared by HUD, and we closed on them the very next day after they were environmentally cleared. CHAIRMAN FIALA: So the money's already been spent? Okay. We didn't -- I didn't understand that, because I thought she said, well, we could reallocate it. MR. GIBLIN: So now we have -- as of today we've closed on a total of 11 properties through this grant, of which eight have been fully submitted to the county for reimbursement, and the remaining three we closed on last week. The paperwork is being gathered to submit those for reimbursement, and then we have the last, 12th property which, depending on the outcome of this agenda item, we may -- if we're able to, we'd love to close on it using the grant. If not, we will submit administrative costs for whatever we can for the $50,000 in administration costs. CHAIRMAN FIALA: I see. Well, that was not made clear to me. But, anyway, I know I'd seen a list, but I didn't realize you had already purchased these things. I thought you just had your eye on them. And I'm thinking, we need to be starting to recognize the needs in our community rather than just continue to build for very low. We really need to do these other things. So I'm going to ask at -- each time one of these things comes up over the next couple years, then I'm going to bring them up to the Board. Now, I could be overruled. Maybe they would like that to be overruled, and we can just let the other stuff go by, but at least I'll bring them up, so everybody just understands that. Commissioner Nance? Thank you. Page 89 May 24, 2016 COMMISSIONER NANCE: Yes. Commissioner Fiala, I just wanted to give you a little bit of comfort on your concerns going forward on prioritizing some of these projects. I've spent quite a bit of time working with chair of the CRA in Immokalee and also independent business owners out there about strategy going forward to maximize the benefit for Immokalee. And everybody has agreed that they are going to work -- continue to work with staff, and they're going to get better prioritized on their projects for sidewalks, drainage, various and sundry other necessary items in there, and they're going to coordinate them; the CRA Advisory Board is going to coordinate with their representatives on the MPO CAC and the new member that they're going to have on pathways to make sure that through all these processes and through all these agencies they have their priorities well established and that everybody's reading off the same playbook -- CHAIRMAN FIALA: Right. COMMISSIONER NANCE: -- and that everybody understands and has carefully considered those, not only for funds that are available and forthcoming but for funds that may become available so that they're shovel ready. They don't have to scramble and go through this. So they are in the process of working, not only the advisory committee, but Christy out there who's working with staff and all the staff members are working on all the issues to be a little more structured. And I think that's going to produce -- and everybody's in agreement, everybody's happy, and that -- those conversations we were having as recently as last week. CHAIRMAN FIALA: Oh, that is just wonderful. I know I had some of the same things. COMMISSIONER NANCE: So they're going to be -- yeah. I was just concerned that we're organized. Page 90 May 24, 2016 CHAIRMAN FIALA: And what they said was they have -- they're making the lists, but they don't have the dollars. But here would be the dollars, and that's exactly what I'm hoping to do, so now you're bringing them together. COMMISSIONER NANCE: What they're going to do is they're going to take their lists of needs, and then they're going to work with staff to figure out which possible funding buckets are available for each of those projects, which might be state monies, which might be local monies, which might be grant eligible and so on and so forth so that they can do that. What they had was they just weren't very well organized. CHAIRMAN FIALA: Right. COMMISSIONER NANCE: And now I think they are, and they're -- I think everybody's feeling really good about it. So that should -- I hope that gives you a little bit of comfort going forward. CHAIRMAN FIALA: And did they also mention about the housing that -- the type of housing that they're lacking? COMMISSIONER NANCE: Everything's in play. Everything's in play. CHAIRMAN FIALA: Good. Okay. All they need is the funding, which is where I'm going with that. COMMISSIONER NANCE: Okay. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Commissioner Nance, you bring up something very, very important, and that's -- we are only as good as our advisory boards advise us. You know, we can't be everyplace all the time, and it's a wonderful structure that you're bringing to the CRA in Immokalee, because there are great needs there. But there's a responsibility in Immokalee to bring it to us. COMMISSIONER NANCE: Well, Commissioner, thank you for your comments. And I just want to say one thing. I don't want to cut Page 91 May 24, 2016 you off I want you to continue talking, but what I want to say is that the need is always greater than the available funding at that particular time. But what happens and what can occur is that they're -- an acute situation develops. And what happens is people get very emotional about that acute situation, and sometimes they stray off their very carefully considered list of priorities and they kind of get jumping around and doing things like that because of something that occurs. COMMISSIONER TAYLOR: Yes. COMMISSIONER NANCE: And what I wanted to do was I wanted to not have that happen. I want them to be dedicated and really thoroughly think through everything so that the greatest need is met in the priority order that everybody agrees is the case, and that -- I just don't think we've consistently done that, so... COMMISSIONER TAYLOR: Well, you cut me off to say, thank you again. Well done. COMMISSIONER NANCE: Thank you, ma'am, for your comments. CHAIRMAN FIALA: That's good. And when they were telling me about the lists, that they're making them and so forth, I said, well, you know what, we'll never know what your lists say if you don't bring it to us. If you don't bring it to us for funding, I said, that's what we need from you. Like you said, you know, we can only know so much. And so now this is what I'm trying to do is find the funding to answer those needs. Thank you so much. So all in favor? Oh, Commissioner Henning? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Oh, okay. COMMISSIONER HENNING: Aye. Is the motion to approve? Aye. Page 92 May 24, 2016 CHAIRMAN FIALA: Opposed, like sign. I don't think we made the motion yet. The motion is to approve this agenda item. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Okay. But now you know where we're going from here. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, that takes us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chair, I have eight registered public speakers for public comment today. Your first speaker is Kay Haering. She'll be followed by Dr. Joseph Doyle. MS. HAERING: Hi. My name is Kay Haering, and I'm not a public speaker, so this is a very, very difficult thing for me to do, to stand up before you. I will say I'm actually speak -- I've listened and absorbed so much of what you've talked about today, and what I'm here to talk about is totally opposite and yet it's so important. Page 93 May 24, 2016 We -- I'm native American, so my ancestors have been here for 10,000 years. And wildlife, respect of land, clean waters, all those things are very, very important to me as it was to my ancestors. With the bear situation, the panther situation, the land situation -- I do understand all the development needs. People need homes to live as they're coming in. But we also have wildlife, and we have the ecotourism which brings a tremendous amount of money into this state. We have people that come for our beaches. We have people that come for the sunshine, but we also have people that live to see our wildlife, our birds, our alligators, our panthers, our bears, whatever we have available. The backroads, that's where our tourists spend money to come in to see. I ask that Collier County preserve the land for our future generations, not just for me. I have lived here, and I have loved this land that my ancestors did love, too, but I would like to see my future generations come here and stay here and enjoy what I've been a part of. And it's fast going away from us. And if we don't place consideration on the wildlife and give them a place to live, they're going to be gone. And it's going to be cities like Los Angeles. It's going to be big cities with a lot of people. But the wilderness that we have all loved in the wildlife is going to be gone. There's going to be no place for any of it, and it can't be reversed. It's -- I ask that a resolution be brought on the next agenda. We can bring the scientific folks that can give you all the reasons that we need the resolutions to state to the FWC, please stop future bear hunts. There's a lot of reasons that they should not allow the bear hunts to take place again on our lands. It was not scientifically done before. We ask (sic) the ordinances which is protection for the bears and the people. CHAIRMAN FIALA: Thank you. Thank you very much. Page 94 May 24, 2016 Commissioner Henning -- I mean, Nance, excuse me. COMMISSIONER NANCE: Yes, ma'am. CHAIRMAN FIALA: Been doing that all day. COMMISSIONER NANCE: I understand there's a great deal of concern about the bear hunts, and I've spoken to people about that. I agree that they need to reach out to people and discuss their management plan for that. But I just wanted to let you know how much this board has supported conservation in Collier County and let you know -- and you may not know or you may -- 78 percent of Collier County is protected from development in perpetuity, which is more a $1,400,000 acres. It's a greater percentage of the county than all of the 67 counties in the state of Florida except for one, and a land mass that exceeds the size of most counties in the state of Florida. So less than 10 percent of the land mass of Collier County is yet available for all future development. So it's not going to turn into Los Angeles. It's a physical impossibility. Seventy-eight percent of the county is protected from development, and we have that information available for you if you'd like to take a look at how extensive it is. It's tremendous as far as the preservation, and it's forever, and that's local, state, and federal land. MS. HAERING: May I respond, or am I finished? COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: Thank you. I think we can talk about this all night, but we've got other speakers waiting. MS. HAERING: Thank you very much. MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be followed by Keith Flaugh. DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle, Naples. On April 26th of this year the Board of County Commissioners Page 95 May 24, 2016 issued a proclamation to the Collier County Public Schools declaring that day to be CCPS Proud Day in Collier County. Today I'm requesting that you rescind that proclamation. The information contained within the proclamation itself, which you have online, is misleading and the accolades are inappropriate. Are you really happy that the Collier County Public Schools have embraced the new state mandates related to Common Core? This is a federal curriculum proven to deliver an inferior product to the workforce. The graduation rate within the proclamation has increased from 72.5 percent in 2011 to 84.3 percent in 2015. But what did the students really know? Many need remedial courses in their first semester of college. Others need incentive training by local businesses before they can go online. And I hope this does not become a problem for the new business coming in. They need 560 qualified people. We are trying to attract businesses to this community. And any business worth its salt when it tries to relocate to our county should perform its own due diligence in looking at what we are really achieving on nationally normed tests, not the ones that we put together to make ourselves feel good. Businesses will need graduates qualified to fill the positions being created. If we are turning out graduates who cannot read or write or who are significantly below grade level, there is going to be impact on our business economics. Similarly, people may not want to move to Florida with their families. We know that Hertz just made the decision a few years ago to move from New Jersey to Estero, and there were 750 people in the former New Jersey headquarters; however, only 125 of them actually came to Estero. Some retired, but others had decided not to move because the schools in the Northeast tend to be better than they are in Florida. And Page 96 May 24, 2016 they have local control in their school districts, which I know this board supports local control. If businesses and families relying upon this proclamation and other materials find that they have been duped, it will come back to bite us in terms of future economic development as well as potentially lower real estate property values and all the other dominoes that will fall from there. Thank you. MR. MILLER: Your next speaker is Keith Flaugh. He's been ceded additional time from Sandy Doyle, from Mary Ellen Cash? COMMISSIONER TAYLOR: Mary Ellen? MR. MILLER: Mary Ellen? Oh, thank you -- and Yvonne Isecke for a total of 12 minutes. CHAIRMAN FIALA: What was that last one? I'm sorry? Mary Ellen -- MR. MILLER: Yvonne Isecke. MS. ISECKE: Isecke. MR. FLAUGH: Good afternoon, or just about good afternoon, Board. It's 12 o'clock. I'm going to move through this fairly quickly. I'm going to review with you a presentation that we took to 160 legislators this spring that talks about the specifics. It's full of facts. And I'm going to move fairly quickly. Can you help me with this? MR. CASALANGUIDA: Yes, I can. MR. FLAUGH: You should have a copy that will make it a little easier to follow along. This first chart is a Cato Institute chart. They're a national organization think tank. And what it shows and the point that we made to the legislature as a national chart of spending, our spending for K through 12 Education has gone up 378 percent over this 40-year timeline. Page 97 May 24, 2016 If you look at the bottom -- and it's a little bit hard to see because of the scale -- but the reading scores, the math scores, and the science scores are actually down over that 40-year period. So the point that we made to the legislature with this chart is it's not about the money. It's not about the $1.3 trillion that gets spent on K through 12 each year across the U.S. It's about the results that we get for it. The other observation you make -- and it's not an exact correlation, is if you look at that spending increase, it tracks closely to Race to the Top, No Child Left Behind, and doesn't even address Common Core spending yet. This next chart now is a Florida chart. So we went from national to Florida. And you can see that over a 20-year timeline -- this is a nationally taken test, ACT. Most of you are familiar with ACT and SAT tests. SAT tracks closely to the same point. Over this 20-year timeline, our average composite score in Florida has gone from 20.8, or 34th in the nation, to now 47th in the nation. And in 2015, which is not on this chart, we're going to spend $20.6 billion in Florida on K through 12 Education. A couple of points that I would make to you, this chart is sourced directly from the ACT website. And, again, you can make the rough correlation of government intervention, Race to the Top, No Child Left Behind and, again, Common Core is not even on this chart. When we showed this chart to the chief aide for Senator Lake (phonetic), who's K through 12 education czar for Committee 12, he actually said to us -- there were five of us in the room. He said, yes, we know. When the average student in Florida, keyword "average," graduates from a high school in Florida and goes north to get a job or to go to a four-year college, they're really only qualified to be a homeless person. He said that to us, five in the room. Page 98 May 24, 2016 He also said that -- as Senator Gates was trying to introduce a bill to get away from the FSA high-stakes testing and use ACT scores, he said that he was getting a lot of pushback from the superintendents because they realized that when they go to a nationally normed test versus the proprietary FSA tests we use today, the superintendents realized that they're going to take a big hit in lower scores, and they were opposing it because then they would have to fess up to how bad our current system is. Now, the third chart is a busy chart, and that's one of the reasons I've given you a copy. I'm not going to go through this in detail, but I want to make a couple points. On the left-hand side of this chart, on the left-hand side of the bar, you see the U.S. News and World Report for 2015, the best high schools in Collier County, and it lists all of the high schools. And it shows you their ranking, it shows you the reading proficiency on average in Collier County, 56 percent; 64 percent proficiency in math; and only 34 percent college ready. And the high schools, not the overall schools, but the high schools get a B rating in both of those years. The point that's not on the chart, but we created this for every county in the state -- and if you look at it for Collier County last year compared to this year, almost all of our schools have dropped some, all the way to a C rating on the proprietary grading, and two of them, Naples High School and Gulf Coast, completely dropped out of the 2,500 best schools in the state. The other point I make to you is that the proprietary grading system that has an A on your proclamation, they actually -- the state actually lowered the bar. Last year in 2014, to be an A-rated school, you had to have 66 percent score on their formula. They lowered it to 62. They lower a B from 62 to 54. When many of you and I went to school, that was an F. It was not an A or a B, okay. Page 99 May 24, 2016 At the bottom of the chart, you can see the top schools in Florida. I'm showing you the 19th and 20th, and you can also see one of the best in the nation up in Massachusetts. The point we make to the legislators is, rather than all the excuses you get from our local school boards, not just Collier County, we ought to be focused on what's the best and then emulate that rather than making excuses. Now, the next series of charts that I have in your package are the result of citizen watchdog groups in seven different counties. We started in Collier County, and we evaluated 60 textbooks and materials. We've broken this report down, and we gave this to all -- every legislature (sic). We've broken this down into English/language arts, pornography, reconstructed history, advanced placement U.S. PUSH, and religious indoctrination, political indoctrination/common core. It's a 13-page report. I've given it to you. I'm just going to make a couple of highlights for you. Sorry. I lost my place. English/language arts, what I've highlighted for you on the paper you have in front of you is some of the required reading materials in our Collier County schools, and we validated them in every other county we've looked at, which is six counties. Below is just a sample of the required reading in AP English syllabus found in Collier County. It contains many, many stories teaching our children that they are victims, stories of marital infidelity, promiscuity, masturbation. It lists -- it even has -- the last -- a book that has the last thoughts as the bullet enters the brain of a robber, rituals of sadism, masochism, customs of intercourse, et cetera. English 4 in Collier County, honors. This is just a sample of required reading for three -- third through eighth graders: Angela's Ashes, Shifty First Drafts -- pardon my French -- Bloody Rituals Page 100 May 24, 2016 among the Nacirema. And you can go on to read what's there in terms of the books that are in our schools. The point that we made to the legislators is that many of these materials put themselves and the young students in the first person and teach them that they're just victims. Okay. I'm going to move you to the next category, which is objectionable materials, and I'm going to hesitate to put this chart up. It has a bunch of obscene material. So I'm not going to put it on the chart (sic) because you'd lose your license with the people that are viewing this. But I'm going to ask you to read it carefully, then I want to -- and I'm going to explain as we go along. Last May we found -- our team evaluated a list of-- the summer reading list in Collier County. It contained a book called "The Beautiful Bastard." I, again, am not going to read it for you, but it was recommended reading for 11-years-old and up. We held a press conference on the steps of the School Board, and they rescinded the whole list, took it off, but the damage had already been done. They -- they had already sent a PDF to all of our parents and kids; and they didn't put out a retraction. Parents came to us after this School Board -- after this press conference and said, that's just the tip of the iceberg. And the next three pages are six books that parents called to our attention, and we went to the online media centers, and it documents on those pages the objectionable material that's, in our view, pornographic per Florida Law, and it also documents all of the Libraries in Collier County, the media centers, and the number of books in each of those. The Collier County School Board, on a vote of 3-2, is now defending this material as being protected by the First Amendment without any age-appropriate controls. The actions they took, when we called this to our attention, was to now exclude Page 101 May 24, 2016 taxpayers and parents without kids in the specific school from even reviewing, so they shut off our access. That was their action. Okay. I'm going to jump forward to the next category. The next category is "Revisionist History." And, again, I'm not going to go through this in detail, but I want to call to your attention -- and I personally spent an hour with -- or 12 hours with a book called Ninth Grade English -- or "Ninth Grade Teacher Edition on World History." When we showed one of these textbooks to Matt Hudson, your Representative, he spent 15 minutes looking at it. And his conclusion what he looked up was, this is all material that has no documentation, no bibliography. It's just opinion. I see that I'm running out of time, so let me wrap up. We have additional categories on APUSH. We have additional categories with documentation, these 60 books, of the religious indoctrination, over 25 books (sic) with over 900 books spread throughout 64 of our 67 counties that emphasize the Islamic faith. And you can also then continue to look through this for the math content. I've run out of time. The point we're making to you folks is that our school systems have a long way to go, and kidding ourselves and using proprietary grading and telling our parents that their kids are going to graduate and be able to go to a college of merit is not the way to fix the problem. We have to recognize the problem before we can fix it. So we do urge you to rescind your proclamation and get our school board focused on fixing the reading and math scores of our kids. Thank you. MR. MILLER: Madam Chair, your final speaker on public comment is Doug Lewis. He has been ceded three additional minutes from Eric Konuk -- thank you -- for a total of six minutes. COMMISSIONER HENNING: What part of the proclamation is Page 102 May 24, 2016 the problem? I'm trying to figure it out. MR. LEWIS: I'm going to discuss the third -- second-to-the-last whereas clause. It says, Collier County public students have increased performance on state tests. I'm going to discuss that for my time. Good afternoon, members of the Board of County Commissioners. It's great to be here. I want to thank Keith Flaugh. He's volunteering his time as a parent, a grandparent now, to help inform the community. He's not being paid for this. I understand these issues do involve an element of politics. I understand that. That's part of the process that we live in. We do have governing bodies that govern us, but these issues are important, particularly to parents and children, our future. And I hope to speak to you today in a way that -- where we kind of find common ground, work together. And I'm going to share this today, some information, some details documenting -- from the FDOE the condition of both our reading scores and our math scores here in the district. I have four children in the district, and we've had some great experiences. We've had some not-so-great experiences, but overall, we've enjoyed our time here in the district with our children. I want to start with the idea that the fact that we're being honest with where we are today is not an act of disrespect. It's not act -- it's an act of trying to figure out where we are and how we can improve this for our children. So it's really a form of really being CCPS proud. It's a way of expressing our concern and love for the community, taking time away from our work and our family to do this. Stated another way, an honest understanding of where we are as a district academically is a necessary first step for this community to link arms, work together, and unite to give every child the opportunity for academic -- the very, very best in academic rigor. Page 103 May 24, 2016 My purpose today is to help facilitate this intervention, this discussion, and I want to illuminate some facts pertaining to the proclamation, the April 26th CCPS Proud proclamation by providing some data for you. Specifically, in your proclamation you stated, quote, Collier County Public School students have increased performance on state tests as evidenced by the percentage of students meeting or exceeding the state average from 33 percent to 91 percent from 2001 to 2015, respectively. A 58 percent increase would be fantastic. We would all unite and celebrate on that achievement; however, does this information in the proclamation, does it stack up with the reading and math data? So I want to start with the slide. The first slide is a slide that depicts the math trends, and it starts from 2004 and it goes all the way to 2011 . And you can see the continual trend. You can see on the graph the trend up, the increase, and at the very end you'll see that 71 percent of our students here in the district scored three or higher; they were proficient. That's a nice trend, and we certainly would like to see this continue. Now, that's from 2004 to 2011. Let me show you what the FDOE data shows relative to the performance from 2012. This is the new Administration, Dr. Patton, who started that school year in 2012 through 2015. That's what the data shows. Now, I wish it didn't show that, but that's the data. That's where we are. And as you can see, for example, kind of a flat line of 58, 63, 64, 59. Now, you'll notice that we went from 71 to 58 on the scores, the math scores. There was a change in 2012/2011. There was an FCAT 2.0 that was issued for the Next Generation Sunshine Standards. So there was a -- there was a decline. We also see a decline also 2015 when we see the new FSA test. Page 104 May 24, 2016 But you look at the flat line. Now, I wanted to compare in that graph -- the data above that is St. Johns. And St. Johns is showing really a trend through that time period, a nice trend, a 75, a 77, 79, 77. They went through the same test mechanism that we went through. They weathered it, and their students did well. I wish we were at those numbers here in Collier County. I want to also discuss a little bit about why. You know, we've adopted an investigation discovery math curriculum. We've seen that adopted in California. It was an absolute disaster. We've seen Facebook posts from parents that are concerned about the difficult math, the bizarre math, the de-emphasize on basic math facts, rote memory skills, which we know work. I've talked to teachers across this district who work in remediation of our high school students. We have some significant work to do to get rid of the flat line on the math tests that require real changes in how we teach. I want to talk briefly about reading averages. Now, I want you to -- I want to start by showing the third-grade reading scores. Let me just start by saying that the data shows between 44 to 46 percent of our students are not at grade level in 2015. Now, not all of the 2016 FSA results are out, but we do have results that are in for the third-grade students. And I want you to take a look at those numbers. Now, that's a trend line, by the way. That goes from 2010 to 2016. You see where this trend is going for our students. This last result we saw a decline from 2010. We're now down to 52 percent of our students were proficient in third grade on their reading scores. I have another graph that shows the pre-Dr. Patton average from 2004 to 2011 in our reading trend. You'll see from this graph that there was a nice steady increase in the reading scores, a nice trend line going up in terms of students. We Page 105 May 24, 2016 also saw during that same time period from 2004 to 2011 a decrease in the amount of Caucasian students in the county. So we've seen a 9 percent drop in the Caucasian students. We know we have a very diverse population. But during that time period we want to give, you know, kudos to the district because from 2004 to 2011 we saw an 11 point increase. That was very substantial. My time is running. So I have more data to share. I just wanted to, in the spirit of linking arms, coming together as a community, I want to show the data. There are some great things we can do with Spalding Phonics. There's great things we can do with textbooks that work that are proven time-tested materials. And I think the very first step to engaging and improving our system is honestly looking at the data, looking at where we are and looking at proven materials that will help us as a district grow together, particularly our students. Thank you. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I'm -- fascinating to see this, but I can tell you I have a granddaughter that is graduating from Grade 1. She has to be able to spell 200 words, and she has to be able to write three paragraphs in full sentences. CHAIRMAN FIALA: First grade? COMMISSIONER TAYLOR: Grade 1. Now, when I graduated from Grade 1, it was, "see spot," "there's Jane." COMMISSIONER HILLER: I don't think I could read. COMMISSIONER TAYLOR: That's what's required. COMMISSIONER HILLER: I don't think I could read. COMMISSIONER TAYLOR: And there isn't -- you know, let's never forget that the school system has 86 different languages spoken in it, 86, and there's been a tremendous influx of folks coming into Florida and Collier County. It's documented. So I appreciate the speakers, but I would ask you, did you have to Page 106 May 24, 2016 spell 200 words in Grade 1, and could you have written three paragraphs in full sentences? I know I couldn't have. Thank you. CHAIRMAN FIALA: Okay. Thank you very much. Leo? Item #15 STAFF AND COMMISSIONER GENERAL COMMUNICATIONS MR. OCHS: Madam Chair, that takes you to your final item, Item 15, staff and commission general communications. I don't have anything additional for the Board today, ma'am. CHAIRMAN FIALA: Good. MR. OCHS: Thank you. Okay. CHAIRMAN FIALA: I do mean that playfully. MR. OCHS: I know. CHAIRMAN FIALA: Lift the spirit a little bit. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. County Attorney? MR. KLATZKOW: I probably shouldn't say this, but -- COMMISSIONER TAYLOR: No, you shouldn't. MR. KLATZKOW: I probably shouldn't say this, but I had three kids go through the Collier County school system, and I'm very appreciative of the wonderful education that they did get. CHAIRMAN FIALA: Thank you. Okay. Starting with Commissioner Taylor. COMMISSIONER TAYLOR: Well, we're going to change the subject. It was suggested that perhaps we should have a countywide Wi-Fi. And I don't know what that would entail or what that would require, but other countries, in Paris, for instance, there is a Wi-Fi in Page 107 May 24, 2016 Paris. And I'm not suggesting that Paris is the size of Collier County, and I'm sure the critters in the Big Cypress don't need Wi-Fi, but it is something that maybe we could just explore. And, you know, we don't have to hire a consultant right now, but I thought it was an interesting idea. And so that's all I have. Oh, oh, no, no, no. Stay tuned. Tomorrow we have Gulf View Middle School here and Immokalee Middle School here, and we're going to have two mock commission meetings. These are civic classes that are coming here. I understand, County Manager, we have 70 folks going to be here. MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: Seventy, yes. And not only that, but our staff is going to be involved in the exercise. They have picked their subjects. We -- the Sheriffs Department's going to be involved, you know, our County Attorney is going to be involved, and these children -- these young people are going to take our positions up here. They've been studying what we do up here. COMMISSIONER NANCE: Oh, my God. We were good up to that point. COMMISSIONER TAYLOR: Well, probably -- and they're going to be here, and they're going to petition. They each have -- each schools have four items, so it's going to happen tomorrow. It's an inaugural event, but I'm very, very excited about it, and I want to thank County Manager Ochs and -- MR. OCHS: You're welcome. COMMISSIONER TAYLOR: -- and our County Attorney and all those who have volunteered. I'm very excited and looking forward to see what these young people bring to fore. So that's it. Thank you. CHAIRMAN FIALA: Commissioner Nance? Page 108 May 24, 2016 COMMISSIONER NANCE: Yes. I hope to see everybody on Monday coming up for Memorial Day. I know we'll have a somber ceremony, but I think it's always really a good thing to attend. I plan on being there up at the Memorial Gardens. I hope everybody will join me to honor all those who serve our country and have served in the past and some of them who have given the final measure of devotion and sacrificing their life for our country. The other thing I wanted to do is I passed to the Board, and I will make this available to staff and everything, this is a little thing you should take a look at. Most notably the back page. And this is a little description of panther interaction at the Farm Workers Village out in Immokalee. And what we have there is -- you know, I think everybody realizes we have a wonderful USDA grant to build that. Well, it seems that the little panther, which is on the last page or the second-to-the-last page, was living in the Brazilian pepper there behind the residences, and as the dogs and cats that belonged to the residents would stroll out in the yard, they would become a snack. So the authorities have gone in there and come up with the panther -- Florida Panther Response Team has come in and made recommendations and so on and so forth. But I just wanted to make you aware that, you know, as our panther program continues to be successful, it's likely for us to have more panther-human interaction. And because of that, I plan, in the not-too-distant future, to bring an agenda item forward to the Board. And what I'm going to propose is that we request professionals that are managing these climax predators give us some guidance as to where we are with the success of our -- of our programming, what the carrying capacity is of Collier County for panthers, and to make sure that we, as a board, are adopting appropriate policies that make sure that we minimize panther-human interaction and that we have policies that are good for both the cats and our population, because it seems Page 109 May 24, 2016 that we have been very successful, but now we are in, in my view, in a phase where we need to start managing our success. And we need to make sure that we don't have an unfortunate event that is going to crash our program, because I fear that we're reaching a panther population that's getting up to that point. So all I'm -- all I'm going to want to do is to collect information for the Board to consider and just get an update as to where we are and maybe make sure that our growth management restudies going forward with all these lands that are in conservation and protected from development are being managed such that we don't have unfortunate interactions that none of us want to see happen. So I just want to pass this little example forward to you and just let you know that I think that consideration is something that should be included in our deliberations going forward. CHAIRMAN FIALA: Thank you. You know, just speaking about that and speaking to the lady, that was very nice; your presentation was very good, and I could see it was heartfelt. We -- yes, we do have at least 78 percent of our land in preservation, and I think -- I think that it's been so nice for the animals because they have a place to hide. They have a place to make babies. And when I moved here, there were -- they estimated there were only 30 panthers left in the entire state of Florida. And, of course, panthers have felt pretty safe here, so they keep multiplying and multiplying now after they brought the Texas cougars in for a little while to stimulate all of that. And on top of all of the other babies being born, you hear of automobile -- automobiles killing panthers constantly, but have you noticed none of them have a tracking collar on them? That means there's even more out there then in the count that they're giving us. And I think it's because their roaming area has not enlarged. Page 110 May 24, 2016 Well, that's because we're living there. And, you know, their land isn't going to grow. They've got that same set aside because nobody can take it away from them, from the animals, from the holdings that they're in, but their populations keep growing. And, you know, now when you see -- I just saw a picture just yesterday of a panther running around on Marco Island. It was going -- running across the street and over by somebody's mailbox. And you're thinking, man, oh, man, they're everyplace. But it's because we've been kind to them, and we've wanted to make sure that they could also grow their populations. Anyway, that's enough of that subject. I want to thank everybody for being here and for indulging this long meeting. Oh, I'm going to get them. COMMISSIONER TAYLOR: Okay. Okay. CHAIRMAN FIALA: I wouldn't miss them. And indulging me, too. Sometimes I try and keep the meeting in order, and I -- and I fail a little bit, but I want to keep it going even though I have to move it along. So I thank you for your understanding. And with that, Commissioner Hiller? COMMISSIONER HILLER: Thank you. Nick, can you please put the photographs that I shared with you on the overhead. Commissioner Fiala, you're the champion of pickleball in Collier County, but I want you to know that we have other sports that are new sports to Collier County that are furthering our commitment to the community to be sports-minded and to promote sports tourism. That's my son. You know, you would never guess it. But can you show the other picture? Because the other picture is the more important picture. This is the Naples BMX team. COMMISSIONER TAYLOR: Oh, that's great. Page 111 May 24, 2016 CHAIRMAN FIALA: Oh, for goodness sake. COMMISSIONER HILLER: And it includes the parents and the kids, and they train in Golden Gate behind the center there at the park at the Wheels BMX track which is absolutely unbelievable. And we need to recognize them, because this weekend they came in first in the SSA Championship. So we've got budding athletes in a cutting-edge new sport, and you guys need to go out there and watch what they do. If you've never seen BMX, go on YouTube. It will blow your mind. I mean, these little kids and, actually, adults, are all daredevils, and it's very exciting. They're very professional, they're very safe, and they're real athletes. So we need to congratulate them. So while I respect your pickleball passion, in the Hiller family, BMX rules right now, so -- yeah. And my son is actually part of it as well, and we're trying to figure out a -- they all have special names, like, nicknames, so if you have any suggestions, let me know, you know. COMMISSIONER NANCE: I think Mrs. Nance saw one of those little ones go through our backyard about 200 miles an hour last week. COMMISSIONER HILLER: They are amazing. They are -- they are truly, absolutely amazing. The other announcement I would like to make is the Chamber of Commerce annually hosts a Citizen of the year Award, and it's always -- the Citizen of the Year Award is presented by the Naples Daily News, and this year it was Patrick O'Connor, and I think we need to all recognize his very significant contribution to the community. His civic volunteerism is above and beyond, and we should all applaud him. CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: He's amazing. CHAIRMAN FIALA: He's got the kindest, gentlest heart. Page 112 May 24, 2016 COMMISSIONER HILLER: Yeah. And, actually, I thought maybe next year they could recognize his wife, just like they did the Bartons about a decade ago when they had him one year and her the next year. And it's, like, kind of cute to see these couples who are so philanthropic and so giving. So I think that was -- I think that was very worthy of note. And the last thing I want to remind everybody of is what Commissioner Nance said is that Monday is Memorial Day, and there will be a service at 10 o'clock at the Hodges Memorial Gardens, which will be hosted by the veterans and really will be special. And one of the things that's special about it is -- people who don't know this -- we have a Wounded Warriors baseball team, and they're all amputees. CHAIRMAN FIALA: Ooh. I was at their game. COMMISSIONER HILLER: Amazing people. I mean, amazing people. So I hope you're there. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- in 2003 the Board entered into an agreement with South Florida Water Management in removing our interest of the roads, the county roads within Southern Golden Gate Estates for the restoration is now called the Picayune Strand. It was quite controversial back then about doing so. Even on the Board some of the members were very reluctant. Now, part of the agreement and what sold me on that, besides the restoration and the flows going into our estuarine system to slow it down, was still the ability to recreate in Southern Golden Gate Estates, for the public to recreate; camping, fishing, hiking, so on and so forth. It was then stated, Fish and Wildlife, or state -- Florida Wish and Wildlife will be the ones managing the lands for the public to enter into. Page 113 May 24, 2016 In the agreement it had primary and secondary roads. The primary roads were to be all-weather. In other words, open to the public, utilized access year-round. Visiting the Picayune, it's far from that. You would need, on a lot of these roads, a swamp buggy to go through it. So what I'm asking the Board is to support and direct staff to ask South Florida Water Management to come to the Board in the next meeting to tell us about the project and when is the Board -- or when is the public going to have access to that. COMMISSIONER NANCE: Commissioner Henning, was it your understanding when they worked on that that a lot of that access was going to be seasonal or all year? COMMISSIONER HENNING: No, it was going to be all year. There was going to be -- the secondary roads would be seasonal. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: The primary roads would be all year round. COMMISSIONER NANCE: You know, because my recollection, when I was a little boy I used to come out there to those South Golden Gate Estates, and I believe that Miller was one of the north/south roads that was paved, and by July the water was a foot above that asphalt road, back historically. So I don't know, is it anticipated that there's going to be some -- I mean, do they want to -- are you proposing that they elevate some of the roads in there for -- COMMISSIONER HENNING: No, just live up to the agreement. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: And the agreement said that the primary -- and this is Stewart Boulevard right here. COMMISSIONER NANCE: Yes. COMMISSIONER HENNING: That Stewart Boulevard would Page 114 May 24, 2016 be an all-weather road. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: You know, whether it's snow down there or, you know, there's a hurricane go through there, it was going to be accessible to the residents. COMMISSIONER NANCE: And are they -- you know, I'm very interested in that because I also am interested to know if they're planning on maintaining Jane Scenic Drive over a long period of time, because my understanding is they've done very little to make that road passible, and it's been described to me that it's virtually -- right now it's basically impassable. I used to go in my F150, not four-wheel drive truck. I used to be able to go across the Jane Scenic Drive all the way down and come out at Copeland. And, you know, I was advised that unless you have a serious, serious swamp buggy, that you can't go down -- COMMISSIONER HENNING: Yeah. Jane Scenic -- COMMISSIONER NANCE: -- Jane Scenic Drive anymore. COMMISSIONER HENNING: -- Drive is not a part of the agreement. It was just the roads -- COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: -- within what was known as Southern Golden Gate Estates. COMMISSIONER NANCE: That are now Picayune? COMMISSIONER HENNING: It is now Picayune, yeah. And we need to understand, being it's an agreement with the Board of County Commissioners on behalf of the public, that the people have access to it. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: Do I get support? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: To -- okay. So you want to Page 115 May 24, 2016 contact those fine folks and -- MR. CASALANGUIDA: Got it. COMMISSIONER NANCE: Yeah. I don't think anybody's heard a Comprehensive Plan for a long, long time, huh? COMMISSIONER HENNING: Yeah. And it's a phased project. And you're going to find out the different players within it, and it's -- to me, it really convolutes things. You have South Florida Water Management putting together everything but fish and -- or the Corps of Engineers, it's their project. COMMISSIONER NANCE: Yeah. COMMISSIONER HENNING: And then you have Florida Fish and Wildlife is going to manage it. COMMISSIONER NANCE: Manage it. COMMISSIONER HENNING: How does the restoration and other agreements align with our agreement? Here's the roads, the primary and secondary roads, and the primary roads being in blue. COMMISSIONER NANCE: Well, you know, Commissioner, actually, this is -- it reaches back farther than probably most people realize. I know you probably realize it but, you know, going forward, the ownership and management of these lands is not coordinated or uniform by any means. There are many players, and that's part of our challenge going forward. For example, on the rural fringe mixed-use district, who was going to be the ultimate recipient of those conservation lands? You know, we've got situations where we have adjoining lands here that are not in unified management, and I think it's very, very difficult to try to maximize performance on anything when you've got different agencies that abut because, you know -- COMMISSIONER HENNING: Well, the interesting thing down there is the wildlife down there. I mean, there's a lot of turkey down there, deer. There's dens of panthers down there. And what I find Page 116 May 24, 2016 surprising, there's very little feral hogs down there. CHAIRMAN FIALA: Very little what? COMMISSIONER HENNING: Hog. COMMISSIONER NANCE: I think they've become dinner. COMMISSIONER TAYLOR: Yeah, I was going to say that. COMMISSIONER HENNING: But amazing amount of turkey down there, amazing amount. So anyways. Well, thanks for your support. That's all I have. CHAIRMAN FIALA: So close by, mile-wise, and I never knew any of that. That's so interesting. Thank you. COMMISSIONER HILLER: It's such a big county. CHAIRMAN FIALA: Okay. With that, may I have a motion to adjourn? COMMISSIONER TAYLOR: So moved. CHAIRMAN FIALA: And a second? COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Very good. We are adjourned. COMMISSIONER NANCE: Thank you. ***** **** Commissioner Taylor moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 CONTRACT #16-6544 AWARDED TO NOVA ENGINEERING AND ENVIRONMENTAL, LLC TO PROVIDE TEMPORARY STAFF AND SERVICES TO THE GROWTH MANAGEMENT DIVISION — AS DETAILED IN THE EXECUTIVE SUMMARY Page 117 May 24, 2016 Item #16A2 RESOLUTION 2016-102: AMENDING RESOLUTION 2006-200, AS AMENDED, WHICH ESTABLISHED THE FLOODPLAIN MANAGEMENT PLANNING COMMITTEE, AMENDING THE COMMITTEE'S MEMBERSHIP TO ALLOW: 1) THE COUNTY MANAGER TO APPOINT COUNTY STAFF ALTERNATES WITH VOTING CAPABILITIES, 2) COUNTY STAFF MEMBERS AND ALTERNATES THE ABILITY TO RESIDE OUTSIDE OF THE COUNTY AND 3) INCORPORATED MUNICIPALITIES THE ABILITY TO APPOINT ALTERNATES WITH VOTING CAPABILITIES TO THE COMMITTEE — WILL ALLOW FOR GREATER PARTICIPATION AT QUARTERLY MEETINGS, ENHANCE COMMITTEE MEMBERSHIP AND PROVIDE A GREATER LEVEL OF AWARENESS AND PRODUCTIVITY Item #16A3 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF WATER AND SEWER UTILITY FACILITIES FOR THE QUARRY PHASE 3A, PL20110001151, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL INSPECTION JANUARY 25, 2016 Item #16A4 Page 118 May 24, 2016 FINAL ACCEPTANCE OF WATER AND SEWER FACILITIES FOR WATERCOURSE AT TALIS PARK, PL20130002297 AND PL20130002621, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER AND SEWER FACILITIES, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $12,936.58 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL INSPECTION MARCH 17, 2016 Item #16A5 AN EASEMENT AGREEMENT TO PURCHASE A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 393RDUE) AND A TEMPORARY DRIVEWAY RESTORATION EASEMENT (PARCEL 393TDRE) REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET E TO EAST OF EVERGLADES BOULEVARD (PROJECT NO. 60145) ESTIMATED FISCAL IMPACT: $15,081 — FOR A 25-FOOT WIDE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT AND 200 SQUARE FOOT TEMPORARY DRIVEWAY RESTORATION EASEMENT LOCATED ON THE NORTH SIDE OF GOLDEN GATE BOULEVARD Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF WATER AND SEWER UTILITY FACILITIES FOR CAMDEN Page 119 May 24, 2016 LAKES, PL20130001669, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — IT WAS DETERMINED THE FACILITIES WERE SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL INSPECTION ON FEBRUARY 4, 2016 Item #16A7 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF WATER AND SEWER UTILITY FACILITIES FOR CAMDEN LAKES, PHASE C, PL20130002397, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — IT WAS DETERMINED THE FACILITIES WERE SATISFACTORY AND ACCEPTABLE UPON STAFF'S FINAL INSPECTION ON FEBRUARY 4, 2016 Item #16A8 RECORDING THE MINOR FINAL PLAT OF WATERCOURSE AT TALIS PARK, LOTS 1 - 6, APPLICATION NUMBER PL20160000640 — WITHIN THE TUSCANY RESERVE PUD Item #16A9 RESOLUTION 2016-103 (PHASE 3) AND 2016-104 (PHASE 3A): GRANTING FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE QUARRY PHASE 3A Page 120 May 24, 2016 FINAL PLAT, APPLICATION PL20100000831 AND QUARRY PHASE 3 FINAL PLAT, APPLICATION PL20110000670, WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITIES — FOR PROJECTS WITHIN THE HERITAGE BAY PUD AND IMPROVEMENTS THAT WILL BE MAINTAINED BY THE HOMEOWNER'S ASSOCIATION Item #16A10 RESOLUTION 2016-105: GRANTING FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF THE QUARRY PHASE 4 REPLAT, LOTS 42 THROUGH 75, APPLICATION PL20120000412 WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY — A PROJECT WITHIN THE HERITAGE BAY PUD Item #16A11 RESOLUTION 2016-106: GRANTING FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF THE QUARRY COQUINA CIRCLE, APPLICATION, PL20120001085 WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY Item #16Al2 Page 121 May 24, 2016 RECORDING THE FINAL PLAT OF COQUINA AT MAPLE RIDGE - PHASES 2 AND 3, APPLICATION PL20150002721, APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A13 AN EXTENSION TO COMPLETE REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH THE VALENCIA LAKES — PHASE 6-A (AR-5383) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF COLLIER COUNTY'S LAND DEVELOPMENT CODE — EXTENDING THE JANUARY 16, 2016 DEADLINE TO JANUARY 16, 2018 Item #16A14 CONVEYING A REVOCABLE TEMPORARY LICENSE TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR INSTALLATION OF A RAIN GAUGE AND ASSOCIATED TELEMETRY EQUIPMENT AT THE COUNTY'S 43-ACRE PROPERTY ON SHADY HOLLOW BOULEVARD — SFWMD WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE EQUIPMENT ON THIS PROPERTY LOCATED 2 MILES WEST OF IMMOKALEE ROAD Item #16A15 DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AGREEMENT NO. S0859 TO RECOGNIZE GRANT FUNDING IN AN AMOUNT UP TO $750,000 FOR CONSTRUCTION OF Page 122 May 24, 2016 THE NAPLES PARK AREABASIN INFRASTRUCTURE OPTIMIZATION FOR STORMWATER, WATER AND SEWER (PHASE I), PROJECT NOS. 60139 & 70120 — A PROJECT THAT INCLUDES STORMWATER AND WATER AND SEWER IMPROVEMENTS ALONG 110TH AVE N. AND 107TH AVE N. Item #16A16 REJECTING ALL BIDS UNDER INVITATION TO BID #16-6539, PESTICIDES, FUNGICIDES, AND FERTILIZATION APPLICATION — A REVISED SOLICITATION WILL BE ISSUED AS NONE OF THE BIDDERS SUBMITTED THE LICENSES REQUIRED BY FLORIDA STATUTES Item #16A17 REVIEWING AND APPROVING SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S BIG CYPRESS BASIN FY2017 CAPITAL IMPROVEMENT PLAN — IN ACCORDANCE WITH AGREEMENT #C-11759, VALID UNTIL SEPTEMBER 30, 2024, THAT PROVIDES SHARED RESPONSIBILITIES BETWEEN SFWMD BIG CYPRESS BASIN AND COLLIER COUNTY FOR THE OPERATION AND MAINTENANCE OF WATERCOURSES AND WATER CONTROL STRUCTURES IN THE COUNTY Item #16A18 RECOGNIZING A COLLIER METROPOLITAN PLANNING ORGANIZATION'S TRANSPORTATION DISADVANTAGED FY 16/17 PLANNING GRANT IN THE AMOUNT OF $26,077 AND AUTHORIZING A NECESSARY BUDGET AMENDMENT Page 123 May 24, 2016 — WILL PROVIDE FOR SPECIFIC PLANNING TASKS IN THE MPO'S 2016/17 FISCAL YEAR BUDGET Item #16A19 ACKNOWLEDGING COLLIER METROPOLITAN PLANNING ORGANIZATION'S PLANNING GRANT FOR FY 16/17 AND RECOGNIZEING THE MPO BUDGET IN THE AMOUNT OF $763,514, EFFECTIVE JULY 1, 2016 — INCLUDES $543,514 IN FEDERAL FUNDING TO CONDUCT TRANSPORTATION PLANNING ACTIVITIES AND A $220,000 DE-OBLIGATION FROM FY 2014/15 CARRY-OVER FUNDS Item #16A20 AWARD INVITATION TO BID #16-6634 "PINE RIDGE ROAD SIDEWALK REPAIRS" TO SOUTHERN STRIPING SOLUTIONS, LLC D/B/A COLLIER PAVING & CONCRETE AND AUTHORIZING A NECESSARY BUDGET AMENDMENT — TO PROVIDE ADA UPGRADES, CURB AND GUTTER REMOVAL AND INSTALLATION OF SIDEWALKS ON PINE RIDGE ROAD FROM OSCEOLA TRAIL TO CARIBBEAN ROAD Item #16A21 COUNTY MANAGER TO SEND A LETTER OF INTEREST FROM COLLIER COUNTY TO THE JACKSONVILLE DISTRICT OF THE U.S. ARMY CORPS OF ENGINEERS REQUESTING A "NEW START" STATUS — AS DETAILED IN THE EXECUTIVE SUMMARY Page 124 May 24, 2016 Item #16A22 RESOLUTION 2016-107: AUTHORIZING THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION THAT REIMBURSES COLLIER COUNTY UP TO $460,00 TO PURCHASE EQUIPMENT FOR COLLIER COUNTY TRAFFIC MANAGEMENT CENTER VIDEO WALL REPLACEMENT PROJECT #FPN #433178-1-98-01 — A PROJECT THAT MUST BE COMPLETED BY DECEMBER 31, 2017 AND INCLUDES PURCHASE OF A VIDEO MANAGEMENT CONTROL SYSTEM, WORKSTATION UPGRADES, ROUTERS AND AUDIO AND COMMUNICATION SYSTEMS Item #16A23 RESOLUTION 2016-108: MEMORIALIZING BOARD APPROVAL AND AUTHORIZING THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION THAT WILL REIMBURSE COLLIER COUNTY $600,000 TO UPDATE ADVANCED TRAFFIC MANAGEMENT SOFTWARE USED AT COLLIER COUNTY'S TRAFFIC OPERATIONS AND MANAGEMENT CENTER (PROJECT FPN #433174-1-98-01) Item #16A24 BOARD MEMBERS TO SIGN A "PUBLIC OFFICER CONFLICT OF INTEREST CERTIFICATION" RELATED TO CONTRACT #15-6456, CONSTRUCTION ENGINEERING INSPECTION (CEI) Page 125 May 24, 2016 SERVICES, WITH AIM ENGINEERING & SURVEYING, INC. FOR LAP FUNDED PROJECTS — IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION'S 2015 AMENDED LAP MANUAL FOR LAP FUNDED SIDEWALK PROJECTS IN COLLIER COUNTY Item #16B1 AFTER-THE-FACT SUBMITTED GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY IN THE AMOUNT OF $40,000 TO FUND UPDATES TO THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AGENCY'S 2000 PLAN — IF AWARDED FUNDS WOULD BE USED TO UPDATE THE AGENCY'S 15-YEAR OLD PLAN TO CLARIFY GOALS, OBJECTIVES AND PROVIDE UP-TO-DATE REVENUE PROJECTIONS USING CURRENT DATA ANALYSIS Item #16C1 AWARDING INVITATION TO BID #16-6590, "SMALL METERS CHANGE OUT PHASE 2," IN THE AMOUNT OF $359,048.25 TO NATIONAL METERING SERVICES, INC., FOR METER RENEWAL AND REPLACEMENT PROJECT #70010 — REPLACING 10,000 AGED WATER METERS TO ENSURE ACCURATE CUSTOMER BILLING Item #16C2 AWARDING A $370,020.03 WORK ORDER UNDER CONTRACT #14-6213-60 TO QUALITY ENTERPRISES USA, INC. FOR FIRE HYDRANT REPLACEMENT PROJECT NO. Page 126 May 24, 2016 70023 AND APPROVING THE NECESSARY BUDGET AMENDMENT — TO REPLACE 61 HYDRANTS THAT HAVE REACHED END-OF LIFE WITHIN THE LELY BAREFOOT BEACH SUBDIVISION Item #16D1 RESOLUTION 2016-109: RECOGNIZING AND ACCEPTING A $20,000 DONATION GIVEN BY THOMAS AND NANCY HESTER TO USE FOR THE PURCHASE OF OUTDOOR FURNITURE TO BE USED AT THE TONY ROSBOUGH PARK LITTLE LEAGUE FIELD IN IMMOKALEE AND APPROVE ALL NECESSARY BUDGET AMENDMENTS — THE DONATION WILL BE USED TO PURCHASE RIVER ROCK TABLES FOR THE CONCESSION AREA, FOR BLEACHERS AND IF FUNDING ALLOWS, A SMALL SHADE STRUCTURE Item #16D2 SUPPORTING THE ROTARY CLUB'S USE OF FRED W. COYLE FREEDOM PARK FOR A FUNDRAISER FOR THE FREEDOM MEMORIAL AT NO COST TO THE ROTARY CLUB — A FUNDRAISER WHEREBY DONORS PURCHASE FLAGS THAT ROTARY CLUB MEMBERS WILL INSTALL AND DISPLAY IN FRONT OF THE FREEDOM MEMORIAL PARK BEGINNING SATURDAY, MAY 28, 2016 UNTIL THEY'RE REMOVED DURING A FLAG RETIREMENT CEREMONY AT THE PARK ON FLAG DAY, JUNE 14, 2016 WITH HALF THE FUNDS (50%) RAISED GIVEN TO THE MEMORIAL PROJECT AND REMAINING FUNDS RAISED ALLOCATED TO OTHER NON-PROFITS Page 127 May 24, 2016 Item #16D3 A LANDLORD PAYMENT AGREEMENT THAT ALLOWS THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS GRANT PROGRAM — AN AGREEMENT BEGINNING MAY 3, 2016 BETWEEN THE COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, AT 1800 FARM WORKER'S WAY, IMMOKALEE, FLORIDA Item #16D4 — Moved to Item #11E (Per Agenda Change Sheet) Item #16D5 PROVIDING A 20% DISCOUNT ON COLLIER COUNTY PARKS AND REC SWIMMING LESSON PROGRAMS FOR KIDS AGE 5 AND UNDER IN COLLIER COUNTY AND AUTHORIZING PARKS AND REC TO PROMOTE THE DISCOUNT IN NAPLES COUMMINTY HOSPITAL'S SAFE AND HEALTHY CHILDREN COALITION'S WATER SMART PRESCRIPTION BOOKLET — STAFF RECOMMENDS EXTENDING THIS DISCOUNT, THAT PROVIDES 20% OFF THE FIRST SESSION OF LEVEL 1 SWIM LESSONS, ANUALLY FROM MAY 15 — AUGUST 31, TO INCREASE WATER SAFETY AWARENESS Item #16D6 AN APIARY AGREEMENT (BEE KEEPING) FOR CARACARA PRAIRIE PRESERVE WITH RICK RUBY UNDER THE CONSERVATION COLLIER PROGRAM AND DIRECTING THE Page 128 May 24, 2016 COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT AGREEMENT TERMS — A 1-YEAR AGREEMENT WITH (4) 1-YEAR RENEWAL OPTIONS THAT ALLOWS MR. RUBY TO KEEP A MAXIMUM 50 BEE HIVES PER APIARY SITE AT TWO AREAS WITHIN THE CARACARA PRAIRIE PRESERVE Item #16D7 A 5-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER PANTHER WALK PRESERVE — THE 10.69-ACRE PRESERVE IS LOCATED AT 2845 60TH AVENUE NE IN GOLDEN GATE ESTATES, WEST OF EVERGLADES BOULEVARD IN HORSEPEN STRAND Item #16D8 AWARDING ITB #16-6623 TO WAUSAU TILE AND AN EXPENDITURE OF $58,803 FROM BEACH PARK FACILITIES TOURIST DEVELOPMENT TAX FUNDS TO PURCHASE WILDLIFE PROOF WASTE RECEPTACLES FOR COUNTY BEACH & PARK FACILITIES AND MAKE A FINDING THAT THE EXPENDITURE PROMOTES TOURISM — TO KEEP WILDLIFE FROM ACCESSING GARBAGE CANS AND/OR GARBAGE CONTAINERS AT COUNTY FACILITIES Item #16D9 WAIVING FARES FOR COLLIER AREA PARATRANSIT PASSENGERS THAT REQUIRE TRANSPORTATION FOR A FUNCTIONAL ASSESSMENT OR TRAVEL TRAINING AS PART OF THE AMERICANS WITH DISABILITIES ACT (ADA) Page 129 May 24, 2016 PROGRAM'S ELIGIBILITY PROCESS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D10 CONTINUED FROM THE APRIL 12, 2016 BCC MEETING. RECOMMENDATION TO APPROVE CHANGE ORDER #1 UTILITZING CONTRACT #12-5892 WITH MCGEE & ASSOCIATES FOR SAFETY IMPROVEMENTS ASSOCIATED WITH DESIGN PLANS FOR THE SIDEWALK/ PATHWAY CONNECTING THE COLLIER COUNTY BEACH PARKING LOT AT THE END OF SEAGATE DRIVE TO THE NORTH GULF SHORE BOULEVARD BEACH ACCESS FOR $5,140 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — DUE TO THE COMMUNITY'S INPUT AND URGING TO WIDEN THIS NARROW 4.75 FT PATHWAY THAT IS HIGHLY UTILIZED BY VISITORS Item #16D11 A SUBORDINATION AGREEMENT WITH COMMUNITY HOUSING CAPITAL (SENIOR LENDER) AND OAK MARSH, LLC (BUYER) AND FLORIDA HOUSING FINANCING CORP. (SUBORDINATE LENDER) AND OAK MARSH, LLC FOR PROPERTIES BEING PURCHASED FROM IMMOKALEE NON- PROFIT HOUSING, INC. D/B/A IMMOKALEE HOUSING AND FAMILY SERVICES TO TRANSFER THE PREVIOUS DECLARATION OF RESTRICTIVE COVENANTS THAT WERE PLACED ON THESE PROPERTIES FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES TO THE NEW OWNER — AS DETAILED IN THE EXECUTIVE SUMMARY Page 130 May 24, 2016 Item #16D12 DECLARING THAT THE EXECUTION OF AN IMPACT FEE DEFERRAL LIEN WITH A HOMEOWNER UNDER ARTICLE IV OF CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES IS ADMINISTRATIVE AND MINISTERIAL, ALLOWING THE COUNTY MANAGER TO SIGN DEFERRAL AGREEMENTS, PER THE APPROVED ORDINANCE; WITH AFTER THE FACT BOARD RATIFICATION Item #16D13 — Moved to Item #11F (Per Agenda Change Sheet) Item #16E1 RATIFYING PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE SECOND QUARTER OF FY16 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E2 SECOND AMENDMENT TO AGREEMENT TO PROVIDE A 6-MONTH TIME EXTENSION TO ALLOW FOR THE RECEIPT AND INSTALLATION OF EQUIPMENT FOR THE GREATER NAPLES FIRE DISTRICT WITH RESPECT TO FUNDING BY THE GAC LAND TRUST — AMENDING THE MAY 27, 2014 AGREEMENT SUBSEQUENTLY AMENDED JUNE 9, 2015 TO EXTEND THE JULY 31, 2016 EXPENDITURE DEADLINE TO Page 131 May 24, 2016 JANUARY 31, 2017 Item #16E3 CONTRACT #16-6564, COLLIER COUNTY SPACE PLANNING SERVICES, AWARDED TO AECOM FOR PROFESSIONAL FACILITIES MASTER PLANNING SERVICES — IN THE AMOUNT OF $483,480.00 TO ASSESS THE CURRENT SPACE UTILIZED BY COUNTY AGENCIES, PROJECT SPACE NEEDS, AND RECOMMEND SUBSEQUENT SPACE ALLOCATION FOR THE NEXT 45 YEARS (BUILD OUT PLAN) Item #16E4 AN AMENDED AND RESTATED FIRST AMENDMENT TO A GROUND LEASE AGREEMENT WITH CCATT LLC ON BEHALF OF PARKS AND REC/PUBLIC SERVICES FOR A COMMUNICATIONS TOWER AND A SHORT FORM TOWER AGREEMENT — TO CHANGE THE NAME OF THE COMPANY ON A PREVIOUSLY-APPROVED GROUND LEASE FOR 875 SQUARE FEET OF VACANT LAND WITH A 155 FOOT COMMUNICATIONS MONOPOLE AT THE MAX HASSE, JR. COMMUNITY PARK; THE WRONG NAME WAS ON THE AMENDED LEASE AND THE TENANT HAS REQUESTED THE REVISION TO INCLUDE THE CORRECT SUBSIDIARY NAME Item #16E5 AMENDMENT #1 TO THE CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD AGREEMENT LAND LEASE AT THE NORTH QUADRANT LAND FILL SITE FOR A 5-YEAR Page 132 May 24, 2016 EXTENSION OF THE NAPLES RECYCLING CENTER ON BEHALF OF SOLID WASTE DIVISION — EXTENDS A LEASE OF APPROXIMATELY 3.56 ACRES OF LAND ALONG THE NORTH QUADRANT OF THE AIRPORT WITH A CURRENT ANNUAL RENT OF $43,937.76 TO OCTOBER 18, 2021 Item #16E6 AMENDMENT #1 TO THE LEASE AGREEMENT WITH HORSESHOE DRIVE DEVELOPMENT, L.C., FOR SPACE UTILIZED BY THE GROWTH MANAGEMENT DIVISION — REVISING THE COMMENCEMENT DATE ON THE LEASE FROM FEBRUARY 1 TO MAY 1, 2016 DUE TO DELAYED LANDLORD IMPROVEMENTS FOR THE SPACE THAT ACCOMMODATES 36 EXPANDED POSITIONS IN THE GROWTH MANAGEMENT DIVISION WITH AN ANNUAL RENT OF $100,842 Item #16E7 RESOLUTION 2016-110: AUTHORIZING THE CANCELLATION OF 2016 TAXES UPON A FEE-SIMPLE INTEREST IN LAND COLLIER COUNTY ACQUIRED BY WARRANTY DEED FOR CONSERVATION COLLIER WITHOUT MONETARY COMPENSATION — A 1.14 ACRE PARCEL DONATED BY RADIO RD, LLC, THAT WAS ACCEPTED BY THE BOARD ON MARCH 8, 2016 (AGENDA ITEM #16D9) Item #16E8 ACCEPTING A REPORT FOR THE SALE OF ITEMS AND Page 133 May 24, 2016 DISBURSEMENT OF FUNDS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD APRIL 16, 2016 — THE AUCTION GENERATED $801,628.80 & $676.20 IN REVENUE Item #16E9 RANKING OF FIRMS UNDER THE REQUEST FOR PROPOSAL (RFP) #16-6597, "COLLIER COUNTY JAIL MASTER PLAN" AND DIRECTING STAFF TO NEGOTIATE A CONTRACT WITH TOP RANKED FIRM, AECOM TECHNICAL SERVICES, INC. — CONTRACTED SERVICES INCLUDE AN ASSESSMENT TO DETERMINE JAIL NEEDS FOR THE NEXT 20 YEARS Item #16E10 — Added (Per Agenda Change Sheet) EXTENDING CONTRACT #11-5606 WITH CENTURYLINK THROUGH DECEMBER 12, 2016 "TELECOMMUNICATIONS VOICE AND DATA SERVICES" — THE EXTENSION WILL ALLOW STAFF AN OPPORTUNITY TO COMPLETE THE COMPETITIVE SOLICITATION PROCESS FOR THE CONTRACT; EXPENDITURES DURING THE 6-MONTH EXTENSION ARE ESTIMATED AT $550,000 Item #16F1 — Continued to the June 14, 2016 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO AWARD INVITATION TO BID (ITB) #16-6644, IN THE AMOUNT OF $97,200, TO DEANGELO BROTHERS, LLC D/B/A AQUAGENIX ("AQUAGENIX") FOR "LAKE AERATION FOR PELICAN BAY" PROJECT #50108 Page 134 it May 24, 2016 Item #16F2 RESOLUTION 2016-111 : APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY 2015-16 ADOPTED BUDGET Item #16F3 AWARDING INVITATION TO BID (ITB) #16-6612 IN THE AMOUNT OF $105,290.34 TO SITEONE LANDSCAPE SUPPLY FOR THE CALSENSE IRRIGATION CONTROL SYSTEM AND SUPPLIES (PROJECT #51145) — TO IMPROVE AN IRRIGATION SYSTEM USED WITHIN PELICAN BAY Item #16F4 AFTER-THE-FACT APPROVAL FOR SUBMITTAL OF AN ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT APPLICATION TO THE ECONOMIC DEPARTMENT ADMINISTRATION (EDA) FOR THE IMMOKALEE CULINARY AND AGRIBUSINESS ACCELERATOR IN THE AMOUNT OF A $800,000 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 RESOLUTION 2016-112: OFFICIALLY NAMING THE COUNTY OWNED AIRPORT NE OF MARCO ISLAND THE MARCO ISLAND EXECUTIVE AIRPORT Item #16G2 Page 135 May 24, 2016 SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $75,500 FOR THE DESIGN AND BID FOR REHABILITATION OF TAXIWAY B AT IMMOKALEE REGIONAL AIRPORT — FUNDS WOULD BE USED TO REHAB APPROXIMATELY 2,265 FEET OF TAXIWAY B; THIS ITEM WILL BE BROUGHT BACK TO THE BOARD FOR ACCEPTANCE IF A GRANT IS AWARDED Item #16G3 SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $168,975 TO UPDATE THE AIRPORT LAYOUT PLAN AT IMMOKALEE REGIONAL AIRPORT — THIS ITEM WILL BE BROUGHT BACK FOR THE BOARD'S ACCEPTANCE IF A GRANT IS AWARDED Item #16G4 RESOLUTION 2016-113: AUTHORIZING EXECUTION OF SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT #1 (JPA) TO CONTRACT NO. G0576 WITH FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE ADDITIONAL FUNDING IN THE AMOUNT OF $11,200, AND EXTEND A CONTRACT 6-MONTHS TO DECEMBER 31, 2016, FOR A FUEL TRUCK FOR IMMOKALEE REGIONAL AIRPORT AND AUTHORIZE NECESSARY BUDGET AMENDMENTS (PROJECT NO. 33451) Item #16H1 Page 136 May 24, 2016 RESOLUTION 2016-114: APPOINTING COMMISSIONER FIALA AND COMMISSIONER TAYLOR REGULAR MEMBERS AND COMMISSIONER HENNING, COMMISSIONER HILLER AND COMMISSIONER NANCE ALTERNATE MEMBERS TO THE VALUE ADJUSTMENT BOARD Item #16H2 RESOLUTION 2016-115: REAPPOINTING MARCO ISLAND REPRESENTATIVE DEBBIE RODDY AND APPOINTING CITY OF NAPLES REPRESENTATIVE VICE-MAYOR LINDA PENNIMAN TO THE COASTAL ADVISORY COMMITTEE TO TERMS THAT WILL EXPIRE MAY 22, 2020 Item #16I1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED — Page 137 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS May 24, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. CLERK OF COURTS: 1) Items to be Authorized by BCC for Payment: B. DISTRICTS: 1) Cedar Hammock Community Development District: Meeting Agenda 03/14/2016 Meeting Minutes 03/14/2016 C. OTHER: May 24, 2016 Item #16J1 CHAIRMAN TO SIGN AN AGREEMENT THAT PROVIDES COLLIER COUNTY SHERIFF'S OFFICE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN NAPLES BATH & TENNIS CLUB COMMONS AREA, INC. Item #16J2 — Language added: The Board makes a finding that expenditures contained in this report serve a valid public purpose and authorizes the Clerk to make the disbursements (Per Agenda Change Sheet) RECORDING IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIOD BETWEEN APRIL 28 AND MAY 11, 2016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 — Continued Indefinitely (Per Agenda Change Sheet) TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING MAY 18, 2016 PURSUANT TO THE BOARD'S REQUEST Item #16K1 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST JAMES JOHNSON IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER Page 138 May 24, 2016 COUNTY, FLORIDA, TO RECOVER DAMAGES INCURRED BY THE COUNTY FOR THE REPAIR OF A LIGHT POLE IN THE AMOUNT OF $7,209.64, PLUS COSTS OF LITIGATION— SURROUNDING AN ACCIDENT ON BAYSHORE DRIVE MARCH 28, 2015 THAT CAUSED A VEHICLE COLLISION WITH A COUNTY-OWNED LIGHT POLE Item #16K2 APPLICATION FOR TAX DEEDS FOR FOUR (4) COUNTY- HELD 2012-2013 TAX CERTIFICATES AND FORWARDING A WRITTEN NOTICE TO THE TAX COLLECTOR TO PROCEED WITH THE APPLICATIONS — APPLICATION COSTS WILL BE APPROXIMATELY $2,645.20 AND ASSESSMENTS ON THE PROPERTIES RANGE FROM $350.00 TO $1,078,010.00 WITH UNPAID TAXES THAT RANGE FROM $5.07 TO $135,021 .59 Item #16K3 CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED TRACY FULLER V. COLLIER COUNTY (CASE NO. 15-CA-000515), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA — IN THE AMOUNT OF $9,500 SURROUNDING A TRIP AND FALL INCIDENT THAT OCCURRED NOVEMBER 15, 2013 IN VINEYARDS COMMUNITY PARK WHEN THE PLAINTIFF TRIPPED AND FELL ON A BROKEN PIECE OF ASPHALT ON A COUNTY MAINTAINED WALKWAY Item #16K4 Page 139 May 24, 2016 A SETTLEMENT WITH PINEGATE 135, LLC IN THE AMOUNT OF $35,000 FOR ALL ATTORNEY AND EXPERT FEES FOR THE TAKING OF PARCELS 150FEE, 150SE AND 150TCE IN THE CASE STYLED COLLIER COUNTY V. LDJASSOCIATES, LLC, ETAL., CASE NO. 13-CA-1238 REQUIRED AS PART OF COLLIER BOULEVARD FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD WIDENING PROJECT NO. 68056. (FISCAL IMPACT: $35,000) Item #17A ORDINANCE 2016-15: ADOPTING THE DAVIS — RADIO COMMERCIAL SUBDISTRICT SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, AND TRANSMITTAL TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. (ADOPTION HEARING) (PL20150002541/CPS S-2015-4) [COMPANION TO REZONE PETITION: PL20140002642] Item #17B ORDINANCE 2016-16: AMENDING ORDINANCE 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, BY AMENDING APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO THE GENERAL Page 140 May 24, 2016 COMMERCIAL DISTRICT (C-4) ZONING DISTRICT FOR A PROJECT KNOWN AS THE DAVIS-RADIO REZONE LOCATED ON THE SOUTH SIDE OF RADIO ROAD, 650 FEET WEST OF THE DAVIS BOULEVARD/RADIO ROAD INTERSECTION IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.81± ACRES; AND PROVIDING AN EFFECTIVE DATE [RZ-PL20140002642] (COMPANION PL20150002541/CPSS-2015-4) Item #17C THIS ITEM CONTINUED TO THE JUNE 14, 2016 BCC MEETING. RECOMMENDATION TO APPROVE A RESOLUTION DESIGNATING THE CLOSE-OUT OF THE ADOPTED TWELVE LAKES PLANNED UNIT DEVELOPMENT (PUD) WHICH HAS COMPLETED ALL OR A PORTION OF ITS DEVELOPMENT AND HAS CONSTRUCTED UP TO THE AUTHORIZED DENSITY AND/OR INTENSITY, AND HAS BEEN FOUND BY COUNTY STAFF TO HAVE ONLY ONE RELEVANT TRANSPORTATION COMMITMENT REMAINING Item #17D RESOLUTION 2016-116: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY 2015-16 ADOPTED BUDGET ***** Page 141 May 24, 2016 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 4-m40 le.e& DONNA FIALA, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK %VP 460 - -' Attest as to Chairman's signature ori- These minutes approved by the Board on 1,412.0((0 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 142