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