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BCC Minutes 09/22/2015 R BCC REGULAR MEETING MINUTES September 22 , 2015 September 22, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 22, 2015 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: Tim Nance Donna Fiala (Absent) Georgia Hiller Tom Henning Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Nick Casalanguida, Deputy County Manager Troy Miller, Television Operations Manager Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 40 L r Or ' • AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 22, 2015 9:00 AM Commissioner Tim Nance, District 5 —BCC Chair Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller, District 2 — Community & Economic Dev. Chair Commissioner Tom Henning, District 3 — PSCC Vice-Chair Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair NOTICE: ALL PERSONS WISHING TO SPEA ON AGENDA ITEMS AGENDA ITEM TO BEST REGISTER PRIOR TO PRESENTATION OF THE 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 S WITH XPLANAO ON THIS AGENDA MUST BE SUBMITTED IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 September 22, 2015 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 A VEIRBATIM RECORD AND THEREFORE MAY NEED TO ENSURE THAT 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, REQUIBBYING ACTIVITI S (INCLUDING SHALL, BEFORE ENGAGING IN ANY LO BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Bob Scudieri - Faith Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. August 29, 2015 — Special Meeting Tropical Storm Erika Meeting Minutes 3. SERVICE AWARDS — EMPLOYEE Page 2 September 22, 2015 A. 20 YEAR ATTENDEES 1) June Dunfee Preston— Domestic Animal Services (DAS) 2) Gloria Herrera— Growth Management 3) Neil Maclarty— EMS 4) Joseph McLamma— Solid Waste 5) Linda Sujevich— Parks and Recreation B. 30 YEAR ATTENDEES 1) Alice Toppe— Risk Management 4. PROCLAMATIONS A. Proclamation honoring Bentley Village for 30 years of business in Collier County. To be accepted by Ann Walsh, Executive Director of Vi at Bentley Village, and Jordan Scardigno, Associate Executive Director of Vi at Bentley Village. B. Proclamation recognizing the work of the PACE Center for Girls, Collier and its Love That Dress! event, which has raised more than $245,000 for PACE and helps the organization fulfill its mission to provide girls and young women an opportunity for a better future through education, counseling, training and advocacy. To be accepted by Marianne Kearns, executive director of the Pace Center for Girls, Collier. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request from Ray Muslimani, President, NR Contractors, Inc., requesting payment for rock excavation for Contract #14-6197, "Hammerhead and Designated Driveway Construction." Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. Page 3 September 22, 2015 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to direct staff to take steps to improve public outreach and information regarding Collier County Emergency Medical Services (EMS), with the goal of better informing citizens on how Emergency Medical Services are provided in Collier County. (Commissioner Nance) B. Recommendation to designate Commissioner Tom Henning to serve as BCC Liaison to the Independent Fire Districts. (Commissioner Nance) C. Recommendation that the Board consider entering into an ALS inter-local agreement with North Collier Fire and Rescue. (Commissioner Henning) D. Recommendation to direct Staff to present a status report/update on the operation of Collier County Emergency Medical Services (EMS). Report to include but not be limited to: 1) Review of performance against adopted level of service standards (AUIR), 2) Identification of areas of need across the county, if any, 3) Recommendations on methodologies and options, including cost estimates, to improve performance and meet additional needs, including additional resources and options to continue the BCC sanctioned improvement program to close the gap in service between the Rural Standard (12 minute response time - AUIR) and the Urban Standard (8 minute response time - AUIR), and 4) Identification of opportunities for increased coordination and cooperation between Collier County EMS and the Fire Districts. (Commissioner Nance) E. That the Board of County Commissioners add as a Legislative Priority an amendment to the County Administrator Statute which would end the Page 4 September 22, 2015 dispute with the Clerk with respect to purchasing. (Commissioner Taylor) 11. COUNTY MANAGER'S REPORT A. Recommendation to review and approve the proposed Collier County 2016 State Legislative Priorities. (Tim Durham, Executive Manager Corporate Business Operations) B. Recommendation to approve an amendment to Contract #10-5455 "Management Contract for the Collier County Area Transit (CAT) Fixed Route and Paratransit Program" with Keolis Transit America, Inc. extending the term of the contract up to one hundred and eighty (180) days (October 1, 2015 through March 25, 2016) and authorize the Chairman to sign the County Attorney reviewed amendment. (Michelle Arnold, Director Public Transit & Neighborhood Enhancement Division) C. Recommendation to award Invitation to Bid (ITB) #15-6500 to DEC Contracting Group, Inc. in the amount of$1,784,105 for the renovation of the buildings at 3750 Enterprise Avenue to accommodate the Supervisor of Elections Office and centralized storage, and authorize the Chairman to sign the attached contract. (Len Golden Price, Administrative Services) D. Recommendation to award Invitation to Bid #15-6495 in the amount of $922,200 to Ham R/O Systems, Inc. for the purchase and delivery of nano filtration membrane elements for the North County Regional Water Treatment Plant, Project No. 71057. This item is a companion to Items #11E and #11F. (Joe Bellone, Public Utilities Department Director) E. Recommendation to award Invitation to Bid #15-6504 in the amount of $290,400 to Ham R/O Systems, Inc. for the purchase and delivery of nano filtration membrane pressure vessels for the North County Regional Water Treatment Plant, Project No. 71057. This item is a companion to Items #11D and #11F. (Joe Bellone, Public Utilities Department Director) F. Recommendation to award Invitation to Bid #15-6502 in the amount of $1,996,155 to Harn R/O Systems, Inc. for the "North County Regional Water Treatment Plant Membrane Replacement and Skid Improvements," Project No. 71057; and, authorize a budget amendment in the amount of $1,700,000. This item is a companion to Items #11D and #11E. (Joe Bellone, Public Utilities Department Director) Page 5 September 22,2015 G. Recommendation to adopt a Resolution authorizing 1) the issuance of the Collier County Water-Sewer District Water and Sewer Refunding Revenue Bond, Series 2015, in a principal amount not to exceed $18,000,000 to advance refund a portion of the Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006, to achieve debt service savings of approximately $1.18 million; 2) a negotiated sale of the Series 2015 Bond pursuant to the proposal of Bank of America, N.A.; 3) the execution and delivery of an escrow deposit agreement with The Bank of New York Mellon Trust Company, N.A.; and, 4) the execution and delivery of a rate lock agreement with Bank of America, N.A. (Joe Bellone, Public Utilities Department Director) H. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs., Jr., County Manager) 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule. 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. Page 6 September 22, 2015 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Via Veneto Application Number AR-9668 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 2) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Moorgate Point, Application Number AR-7618 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 3) Recommendation to approve easement agreements for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 119RDUE), a Drainage Easement (Parcel 119DE) and a Temporary Bridge Construction Easement (Parcel 119TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3.) Estimated fiscal impact: $9,200. 4) Recommendation to approve the conveyance of nine parcels in fee simple and approve the assignment to and assumption of three easements to the Florida Department of Transportation, originally acquired by Collier County for roadway and related improvements on Davis Boulevard (SR 84) from Radio Road to Collier Boulevard, and approve the required Resolutions to effectuate such conveyance to the State. (Project No. 60073) Estimated Fiscal Impact: None. 5) Recommendation to approve an easement agreement for acquisition of a Drainage, Access and Maintenance Easement (Parcel 104DE) required pursuant to Collier County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD" Ordinance). Project #60132. (Estimated fiscal impact: $100) 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Lifestyle Center at Treviso Bay, PL20130000555, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in Page 7 September 22,2015 the total amount of$16,288.20 to the Project Engineer or the Developer's designated agent. 7) Recommendation to approve the release of a code enforcement lien with an accrued value of$24,230.13 for payment of$10,000, in the code enforcement action entitled Board of County Commissioners v. Federal National Mortgage Assn., Code Enforcement Special Magistrate Case No. CEPM20140005429, relating to property located 612 at Charlemagne Blvd., Collier County, Florida. 8) Recommendation to approve the release of a code enforcement lien with an accrued value of$87,880.29 for payment of$530.29, in the code enforcement action entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No. CEAU20110005919, relating to property located at 125 2nd Street NE, Collier County, Florida. 9) Recommendation to approve the release of a code enforcement lien with an accrued value of$129,512.47 for payment of$6,712.47, in the code enforcement action entitled Board of County Commissioners v. Rafael R. Gutierrez and Candida A. Gutierrez, Code Enforcement Special Magistrate Case No. CESD20110010453, relating to property located at 2497 55th Street SW, Collier County, Florida. 10) Recommendation to approve the release of a code enforcement lien with an accrued value of$11,112.56 for payment of$562.56, in the code enforcement action entitled Board of County Commissioners v. Robert Godin and Isabelle Godin, Code Enforcement Special Magistrate Case No. CELU20120017531, relating to property located at 2625 47th Avenue NE, Collier County, Florida. 11) Recommendation to approve the release of a code enforcement lien with a combined accrued value of$146,263.99 for payment of $364.14, in the code enforcement action entitled Board of County Commissioners v. Frank Fernandez, Code Enforcement Board Case No. 2006120290, relating to vacant parcel (Folio No. 39658240005), located in Collier County, Florida. 12) Recommendation to approve and authorize the Chairman to execute a Master Funding Agreement with the Florida Department of Page 8 September 22,2015 Emergency Management for reimbursement of County wide damages incurred as a result of Tropical Storm Isaac. 13) Recommendation to approve the Second Amendment to the MPO Staff Services Agreement extending the term through June 30, 2016. 14) Recommendation to recognize carryforward in the amount of $7,187.02 to the Collier Metropolitan Planning Organization (MPO) Operating Fund 128, earned from the FY2014/15 Transportation Disadvantaged Planning Grant awarded by the Commission of the Transportation Disadvantaged (CTD) and received by the MPO and to approve all related necessary budget amendments. 15) Recommendation to reject all responses received for Invitation to Bid #15-6467 for the Purchase and Installation of Mulch. 16) Recommendation to reject Invitation to Bid (ITB) #15-6491, Irrigation Parts, Pumps, and Related Items. 17) Recommendation to award Contract #15-6372 for "Verification Testing for Golden Gate Blvd. Design-Build" (the Project); to High Spans Engineering, Inc., for Project No. 60040. 18) Recommendation to approve the award of RFP #15-PRC-02910 15- 6432 "Real Estate Appraisal Services" to the selected firms as set forth. 19) Recommendation to approve easement agreements for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 124RDUE) and a Temporary Bridge Construction Easement (Parcel 124TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3) Estimated fiscal impact: $10,980. 20) Recommendation to adopt a resolution decreasing the regulatory assessment fee from three percent to two percent of gross revenues for nonexempt privately owned water and wastewater systems subject to local regulation, effective December 1, 2015, as approved by the Page 9 September 22,2015 Board of County Commissioners in the fiscal year 2016 budget and as approved by the Collier County Water and Wastewater Authority. 21) Recommendation to approve Invitation to Bid (ITB) #15-6472 "Background Check Services" received from Azura Investigations. 22) Recommendation to adopt a Resolution to hold a public hearing to consider vacating the 30-foot Road Right-of-Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. (VAC-PL20150001456) 23) Recommendation to approve Petition VAC-PL20150001563, to quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida. 24) Recommendation to accept a donation in the amount of$110,500 from the Community Foundation of Collier County to fund additional artificial reefs under the County's Artificial Reef Program, authorize expenditure of these funds, approve naming rights, and approve a budget amendment to recognize the revenue. 25) Recommendation to review and approve the Collier County Floodplain Management Plan 2014 Progress Report and the Proposed Action Plan for 2015. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to authorize staff to advertise an amendment to Ordinance 97-82, as amended, which created Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include County owned right-of-way identified for the purpose of constructing pedestrian streetscape improvements within the right-of- way along Thomasson Drive and bring back the proposed ordinance for public hearing. Page 10 September 22, 2015 C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for FY16. This resolution adopts the rates that fund the FY16 budget for solid waste collection and disposal. 2) Recommendation to approve a $259,064.90 work order to Quality Enterprises USA, Inc., under Request for Quotation #14-6213-41 for effluent filtration media replacement under South County Water Reclamation Facility Technical Support Project Number 73969; and, authorize the necessary budget amendment. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept the Retired and Senior Volunteer Program (RSVP) grant and approve budget amendments in the amount of $3,900 for a cumulative grant total of$57,522 for the operation of the Retired and Senior Volunteer Program from the Corporation for National and Community Service. 2) Recommendation to approve the five-year update of the Final Management Plan for the Conservation Collier Red Root Preserve. 3) Recommendation to approve sixteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$136,417.52. 4) Recommendation to approve four State Housing Initiatives Partnership Program releases of lien in the amount of$38,956.37 for owner occupied affordable housing dwelling units where the obligation has been repaid in full. 5) Recommendation to approve two releases of liens for full payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. 6) Recommendation to approve second amendment to the subrecipient Page 11 September 22, 2015 agreement with Youth Haven Inc., for the Safe and Secure Home for Collier Youth Phase II & III, shifting Community Development Block Grant funding and clarifying milestones deadline requirements. 7) Recommendation to approve Second Amendments to Agreements with Habitat for Humanity of Collier County for the Community Development Block Grant Roof Repair/Replacement Project; United Cerebral Palsy of Southwest Florida for the Transportation Services Project; and Community Assisted and Supported Living, Inc. for the HOME Investment Partnership Program Rehabilitation of Multi- Family Properties Project in order to extend their completion dates. 8) Recommendation to approve the FY2015/2016 State Aid to Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, authorizing the Collier County Public Library to apply for State Aid to Libraries in the estimated amount of$217,005. 9) Recommendation to recognize FY 2015/2016 State Public Transit Block Grant additional revenue up to $896,635, authorize the Public Services Department Head to execute the notification of funding award and approved appropriate budget amendment to prevent delay of the use of grant funds for the Collier Area Transit system. 10) Recommendation to approve proposed route modifications and New Seasonal Schedule within the Collier Area Transit system. 11) Recommendation to authorize execution of the grant award for the Federal Transit Administration 49 U.S.C. § 5307 FY15 grant award in the amount of$2,848,065 and appropriate a budget amendment to allow continuous operation of the Collier Area Transit system prior to the execution of said grant award. 12) Recommendation to approve the Collier County University Extension Division's request for funding from the Collier County 4-H Association in the amount of$64,880; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. 13) Recommendation to approve an agreement with the David Lawrence Page 12 September 22, 2015 Mental Health Center to govern the allocation of the state mandated match amount in the FY 16 budget ($1,154,000) and also to allocate additional funds in the amount of$230,800 to fill a funding gap due to state non-funding of the AHCA Medicaid match programs for a total of$1,384,800. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chair to execute the Fourth Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner) extending the term of the Agreement to September 30, 2016 and clarifying maintenance expense responsibilities. 2) Recommendation to award Invitation to Bid #15-6479, Gillig Bus Parts, to Gillig Corporation for supply of Original Equipment Manufacturer (OEM) and non-OEM parts to maintain and repair the County's Gillig bus fleet. 3) Recommendation to award Invitation to Bid #15-6497, International Truck Parts, to Wallace International Trucks, Inc., for supply of Original Equipment Manufacturer (OEM) and non-OEM parts to maintain and repair the County's International truck fleet. 4) Recommendation to award RFP#15-6426, Group Insurance Brokerage and Actuarial Services to Willis of Florida, Inc. 5) Recommendation to approve the Collier County Group Health, Dental, Health Reimbursement Arrangement and Flexible Benefit Arrangement Plan Documents effective January 1, 2016. 6) Recommendation to approve a Lease Agreement with Roger Carvallo for office space to be utilized by the Health Department. 7) Recommendation to approve a Third Amendment to License Agreement with St. Matthew's House, Inc., for the continued use of parking spaces at the Government Center. 8) Recommendation to exercise the renewal option under the agreement for Collier County Emergency Services Medical Director for a period Page 13 September 22,2015 of one year in accordance with the terms of the contract. 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 renew the annual Certificate of Public Convenience and Necessity (COPCN) for Ambitrans Medical Transport, Inc. to provide Class 2 Advanced Life Support (ALS) inter-facility transport ambulance service for a period of one year. 10) Recommendation to waive competition; approve the procurement of the training programs for staff; and, authorize the County Manager or designee to execute the contract with the Florida Gulf Coast University (as provided by the Florida Institute of Government). 11) Recommendation to approve and adopt a Resolution approving the Pay and Classification Plans for the County Manager's Agency and County Attorney's Office effective October 1, 2015 and to provide a general wage adjustment effective October 3, 2015 for eligible employees. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Request for Proposal #15-6444 Federal Lobbyist with Becker & Poliakoff, P.A. and authorize the Chairman to execute the contract after review by the County Attorney. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 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 that the Board of County Commissioners reviews and approves the proposed FY2016 Action Plan for Leo E. Ochs, Jr., County Manager. G. AIRPORT AUTHORITY Page 14 September 22,2015 H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint two members to the Golden Gate Beautification Advisory Committee. 2) Proclamation designating September 2015 as Childhood Cancer Awareness Month. This proclamation will be sent by mail to the recipient, Steven Firestein, Founder, American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. 3) Recommendation to appoint a member to the Golden Gate Estates Land Trust Committee. 4) Recommendation to approve a Resolution in support of the 2016 Legislative budget request made by the OF/IFAS and the South Florida Ag Council for continued funding of the Southwest Florida Research and Education Center, and to distribute resolution in the manner set forth. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve an agreement authorizing the Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and to authorize the Board Chairman to sign the Certificate Regarding Matching Funds and Certificate of Equipment for Casting and Counting Ballots. 2) Tax Collector request for advance commissions in accordance with Florida Statute 192.102(1) for FY 2016. 3) 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 August 27 and September 9, 2015 pursuant to Florida Statute 136.06. Page 15 September 22, 2015 K. COUNTY ATTORNEY 1) Recommendation to approve the hiring of Larry Gendzier, Esq. for mediation services in the eminent domain case styled Collier County v. Grover C. Woody, III, et al, Case No. 15-CA-199, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to retain Mr. Gendzier for future mediations under the terms of the attached letter (Golden Gate Boulevard Road Widening Project # 60040). 2) Recommendation to approve a Joint Motion and Final Judgment for Parcel No. 265RDUE in the lawsuit styled Collier County v. Ganash Rajaram, et al., Case No. 15-CA-379 for the Golden Gate Boulevard widening project, Project No. 60040. (Fiscal Impact $55,135.50) 3) 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. 4) Recommendation to designate Commissioner Tim Nance to attend the September 25, 2015 mediation relating to Dwight E. Brock, Clerk of Courts v. Leo E. Ochs, Jr., et al - Case No. 2015-CA-00595, as a Collier County representative. 5) Recommendation to approve a Settlement Agreement in the sum of $55,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Cheryl Wilson- Watson v. Collier County Board of County Commissioners, Case No. 2:14-cv-749-FtM-29CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. (Fiscal Impact: $55,000). 6) Recommendation to authorize the County Attorney to accept the settlement offer of$7,731.79, and to authorize the Chairman to execute a Release for property damage, in the lawsuit styled Collier County Board of County Commissioners, Collier County, Florida v. Michael H. Chalfin and Tyler R. Chalfin, filed in the County Court of Page 16 September 22,2015 the Twentieth Judicial Circuit, in and for Collier County, Florida, case number 2014-CC-1729-001. 7) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2015 - 2016 Action Plan for Jeffrey A. Klatzkow, County Attorney. 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. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution amending Development Order 84-1, as amended, for the TollGate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order by amending the Master Development Plan to convert Lots 16 through 20, comprising 8.93+ acres of property from Commercial to Commercial/Light Industrial; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Florida (Petition DOA-PL20150000545 companion item to PUDA-PL20150000281). 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 of the Board of County Commissioners of Collier County, Florida amending Page 17 September 22, 2015 Ordinance Number 92-10, as amended, the Tollgate Commercial Center Planned Unit Development (PUD), by amending the PUD Master Plan to convert Lots 16 through 20 as shown on the PUD Master Plan from Commercial to Commercial/Light Industrial; and providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA-PL20150000281, companion item to DOA- PL20150000545]. 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- PL20150001516 to vacate a portion of the 25-foot drainage easement being a part of Lot 4, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. D. This item has been continued to the October 13, 2015 BCC Meeting: 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 Number 08-41, the First Assembly Ministries Education & Rehabilitation Campus MPUD, as amended, to remove two- family dwellings from permitted principal uses, and add detached and attached garages, and daycare services for children to permitted accessory uses in Tract G; to reduce the minimum floor area for multi-family dwelling units from 850 square feet to 800 square feet; to remove the prohibition on one bedroom non-church-related dwelling units; to add a cross reference to a new Essential Services Personnel Housing Agreement; to remove affordable housing developer commitments and transfer them to the new Essential Services Personnel Housing Agreement; to add new design standards for residential development on Tract G; to add a new transportation developer commitment relating to reservation of right-of-way along the southern portion of the PUD; to add a new planning developer commitment relating to disclosure of Swamp Buggy Races; and to revise the PUD Master Plan to relocate the existing access point near the southeast corner of the property to align with the entry for the Lord's Way RPUD to the south for the PUD property consisting of 69± acres located on the east side of Collier Blvd. Page 18 September 22, 2015 (C.R. 951), approximately 1/2 mile north of Rattlesnake-Hammock Rd. (C.R. 864), in Section 14, Township 50 South, Range 26 East, Collier County, Florida; and by providing an effective date. (Petition Number PUDA-PL20140002461). E. Recommendation to adopt an Ordinance amending the Board's Meeting Ordinance (Ordinance No. 75-16, as amended), to provide for Electronic Meetings when a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances. F. Recommendation to adopt an Ordinance amending Section Fifteen of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended), to conform the County's Preference to Local Businesses in County contracts to recent changes in Florida law. G. Recommendation to adopt an Ordinance, that effective January 1, 2016, would allow the County to enforce the posting of public awareness signs at adult entertainment and massage/bodywork establishments alerting employees and patrons to remedies and protections related to human trafficking. H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 September 22, 2015 September 22, 2015 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Ladies and gentlemen, good morning, and welcome to the regular BCC meeting of September 22nd. At this time in order to help us have an orderly meeting, I would ask you to please silence all cell phones and electronic devices so that we're not interrupted and we can go forward. At this time I would ask you to all rise and join as our invocation is delivered by Pastor Bob Scudieri from Faith Lutheran Church, and remain standing for the Pledge of Allegiance. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION GIVEN BY COUNTY MANAGER LEO OCHS MR. OCHS: Mr. Chairman, I don't see Pastor Scudieri. Maybe I could -- CHAIRMAN NANCE: Mr. Ochs, please, give us -- MR. OCHS: -- attempt to fill in here. Our heavenly Father, we ask for your blessings on these proceedings and all who are gathered here. We ask this a special blessing on this Board of County Commissioners. Guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens and that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name. Amen. (Pledge of Allegiance was recited in unison.) CHAIRMAN NANCE: This morning we are going to meet as a Board with four commissioners. At this time Commissioner Fiala is Page 2 September 22, 2015 unable to join us in person or via phone. However, she may wish at some point to participate. If she does so, the Board as a whole will consider allowing her to participate under extraordinary circumstances. But at this point we're going to have four board members, meaning that for any item to be passed it's going to require three votes out of the four. Because a two to two vote is not a passage of an item. So with that in mind, Mr. Ochs, would you please lead us through today's agenda changes. 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: Yes, sir. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of September 22nd, 2015. The first and only proposed change is to move Item 16.A.18 from your consent agenda. It will become Item 11.I on the County Manager's regular agenda. It's a recommendation to approve the award of an RFP for Real Estate Appraisal Services. That request is made by Commissioner Taylor. We also have one time certain item scheduled for this morning at 11:00 a.m. That is Item 11.A. That's the presentation of the 2016 Board of County Commissioners state legislative priorities. Again, that is to be heard at 11:00 a.m. And those are all the changes that we have this morning, Mr. Chairman. CHAIRMAN NANCE: Thank you, sir. At this time we will take Page 3 September 22, 2015 ex parte communication and any other agenda changes from the current agenda. Commissioner Henning? COMMISSIONER HENNING: Yeah, good morning. Ex parte communication, I've received staff reports on Item 17.A and 17.B. As far as changes, I would like to move 11.1 (sic), miscellaneous correspondence, to the regular agenda. I think that's to become 11.J. CHAIRMAN NANCE: Which item, sir? COMMISSIONER HENNING: 16.I, miscellaneous correspondence. CHAIRMAN NANCE: Yes, sir. MR. OCHS: Yes, sir 16.I.1. That will become 11 -- CHAIRMAN NANCE: 11.J? MR. OCHS: Well, or 13.1, since this is a Constitutional Officer item. Pleasure of the Board. COMMISSIONER HENNING: Yeah. MR. OCHS: Is that fine, sir, 11.A? COMMISSIONER HENNING: Yeah, it's not going to be long. MR. OCHS: Excuse me, 13.A, Item 13.A. So 16.1.1 will become 13.A. CHAIRMAN NANCE: Okay. No other changes, Commissioner Henning? COMMISSIONER HENNING: No, that's it. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: No disclosures, no changes. CHAIRMAN NANCE: Yes, I have no changes to the agenda, I have no ex parte for today's consent agenda, I've read the staff report, the DOA Toll Gate Commercial Center, staff report for Item 17.A and 17.B. Nothing else. Commissioner Taylor? COMMISSIONER TAYLOR: Yes, thank you, County Manager, Page 4 September 22, 2015 for your response on 16.E.2 and 16.E.3. I would like to move them forward, just for discussion. I have a couple of questions on it. So thank you very much for that. CHAIRMAN NANCE: Which items, ma'am? COMMISSIONER TAYLOR: 16.E.2 and 16.E.3. And just a point of clarification on the consent agenda again, 16.A.24. I want to make sure we are spending all the contribution on reefs and reef modules. The modules were not mentioned. I just want to make sure that the entire contribution is spent on those two items. MR. OCHS: That's correct. COMMISSIONER TAYLOR:. Okay, thank you. And I have no ex parte communication at all. MR. OCHS: Mr. Chairman, then if it's the pleasure of the Board, 16.E.2 will move to Item 11.J. And 16.E.3 will move to Item 11.K. CHAIRMAN NANCE: Okay. With those changes, is there a motion to approve the regular consent and summary agenda? COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Thank you very much, it passes unanimously. Page 5 Proposed Agenda Changes Board of County Commissioners Meeting September 22,2015 Move Item 16A18 to Item 11I: Recommendation to approve the award of RFP#15-PRC-02910 15-6432 "Real Estate Appraisal Services" to the selected firms as set forth. (Commissioner Taylor's request) Time Certain Requests: Item 11A to be heard at 11:00 a.m. 10/9/2015 2:38 PM September 22, 2015 Item #2B BCC SPECIAL MEETING MINUTES FROM THE AUGUST 29, 2015 MEETING REGARDING TROPICAL STORM ERIKA — APPROVED AS PRESENTED The minutes of the special meeting, Tropical Storm Erika minutes. I make a motion to approve. Is there a second? COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Thank you, that passes. Item #3A SERVICE AWARDS — 20 YEAR ATTENDEES MR. OCHS: Mr. Chairman, that takes us to service awards this morning. If the Board will join us in front of the dais. Commissioners, this morning we have several employees celebrating 20 years of service with county government. Our first awardee from your Domestic Animal Services Division is June Dunfee Preston, 20 years of service. June? Page 6 September 22, 2015 (Applause.) MR. OCHS: Celebrating 20 years of service with Growth Management, Gloria Herrera. Gloria? (Applause.) MR. OCHS: Celebrating 20 years of service with Emergency Medical Services, Neil Maclarty. Neil? (Applause.) MR. OCHS: Celebrating 20 years with our Solid Waste Management operation, Joe McLamma. Joe? (Applause.) MR. OCHS: And celebrating 20 years of service with our Parks and Recreation Division, Linda Sujevich. (Applause.) Item #3B SERVICE AWARD — 30 YEAR ATTENDEE MR. OCHS: Commissioners, we have one employee this morning celebrating 30 years of dedicated service to county government, someone who's known and loved by everybody on our county team. 30 years with our Risk Management Department, Alice Toppe. Alice? (Applause.) MR. OCHS: That concludes our awards this morning, Commissioners. Page 7 September 22, 2015 Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION HONORING BENTLEY VILLAGE FOR 30 YEARS OF BUSINESS IN COLLIER COUNTY. ACCEPTED BY ANN WALSH EXECUTIVE DIRECTOR OF VI AT BENTLEY VILLAGE, AND JORDAN SCARDIGNO, ASSOCIATE EXECUTIVE DIRECTOR OF VI AT BENTLEY VILLAGE — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4 on your agenda this morning, proclamations. Item 4.A is a proclamation honoring Bentley Village for 30 years of business in Collier County. To be accepted by Ann Walsh, Executive Director of Vi at Bentley Village, and Jordan Scardigno, Associate Director of Vi at Bentley Village. If you'd please step forward and be recognized. (Applause.) Item #4B PROCLAMATION RECOGNIZING THE WORK OF PACE CENTER FOR GIRLS, COLLIER AND ITS LOVE THAT DRESS! EVENT WHICH HAS RAISED MORE THAN $245,000 FOR PACE AND HELPS THE ORGANIZATION FULFILL ITS MISSION TO PROVIDE GIRLS AND YOUNG WOMEN AN OPPORTUNITY FOR A BETTER FUTURE THROUGH Page 8 September 22, 2015 EDUCATION, COUNSELING, TRAINING AND ADVOCACY. ACCEPTED BY MARIANNE KEARNS, EXECUTIVE DIRECTOR OF THE PACE CENTER FOR GIRLS, COLLIER — ADOPTED MR. OCHS: Item 4.B is a proclamation recognizing the work of the Pace Center for Girls, Collier and its Love That Dress Event, which has raised more than $245,000 for Pace, and helps the organization fulfill its mission to provide girls and young women an opportunity for a better future through education, counseling, training and advocacy. To be accepted by Marianne Kearns, Executive Director of the Pace Center for Girls, Collier, and Liz Nassberg. If you'd please step forward and receive your proclamation. (Applause.) MS. KEARNS: Good morning. I just want to take a couple minutes and say thank you again for this great honor for Pace Center For Girls. It's such a challenge to make people aware of what we do out in the Immokalee community. Because our Pace Center isn't located in the heart of Naples. So these awards and honors really help get the word out to the good work that we do. I just want to say we're currently serving 67 girls out in Immokalee, and 100 additional girls who are in transition services. And our outcome measures continue to be stellar, which is why we continue to be funded by our great Governor. Love That Dress helps support our budget. And because of the success of that event, we can continue serving those girls. And I also want to say that Love That Dress is not only great for Pace, but it's also great for the community. Because we partner with vendors and sponsors. And 26 people held dress collection parties. It's a win/win for us all. It promotes their business and promotes Pace Center For Girls. So I just want to say thank you again. Page 9 September 22, 2015 CHAIRMAN NANCE: Thank you very much. I would like to say, for those of you that haven't had an opportunity to visit the facility in Immokalee, you should go and see it. It's absolutely magnificent. I've had an opportunity to be to some of the programming on different occasions and it's truly inspirational. So what that wonderful organization; they put together a great facility in Immokalee. It is truly a great game changer. Commissioner Hiller? COMMISSIONER HILLER: Marianne, I don't know if you have the statistics off the top of your head but I would love if you would share, you know, what incredible success you have with the girls who do participate in the program. I know what those are, but I'd rather have the world hear them come from you. And I want to personally thank you and the members of your board and all the -- your staff and all the volunteers, because what you have done is nothing short of unbelievable. And to think that you could raise $245,000 by selling these dresses that people donate. And just so people know, these dresses were selling for like $3 and $10, not for $1,000. So that tells you how much community support is. And before you answer my question, Len, would you stand up? Can you just like walk down to the middle of the aisle? I want you to know, we have a Pace model with us today. And Len, just step down to the middle. And yes, that dress was bought at the Pace event. And so was that jewelry. Len, how much did you pay? MS. PRICE: For both of them? COMMISSIONER HILLER: Yeah. MS. PRICE: $12.00. COMMISSIONER HILLER: Right, $12.00. And doesn't she look wonderful? Page 10 September 22, 2015 And by the way, hold your hands up. She's wearing -- every single ring on her finger is a Pace -- well, on that hand. I can't keep count of how many fingers you have. Those are all Pace rings, and -- CHAIRMAN NANCE: Ten, ma'am, 10. COMMISSIONER HILLER: Thank you, thank you. Amanda Jaron has every year designed a special ring and the proceeds go to support Pace. And if anybody wants to take a look at her hand -- not both, just one -- you know, during our break, feel free to do so, because it's absolutely incredible and it supports an incredible organization doing outstanding work. Thank you for modeling. (Applause.) MS. KEARNS: I do want to say that the 240,000 number is the cumulative for the five years that we've been doing the event, but this year was a record breaker with $150,000, selling dresses for 10, 20, and $30 with a combination of sponsorships. But our outcomes continue to be positive. 86 percent of our girls make academic gains every year that they are attending the Pace Center for Girls. Over 95 percent of our girls either continue in an academic setting, go to work or higher education. And 99 percent of our girls have no recidivism if they were previously involved with the juvenile justice system. So because of those numbers, we continue to be funded and we save the state a lot of money. It cost about $14,000 to serve a girl in the Immokalee community at Pace Center for Girls. And if they were to go into a juvenile justice or mental health setting, it would cost us about $40,000. So thank you. COMMISSIONER HILLER: Thank you. MR. OCHS: Mr. Chairman, may I have a motion to -- COMMISSIONER HENNING: Move to approve today's proclamations. Page 11 September 22, 2015 CHAIRMAN NANCE: Second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: The proclamations are approved unanimously. Item #6A PUBLIC PETITION REQUEST FROM RAY MUSLIMANI, PRESIDENT, NR CONTRACTORS, INC., REQUESTING PAYMENT FOR ROCK EXCAVATION FOR CONTRACT #14-6197, "HAMMERHEAD AND DESIGNATED DRIVEWAY CONSTRUCTION — DISCUSSED MR. OCHS: That takes us to Item 6 this morning, Public Petitions. Item 6.A is a public petition request from Ray Muslimani, President, NR Contractors, Incorporated, requesting payment for rock excavation for Contract 14-6197, hammerhead and designated driveway construction. I don't know if-- MR. MUSLIMANI: It's my first time doing this, so I'm not sure what the procedure is. Page 12 September 22, 2015 COMMISSIONER HENNING: You have 10 minutes. MR. MUSLIMANI: Basically I had submitted an invoice -- CHAIRMAN NANCE: Yes, sir, let me give you a little introduction. I'm sorry, this -- you're going to have an opportunity -- COMMISSIONER HILLER: The Chair is speaking to you, sir. MR. MUSLIMANI: I'm sorry. CHAIRMAN NANCE: You're going to have an opportunity sir to speak for 10 minutes. And under the rules of a public petition, it doesn't necessarily mean that the Board will make a determination at this time. But you'll have an opportunity to present your case, and then the Board, at its pleasure, may decide to take action at a future date or now or whatever. So you'll have 10 minutes, sir, so please begin. MR. MUSLIMANI: Okay. I guess I'll begin by saying I submitted an invoice for a project that I had completed approximately about four months ago or so. The invoice I think came out to about $254,000. I emailed that to Dane Atkinson which he had I guess rejected my invoice due to lack of I think information that he requested. From that point I think I tried to -- I gave him the information that he needed, or I thought I did. And then we had some meetings and discussions over that invoice. I'm not really good at doing this. But at the end of it I guess what we ran into is a hold of(phonetic) our excavation that was worth about two months of our excavation. The whole job took us about five months to do. So the job I think was for $157,000. Their excavation came out to I think around $90,000. I really don't know what -- you know, if you guys have any questions for me can I answer for you or what. But I submit, you know, like some kind of report to you guys to kind of view to kind of try to break it down. I mean, it became sort of -- it's a lot of information, I mean, if I was to go through the whole Page 13 September 22, 2015 project with you. It's just a lot of information and it would take probably a lot longer than 10 minutes to kind of go through it step by step. CHAIRMAN NANCE: Well, sir, I would just like to ask you, the information that's been conveyed to me was that you were awarded a bid to do four hammerheads. And the contracted price was a lump sum price of$157,636 with a $15,000 time and material allowance for unforeseen conditions. MR. MUSLIMANI: Correct. CHAIRMAN NANCE: Which means that if you encountered something that wasn't anticipated, the total contract amount was up to $172,636. And that was the bid that you were awarded. So it seems you've submitted an invoice for $80,000 over the contracted amount. MR. MUSLIMANI: What happened, we had meetings -- I had meetings with Dayne Atkinson over that issue that basically the way we were going, that we were going to exceed that amount. And I believe the last meeting we had was with Dayne Atkinson, Brenda Brilhart and Swain Hall. And at that meeting basically we decided -- or he decided that he wanted to be billed time and material. At that point I had to cut my initial invoice for $14,000 -- or he cut it down to basically $4,000 because of the amount of rock that was excavated on 12th Avenue. From there we went to 14th Avenue and excavated and we took out six and a half containers, which is approximately 130 yards. From that point at 12th I was told by Mark Rothenberger, which was a CI on site, that for me not to have anymore communication with the project manager to this issue. Anything that I had needed to go through, basically, Mark Rothenberger. From there I thought that since we're doing -- the time and material was no longer in place, we were doing a price invoicing, from Page 14 September 22, 2015 what had done in the past with the county is as long as you had a unit price that was approved, that basically you could bill on that unit price basis, that -- and I wasn't aware of anything different. So there's a miscommunication when it came to that part, yes, there is. CHAIRMAN NANCE: Well, the contract provides for a $15,000 allowance for unforeseen conditions. It doesn't provide for an $80,000 contingency. MR. MUSLIMANI: Okay. CHAIRMAN NANCE: And I'm sure you were aware of that, because that is the contract in which you entered. Is that not the case? MR. MUSLIMANI: Well, I entered -- I mean, Collier County contracts, they vary. I mean, it's hard for me to really understand the contract fully. The way I understood it is, I mean, usually in my past experience is when you're doing work with the county, you have communication with the project manager and if there is anything that would look like it's going to be an issue or problem, you know, you bring it to the project manager and from there you can work out a solution for it. In this case here just was never brought up. Like I said, I had meetings with Dayne Atkinson prior to this. And, I mean, the only thing I know is that at that point the last meeting we had was, you know, at purchasing. Which basically he stated that he didn't want me to use the time and material type invoicing, he wanted me to use a -- you know, a unit price type invoicing. CHAIRMAN NANCE: Well, that is my understanding, that is the contract that you entered into. Mr. Ochs, do you have any other information that might help the Commission Board decide what the circumstances were here? MR. OCHS: No, sir, I really don't. I think you hit it on the head. We had a lump sum contract with a $15,000 contingency that could Page 15 September 22, 2015 only be triggered at the staff level to allow that contingency to be used, and that was never authorized. So we got an invoice that took the lump sum considerably beyond the agreed upon contract. CHAIRMAN NANCE: So it's my understanding that NR Contractors has actually not requested the use of the allowance, but they've been paid the lump sum, the contractual amount of 157,636. MR. OCHS: That's correct. CHAIRMAN NANCE: So I think, sir, that Mr. Muslimani, you have an opportunity to come and speak to staff about the use of the allowance, but it's unclear to me that you're eligible, sir, to collect an overage that exceeds the contingency by $65,000. I mean, that's -- Commissioners, any comments? Commissioner Hiller? COMMISSIONER HILLER: Leo, did staff authorize any work beyond the scope of the contract? MR. OCHS: I'll call on Mr. Rodriguez to address that. MR. RODRIGUEZ: Good morning, Commissioners. For the record, Dan Rodriguez, your Solid and Hazardous Waste Management Division Director. The only authorization that we gave was for the allowance, the $15,000 that's outlined in the contract. COMMISSIONER HILLER: So you did allow for the allowance? MR. RODRIGUEZ: 15,000, that's correct. COMMISSIONER HILLER: Was any work authorized beyond the scope of the contract? MR. RODRIGUEZ: No. COMMISSIONER HILLER: So only what was in the contract was authorized and only what was in the contract was performed? MR. RODRIGUEZ: That's correct. COMMISSIONER HILLER: And then you did authorize the Page 16 September 22, 2015 15,000? MR. RODRIGUEZ: Yes. COMMISSIONER HILLER: So it would be the fixed contract price plus 15,000 that should be paid to him? MR. RODRIGUEZ: That's correct. COMMISSIONER HILLER: And what would that total be? MR. RODRIGUEZ: 172,066. COMMISSIONER HILLER: And what are you claiming the excess between the 172 and 254? What is that for? MR. MUSLIMANI: That's for excavation. For the most part it's for excavation that was done. We started out on 12th and we had a minor amount of our excavation. And then the closer we went to Jung, basically it got heavier and heavier. The CI on site basically even told me that the closer we're going to get to Jung, the heavier the excavation work was going to be. The CI -- I believe in the contract it says that the CI was supposed to take notes of the amount of rock that is being excavated, and it seems like he did not do that. COMMISSIONER HILLER: Well, it seems like you had a fixed price contract with no contingency allowance beyond the 15,000 or whatever, the 15,000, I believe -- how much, or was it 15,000? CHAIRMAN NANCE: 15,000. COMMISSIONER HILLER: Yeah, 15,000 for unforeseen circumstances. So you entered into an agreement and it is what it is. I mean, you should have negotiated something different or they should have bid something different if, you know, circumstances were other than what was anticipated. But that's not what happened, so -- MR. MUSLIMANI: So basically I'm supposed to eat that and that's how it works? COMMISSIONER HILLER: The law doesn't protect you against Page 17 September 22, 2015 a bad business deal. You know, if you either work too slow or you, you know, didn't manage your job or you didn't properly anticipate the job for what it was and you bid a price that was too low, that's your loss. MR. MUSLIMANI: I mean, our excavation is basically -- it's an extra altogether. It has nothing to do with if I've done the job slow or fast. It doesn't reflect. I mean, the only -- COMMISSIONER HILLER: Was this for excavation? I thought this was for like these hammerheads or whatever they're called. MR. RODRIGUEZ: That's right, Commissioner, it's part of the hammerhead project is to excavate to put in the culverts. COMMISSIONER HILLER: It's one of the prelim-- it's a component of the overall project, it's not a separate project? MR. RODRIGUEZ: Correct. COMMISSIONER HILLER: So Jeff, I mean, is there an issue here or what's your take on it based on the contract and based on the performance and based on what's being presented here today? MR. KLATZKOW: The only thing that would have concerned me, if I would have heard the petitioner say that staff had made promises to him or he had discussions with staff. I have not heard that. So at this point in time, you know, I concur with staff, it's a fixed term project. There was no additional work authorized or apparently even really discussed. COMMISSIONER HILLER: Nothing, right. There was no promise made by anybody in the field or -- MR. RODRIGUEZ: No, there was not -- COMMISSIONER HILLER: -- beyond that? MR. RODRIGUEZ: -- Commissioner. COMMISSIONER HILLER: Okay. Well, then I don't see any reason that we'd move this forward. I don't think we bring this forward for a hearing. Page 18 September 22, 2015 CHAIRMAN NANCE: Any other comments? (No response.) CHAIRMAN NANCE: All right, Mr. Muslimani, I'm sorry. MR. MUSLIMANI: That's it? That's kind of odd. I've just never had this situation happen to me before. Usually I go out, I do my job and I get paid for it. COMMISSIONER HILLER: But you had a fixed price contract. CHAIRMAN NANCE: Yes, sir, when you enter into a fixed price contract, that's a hard number. It's not a time and materials job. Had you had a time and materials job that was negotiated based upon the completely unforeseen circumstances, it would be different. But you entered into a contract to accomplish the work on four hammerheads for a dollar amount not to exceed 172,636. And that's what certainly you're entitled to, sir. If you haven't received the $15,000 time and material allowance, I'm sure staff will work with you and get that to you. But you do not have a right to request $80,000 over the contracted amount. MR. MUSLIMANI: Okay. What I'm asking for is actually for extra work. This is not part of the contract. I mean, extra work is extra work. CHAIRMAN NANCE: Well, sir, there was no agreement. MR. KLATZKOW: The work was unauthorized. CHAIRMAN NANCE: There was no extra work authorized, sir. There was no contractor agreement for additional work. Had that been the case, then you should have entered into an arrangement for additional work. MR. MUSLIMANI: Okay. CHAIRMAN NANCE: All right, sir. MR. MUSLIMANI: All right, thank you. CHAIRMAN NANCE: Thank you. Page 19 September 22, 2015 Item #10A RECOMMENDATION TO DIRECT STAFF TO TAKE STEPS TO IMPROVE PUBLIC OUTREACH AND INFORMATION REGARDING COLLIER COUNTY EMERGENCY MEDICAL SERVICES (EMS), WITH THE GOAL OF BETTER INFORMING CITIZENS ON HOW EMERGENCY MEDICAL SERVICES ARE PROVIDED IN COLLIER COUNTY — MOTION DIRECTING STAFF TO DEVELOP A FACT BASED NON-POLITICAL PUBLIC RELATIONS PROGRAM TO IMPROVE COMMUNITY OUTREACH AND OTHER INITIATIVES AS DIRECTED BY THE BOARD — APPROVED MR. OCHS: Commissioners, that takes us to Item 10 on this morning's agenda, Board of County Commissioners. Item 10.A is a recommendation to direct staff to take steps to improve public outreach and information regarding Collier County Emergency Medical Services with the goal of better informing citizens on how Emergency Medical Services are provided in Collier County. This item was brought forward by Commissioner Nance. CHAIRMAN NANCE: Yes, we're -- the Board and the community and Collier County EMS and the fire districts are currently engaged in discussions regarding how Emergency Medical Services are provided in Collier County. And it has become clear to me in the last several weeks that there's a lot of misunderstanding and lack of available information to the public. So actually a number of these items that I've placed under Item 10 today are intended to improve communication and cooperation between all the parties that are engaged in this very, very vital activity. This agenda item, 10.A, you know, I just went out and I examined available information based upon the approach that I was a citizen Page 20 September 22, 2015 seeking information. And I found that there was a very grand lack of information. And I don't know exactly why that is, but I think this Board needs to direct staff to take affirmative steps to improve the public outreach and information regarding Emergency Medical Services. I think our website is lacking, I think we need information links, public information programming, and perhaps even staffing. You know, I inquired as to how long it's been since EMS has had a public information officer, and perhaps that should be considered. Anyway, I wanted to bring this item to the Board to see if Commissioners were thinking the same way that I was. I received a lot of-- a lot of calls from HOAs, civic groups and other citizens with questions. That having been said, I've also attended a number of presentations that Chief Kopka has delivered. And I'll say they're always very, very excellent. But clearly this gentleman is involved in providing these services and I think it's a stretch to believe that he has enough time to provide all the information that perhaps the public is looking for. So I wanted to bring this agenda item forward for the consideration of the Board. Which of you is first? COMMISSIONER TAYLOR: Commissioner Hiller. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: I think any effort to improve the public's understanding on any issue is worthwhile. With respect to hiring another person to handle outreach for EMS, I can't agree to that. We have a public relations outreach department that has the capacity to handle this. They can work with staff, they can review the communications with staff, solicit input and whatever other assistance is needed to develop a program. But that program has to be apolitical. It needs to be an outreach program that conveys the facts Page 21 September 22, 2015 and not any agenda of any individual Commissioner. So I think it's extremely important that we do everything possible to improve the public's understanding on a factual basis and to do it with the existing resources we have to the best of our ability. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I'd like to make a motion that we develop a public relations programming -- public information programming and staffing. Staffing is questionable. I'm not sure -- I think about Commissioner Hiller's concept that perhaps we keep it all. We don't hire, but let's try it with who's in place right now. But indeed we need outreach and it needs to be very vigorous. So I'd like to make a motion to that effect. COMMISSIONER HILLER: And if you would add that it be fact-based, you know, apolitical fact-based information, I would appreciate it and I would second that. COMMISSIONER TAYLOR: Yes, it's not a bully pulpit for one or the other -- COMMISSIONER HILLER: Right, for anybody. COMMISSIONER TAYLOR: -- but it is fact-based. COMMISSIONER HILLER: Right. And I'll second that for you. CHAIRMAN NANCE: So you're making a motion to let staff come forward with a proposal to do this? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: Absolutely, I would endorse that. Commissioner Henning, any comment? COMMISSIONER HENNING: No. CHAIRMAN NANCE: Hearing -- any other comments? Hearing none, there's a motion and a second. All those in favor, signify by saying aye -- MR. MILLER: Mr. Chairman, I do have one registered speaker. Page 22 September 22, 2015 CHAIRMAN NANCE: Oh, excuse me, Mr. Miller, I'm sorry. Public speakers. MR. MILLER: Paul Anderson. CHIEF ANDERSON: Hi. Paul Anderson, Fire Chief, Immokalee Fire Control District. I'd like to express our fire district's support and Commissioner Nance's request here. We believe any information to the public is good information. I would like to suggest that if you do have your public outreach person, general person for the county, they need to have input from someone with expertise in the field. If they're going to do it, they need to work hand-in-hand with someone appointed by EMS. Someone that attends the county-wide meetings, someone that can answer specific questions the public may have, or have the knowledge to put it out there the correct way. I don't know -- I know it's hard to hire another position for something like that. It's a hard sell for the community. But, you know, even if you can work with Chief Kopka, maybe the possibility of getting EMS personnel on light duty or something to assist with it. But there needs to be someone with expertise in the field -- COMMISSIONER HILLER: That's the intent. CHIEF ANDERSON: -- with a lot of involvement. COMMISSIONER HILLER: That's the intent. CHAIRMAN NANCE: Thank you, Chief. Any other public speakers? MR. MILLER: That was your only registered speaker on that item, sir. CHAIRMAN NANCE: Thank you, Mr. Miller. My apologies. MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Yes, sir? MR. OCHS: Point of clarification. Would the Board like me to Page 23 September 22, 2015 convey the plan through interoffice memorandum or do you want another presentation at a formal meeting, or -- COMMISSIONER TAYLOR: Interoffice memorandum. And clearly after working with Chief Kopka also. I mean, that's so important. MR. OCHS: Yes, ma'am. COMMISSIONER HENNING: How about a special meeting? Workshop? MR. OCHS: No, sir. Thank you. CHAIRMAN NANCE: All right. Any other comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Okay, the motion is approved 4-0. Item #10B RECOMMENDATION TO DESIGNATE COMMISSIONER TOM HENNING TO SERVE AS BCC LIAISON TO INDEPENDENT FIRE DISTRICTS — MOTION TO DENY — APPROVED MR. OCHS: Item 10.B is a recommendation to designate Commissioner Tom Henning to serve at BCC liaison to the independent fire districts. This item was brought forward by Commissioner Nance. Page 24 September 22, 2015 CHAIRMAN NANCE: Yes, this item is also -- was put forward by me. It was not put forward to volunteer Commissioner Henning for something outside of his acceptance and will. But what I wanted to do was and the purpose of this item was to support Commissioner Henning's earlier work back in December, 2014. And at that time he brought forward an agenda item that was not successfully passed and it was to put together an EMS fire district ad hoc committee. And at that time his stated purpose of doing that was to open conversation regarding issues of common interest and common benefit between the county's staffing and that of the fire districts. And so what I wanted to do was I wanted to bring that back. At the time the Board made a motion to bring it back in the summer and I was the sole vote against that because I said this was going to get kicked to the curb and it's going to be forgotten, by the time the summer comes nothing's going to happen. And lo and behold the summer has come and gone and nothing has happened. COMMISSIONER TAYLOR: Are you saying you told us so? CHAIRMAN NANCE: I told you so, ma'am. That's -- you can give me credit for doing something right. That's one in a row, okay? So anyway, I just wanted to bring this back and give Commissioner -- Commissioner Henning has taken the lead on a lot of items. He's had interest. He's our one experienced commissioner. And so I wanted to just bring this up. And certainly it's up to his determination whether he thinks this is viable or necessarily something he wants to do, but I just thought I would bring it up since we brought it up before and it seems to have gotten lost in the shuffle. Commissioner Hiller? COMMISSIONER HILLER: Regardless of how this Board votes, I can't agree with appointing Commissioner Henning as the BCC liaison to the independent fire districts. My views on this matter are different than his, and I can't accept Page 25 September 22, 2015 him as my spokesperson on this issue. I will continue, regardless of how this Board votes on this matter, to communicate with any or all of the fire districts or constituents or anybody who would like to talk to me or I would like to talk to about this issue because, you know, I represent a constituency and I can't allow someone else to have my voice that is on their behalf. So I can't accept this. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Well, we need to celebrate history being made here, because Georgia Hiller and I agree. That's something that really needs to be written down. Maybe put on a plaque or stone or something like that. And the reason -- different reason of agreement. I don't think it's necessary because the elected officials and staff from EMS and the independent fire districts are gathering to look at the item that I brought forward last year was to look at consolidation and see if it can happen with the independent fire districts and then EMS. That's happening today. And I'm attending it as much as I can. And I will continue to do that. I don't think you need somebody appointed by the Board or somebody official by the Board, you know, but I appreciate the vote of confidence. CHAIRMAN NANCE: Thank you very much. That having been said, I'm going to make a motion to deny. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: All those in favor signify by saying aye. MR. MILLER: Mr. Chairman, I'm sorry, I do have a registered speaker. Page 26 September 22, 2015 CHAIRMAN NANCE: Mr. Miller, I'm jumping you every time, aren't I? All right, sir, just flag me down. Yes. MR. MILLER: Paul Anderson. CHIEF ANDERSON: I'm fine. MR. MILLER: He waives, sir. CHAIRMAN NANCE: I'm sorry, Mr. Anderson, I apologize. COMMISSIONER TAYLOR: Twice, Mr. Anderson. Chief. CHAIRMAN NANCE: I'm actually not trying to disrespect Chief Anderson. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you. Thank you, Commissioner Henning. COMMISSIONER HENNING: Thank you. Item #10C RECOMMENDATION THAT THE BOARD CONSIDER ENTERING INTO AN ALS INTER-LOCAL AGREEMENT WITH NORTH COLLIER FIRE AND RESCUE — MOTION TO APPROVE — APPROVED MR. OCHS: Item 10.0 is a recommendation that the Board consider entering into an ALS interlocal agreement with North Collier Fire and Rescue. This item was brought forward by Commissioner Page 27 September 22, 2015 Henning. COMMISSIONER HENNING: Yeah, the reason I put this on there, I don't foresee, and I could be wrong, a reconsideration of the previous action where the COPCN was denied by the majority of the Board. And that's the only way that that item can come back. I mean, there was a series of approvals to expand the boundaries and to renew the upcoming certificate that's going to be expiring here soon. So knowing it does provide a benefit to the community, that's why I put this on the agenda. And also to be equal to all, as you know, and I provided it in the backup, that interlocal agreements are made between the county, City of Naples, City of Marco Island, some independent fire districts through interlocal agreements. Although they are similar, they are critiqued to specific needs of whatever the issue is. So I wanted to offer that up to provide that. I know that -- at least I'm reading that North Naples, North Collier, wants to provide that extra service to their residents. So that's why it's on the agenda. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: There are several issues to be addressed here. The first issue that I would like to address is whether or not the county can by contract assign the rights that it has under its state license to provide or to allow other political subdivisions to provide ALS services. And my opinion, based on what I have read, is that you can't. We received an opinion from the County Attorney that suggests that you can. And I believe that there are several incorrect conclusions in the discussion presented by the County Attorney. I would appreciate if your memorandum would become part of the minutes on this item, County Attorney. Page 28 September 22, 2015 The first issue is that what we are dealing with here is a question of whether or not these independent political subdivisions can provide ALS services under the county's state approved license as a result of these interlocal agreements. That is very different than units of government agreeing to jointly perform or -- where one performs on behalf of another an authorized function. Because this is not an authorized function under 125.01. This is an authorized function under a state license, which is very different. The other question that is raised in this memo is there's under one of the -- I believe it's under the Florida Interlocal Cooperation Act, the Act addresses where one agency can enter into such an agreement where each agency might be able to exercise those services separately. And clearly in this case that isn't what's happening. Because we have a number of independent districts that would more likely than not, not be approved by the state for independent licensure, which raises a concern. There are other issues in this memorandum but I'm not going to get further into it. On top of that, none of these interlocal agreements that we have with these separate political entities at this point are the same. They're all different. Which creates a question of fairness, equality, with respect to, you know, how the county is farming out its licensed right to provide ALS through these other entities. So I don't believe that we can even enter into these agreements or that the agreements that we currently have can stand. And I'm sure that that issue will come forward in the courts in the future is my guess. The second issue is whether or not the item that was brought before this Board, the extension of the North Naples COPCN to give them the right to apply for the state license and to expend their district to include what is now their district, which is North Naples and Big Page 29 September 22, 2015 Corkscrew, and to suggest that this matter cannot be heard again I believe is also improper, because to do so denies North Naples their due process right, procedural due process, to be able to petition this Board on what is their right. And we I do not believe can procedurally say oh, because it's been heard and we voted it down, they can't come forward again and re-petition to allow them the opportunity to present before the state. I mean, if that's the way business is going to be done, and if the county is going to engage in political road blocking and, you know, specious procedural tactics to compromise public safety, then what I would advocate is that we need to change the law and divest this Board of the ability to control who applies, who has the right to apply to the state for licensure to provide ALS services. So I don't believe we can deny them coming before this Board again. I don't believe we should deny them coming before this Board again to renew their COPCN and for it to encompass their expanded now legally recognized North Naples district, which includes Big Corkscrew. CHAIRMAN NANCE: Mr. Klatzkow, would you advise the Board on your opinion on the validity and the legality of interlocal agreements as they've been used. MR. KLATZKOW: We've been using these agreements for years and years and years and years without any incident. It allows us to enhance public safety with the independent fire districts. It's fine, they're operating under our certificate. They can either operate under our certificate or you can give them a certificate. The event that should the interlocals -- that you can structure it so that each party maximizes the benefits that are given. But they're both fine. CHAIRMAN NANCE: Are interlocal agreements used elsewhere in the State of Florida and the nation for this purpose? MR. KLATZKOW: This purpose, I don't know. Because Collier Page 30 September 22, 2015 County is a little bit odd in that most places have one fire district in their jurisdiction. And because of our development we've had a balkanization of this service so we're a bit odd on this one. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, my intent is so there's not interrupted service. So if there's a majority of the Board wanted to forward this item to the County Attorney and county staff to develop an interlocal agreement, I would hope that you would say what kind of elements that you want in this interlocal agreement. So when it does come back it's something that the Board can favorably consider. Because it would go back and forth. And I don't want to miss that opportunity. You know, when this issue came up at our last meeting, shamefully there wasn't an alternative motion by anybody. It just died. And as far as the comment about re-petitioning, can you imagine if the Board says no how many times a person or a group can repetition the Board for the same thing? We'd be hearing the same thing over and over. And that's why we have the rules that we do. But again, the majority -- or the Board members that voted in the majority are sitting here today. So you have the ability to reconsider it, give staff direction on an interlocal agreement or don't vote on it. That's my comments. CHAIRMAN NANCE: Well, I would like to make just a couple of comments and then I'm going to go back to Commissioner Hiller. My view on this is since the last meeting we had where we had a pretty vigorous discussion on public policy regarding how these services are to be provided, is that really I think the issue before us today is a greater issue, and it goes to whether Collier County wishes to pursue the expanded use of independent licenses or whether we wish to move our portion of how Emergency Medical Services are provided into a consolidated administrative organization. I don't know Page 31 September 22, 2015 that there is any advantage to pursuing the expanded use of independent licenses. I would think that after the number of years it's been told to me that this has been before this Board, the Board continues to say that its goal is to as soon as the fire districts can be consolidated, that EMS be rolled into one unit. I don't know of any service or any endeavor of this level of importance that isn't best considered in a completely consolidated and a coordinated manner. So it's my goal to support that. I believe that Commissioner Henning's recommendation is just a small step in further consolidating what the Board of County Commissioners supervises. And I think in the end it's going to be a very positive step in preparing us to consolidate our entire efforts. So those are just my thoughts. Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: Thank you. To correct the County Attorney, there are many jurisdictions that have multiple fire districts within them, so we are not unique in that regard. You can't do indirectly what you can't do directly. If the state contemplated that interlocal agreements farming out rights under these ALS licenses was permitted, then it would have provided as such. But that's not what the licensing statute allows. There is a reason that the state licenses and has requirements for those licenses that are very clear. And what happened at the last meeting was notwithstanding that North Naples qualified under the requirements of the COPCN standards, this Board politically denied them. What should have happened is the Board should have approved the COPCN for the new North Naples Fire District, and they then would have presented before the state to get approval from the state for licensure. The interlocal agreement is not the solution. What I think North Page 32 September 22, 2015 Naples really needs -- or I should say what I think Naples -- or Collier County I should more properly say really needs is two independent fire EMS districts that have their own state ALS licenses. And really, this attempt to force a merger between districts that are very different is not a good idea. In fact, it goes against the whole notion of smaller government, which is a conservative view. This idea of one massive district is really not in the best interest of the community. The north and the south of Collier County have very different profiles. And it would make most sense if two independent fire EMS districts were created, one in the north and one -- COMMISSIONER HENNING: That's not -- COMMISSIONER HILLER: -- in the south again with their own licenses. COMMISSIONER HENNING: That's not on the agenda. COMMISSIONER HILLER: I understand. I'm commenting on the alternative. Like you said, it's unfortunate at the last meeting an alternative wasn't proposed, I'm proposing an alternative at this meeting. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: As I -- my remarks at the agenda item in the last meeting is consolidation, is really something that I think is very important. Bifurcating EMS services throughout the county doesn't promote that. And I understand that there is some difference of opinion, I understand that there is a -- from what I've been reading in the paper some pretty strong personalization and personality clashes and things that probably belong more in a schoolyard than it is in government. I think we need to look to the future. I really -- I too have looked at interlocal agreements. This is an interlocal agreement. It isn't a beating over the head you're going to do what I want you to do. It's Page 33 September 22, 2015 two sides coming together to work on something in a -- probably initially will be a very distrustful atmosphere, but it can be done. And it can be -- I don't want to use that word, tailored. I was going to use tailored. Tailored is not the word I want to use. But it can work for both sides. And it has worked. Proof of the pudding is what we have here in Collier County and other districts. So I would really like to give this a chance. I think it's very wise going forward and I would like to make a motion to bring this forward. And let me just see what we are asking here. That -- entering into an ALS interlocal agreement with North Naples Fire and Rescue. COMMISSIONER HENNING: Okay. I'll second the motion, but I think we need some staff input on what needs to be in the motion. Leo -- COMMISSIONER TAYLOR: Hear from speakers? COMMISSIONER HENNING: Yes. And after that hear from speakers. What needs to be in this interlocal agreement or in the motion so it's clear what is going to be coming back? MR. OCHS: Commissioner, let me call Chief Kopka up, if you don't mind. I want to make sure we're not missing any of the primary elements of these interlocal agreements. Chief, could you take the Board through some of the components of a standard interlocal agreement and what we might be able to customize? CHIEF KOPKA: Sure. For the record, Walter Kopka, Chief of EMS. Basically we have two different types of interlocal agreements today. One is a swap agreement where we swap personnel. The EMS department does the training for those fire personnel, and we have training liaisons to assist with that training with the fire departments as well. Page 34 September 22, 2015 The other interlocal agreement we have is with the City of Naples. And that's a little bit different. That agreement allows for the City of Naples firefighter to a ride on our ambulance with all patients requiring AL S. And that works well in the city because 93 percent of the patients we transport in the City of Naples goes to Naples Community Hospital. So that apparatus and personnel for the most part stay in the City of Naples. But all the other interlocal agreements we have with City of Marco, greater Naples are swap programs with those interlocal agreements. COMMISSIONER HENNING: May I continue? CHAIRMAN NANCE: Yes, Commissioner Henning, please. COMMISSIONER HENNING: What about medical director? I mean, we'll see if that's going to be a sticking point. In this interlocal agreement, can North Collier provide their own medical director? Or what would your advice be on that issue? CHIEF KOPKA: Well, currently the interlocal agreements use the county's medical director. COMMISSIONER HENNING: Correct. CHIEF KOPKA: And that works very well, because the EMS staff works under the county medical director and all the training is done through that department, and that works well for us. COMMISSIONER HENNING: Well, just thinking about the past and what has happened in the past. What about if they have their own medical director, however they're trained by our medical director's department? And therefore, you know, on the street they have any questions they can call their medical director. CHIEF KOPKA: Well, it is -- everyone falls under the common medical protocol. Therefore the North Collier Medical Director doesn't have a separate protocol, they fall under the county medical protocol. Page 35 September 22, 2015 I would need to put some thought into that, sir, if you don't mind, to see how that would work with two different medical directors under an interlocal. Because we haven't done that in the past, so I would need some time with staff to get back to you on that. COMMISSIONER HENNING: Yeah, that would be my preference, so that, you know, everybody's trained the same so we get the same delivery on the streets. CHIEF KOPKA: Understood. COMMISSIONER HENNING: Yeah, okay. And I think the rub was with our medical director. And I thought maybe that proposal would kind of settle that issue. CHIEF KOPKA: Sir, we're open to input and looking at all different proposals. COMMISSIONER HENNING: Okay. CHIEF KOPKA: And options. CHAIRMAN NANCE: So Chief, the existing interlocal agreements that we currently have would not be limiting as far as setting up an agreement with North Collier that would be acceptable to all parties; is that correct? CHIEF KOPKA: I'm not aware of anything. Obviously legal staff would need to review that, but I'm not aware of anything that would prohibit. MR. KLATZKOW: It's an agreement, okay? Two parties get together and they try to form an understanding to enhance public health. If you want two medical directors, you can do that. It's two sides getting together and how can we best serve our citizens. CHAIRMAN NANCE: Thank you. COMMISSIONER HENNING: Okay, that's all I have. CHAIRMAN NANCE: Does that answer all your questions, Commissioner Henning? COMMISSIONER HENNING: It answers all the questions. Page 36 September 22, 2015 And I'm sure the motion is going to be enhanced or changed, however you want to put it, after hearing from the public speakers. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: Mr. Chairman, we have four registered speakers for this item. Your first speaker is Chuck Bacon. He'll be followed by Chief Rita Greenberg. MR. BACON: I'd like to waive my time to Chief Orly Stolts. MR. MILLER: I'm sorry, you're ceding your time to? MR. BACON: Chief Orly Stolts. MR. MILLER: All right. Then Rita Greenberg. CHIEF GREENBERG: I waive my time to Chief Stolts. MR. MILLER: Okay Mr. Stolts -- Chief Stolts. CHIEF STOLTS: Good morning, Commissioners. Before the Collier County Board of Commissioners votes on directing County Manager and County Attorney to develop and forward an interlocal agreement to the district to be brought back prior to the expiration of the district's COPCN, I would like to make a couple of following comments. I'm glad my partners out here waived the time to give me a few extra minutes. Following your September 8th, 2015 denial of the district's COPCN expansion renewal application, the district's Board of Fire Commissioners directed staff on September 10th to resubmit the COPCN expansion and renewal application to include both the North Naples Service Delivery Area and the Big Corkscrew Island Service Delivery Area. The renewal application will be submitted prior to October 1st in accordance with the county's ordinance on emergency medical services, which allows the application for a COPCN for ALS non-transport services. Rather than requesting straight renewal of its existing ALS Page 37 September 22, 2015 non-transport service area, the Board of Fire Commissioners made the decision to enter all of the residents of the entire district for ALS services from the district's highly trained paramedics, or the district would not be able to provide such services. The Board of Fire Commissioners refuses to allow to continue the disparate ALS services within the Big Corkscrew Island Service Delivery Area when its proposed COPCN application would have resulted in three times the increased level of service of personnel within the Big Corkscrew Service Delivery Area. The Board of Fire Commissioners is also having a special meeting on the COPCN tomorrow in which the attorney was requested to attend so that she can present all the legal options related to the denial of the district's COPCN. There will be no guarantee that the Board of Fire Commissioners will approve an interlocal agreement with the county that requires the district to operate under the county's license and the county's medical director. I really don't know what they're going to do on this one. I know they were very upset with the outcome of the COPCN application from two weeks ago. Since there are several new county commissioners, I would like to give a brief overview of what led to the district seeking and receiving its own COPCN prior. Prior to 2011, exactly from year 2000 to 2011, which was 11 years of working under an interlocal agreement, it's been tried, the district worked under the county license and Dr. Robert Tober. However, the county's medical director accused the district's paramedics and EMTs of cheating on exams; the decertification of all districts' paramedics and EMTs so they could no longer practice; he removed medications that the district could no longer use without notice; refused to approve the district's paramedics and the EMTs educational credits needed for their licensing in the State of Florida; he Page 38 September 22, 2015 had sent to the State of Florida direct quality assurance cases alleging malpractice by the district's paramedics and EMTs, harms purpose for Q and A process; misused medical data in an effort to malign the character and the expertise of the district's paramedics and EMTs; and he continued to condemn the district's paramedics and EMTs continually. The district determined that it would no longer operate under the county's license. Over the last four and a half years there has been a positive relationship between the county and the district related to the provision of ALS non-transport services. However, it appears that the district's request to expand the service of all of the district's residents has caused the past behaviors to resurface. Since receiving our COPCN and our state license to provide advanced life support non-transport services, in February of 2011 the district has never been disciplined by the State of Florida. This is not the case for Collier County EMS. Just over three months ago the State of Florida imposed obligations on the Collier County EMS system due to violations of state license. In addition, the State of Florida fined Collier County EMS in 2014 and 2015. I'm not bringing this up to malign the Collier County EMS. We have had a great working relationship with them since 2011 and we would love to have this relationship continue. They are highly competent personnel, they provide a great deal of service here in Collier County. However, these licensure causes are something that the Board of Fire Commissioners will have to consider. Why would a district want to operate under an agency's license that has been in trouble with the State of Florida three times in the last three to four years? The current system of the district having its own COPCN has worked for more than four and a half years. The district is always Page 39 September 22, 2015 open to improvement; however, trying to force the district back into the process that did not work before may result in putting lives at risk. As of midnight, December 31st, 2015, the district will no longer be able to provide advanced life support non-transport service within its North Collier district. This is a little more than three months from now. Even if the district was inclined to enter into an interlocal agreement, there may not be enough time to negotiate and approve the agreement. Both local governments governing bodies would have to approve the interlocal agreement. Our district would have to impact bargain the new agreement with its firefighters. The prior agreement did not work, so I could foresee a substantial change being requested by the district. If an interlocal agreement was agreed to, the county would then be needed -- the county would then need to approve an amendment to the Collier County EMS license and seek state approval to add the district's 18 ALS non-transport vehicles under the county's state license. This task is time-consuming and we may not have that much time. Has the county considered what happens if the district refuses to approve an interlocal agreement? At its own budget meeting staff confirmed that there would be an impact to the Collier County budget if the district no longer provided advanced life support non-transport services. There would also be a disruption in service as the county's EMS personnel has been deployed in other areas and would need to be redeployed within the North Naples Service Delivery Area. As to EMS being a carrot as a factor to consolidate the independent fire districts, it may not be an incentive. At least for a fire district. As a reminder, independent fire districts can only levy a tax that has been previously approved by referendum. Currently EMS is currently running at a $13 million deficit. The county must Page 40 September 22, 2015 supplement the operations with enough money as it not receives the appropriate transport fee payments (sic). Depending upon the yearly amount needed, there may be insufficient fire district ad valorem taxes to pay it and make up the difference of the lost revenue. Before voting on this, I respectfully ask the Board of County Commissioners to reconsider the prior vote of the district COPCN expansion and renewal application, with only three months to resolve this issue before the district COPCN license expires, and there's just not enough time and there could be substantial impact to the residents. If this is something that you want to address, then it may be beneficial to approve the district's expansion renewal application so that we have the remainder of this year and all of 2016 to properly resolve the issues. We may not come to an agreement on how to proceed, but we would ensure that there would not be a disruption to the service of the public. I thank you for your time. CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah, Chief, don't go away. Jeff, the petition for a COPCN was denied. Can they come back and petition the Board for the certificate again? MR. KLATZKOW: If they amend the application, they can. But the reality about the reconsideration is that the purpose of it is so that a minority doesn't come back and back and back again when the majority has spoken. COMMISSIONER HENNING: Right. MR. KLATZKOW: All right? And there are three commissioners that I see right now that voted against it. It's a waste of time. Now, if they come back in with an amended application can they do that? Yes. I don't know if they want to come back with an Page 41 September 22, 2015 amended application, what the amended application would say, but that would be a different item. But if it's the majority of this Board not to grant the COPCN, it would be a very quick motion. COMMISSIONER HENNING: Yeah, Chief, so you're saying you're going to recommend to your board not to do ALS within your service area under an interlocal agreement? Is that what you're saying? CHIEF STOLTS: That's not what I'm recommending. It's what my fire commissioners voted on the other night. COMMISSIONER HENNING: My item on the agenda, are you saying that you're going to recommend to your fire commissioners not to enter into a local agreement, interlocal agreement for advanced life support? CHIEF STOLTS: No, sir, that's not what I said. COMMISSIONER HENNING: Okay, I just want to make sure. Now, the two municipalities and the independent fire districts don't have a problem with our medical director. However -- CHIEF STOLTS: You would have to ask them that; I'm not going to speak for them. COMMISSIONER HENNING: Yeah, that's a statement. Based upon history. However, North Collier or North Naples does. Based upon history. So if we forward an interlocal agreement to North Collier that you would have your own medical director, is that acceptable? CHIEF STOLTS: Commissioners, I think you need to refer to the state statutes on that. It's very clear that if we were working under the county's license, if you will, we will be working under the county's medical director. That's why we went out and got our COPCN from you all five years ago, of which we applied three months after we were denied the first time we reapplied and got it the second go-around. Page 42 September 22, 2015 But that's the reason we went out and got our own COPCN. We got our own license in the State of Florida. We are obligated to have our own medical director. And that's what we've done. COMMISSIONER HENNING: Well, you can have Dr. Tober as your own medical director. CHIEF STOLTS: We could have, yes. COMMISSIONER HENNING: But it's the conflict with Dr. Tober, okay. So how do we get around that? Besides the COPCN which was denied by the Board. How do we do that through interlocal agreement? CHIEF STOLTS: That would have to be something we negotiate through -- if you want to talk about an interlocal agreement, we'll have to talk about that. COMMISSIONER HENNING: Okay. CHIEF STOLTS: Right now my board has directed me to reapply for the entire North Collier Fire -- COMMISSIONER HENNING: You have an emergency meeting, what is it, tonight or tomorrow night? CHIEF STOLTS: Tomorrow night. COMMISSIONER HENNING: Tomorrow night. To discuss this issue. CHIEF STOLTS: To discuss legal options. COMMISSIONER HENNING: Okay. I thought you wanted to provide service. So what's in the union contract that prohibits to provide ALS through an interlocal agreement? CHIEF STOLTS: We would have to impact bargain with our local on the change of what we have today. Currently today they are working under our medical director, they are testing under our medical director's test and under his training. If we went into an interlocal agreement and became (sic) another medical director, we would have Page 43 September 22, 2015 to impact bargain that with our local. COMMISSIONER HENNING: Okay, so it's in their union contract that North Naples, I would say, provide their own medical director? CHIEF STOLTS: It's not in the union contract, sir. COMMISSIONER HENNING: What's in the contract that would prohibit an interlocal agreement? CHIEF STOLTS: All unions have the ability, and our union specifically that we're talking about here has the ability to impact bargain the change in working conditions. And this would be a change in working conditions. COMMISSIONER HENNING: Okay. Is there anything in the bargaining agreement that prohibits for the county to do -- county medical director to do the testing? CHIEF STOLTS: For the county medical director to do the testing? COMMISSIONER HENNING: Yeah, for ALS. CHIEF STOLTS: No, there would be nothing -- in our contract we do have all testing for all ranks, including paramedics and things like that. Credentialing is all outlined within our union contract for the North Collier Fire District. We have our own credentialing process. We're the only agency that I'm aware of that has to re-credential all of our EMTs and paramedics every two years. I don't think any other department in Southwest Florida that I know of that have that kind of a requirement. COMMISSIONER HENNING: What about swap? Is there any prohibition within that? CHIEF STOLTS: That once again would have to be negotiated, if you wanted to talk about an interlocal agreement, in my opinion. And we've been into a SWAP program, like I said, for 11 years. It's absolutely useless and ridiculous. Page 44 September 22, 2015 COMMISSIONER HENNING: Okay. What about ride along? CHIEF STOLTS: You can ride along in my firetruck any day you want. COMMISSIONER HENNING: What about the ambulance? I mean, what about when a patient is transported to the hospital, is there anything in there that prohibits that? CHIEF STOLTS: Sir, we've gone -- in the last four and a half years, we've rode in with a Collier County ambulance nearly 2,000 times with our firefighter paramedics in the back of your ambulance doing the best patient care possible. COMMISSIONER HENNING: Okay. Well, I just want to know that, so when staff brings hopefully depending on the -- if the motion passes, just an understanding of how to make it happen. CHIEF STOLTS: Understand. COMMISSIONER HENNING: That's all. That's all my item is, is to provide the same as everybody else with special conditions that need to make it happen. CHIEF STOLTS: In my opinion I think we're taking the lowest common denominator to bring North Naples down to that so everybody in the county can be treated equally. I would hope that the rest of the county would come up and give the level of service that we provide. COMMISSIONER HENNING: Whoa. Okay, well, I know you're the best, there's no question about it. I've heard that. CHIEF STOLTS: Thank you. MR. MILLER: Mr. Chairman, I do have one remaining public speaker. CHAIRMAN NANCE: Would you like to hear the public speakers, ma'am? Let's -- COMMISSIONER HILLER: Sure. CHAIRMAN NANCE: -- hear the remaining public speaker and Page 45 September 22, 2015 then we'll go to Commissioner Hiller. MR. MILLER: Paul Anderson. CHIEF ANDERSON: Hi, Paul Anderson, Immokalee Fire Control District. I've been directed by my board of commissioners to again address the County Commission in support of North Collier's expansion of their COPCN. It not only benefits North Collier, it does have a direct benefit to Immokalee Fire Control District if their units are all advanced life support. It increases the number of advanced life support units in the system more than currently is in place. I've heard a lot of talk about wanting one system so the EMS system is not fragmented. But I have a unique ability to see things as an outsider, having been here less than three years. And what I see is an EMS system that was created to be fragmented by various interlocal agreements. You have at least three different interlocal agreements where one fire department can carry these drugs, this fire department is not allowed to carry certain drugs, and they're operating under the same protocol but they're not allowed to have the same resources in medications. One is required to ride in with the ambulance, which to me is a waste of resources. If they're operating under the same protocol, one paramedic should be able to transport the patient to another paramedic who transports to the hospital. There are certain situations where it needs two paramedics to ride in for the care. That's the minority of situations. But people want to talk about a fragmented system, you are able to have a seamless EMS system with multiple agencies. I came from a county where there were 14 fire and emergency services agencies, all providing advanced life support, all providing EMS; different agencies under one medical director. Actually, under Page 46 September 22, 2015 two medical directors, because The Villages had their own but operated with the same protocol and the same system. Also, Statute 401 and 64.J of the Administrative Code govern Emergency Medical Services including medical direction. So without their own COPCN north would not be able to have their own medical director. They could work under Dr. Tober. If their medical directors -- if they wanted their directors to participate, Dr. Tober would have to agree to allow them to be associate medical directors. They operate an excellent system, they have great quality control, they have meetings monthly. The county's medical director -- I've been to many of their meetings, I've never seen the county's medical director there who 64.J says is supposed to be a liaison with local EMS providers. Thank you. CHAIRMAN NANCE: Thank you. I would like to make just one comment, then I'm going to go to Commissioner Hiller and back to Commissioner Taylor. I think in fact -- thank you, Chief, for your remarks. I think in fact what we have seen in setting up the varied interlocal agreements we have is proof positive that our system of providing service in Collier County is being arranged and being designed by the agreement of professionals. I think we have professionals throughout all of our independent and our dependent fire districts that have made great contributions to this discussion in the last couple of years. Just based on what has occurred recently, including numerous referenda of the public who have indicated that they would like to see us go forward with a consolidated and coordinated system, if you would have said we would have been able to achieve what has been done by our professional -- by professional Emergency Medical Services providers was possible, everybody would have scoffed at it. And I think it's an insult to those who have come so far and worked so hard, including North Collier and all the other groups that Page 47 September 22, 2015 have worked together to overcome the impediments and the difficulty of consolidation. I don't want to disrespect what that represents and the achievement, the great achievement that I personally consider that to be by doing anything that's going to be an impediment to going forward. I believe putting everyone under interlocal agreements is a common administrative maneuver that is going to encourage the fire districts to go forward. I don't think we're forcing anybody to do anything. But I think even treatment on them is the first step in being able to continue to move forward. Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: The attempt to veil this issue by saying that this is about the medical director is completely inappropriate and not even close to the truth as to what the real issue is. The real issue is that the level of service in Collier County is inadequate to save lives. The real issue is, is that Collier County EMS is inadequately funded to provide the level of service that is necessary to save lives without fire being part of the equation. There is no solution by changing the name of the medical director to this problem. These interlocal agreements are in question. Besides the fact that they are not the same for every district, we have issues within these agreements that raise concern. Who's responsible for what? Who ultimately pays if a provider is negligent? Who will support that injured family who lost the life of a loved one? If you look at the interlocal agreement between the county and the Golden Gate Fire Control Rescue District, under Section 6, resolution of conflicts, it states that the county will have jurisdiction of medical issues concerning appropriate patient care and that Golden Gate will have jurisdiction of fire rescue issues concerning operations and safety. So what happens if you have a Collier County paramedic working under a Golden Gate supervisor on a Golden Gate truck? What Page 48 September 22, 2015 happens if you have a Golden Gate firefighter who is also a paramedic providing ALS paramedic services on a county truck and they get injured? This agreement goes on to state in section -- I believe, let's see, is it 7.2? No, sorry, it's Section 8.3 that each entity will hold the other entity harmless. Really? Really? So who's going to pay for what, the county or Golden Gate? And on behalf of whom and why? I mean, that's just one small issue. The bottom line is whether or not these interlocal agreements can even be contemplated, and it doesn't matter that the county has been doing this for years. No one has raised the question. And until the question is raised and the courts provide an answer, we don't know that we can legally do what we're doing. I think we have a very serious issue here. I think the public safety is being wrongfully compromised. We had a district come before us which is now the consolidated North Naples Big Corkscrew District. They presented evidence that showed that they qualified for a COPCN, that they should have been granted the right to apply to the state for licensure to provide ALS services to a community that needs it. They need it. They were wrongly denied for political reasons. They were not denied based on fact. It was an arbitrary and capricious decision, and it should be challenged. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I have a very different view of all of this. I really feel that this is an opportunity, that we need to get out of the miring of the past and put steps forward into the future for the good of the community, the good of the taxpayers, the good of the citizens, the good citizens in Corkscrew and North Naples. I believe in possibilities. I don't believe in the past. I think we have to keep open. I really like the idea of a negotiation of an Page 49 September 22, 2015 interlocal agreement. I think that cooler heads will prevail. And I'm very positive on this. We can get mired in suits and countersuits and threatening this and threatening that, but that does nothing but keep us mired in chaos, and that's not what we need. We need to come to a solution, we need to know if we can do this, and we need to start now. CHAIRMAN NANCE: Commissioner Henning, I'm going to -- this is your item, I'm going to let you have the last word, sir, and then I'm going to call the question. I do have a concern. You know, the next item that I brought forward actually is considered to address some of the things that Commissioner Hiller has actually brought forward. And I do agree with her, there are a number of issues that we need to attend to. I do not, however, think -- and the reason I'm going to support the motion is I do not think that expanding or extending independent licenses is going to address any of those. So sir, I'm going to let you have the last word. I'm hopeful that our interlocal agreement addresses the Big Corkscrew Island issues that have been discussed in the public. And I hope everybody pays attention to that as North Collier is expanding their -- is consolidating that fire district. I'm very concerned about that. But Commissioner Henning, please. COMMISSIONER HENNING: Yeah, the reason that the certificate was turned down was not political. It was based upon facts. The political grandstanding that's taking place now is preventing the North Naples residents from having ALS service. And I hope that the fire commissioners of North Collier would see that if they want their firefighters to provide an extra benefit, a true benefit to the citizens that they serve, is to consider the interlocal agreement. If you decide to sue the Board of Commissioners for its action, it is what it is. However, it does not prevent from negotiating an Page 50 September 22, 2015 agreement to provide that type of service. That's all I have to say. CHAIRMAN NANCE: All right. There's a motion and a second. Any further comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed, like sign. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: The motion passes 3-1. MR. OCHS: Mr. Chairman, you're past due for a court reporter break. CHAIRMAN NANCE: Yes, sir, we will stand in recess until let's say 11:00. MR. OCHS: Then you have a time certain at 11 :00. CHAIRMAN NANCE: Then we have a time certain at that time. Thank you. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN NANCE: Please take your seats. Commissioners, we have to gather up here. Mr. Ochs, I believe this takes us to our 11:00 time certain? Item #11A RECOMMENDATION TO REVIEW AND APPROVE THE PROPOSED COLLIER COUNTY 2016 STATE LEGISLATIVE Page 51 September 22, 2015 PRIORITIES — MOTION TO APPROVE STAFF'S RECOMMENDATIONS WITH ADDITIONS TO THE DRILLING BILL — FAILED; MOTION TO APPROVE THE LIST OF LEGISLATIVE PRIORITIES — FAILED; MOTION TO APPROVE ALL LEGISLATIVE PRIORITIES EXCEPT ITEM #1 RELATED TO DRILLING — APPROVED; MOTION TO APPROVE ITEM #1 AND STAFF TO BRING BACK ON OCTOBER 13TH FOR THE BOARD TO REVIEW CONCERNS — APPROVED MR. OCHS: That's correct, Mr. Chairman. That's Item 11.A on your agenda this morning. It's a recommendation to review and approve the proposed Collier County 2016 state legislative priorities. Mr. Durham will take you through a brief overview. MR. DURHAM: Tim Durham with the County Manager's Office. Commissioners, just for the public's benefit, on September 10th we had a workshop where we went through the Board's legislative priorities in explaining the items, and you gave us direction to add some additional information which we've provided in your backup material. So if I may, I'm just going to take a couple of minutes and do a quick preview of your prioritized legislative priorities. So number one is inland oil drilling and fracking. And there's new development of course in that particular area. Late last week you were sent versions of House and Senate bill including Senator Richter's bill, which is Senate Bill 318, which I'll circle back to in a minute. Item number two is human trafficking. And basically in 2012 there was legislation introduced addressing human trafficking, but we are seeking additional support for the legislature regarding victim services and coordination. And if I may, Sheriff Rambosk is here and he'd like to briefly Page 52 September 22, 2015 speak on that specific item. SHERIFF RAMBOSK: Good morning, Chairman, members of the Commission. Just briefly, human tracking continues to be a growing problem, particularly in our area and throughout the nation. Earlier this year we had an opportunity through Sergeant Williams to give you an overview on what we're facing and what we think would be important and necessary for our continuing move forward. And Sergeant, thank you very much for a great overview. You know, it's all about money. It's organized crime. It's criminal activity. And from our perspective, number one is investigation and prosecution of those who are involved. Number two, and that's kind of where we're going today, is rescuing victims and making sure that once we're able to rescue them, because as you might remember, we have substantially rescued a number of victims this year. We need to get them the support, the substance support, the trauma support, the things that will get them back to a life of normalcy. So with that said, thank you for considering this as one of your priorities. I would request that you support that and move forward with your others. Thank you. CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you very much, Sheriff. And thank you very much. We really appreciate all you're doing on this issue. I would like to say that one of our objectives obviously is communication, because in order to rescue these victims it's extremely important that the public be educated. And we've passed an ordinance, as you know, that actually is having its final reading today and will become law at the beginning of the year to post notices in emergency Page 53 September 22, 2015 rooms, strip joints and massage parlors. And what I would like to see that we do is expand our initiative beyond looking for funding for victim support and to create that statewide database and communication network to also working to expand that list. Because as of right now we are limited by what the state statute provides, which is only those three locations. And we just had a human trafficking task force seminar where one of the U.S. prosecutor's put forward a list which was far more extensive, and I believe that those locations that she identified are necessary. So I think that we need to add that as one of our objectives. And then we will keep our local ordinance as it is now and hopefully this session they will amend the statute to add the additional locations. And I will be getting that list from Wade, because he has it. And then we can use that as the template to carry to the legislature. SHERIFF RAMBOSK: I think awareness is a critical next element of where we're headed. Engaging the residents of our community, the businesses in our community who would first see or believe that something like this might be occurring, and for them to get ahold of us so that we can get in and take care of that I think is critical. I was in a conference in the State of Georgia and I happened to be riding to the conference in an elevator, and they have posted in their elevators information about human trafficking, how to identify it, who to contact if they believe that's occurring. So we are going to be moving forward substantially with -- COMMISSIONER HILLER: That effort. SHERIFF RAMBOSK: -- awareness information. COMMISSIONER HILLER: Yeah. And that is absolutely critical. We need to expand where we have these signs posted. And that's the objective of the modification of the statute that was just passed the last session. The other thing is I'd like to ask the Board's support to that end Page 54 September 22, 2015 that we allow the County Manager to have a tab on our website, and if we could coordinate with the Sheriff to link to his website and where he has information on human trafficking posted, and that that tab as part of the informational effort will also include a list of the phone numbers of the organizations that are involved in the fight against human trafficking to begin with the nonprofits, like for example the shelter and child advocacy, and then going up to the Sheriffs Office and then to the FDLE and to the various state prosecutors that are involved so that all numbers are available for the public to be able to call, including that hot line number, which is key, because that provides anonymity to anyone reporting what information they have. CHAIRMAN NANCE: I think that's a great idea. COMMISSIONER HILLER: Thank you. SHERIFF RAMBOSK: With your concurrence, we will make that happen. COMMISSIONER HILLER: We really would appreciate that. Is that all right with the Board? Thank you. COMMISSIONER HENNING: There's already a link on our website. To all the constitutional offices there's already a link. COMMISSIONER HILLER: That's not the point. We want something different. We want it to have (sic) that's labeled human trafficking that explains what the crime is, that provides information on how to reach these different organizations and that will link to the Sheriffs website where human trafficking is specifically addressed. And Wade Williams has been working with their human trafficking team on developing that. And they've even gone further than that. The Sheriffs Office has put together a card which is like a -- like a rack card, if you will. It's a reference card that, you know, defines what human trafficking is statutorily and what the markers are practically as well as, you know, the contact information and, you know, what to do when you identify a Page 55 September 22, 2015 victim. And it's very well done. So thank you. MR. DURHAM: Thank you, Commissioners. Tim Durham again. Picking up with item three on the legislative priority list is continued effort with bike and pedestrian safety, working with Billy Hattaway, the Secretary of District 1 of the Florida Department of Transportation. Item number four is funding to continue the good work of IFAS. The county's requesting $3.5 million to continue supporting the good work that's done by that organization. Number five, economic development. Which the request is legislative support for 3.5 million divided between the Immokalee accelerator and the Naples accelerator. And $2 million for health and life science research and work also in the -- mainly in the eastern part of Collier County. Item number six is Uber. And we're requesting that the legislature maintain and respect our home rule authority. And number seven, which is a new item that was at the request of the Clerk, it's Article 5, but it's to request that the legislature fully fund the court system. So in addition to those seven priorities, with the seventh one being a new one, we also are seeking funding support for four very good water projects in the community. A continuation at Naples Park. We succeeded last legislative session in getting funding for Phase I. We're looking to move to Phase II at $1.65 million. Stormwater improvements in Golden Gate City, it's $700,000 is the request. The Griffen Road area, which actually encompasses more than Griffen Road, but a little bit broader portion of that community, $750,000 for improvements there. And then finally our final water project is improvements, repair Page 56 September 22, 2015 and replacement of the Haldeman weir at $500,000. And so we have the seven priorities, the water projects and then a number of items that we're keeping a close eye on going forward. Additional information that was provided to the Board based on the workshop was a review of the 18 recommendations between the county and FDEP regarding drilling. And we do have staff available to explain any of those, if the Board so desires. We also addressed the slides provided by The Conservancy on their legislative priorities and a staff response to those items. And there was -- a breakout has been provided in the economic development area showing how the funding is to be allocated among the accelerators in the health science project. And with -- if the Board would so desire, one of the new developments is Senate Bill 318. If you'd like me to briefly review or if you'd wish staff to address some of those other issues or go to speakers, whatever the Board's pleasure is. CHAIRMAN NANCE: Let's go to Commissioner Hiller, and if you'd just stand by, Mr. Durham. MR. DURHAM: Yes, sir. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I just want to clarify the item with respect to the courts. What the Clerk is doing is looking for funding for the Clerk's Office. At the workshop that was expanded by us in discussion, because the issue isn't just the Clerk's Office. I mean, overall the court system is underfunded. Our prosecutors and defense attorneys are really underpaid for the service they provide. Our court administration is underfunded for its operations. And so it's -- well, while the Clerk's initiative is for the benefit of the Clerk, what we are supporting is exactly what you said which is funding for the court system as a whole. For, you know, the judges, the prosecutors, the defense attorneys, the court administrators and the Page 57 September 22, 2015 Clerk. MR. DURHAM: Yes, ma'am. COMMISSIONER HILLER: And I just wanted to clarify that, that we've expanded our -- because we recognize the importance of the justice system. MR. DURHAM: Absolutely. Mr. Chair? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Did you want to talk to us about that bill? MR. DURHAM: I'd be more than happy to, to give you a brief overview of the bill, if you don't mind. Late last week -- CHAIRMAN NANCE: Mr. Durham, let's do one thing here, because I'm concerned we have so many interested citizens in attendance. I want to try to understand -- Mr. Miller, how many public speakers do we have signed up for this agenda item? MR. MILLER: 21. CHAIRMAN NANCE: 21. Okay. Of the 21 people, how many of them wish to address inland oil drilling and fracking? MR. MILLER: I would say pretty much 95 percent of them. CHAIRMAN NANCE: 95 percent of them. Okay. Now, if we have 21 times three, that's an hour of public comment. It's clear to me that we're not going to finish this agenda item before our noon break. Perhaps if we could address the other items and the public speakers that wish to speak to items two through six or two through seven and then we can fully engage the inland oil drilling and fracking issue and get the summary from Mr. Durham. Is that acceptable to the people in the audience? Would you like to do that? MEMBERS OF AUDIENCE: No. CHAIRMAN NANCE: What would you like to do? Page 58 September 22, 2015 COMMISSIONER TAYLOR: They need to be heard and go. UNIDENTIFIED MEMBER OF THE AUDIENCE: Start now and keep going. COMMISSIONER HILLER: I want to hear what he has to say first, because I want to get that out of the way. COMMISSIONER HENNING: We're going to take a lunch break, I hope. CHAIRMAN NANCE: We're going to take a lunch break at 12:00. COMMISSIONER HILLER: I just want to hear what I asked before you get into this, because I want to conclude his -- CHAIRMAN NANCE: Commissioner Hiller, please. COMMISSIONER HILLER: Yeah, before we start with the public speakers, I absolutely want to hear about the bill, you know, that you were going to present, because I want to make sure we get that out of the way, that if any of the speakers -- and I don't know what order anyone's going to speak in -- if they want to address what you're saying, that they have the opportunity to as well. MR. DURHAM: Yes, ma'am. Happy to do so. And the County Manager just reminded me that the bill filed by Representative Rodriguez is identical to the bill that Senator Richter has filed, Senate Bill 318. Nick, if you could put that up for me. Okay, what I'm going to do is just give a brief preview of Senate Bill 318, talk about some of the main features of the bill and things that have changed since last year's submission by the Senator. And I should note, at the workshop I think the Board gave staff pretty salient direction that -- we lost out last year. There was an opportunity last year to have the bill and to start regulating this activity, and we lost it. And the greater prize is to go ahead and get the ball rolling on that. Page 59 September 22, 2015 So if you will, let me just explain some of the key features within the bill. One of the first things in the bill, there is a strong and broad preemption provision in this bill that preempts local ordinances and regulations. It does provide for an exception for lawful zoning ordinances that were passed prior to January 1st, 2015. In staffs review of the bill, that was one area that we do have a little bit of a concern. I'd be happy to go into that a little bit further. The Senator, in defining high pressure well stimulation, corrected what was perceived as a defect in the bill during the last session, took out the threshold of the 100,000 gallons that was in the prior version of this. That is now gone and you have a fairly broad definition of this particular activity. There's robust rule-making in the bill, including bond requirements. There's robust inspections looking at the various phases of drilling activity in which the person performing the operations, the entity, has to abide by, those inspections. One thing of particular note that kind of jumps out in the bill is if a potential driller has a history of past violations, even if those are out of state, they may be denied a permit outright or have to post an extraordinary or an enhanced bond. So that's again a pretty noticeable feature that's in this particular bill. There is a moratorium on high pressure well stimulation activity until the FDEP adopts the rules that are going to govern this activity. Conventional oil exploration and drilling continues while that's taking place. There's a study required that has to be peer reviewed, and funding for $1 million to accomplish that study. Civil penalties have been enhanced in this year's bill. And commissioners, that is kind of just a broad overview of the more critical points in the legislation. Page 60 September 22, 2015 MR. OCHS: Can you touch on inspection as well. MR. DURHAM: Yes, sir. There's a couple places where the bill talks about inspection. The Manager would like me to just briefly go over that. Nick, it's on Page 18 to 27 is the first time that inspections are mentioned. It's down at the bottom of the page. In addition to a general requirement to do inspections, there's some very specific activities that must allow inspection, and they're kind of itemized in the bill. But it talks about doing the installation, in cementing a casing, doing the testing of blowout preventers, doing the pressure testing of the casing and casing shoe, doing the integrity testing of the cement plugs, and in plugging and abandonment operations. Now there is quite a bit in the bill also that addresses the issue of what happens at the end of this process when wells are to be closed. And there is a pretty strong inspection protocol. Now, that is in the permitting aspect. But there's also another inspection section. One minute, please. MR. OCHS: Before you leave that section, Commissioners, the area that's not underlined there, beginning with line 516, I think, is instructive as well. It requires the department to issue a specific permit for each high pressure well stimulation activity. And it also does not permit -- excuse me, it does not prevent inspection by the division personnel, FDEP, at any time. COMMISSIONER HILLER: Is that in addition to what -- is that new or was that there all along? MR. DURHAM: That was there, ma'am. COMMISSIONER HILLER: That was there, okay. MR. OCHS: That was there. But then they go on to talk about -- MR. DURHAM: Some very specific -- MR. OCHS: -- specific times where they shall be there for Page 61 September 22, 2015 inspection. COMMISSIONER HENNING: Also chemical disclosure. MR. DURHAM: I'm sorry, yes, very important point. COMMISSIONER HENNING: Very important. MR. DURHAM: Thank you, Commissioner. There is a chemical disclosure requirement through something called FracFocus that requires both during the permitting phase and is a catchall should something be introduced into the well later on in the process of posting the chemicals on FracFocus which will be available on the FDEP website. Now, I'd be remiss if I didn't mention just one other piece with that. There is a component of this that deals with business proprietary information or trade secrets. So frankly, I can't tell you how that would all work out, just the general -- Florida law protects trade secrets and business proprietary information. The owner of the information making a claim that it's -- the chemicals would be protected through the trade secret process is protected under the Florida Sunshine Law and it's exempted and confidential. To overcome that, the person wanting to see the information or the requestor would have to file an action in the circuit court to have that. And a judge would ultimately make a determination whether or not it's part of the business process and it can or cannot be released. And thank you, Commissioner Henning, I should have -- the disclosure is a pretty big deal. And with that, that kind of concludes the --just my introductory comments. If you want to go to speakers? CHAIRMAN NANCE: Commissioner Taylor. And then if the Board pleases, we'll begin public speakers. COMMISSIONER TAYLOR: I want to commend you, Mr. Durham, on this. This is a very clear and wonderfully organized way of reviewing where we are and what we're planning on doing and what Page 62 September 22, 2015 we've done before. But I would like to ask you some questions on your Collier County 2015 state legislative priorities inland oil drilling recommendations, that chart that was in with this. And it's a horizontal chart, so I'll wait for a minute, with our agenda package. There are not very many, maybe four or five requiring legislation under fracking requires legislation. And I just needed to have you tell me whether or not the legislation in 318 covers those areas, please. MR. DURHAM: Yes, ma'am. And what I'm going to do is I'm going to turn it over to our subject matter expert on this specific piece of it and that's Bill Lorenz. MR. LORENZ: Yes, thank you, Tim. Let me just get the numbers. The legislation that we're saying is needed for items number six, 12 and 15 and are indeed addressed in the legislation. Number six is concerning the pressures, number 12 is the chemical disclosure statement and 15 is the posting additional bonds. COMMISSIONER TAYLOR: And what did the bond increase, from what to what, 10 to 25,000, is that it? MR. LORENZ: I don't recall that detail. UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes, 10 to 25. COMMISSIONER TAYLOR: Is that per day? MR. DURHAM: There's a couple places where there's revisions. And one of them, when examining past violations, the bond can be increased fivefold. Now, there is a portion where it talks about a civil penalty that was previously $10,000 I believe per incident. That's been moved to 25,000. COMMISSIONER TAYLOR: Per incident? MR. DURHAM: I believe so, yes, ma'am. COMMISSIONER TAYLOR: I don't know how my colleagues Page 63 September 22, 2015 feel but I -- MR. DURHAM: And that's on Page 23 of the bill. COMMISSIONER TAYLOR: I'd like that increased. But okay. And so then the only one that isn't addressed is the number one? Or it seems like it has been addressed. MR. LORENZ: Well, number one is somewhat of a very broad catchall recommendation, so we think that everything is covered there. And to the degree that the other ones are not covered in the fracking, the proposed legislation, we did have a very good set of meetings with DEP to take the other recommendations and incorporate them into their existing permitting process. They feel that they have the existing legislation and rule-making authority to put those in the existing permitting process and then also provide county staff the ability to review the proposed permits. COMMISSIONER TAYLOR: Okay, and that's fine. That's all I needed to ask. Thank you. I'd like to hear the speakers. CHAIRMAN NANCE: Okay. You'd like to hear the public speakers? Mr. Miller, let's begin. MR. MILLER: Mr. Chairman, I would ask the public speakers to use both podiums so we can expedite the process, please. Your first speaker is Ray Judah. MEMBERS OF AUDIENCE: He left. MR. MILLER: Commissioner Judah did have to leave. So your first speaker will be Dr. John Dwyer. He'll be followed by John Heim. MEMBERS OF AUDIENCE: John Heim's not here. MR. MILLER: Then Dr. Dwyer will be followed by Dr. Karen Dwyer. DR. JOHN DWYER: Thank you. Page 64 September 22, 2015 Although you say that your top priority for the year is inland oil drilling and fracking and that you request the assistance from the legislative delegation to improve and strengthen state rules and regulations governing oil drill, you nevertheless would have us subscribe to two very bad bills. You say that you support maintaining the integrity of home rule but give it up. You currently have two good tools to use to protect us, zoning and land use. If you give our rights to the state and trust the DEP to regulate oil and gas in Collier County, you commit a grave folly. We have seen the DEP will not, cannot protect us. Senate Bill 318 says that it preempts the regulation of all matters relating to the exploration, development, production, processing, storage and transportation of oil and gas, declaring existing ordinances and regulations relating thereto void. While there are many good items in this bill, this is a very serious flaw. On September 10th our chairman mentioned that he didn't want to bury a poisoned pill into our list of legislative priorities that might alienate the Governor or legislators. But the proposed bills have their own buried poison pill. They take away our home rule. The Commission must not allow the only tools that we have, land use and zoning, to be given away to a powerless state agency. Political savvy is not in much evidence here. What Tallahassee needs to hear from us is a loud, clear rejection of conducting the oil business in South Florida. Do the people of Collier County agree that the oil business is really about public safety? The urgent challenge to protect our common home includes a concern to bring the whole of Neapolitan society together to seek a sustainable and integral development. These bills please Mr. Scott, the DEP, and the oil industry. But Page 65 September 22, 2015 Pope Francis wouldn't be pleased. He urges the world to ban fracking. The oil industry is not safe, despite their assertions. We've all repeatedly been over what these bills should but do not do. They do not protect our common home. They do not bring Naples together. They betray the public interest. Withdraw your support from Mr. Richter and Mr. Rodriguez. Offer your support instead to Senators Dwight Bullard and Darren Soto. Thank you. MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be followed by Nicole Johnson. DR. KAREN DWYER: You are right to make inland oil drilling and fracking our top legislative priority. The 2015 legislation failed us. 2016 looks even worse. Senator Richter's pro-fracking bill would cause more harm than good and take away rather than add protections. We need you to not support it. The bill does not represent community concerns, it does not ban fracking, restrict water use, impose buffers, plug abandoned boreholes, or significantly increase fines. Instead it would continue to allow fracking and the non-disclosure of toxic chemicals. Worse yet, it would take away local government's home rule right to protect itself with bans, setbacks, water restrictions, and everything else state law fails to address. Presently counties have the power to safeguard public safety, community character and quality of life by limiting drilling in inappropriate areas because of zoning issue and incompatible land use. These powers exist and have been successfully exercised by Bonita Springs and Broward County, to name just two. To endorse a bill that would strip local governments of their home rule right is not in the public interest. It is a betrayal of the worst kind. Especially because we know drilling may strain water supplies, increase truck traffic, impact roads, produce noise and air pollution, Page 66 September 22, 2015 reduce property value and disturb residents. Only local government can address these issues, not the state. Don't allow the state to preempt local home rule authority to protect public safety. It violates your legislative priority on Page 3 to preserve home rule and oppose state preemption. Reject any bill that would preempt home rule, diminish public safety and prevent oil to frack Florida as expeditiously and profitably as possible. If the county wants strong oil and gas laws, echo the concerns of your constituents. Lobby for regulations that would ban all well stimulation, restrict freshwater use, impose one-mile buffers, plug abandoned boreholes, disclose all chemicals, increase fines and secure enforcement power. In short, lobby for a ban on fracking and more stringent regulations on conventional drilling. And finally, since Tallahassee and Washington are not helping us, we need you to protect our water and city with a local ban. Imitate Bonita Springs. Also, endorse Senator Bullard's statewide ban on fracking. He too is our legislative delegate. Government governs best that governs closest to the people's wishes. Thank you. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Gaylene Vasaturo. MS. JOHNSON: Good morning. For the record, Nicole Johnson here on behalf of The Conservancy of Southwest Florida. And we're asking the county not to endorse House Bill 191 and Senate Bill 318 and instead engage the county's lobbyists to seek improvements. First of all, these bills will remove all home rule authority related to oil and gas activities, declaring all existing ordinances since January, 2015 or future local oil and gas ordinances void. This preemption of local zoning authority is a crucial problem with the legislation, as the state does not and will not consider land use Page 67 September 22, 2015 compatibility issues such as light, noise and traffic. Drilling operations require frequent truck trips, transporting -- tongue twister -- frequent truck trips, transporting potentially toxic materials. Drilling often occurs 24 hours a day, seven days a week and may cause light and noise disturbance to neighborhoods. Without home rule authority drilling operations may be permitted in incompatible locations: Near schools, residential areas, environmentally sensitive lands and local businesses. Oil and gas operations should be treated as any other industrial activity, with local governments able to direct these uses away from incompatible areas. We would urge you not to endorse the legislation and instead direct the lobbyists to work to remove all preemptions from the bills. This is not placing new responsibilities on the county or putting the county in the business of regulating oil. This simply protects the county's existing zoning authority. In addition, these bills fail to place the burden of proof on the driller to validate trade secret claims. In your agenda backup you'll find county staff supports the creation of such a process. This will require filing a separate companion bill. But no such bill has been filed to date, and without that companion bill the county may not even know when there's a proposal for well stimulation with fracking chemicals. Lastly, the legislation fails to address all types of well stimulation. The legislation will address only some of the techniques which generate fractures and fails to address any techniques which dissolve rock. Acid well stimulation operations using chemicals to dissolve rock took place at the Hogan well. Such procedures must not be left unstudied and unregulated. In addition, the legislation introduces a substantial, ambiguous and impossible to detect loophole by exempting any techniques that incidentally fracture rock. Page 68 September 22, 2015 We request the county engage a lobbyist to actively advocate on behalf of its citizens for a broader definition of well stimulation to capture all dissolving and fracturing techniques using chemicals. In summary, we urge the county to direct your lobbyists to oppose the preemption of local zoning authority and legislation, to support county staff and AECOM recommendations, to support a broad definition of well stimulation, and we ask the Commission not to endorse or support these bills as drafted, but instead work with your lobbyists and the legislature to address these critical issues. Thank you. MR. MILLER: Your next speaker is -- CHAIRMAN NANCE: Excuse me, excuse me. Commissioner Taylor. COMMISSIONER TAYLOR: Yes, just briefly. Can you please tell me the position of The Conservancy on fracking? Are they asking for a banning on fracking? MS. JOHNSON: I'm going to defer to our legal counsel on any of the specifics on that. I'm not the subject matter expert on that. COMMISSIONER TAYLOR: Thank you. COMMISSIONER HENNING: I have a question. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Has The Conservancy lost all communication with the legislators? I know that you're wanting to jump on our stuff. I know in the past that you have lobbied the delegation to do certain things. Is that all gone, that relationship? MS. JOHNSON: Oh, absolutely not. We have -- our staff has been spending a tremendous amount of time sitting down and meeting with legislators. So we certainly have -- and their staff. So we've spent a tremendous number of hours doing that. CHAIRMAN NANCE: Anything else, Commissioner? COMMISSIONER HENNING: I'm not going to comment anymore. Page 69 September 22, 2015 CHAIRMAN NANCE: You're speechless. COMMISSIONER HENNING: At the time, yeah, 'til I fill out my tummy. CHAIRMAN NANCE: Okay. MR. MILLER: Your next speaker is Gaylene Vasaturo. She'll be followed by Joe Mule'. MS. VASATURO: Good morning. Gaylene Vasaturo, I'm a retired environmental attorney, 30 years with the U.S. Environmental Protection Agency. Thanks for allowing me to comment today. First I want to support all the comments that have opposed the extremely broad preemption provisions in Senator Richter's bill. And I hope you take those to heart. And I'm sure you will. But this morning I wanted to just talk about two items that I ask the Board to make sure are included in the oil legislation going forward. The first is to insist that the legislation cover all unconventional drilling techniques. The Senate Bill 318 exempts operations that incidentally frack. And this is ambiguous and will allow for loopholes, particularly when they come up with new techniques. And that ambiguity needs to be addressed. Secondly, it does not cover acid stimulation or operations that dissolve rock. And we know those are used here in Southwest Florida. The low pressure acid stimulation procedures are different from what's been used historically used in Florida, which was simply acid cleaning of wells. This is -- acid stimulation is a new process that can present risk to our waters and we should not allow it without regulation and oversight. Secondly, the study. Now, Senator Richter's bill does contain a requirement to study the potential impacts of these types of activities on our surface and groundwater, which is good. However, it -- what it needs to do is have a moratorium on all these activities until that study is completed. Page 70 September 22, 2015 Senator Richter's bill simply prevents the activities until the DEP adopts rules. And that's not adequate. We absolutely should know what the potential impacts are going to be before we move forward on these activities. There has been some discussion about last -- at the workshop about the EPA draft study on hydraulic fracking and its impact on drinking water. That's a draft study that is currently undergoing independent scientific review. It focused almost entirely on fracking shell formations in Pennsylvania and Texas. There was some de-fracking -- shell fracking that were discussed in other states, but there was no evaluation of fracking here in Florida, and there was certainly no evaluation of acid stimulation, which is used here in Florida. The conclusions of that study cannot be applied to Florida until there are studies done in Florida. And with the few seconds I have left, I point out that they did find contamination in drinking water and discussed the pathways that the chemicals got in the drinking water. There was like 12.2 spills per 100 wells that were drilled. And I see I've run out of time. Thank you. CHAIRMAN NANCE: Thank you, ma'am. MR. MILLER: Your next speaker is Joe Mule'. He's been ceded three additional minutes from Patty Whitehead. Can you confirm you're here, Ms. -- thank you. And Mr. Mule' will be followed by Ralph Brookes. MR. MULE': Good morning, Commission. Thank you for including this very important item on the agenda. I'm Joe Mule', president of Preserve Our Paradise, for those of you that have not met me before. And I will say that it is a pleasure to be in front of you again here today. It is a pleasure because I saw that when the action was needed on the part of this Commission, you all took the action when the Page 71 September 22, 2015 people that you represent called, wrote and personally saw you to say that they did not want fracking in Collier County. They did not want horizontal drilling in our neighborhoods. There was a public uproar in and that has not stopped. We have a position today where we listen to these bills. I heard Mr. Durham say that there are robust controls in place and one moment later say there are also trade secret laws that will protect them. There is nothing to stop these people from making everything a trade secret. It is clear. We have a precedent where the Hughes Oil Company fracked. The DEP does not have the personnel and unfortunately due to budget constraints or whatever it may be, their forces have been decimated. We have no true enforcement personnel enough to be able to cover what's going to be happening. We are in a position where these people, the ones who will be coming down to drill, are not the big players. They are the Dan A. Hughes Companies that were here before of yesteryear. The wildcatters. The people who don't care about anything except for the fast dollar that they are going to make for the gallon of oil. Which, by the way, as we all know with water, the scarcity and the pollution and everything that we have here with our carse topography is becoming more and more important to us. The people who come to Florida come to Florida because they want to see our beautiful landscape, they want to see our beautiful state. They don't want to see oil derricks sprouting throughout everywhere. The people here see the need for this to stop. You can't give up home rule. When you start giving up home rule and you give up the right to take controls, everything you've heard about noise pollution and everything else, you can't protect your citizens. You have people that are -- have identical bills that were really sponsored and likely written by Mr. Mika from the oil industry. Page 72 September 22, 2015 There's no ifs, and or buts about that. So these are controls that are meant by the oil industry to place it on themselves. They're policing themselves, which we know that's not going to happen. We know that that's been people who have been very sick nationally, as we've spoken before. People who as a result of this lost their homes, their property values and their health. We've seen litigation that's happened nationwide and Texas of all places where families sued successfully because of health issues due to fracking. It is not something that is not real. It is very real. The dangers are very real. The fact that we could even consider these two bills to me is unfathomable. We need to look at the people that are trying to truly stop this. There is no economic incentive for Collier County to support these bills. However, there is. Because there is no gain, but there is a potential loss. If we start poisoning our water, the visitors will stop. If the visitors stop, our economy and our growth will tank, without a shadow of a doubt. I will say this to you: Look in your hearts, look at what you really want. Look at what the people who elected you to office really want. And I will tell you this: Call the ones that you know and say what do you think, and I can guarantee you that unless they have a very vested interest in the oil industry, they will say without a shadow of a doubt that they want fracking to be banned in Florida. I would also encourage you that if the state does not take this up in the past, you do not want to take the action of banning it in Collier County, because you deferred to the state, and I can understand at the time why you did that. You wanted it to be in the big picture. Communities throughout Florida, and I'm involved with several of them, I was at Bonita Springs as well speaking, and we were effective in getting a ban out there. That will be usurped. The work of all the people that are saying let's stop and feel comfortable in the Page 73 September 22, 2015 knowledge that their community is being protected is going away. Don't do this. Listen to what your constituents are saying. Don't forget that Hughes and anybody else who comes into drill will frack, do whatever they want, not disclose the chemicals, plug the hole. What does that mean? When it corrodes, anything that's toxic will come back. We cannot afford to have that happen here in Florida. I encourage you to take definitive action and not allow these two bills to go to law. Stop them in their tracks. Let these people know that you support a total ban on fracking in Florida. Those who do not learn the lessons of history are doomed to repeat it. You will see an uproar in this community and throughout the state if these two bills come into being. Thank you. MR. MILLER: Your next speaker is Ralph Brookes. He'll be followed by Terryle Nichols. MR. BROOKES: Good afternoon. My name is Ralph Brookes, Attorney. I'm here representing The Conservancy as their legal counsel here today. I'm also certified in city, county and local government law and I served as assistant county attorney for Sarasota County, and I also represented as land use litigation attorney Monroe County, which is the Florida Keys. I've also been involved with representing private companies and local governments in BP oil litigation. And one thing we've learned from BP oil is accidents do happen, no matter how many regulations and statutes there are out there. Today we would support home rule, and continuation of home rule by cities and by counties. The Richter bill would remove an important component of home rule for cities, deleting 377.24(5), which requires cities to approve oil permits within their municipality. It doesn't directly concern you, but it does concern some municipalities in Southwest Florida. It does, however, preempt home rule authority of this county very Page 74 September 22, 2015 broadly. The act would preempt all matters relating to the regulation of exploration, development, production, processing, storage and transportation of oil and gas. That's very broad language, and one that I would urge you not to support something so broad and so general that it could really encompass anything. As a county attorney we look for ways to keep power within the county so that we can act when we want to and we don't have to act if we don't want to, but we certainly have the ability to do so if we want to in the future. We support bills that have a wide definition of well stimulation. It should include not just high pressure well stimulation, but chemical or acid well stimulation, which is the more typical well stimulation that's done in Florida. In Florida they don't typically use the high pressures they use in North Dakota or Pennsylvania. These acid -- because we're working in a limestone environment. With regard to the colloquial term fracking, do you support fracking or not support fracking, that's a colloquial common term. And as the lawyers and the technical people that we are and involved in, in the Dan Hughes case together we both intervened in that enforcement case. We have to be very specific about the words we use. High pressure well stimulation may not capture what happened to Dan Hughes. You may need to use the word acid or chemical well stimulations. We want a broad definition that covers that, and we have some definitions we could share with you. We also oppose legislation that fails to give not only the public but Collier County notice of what chemicals are going to be put down the hole before they're put down the hole. This Richter bill would require disclosure of chemicals 60 days after they're used. That may Page 75 September 22, 2015 be too late to raise an objection. It would be good to know what specific chemicals are going to be used in the well stimulation before they're put down the hole. It also prevents them from adding new chemicals while they're out there in the field. Thank you. MR. MILLER: Your next speaker is Terryle Nichols. She'll be followed by Judy -- CHAIRMAN NANCE: One moment. Sir, could you return? Commissioner Taylor would like to -- COMMISSIONER TAYLOR: And again, it's the question I posed before. Is The Conservancy's position to ban fracking? MR. BROOKES: The word fracking is not really a technical term. I can say that we are in favor of a strong regulatory environment for not just high pressure well stimulations, but also chemical well stimulations that dissolve the rock. That needs to be addressed, needs to be regulated. We're not against conventional oil drilling. At The Conservancy, The Conservancy has taken an approach that there is going to be legislation, there is going be regulations, it needs to be all-encompassing. We don't need a piece of legislation that addresses well stimulations that are going on in Pennsylvania but doesn't address the actual ones that happened here in Collier County. We want legislation to address what happened here. COMMISSIONER TAYLOR: Thank you. MR. MILLER: Your next speaker Is Terryle Nichols. She'll be followed by Judy Dempsey. MS. NICHOLS: Good morning. I'm a resident of Naples, Florida and I am really concerned about the fracking in this area. Fracking threatens the air we breathe, the water we drink, and the climate we all depend on. Fracking pollutes the air with volatile organic compounds that are very harmful to human health, and are often discharged during the fracking operation. Page 76 September 22, 2015 Near a drilling and fracking activity in Texas the Texas Commission on Environmental Quality found airborne Benzene, a known cause of leukemia, at levels of 500 to 1,000 parts per billion, more than five times higher than allowable limits. It also threatens our drinking water. The chemicals that are exposed to the water during the process is toxic. And once that water is used in the fracking, it's so contaminated it can't be brought back into our wells for drinking. I'm concerned because of the environment and of the health. I have a grandson that was diagnosed with cancer at nine years old. So I am extremely concerned for the safety of all the citizens with this really horrible process that puts us all at risk. I don't know a lot of science about it, I just know that it's not good for our environment. And -- or especially in the Everglades and Florida where it's so beautiful and people come here to see that beauty. So I'm really, really concerned about this bill and hope that it doesn't go through. Thank you. MR. MILLER: Your next speaker is Judy Dempsey. She'll be followed by Candace Wehbe. MS. DEMPSEY: Hi, I'm Judy Dempsey and I'd like to ask you: Are you doing everything in your power to protect our health and environment? Is your duty pursuant to the public trust doctrine to protect our water supplies. Maintaining home rule authority is critical to ensuring this protection. Have you done enough research? We are lucky because we're at a time when we can afford to put in this research. Getting this oil is not so critical. Relying on the opinion of a single industry expert does not fulfill this responsibility that you have to the Florida citizens. Please keep in mind that we can live without oil, but we can't survive without water. The large amount of water that is wasted and polluted during fracking is more valuable than oil and gas can ever be. Page 77 September 22, 2015 There is no sane reason to put our water at risk like that. We now have wind, solar. And I don't know if you've heard of it, but have you heard of Algenol. Algenol is a gasoline made from algae and is actually produced pretty close to our town. It's made in Lee county. And they're about to open up a gas station in Orlando that will provide this algae gas. We need to give these new technologies a chance. I don't know why Florida is fighting back so hard against solar, wind technologies and making it tough and not giving technologies like Algenol a chance to really show its stuff. Even if fracking takes place and manages not to affect our water supplies, it has other serious environmental impacts. Are you aware that drilling and fracking result in significant greenhouse gas emissions? Florida must reduce its activity in anything that it does to contribute to climate change. The activity of fracking leaks methane gas. And methane gas makes up more than 90 percent of shell gas leaked during fracking. This will greatly accelerate climate change, and Florida really needs to be worried about climate change. Your decisions must not be detrimental to the public's interests. The Public Trust Doctrine limits water allocation by requiring consideration of present and future impact on state water resources. It is time to enact laws that protect people and the environment instead of worrying about people's pocketbooks. We must turn the tide and keep that tide safe before it's too late. Thank you. MR. MILLER: Your -- CHAIRMAN NANCE: Ladies and gentlemen, we have many more public speakers to go and I'm sure that we're going to have an extended conversation thereafter. So to conclude the morning session, ma'am, you will be the last public speaker of the morning session, and then we will break for lunch and return at 1:00 p.m., at which time we Page 78 September 22, 2015 will continue with the public speakers and continue on this agenda item until it's completed. So thank you for your understanding. MS. WEHBE: Good afternoon, Commissioners. Candace Wehbe. I have just recently come in from Switzerland. I'm a resident here and a retired investment banker doing quite a bit of international economic development. I saw on your last meeting there was a lot of discussion about the accelerators and the interest in bringing in international interests into this area. I do dedicate a portion of my time to environmental issues. The fracking issue is one of the uppermost concerns of the residents, as you see from all of the speakers. I have a viewpoint which is a little bit more distanced than perhaps people who are immediately impacted. What comes to mind is that in the fracking, particularly in this area, in the Naples area, you have just a handful of landowners. You can count them on the fingers of one hand. These landowners are interested in doing a business and that's developing their vast tracks of land for the development of mineral resources. These couple of people are impacting the lives and the homes and residences of the majority of the people in the county. This is a serious, serious issue where you have the risks highly outweighing the rewards to the general populous. And the risks have been -- everyone is aware of the risks. And we haven't even started to talk about sinkholes, never mind the toxicity of the water. And the fact that wherever there is fracking, home values go down, the environment is deteriorated, they do not come in when the landowners hire these let's say Hughes drilling or whatever. You have wildcatters coming in. This new bill of Richter is a little bit irrelevant. Because the wildcatters, they form a corporation. There is not a lot of funding behind that corporation. When they come in they bring in their own Page 79 September 22, 2015 drilling rigs, they bring in their personnel. There's not a huge amount of economic development that goes on and they have no money behind them. So if there are toxic waste spills, they simply walk away from the problem and the taxpayers pick it up. So from the point of view of the residents, for the benefit of very, very few who want to make a bit of money on the development of the mineral resources, this doesn't make sense because the risk that you are taking as the Commission is very high. Thank you very much. CHAIRMAN NANCE: Thank you. Thank you ladies and gentlemen, we are going to remain in recess until 1:00 p.m. Thank you very much. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Ladies and gentlemen, good afternoon. Welcome to the afternoon session of the Board of County Commissioners. We are currently on the Collier County legislative priorities which is Item 11.A and we are going to continue with public comment. Mr. Miller? MR. MILLER: Mr. Chairman, your next speaker is Judith Hushon. She'll be followed by Pamela Duran. DR. HUSHON: Hello, Commissioners. I want to continue on with the discussion we had at the workshop on September 10th. At that point Mr. Henning brought up that fracking was safe. He had read that. Well, it turns out Mr. Imhoff said fracking was -- COMMISSIONER HENNING: I didn't say that. DR. HUSHON: -- safe. The EPA in their report says: From our assessment we conclude there are above and below ground mechanisms by which hydraulic fracturing activities have the potential to impact drinking water resources. They go on and say how that can Page 80 September 22, 2015 happen. And this doesn't happen that often. And they studied only the northern fracking systems. These were shale fracking. But it did happen. What happened more often, according to them, and was a cause of great concern, was that in 12 percent of the sites, 12 of the wells drilled, there were spills of various fluids. When that happens in our land, it -- we have sand. Nothing retards it. It goes with the rain. And we have a lot of rain, so it just goes right down to our aquifer. So anything that is spilled on site we can basically say it went down. So that's just something we should keep in mind, that it isn't quite as safe here as it might be somewhere else, and that has been a problem. And we are not -- $25,000 that we're taking to -- of money, bond money, that's not enough to do anything. That's not enough to even study it, much less clean it up. So that money is too small. We really need to push for a much higher bond. And it should be the company bond where they're responsible for all impacts, and it should effect all, whether it's the property owner, the mineral rights owner, the driller, supplier of chemicals, it can be anybody can be responsible. But all should be responsible. And the legislation should be modified to handle that everybody should be responsible. I would like to see the trigger for starting up and allowing this kind of fracking to be the study completed and accepted. Because I don't think that getting rules to DEP is adequate. And we are not giving enough direction to DEP on those rules that I don't think those rules are going to be strong enough. This legislation doesn't give them enough directive to make strong enough rules. DEP should be allowed to inspect at any time and at any place and take samples. They couldn't do that on the Hogan well, I guess you know that. We also have problems with the fact that materials are not being Page 81 September 22, 2015 disclosed and allowed to be declared trade secret. This means if we have an EMT person or someone who comes upon a person on site who's gone down, we may not be able to do what we need to do for them. And that needs to be public, and not just trade secret. Thanks. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Pamela Duran. She'll be followed by Jaime Duran. MS. DURAN: The Florida DEP has no power to shut down a well. None. None, whatsoever. The inspector who went to the Collier-Hogan well and they said no, you can't come on site. You can make all the regulations and do all the bills you want, but if the DEP is not allowed to inspect, you can have the Hughes Company take those regulations and use them as toilet paper, because that's what they're doing. That's what's happening. If the Hughes Company said no, we're not going to let you inspect, that well should have been shut down right then. They should have been able to call the police or the state police or somebody and say shut this well down. This bill does not even address that. Because they don't want to address it. They want all the regulations, but who's going to enforce them? Who's going to enforce them? They're going to fine them $10,000? Because when they did frack the well, and in March they came down here, they talked to the public with the EPA and they lied to you. They had already fracked three months ago. And they stood here and didn't tell you they fracked. They stood here and didn't say oh, we weren't allowed to inspect the well. They didn't tell you that. That came out after in their report, which listed lots of mistakes at that well. Listed cement mistakes. So it doesn't matter the regulations. You pass this regulation, it's no good. Because it has no teeth. And it doesn't protect the public. I'll Page 82 September 22, 2015 give you 1,000 reasons -- hundreds of thousands of reasons not to support this bill. Every man, woman and child in Florida deserves the right to have clean water and a safe environment. Give it to them. Thank you. MR. MILLER: Your next speaker is Jaime Duran, he'll be followed by Charlette Nycklemoe. MR. DURAN: Good afternoon, Commissioners. Well stimulation, enhanced recovery, fracking, are just terms used for the same process, a process that has been shown to endanger the health and well-being of citizens. Only one bill considers real protection. Senator Soto and Senator Bullard's Bill SD 166. I urge you to support it. Do the job that you were elected to do, to look after the best interest of all your citizens, not the interest of one single industry. Thank you. MR. MILLER: Your next speaker is Charlette Nycklemoe. She'll be followed by David Welch. MS. NYCKLEMOE: Thank you. Hello again. I'm Charlette Nycklemoe, President of the Collier County League of Women Voters. It's the official position of the State League of Women Voters of Florida that as long as we do not know whether hydraulic fracturing and similar acid stimulation techniques can be used safely in Florida's unique geology, there should be a moratorium on these techniques of extraction. Moreover, any legislative bill, including preemption of a local community's right to establish permitting programs for certain oil and gas activities would be unacceptable to the League. We know you have emphasized time and time again your commitment to home rule. On multiple occasions. And we urge you to advocate for drilling legislation that allows for this local control. As you are aware, two new permits covering nearly 200 square miles have been issued by Florida Department of Environmental Page 83 September 22, 2015 Protection for geophysical exploration in our region. The Hogan well was not the end of fracking here but rather the beginning. And we need to be vigilant as the 2016 legislative session progresses, advocating for the most protective legislation. The Florida League of Women Voters has identified key elements necessary in legislation to safely regulate the new technologies of oil and gas drilling. These elements are similar to our county consultants, as well as those identified by The Conservancy of Southwest Florida, and we are advocating for them in the 2015 legislative session. We want to see our county's lobbyists in Tallahassee do likewise. Thank you for your attention. MR. MILLER: Your next speaker is David Welch. He'll be followed by Janet Weisberg. MR. WELCH: Yes, I'd like to start off, I used to be a fracker. And the people that knew what a fracker was would give me a dirty look. And I'd have to say whoa, wait a minute, I did hydraulic fracking. Artesian wells, that's all I did as far as fracking. We put water into the well, water came out of the well. You could drink it. You put water in the well down here, in an oil well, it's gone. You can't use it for nothing. What are you going to do with it? They're going to dig out a big pit, line it and let it sit there. And the boss that I work for, he started the business up in New England, he worked for the oil companies doing fracking. He did it for three years. He got disgusted. He said, I can't do this; I just can't do this. They would fill up tankers after tankers at the refinery. All the sludge, all the trash, anything that they can't use, down into the well. If you're going to have them do fracking down here, you're going to have to put a camera on every well and monitor them 24 hours a day or they will do whatever they want. You should check into what fracking is, if you don't know. Seriously. That's all I've got to say. Page 84 September 22, 2015 COMMISSIONER HILLER: Can I ask a quick question? CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: What type of drilling do we do when we drill our wells, our water wells here. MR. WELCH: Artesian wells. COMMISSIONER HILLER: What do we do when we drill our artesian wells here? MR. CASALANGUIDA: Ma'am, I would have one of our professionals come up, but we don't use high pressure stimulation. COMMISSIONER HILLER: Can you -- I want to know what we do. MR. WELCH: If you drilled an artesian well -- COMMISSIONER HILLER: Do we not have -- hang on a second. Do we not have anyone here from utilities who can tell us how our artesian wells are being drilled? COMMISSIONER HENNING: We don't have artesian wells. COMMISSIONER HILLER: I thought we did. What do we have? What kind of wells do we have? COMMISSIONER HENNING: Drinking water wells. COMMISSIONER HILLER: No, we have another type of-- I just want an understanding. And it may be a non-issue. I just want to make sure I understand what we have and what we do. MR. CHMELIK: Hello, Commissioners, Tom Chmelik for the record. And we have multiple wells that are drilled with a conventional drill rig that drills through the rock and gets to the specified level, gets cased and lined and put into operation. COMMISSIONER HILLER: And those are -- are those artesian wells? Or what type of wells are -- MR. CHMELIK: I don't believe they would be classified as that. Page 85 September 22, 2015 COMMISSIONER HILLER: They're just water wells? MR. CHMELIK: Yes. COMMISSIONER HILLER: And -- go ahead. CHAIRMAN NANCE: Commissioner Hiller, an artesian well is typically one, ma'am, that's under its own natural pressure and water flows from it without any assistance. COMMISSIONER HILLER: Well, I thought -- CHAIRMAN NANCE: There's only a few areas in the state where you might be able to find that condition. But typically our wells in Collier County are not -- COMMISSIONER HILLER: Are just the -- CHAIRMAN NANCE: -- flowing under pressure, they're just a COMMISSIONER HILLER: Straight drill. CHAIRMAN NANCE: -- hole. A hole. MR. MESSNER: Good afternoon, Commissioners. For the record, Steve Messner, Director of the Water Division. To answer your question, Commissioner Hiller, some of the wells are artesian. The same drilling process holds with what Tom Chmelik just said, but we do have artesian pressure that tends to over time go away. Over time we kind of lose that pressure. The deeper Hawthorne wells, wells that are into the little bit higher TDS or salinity tend to be artesian. So when we have to go do some work on those we do what we call salt plugging, which is plug the well so water doesn't come back up again. COMMISSIONER HILLER: So for all the wells that we drill, artesian and water wells, those are all done just with regular drilling? MR. MESSNER: Yes, ma'am. COMMISSIONER HILLER: Okay, thank you. COMMISSIONER TAYLOR: But I do have -- I have a question Page 86 September 22, 2015 CHAIRMAN NANCE: Commissioner Taylor. COMMISSIONER TAYLOR: -- as follow-up. How do you clean them out? MR. MESSNER: We monitor the yield from well in gallons per minute. We know what the wells typically give us in gallons per minute. When we start to see a reduction in that yield, we will use chlorine, a chlorinated solution, which tends to oxidize the material that might end up on the screen at the bottom of the well. COMMISSIONER TAYLOR: Thank you. MR. MILLER: Mr. Chairman, your next speaker is Janet Weisberg. She'll be followed by Susan Calkins. MS. WEISBERG: Hi. It's my first time I've ever been up before the counsel -- Collier County Board of Commissioners. And I'm grateful to be here. My life's path and purpose are to speak the truths we've forgotten, offer opportunities that let earth teach, and bring communities together and learn and share the truth of who we are, why we're here and how we need to accomplish real change together. I'm a resident of Collier County for 25 years, I have four children and 12 grandchildren. And what's going on here really matters. The truth is earth's body is our body. Earth's life is our life. And earth's health is our health. If you take nothing else from what I say today, remember that, please. Human beings are part of a whole. We experience ourselves, our thoughts and feelings as something separated from the rest, a kind of optical delusion of our consciousness. This delusion is a kind of prison for us, restricting us to our personal desires. Our task must be to free ourselves from this prison by widening our circle of compassion to embrace all living creatures and the whole of nature and its beauty. Albert Einstein. We have lived by the assumption that what was good for us Page 87 September 22, 2015 would be good for all, the whole world. And this has been based on an even flimsier assumption that we could know with any certainty what was good even for us. We have fulfilled the danger of this by making our personal pride and greed the standard of our behavior toward the world to the incalculable disadvantage of the world and every living thing. We've been wrong. This defining moment requires us to remember and restore our sacred and ground relationship with earth by shifting our collective impulses towards life-sustaining interactions. Our ever-evolving consciousness is provoking our desire to neutralize and reverse our trajectory of selfness. Restoration of an innate capacity to remember wise ways is an important collective entry point and a critical self-correction. Common sense for the common good will reestablish and anchor our innately design, sensibilities and tendencies. An example: It's obvious that clean, fresh water is a vital necessity for life and so a benefit to the common good. I have a Master's in applied eco-psychology, I am a certified traumatologist, and my Ph.D. is in our reconnection with earth. Thank you. MR. MILLER: Your next speaker is Susan Calkins. She'll be followed by Mary Guay. MS. CALKINS: Thank you. I just, you know, having listened, so I don't want to repeat a great deal of what was said. I just -- I think we all know that the devil is in the details. So it's the size of the bond, it's, you know, when we inspect, it's how often we inspect, it's what source is our water, the water that's used in fracking or fracking like activities. Where does it come from? Is it our drinking water, is it an alternative water source? So where do we put that toxic wastewater? What regulations surround that? So the devil is in those details. And since last year, various organizations, including the League of Women Voters, as was just Page 88 September 22, 2015 mentioned, have worked hard to identify not only the most sort of stringent regulations that are the most protective regulations, but they have also said something that needs to be repeated again and again, which is that to -- we need to suspend permitting of proposed projects using hydraulic fracturing and other unconventional oil drilling or extraction techniques until a comprehensive study on direct, indirect and cumulative environmental risk is completed. Not in process, completed. That was -- what I just read comes from the Everglades Coalition, an organization of 56 other organizations committed to the preservation and the restoration of the Everglades. Contrary to what's been said, we may not be permitting in Everglades National Park, we are permitting in the Everglades. Big Cypress is the western Everglades. So I think that the other last emphasis is certainly the local control. The local control that you have said again and again is important that we all think is important. I think you have the duty to all of us as citizens to do the right thing and make sure that our legislative lobbyist is working for the best and the most protective, so that means home rule and no drilling until we have completed studies. Thank you very much. MR. MILLER: Mr. Chairman, your final speaker on Item 11.A is Mary Guay. Am I saying that right? MS. GUAY: Yes. Thank you very much for letting me speak. I'm a citizen of Naples and Collier County, and I'm a grandmother. And I'm a child advocate for a habitable planet, the whole planet, for all of our children. Collier County has decided they want to be a part of a Blue Zone. They want to be the sixth place in the world that's the healthiest place to live and to live to be 100 years old. This is a fly in the ointment. Page 89 September 22, 2015 And we need to really, really know what we are doing to our environment here before we ever drill anything. Now, the gas companies and the oil companies see the consequences of this drilling as inconsequential, insignificant compared to profits. We have to compare it in comparison to the value of human life and the wildlife, you know, our life in paradise. This is what's at stake. Whether we frack wells to get gas and oil or we have the wells -- if we become the dump for what comes out of the wells, what we are talking about is very dangerous, dangerous materials. I have -- I'm also -- because I am a child advocate, I also wrote a book on climate change, so I studied fracking. And I have a statement here, it's from the 2011 U.S. House of Representative report on chemicals used in hydraulic fracturing. More than 650 of these products contain chemicals that are known human carcinogens, regulated under the Safe Drinking Water Act. But the 2005 Energy Act exempts fracking from those regulations. Clear slate, no problem. Additionally, 7 -- 279 products are listed as proprietary or trade secret. They are not on the -- I'm nervous -- MSDS. And what they wanted to know in the House of Representatives is how can we do peer-reviewed scientific study on these chemicals if they won't tell us what they are. They can't. Until that happens, we shouldn't allow it to be pumped into the ground, letting these chemicals into our groundwater. And that was in Congress. So these chemicals, do they poison us? The places that have had fracking for 15 years, they're finding toluene, arsenic and benzene in the blood supply. When they first started showing up in Colorado, Dr. Cleo Colburn was very concerned. They asked patients, is there anyone in your family that would be poisoning you with arsenic? No. They would have been sent to jail. It was the gas company. Nothing was done. They're exempt. Page 90 September 22, 2015 They're exempt. Okay. CHAIRMAN NANCE: Thank you, ma'am. MS. GUAY: Okay, one last statement. George Bernard Shaw said the worst sin against our fellow creatures is not to hate them but to be indifferent. CHAIRMAN NANCE: Thank you. MR. MILLER: That is your final speaker on Item 11.A, Mr. Chairman. COMMISSIONER HILLER: You know what, they say that about love too. They say hate is the opposite of love, not indifference. I happen to know that personally. CHAIRMAN NANCE: Commissioner Henning, please begin the discussion. COMMISSIONER HENNING: Well, obviously nobody -- some people didn't read the updated bill. The surety bond has increased by 500 percent, or fivefold. I mean, there's a lot of things in there. We hired an expert, a geologist, to take a look at what kind of legislation needs to be done. He provided that to us. And he said based upon our soils, fracking is safe. Okay? Until an expert can tell us fracking is not safe, then I'm going to proceed forward. Commissioner Taylor, you wanted to increase the fines. What purpose would that serve? COMMISSIONER TAYLOR: I just think it is something that would weed out the underfunded from the funded and also make sure that folks understand that when they frack or drill in Collier County they better do it the right way or it's going to cost money. I don't have a problem with $25,000, but I think it should be per day. I'm fine with that, but not per incident. I mean, we approve $90,000 a year in parts for trucks in the county, and it just is unbelievable to me how low it is. But -- well, I'm going to let you -- can I pose a question to you, Page 91 September 22, 2015 sir? COMMISSIONER HENNING: Well, I think you answered mine. So you'll support it if it's $25,000 a day? COMMISSIONER TAYLOR: And a couple more, just a couple more minor things. COMMISSIONER HENNING: Okay. COMMISSIONER TAYLOR: The home rule issue. It's troubling. I understand on the part of the -- of those interested with mineral rights that understandably they don't want to have to deal with protests and everything every time they want to do something. And by the way, The Conservancy is not against fracking. COMMISSIONER HENNING: Well, that's -- CHAIRMAN NANCE: That's a regulation. But if we give up home rule, why are we doing it? There's no reason to. And I guess I need to speak to our attorney or staff. I mean, I've heard it from here. It's not in this. Are we giving up home rule? MR. OCHS: Commissioner, we said right at the outset, Mr. Durham said staff had concerns about the preemption language in Senator Richter's bill and that is all about -- COMMISSIONER TAYLOR: Home rule. MR. OCHS: -- limitations on home rule, specifically as it affects land use decisions by this Board. COMMISSIONER TAYLOR: And, you know, I -- I don't want to take -- MR. OCHS: We would like to work on that certainly during the sessions. COMMISSIONER TAYLOR: Yeah. And one of the speakers made a suggestion that we don't endorse this but we ask our lobbyists to work on areas that we're concerned about. Which means we're in Page 92 September 22, 2015 the political process. This is something we need regulation. This bill gives us a lot of the things we want, but there's still some things. And so I don't know how this Board feels about it, but I think -- I think it's reasonable -- it's a reasonable suggestion. COMMISSIONER HENNING: Well, let me just comment. First of all, The Conservancy's lobbyist said they support conventional well drilling. He said that twice. He did not answer your question, okay. He did not say they support fracking, did not say that they oppose fracking. They support conventional well drilling. So what does that tell you? It's never going to end with The Conservancy, okay? COMMISSIONER TAYLOR: Well, that may be the case. COMMISSIONER HENNING: Yeah. Now, to answer your question about land use? I don't care, I'm not going to be here. However, you're going to hear from these people about fracking until the fracking cows come home. COMMISSIONER TAYLOR: I agree. COMMISSIONER HENNING: Okay? Is that really what you want? COMMISSIONER TAYLOR: Well, you've got two sides to that question. First of all, I think it's the right of citizens to come forward and speak how they feel. Whether I agree with them or not, that's their right to do it and that's our democracy. Put that aside, put that aside, the issue of home rule is a big one. Because we struggle and let other areas that, you know, darn it, state, give us home rule, don't take our powers away. And I understand what you're saying, I understand it's an avenue that folks can come in, but -- COMMISSIONER HENNING: It's not going to be based upon land use. And we do it all the time sitting up here, we have a tendency to do things on emotion instead of its merits. It's just the way it is. So you're going to have one more issue that's going to be an emotional Page 93 September 22, 2015 issue and you're going to have a Board that's going to base that decision on emotions. That's all. So anyways, I agree with you on home rule. COMMISSIONER TAYLOR: You do? COMMISSIONER HENNING: Yes, it should be. I mean, if you're going to say it -- you have to be consistent. COMMISSIONER TAYLOR: That's correct. COMMISSIONER HENNING: Okay? And that's -- COMMISSIONER TAYLOR: And reasonable. And reasonable. COMMISSIONER HENNING: But I just want to tell you, that's what it's going to be all about is the -- you know, the scary thing based upon feelings and not facts. COMMISSIONER TAYLOR: You know, I think -- and I would agree with you if we were dead in the water -- that's the wrong word. If we were not going forward to anything else. CHAIRMAN NANCE: That's going to be in the paper. COMMISSIONER TAYLOR: If we're not going. But there is a study, and Senator Richter has actually funded. It's a million dollars for this study. And he put it in his bill again this year. So I'm optimistic. I mean, I guess I am optimistic. I'm optimistic that we will -- I believe it has to be completed by 2017; is that correct? MR. CASALANGUIDA: Yes, ma'am, that's correct. COMMISSIONER TAYLOR: And I'm looking forward to the results of that. So it's not that we've stopped, it's we're going forward and we're going to learn all the time. But this is a brave new world in South Florida for fracking, and we do have a very unique topogra-- geology that requires the study, which is being funded in this bill. So I am very pleased with the remark or the suggestion by one of our speakers, it wasn't The Conservancy, to ask our lobbyist to work Page 94 September 22, 2015 on the areas that staff is concerned about and we're concerned about to give support to the bill but not to endorse it wholeheartedly. COMMISSIONER HENNING: And without this legislation, if we don't have anything, we're not going to have any additional protection. COMMISSIONER TAYLOR: That's right. COMMISSIONER HENNING: That's what concerns me. That's why it was disappointing why it didn't pass last time. So unless staff or commissioners have any communications -- COMMISSIONER HILLER: Are we being asked to endorse this bill? CHAIRMAN NANCE: No. COMMISSIONER HILLER: No one has talked about endorsing this bill. MR. DURHAM: No, ma'am, it's -- COMMISSIONER HILLER: That's never been an issue. This wasn't -- CHAIRMAN NANCE: The agenda item for us today, the agenda item is for us to establish our priorities, which we have a list here, and for all Commissioners and all citizens that are interested that are here today and watching, you have to realize that this is a legislative process. It is the exact same process that goes through the Congress of the United States. And that is something is proposed in two chambers. If it reaches an accommodation that's close, it will go to a conference committee, it will have changes that are suggested, debated back and forth. And at the end of the day something will come up to a vote. If we do not pass -- if no legislation passes this time through when we get down to the legislative session, things are going to be exactly as they are today. We're going have exactly what we had before this oil well discussion began a couple of years ago. We're not going to have anything more than what we've got now if nothing Page 95 September 22, 2015 passes. That is why it is a conundrum for us, for the county, to work with a legislature that's so conservative and a Governor that is also very conservative in a state of 67 counties where only two counties have a significant oil and gas interest. The other 65 counties actually have not been established that they have any oil and gas resources. So it is not on the top of the list of those 65 counties. I assure you, their legislative delegations have been sent forth and inland oil and gas drilling and exploration and fracking are not on their list. So we have a very big hurdle to cross to get something through that process. Now, what's been suggested, and you watched this Board of County Commissioners struggle with FDEP, we struggled with our Governor, to try to reach an accommodation where we could get to a point where we could start getting some help above and beyond what we have today. And that is why I have advocated and I've said -- and people say, you know, Tim, what do you think we should have in this bill? I said look, we've got recommendations, a broad very wide spectrum of recommendations, all the way from banning activities in their entirety, various and sundry others, all the way through that whole spectrum. And when I answer a question people sometimes roll their eyes, but this is what I've told everybody over and over and over again: We have to get the best package we can get passed by the legislature and signed by the Governor. If we don't get that, we're going to have nothing. There's a lot of people in the legislature that are frankly, and I'm sorry about it, but they're disinterested. They're disinterested in our struggle here. So the assessment on my part is to go with our senior senator who's one of the most powerful senators in the state, and our representatives who all have seniority, and try to give us guidance as to Page 96 September 22, 2015 what they think they can get passed. I know there's a lot of people in this room that would like to see a bill that just absolutely bans fracking. It's unlikely to pass, ladies and gentlemen, it's just unlikely to pass. And if it doesn't pass, we go back to the default setting we have today, which is nothing. So it's going to be a very hard decision. You're going to see sausage being made, you're going to see proposals come forward. I am very troubled by the lack of home rule. I have advocated over and over and over again, and my home rule that I'm interested in is I don't want to see an emergency planning horizon ever, ever, ever overlap a piece of residential property. We can't have that. That's what we had before. That's what started this whole terrible issue in Collier County. We cannot have that. So I'm going to continue to advocate for that. I'm hoping that as these bills are being talked about and discussed in Tallahassee, that we're going to move into some of these issues and we're going to get there. So I would strongly recommend that you absolutely out of pocket recommend that no bill in any such form be passed. Because if you do, you're supporting what we've got now, because that's what we're going to end up with. And that's my horror. My horror is we do all this work and we don't begin the process. We have to begin to get some regulation here. Are we going to get everything everybody wants the first time through? I guarantee you we won't. I guarantee you we won't. But we'll at least get something started. We'll at least get a body of rules and some rule-making improvements in FDEP that will let us get going on this thing. I fear if we don't get going with our legislative delegation as it consists now, when we get three new freshmen next year that it will be an impossible task for them to carry something across the finish line. Page 97 September 22, 2015 So those are my concerns. We're at Commissioner Henning, Commissioner Taylor or Commissioner -- COMMISSIONER TAYLOR: Commissioner Henning is first. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Taylor. COMMISSIONER HENNING: Well, I think it is important that we say we support this bill if, and that's very important, if we have the home rule ability for zoning regulations. If the fines -- increase the fines to $25 (sic) per day. COMMISSIONER TAYLOR: 25,000. COMMISSIONER HENNING: 25,000, yeah. I mean, and I'm going to make that motion, that we support staffs recommendation -- and oh, by the way, home rule authority on the Uber thing, I think we ought to deregulate the taxi; however it is home rule, bottom line. So that's my motion, to support the item with those two additions to the drilling bill. COMMISSIONER TAYLOR: Okay. CHAIRMAN NANCE: Are you done, sir? COMMISSIONER HENNING: Yep. CHAIRMAN NANCE: Commissioner Taylor. COMMISSIONER TAYLOR: Can we talk about this bill? Can we talk about the bill? The chemical aspect, you know, to me it's important to know what's going in so you can determine if what's going in is effecting over here. And if we don't know what's going in, we can't ever monitor with a monitoring well what's really happening. So it's my understanding that it doesn't have to become public information. But there is a resource out there where chemicals can be registered that in case of emergency there's access to it, but it doesn't -- Page 98 September 22, 2015 is that your understanding? MR. CASALANGUIDA: Ma'am, speaking to DEP Brian, they get that information, it's just not publicly disclosed as a trade secret. But they have it on file. COMMISSIONER TAYLOR: Okay. So that's fine. So I'm quite okay with that, as long as that's done. But the other aspect is, and something staff is concerned about, is that it becomes incumbent upon the public to take the company that's drilling or fracking to court, rather than the other way. And can someone explain that to me again? MR. DURHAM: Yes, ma'am, Tim Durham again. Under the business propriety trade secrets law the request or the burden is on the requester to file in circuit court to have access to that information. Last year there was a bill introduced that shifted that burden. And the way that would work would be the owner of the information would be required to file in circuit court to keep it from going public. So you still had the trade secrets law, but you shifted the burden from the requester to the person making the claim of the exemption. And I know that is something that staff has raised. We look at it as a favorable item as far as disclosure by shifting the burden on the owner of the information as opposed to the requester. I honestly -- I haven't seen any bills filed this session so far that -- this was attempted last session. COMMISSIONER TAYLOR: Are you saying -- MR. DURHAM: I didn't see anything this session yet that addresses it, but it may be something to raise as an issue, if you're so inclined. I know some of the speakers, also that was a public concern that might be fairly easily remedied. COMMISSIONER HENNING: I'm not sure if it should fit in this bill here, because it's more of a global disclosure instead of just on this Page 99 September 22, 2015 particular issue. MR. DURHAM: Good point, Commissioner. Last year -- it was a separate bill last year, and it does -- because you're altering the exemptions in the Public Record Law, it requires an extra majority of vote to do it. So truthfully it probably would be more appropriate as a separate bill. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Okay. Now, ladies and gentlemen, remember, what we're supposed to do is we're supposed to identify and approve our legislative priorities. We really can't speak to this bill at this time. This bill is going to be changing, it's going to be dynamic, there's going to be things going back and forth on it. I think areas of concern are something we need to communicate -- COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: -- to our legislative delegation and to Senator Richter. But he's going to have to carry the ball on this. He's going to have to take our -- you know, we've given him our recommendations. I support the motion to go ahead and approve the priorities. We do have some concerns, it's clear. But I don't think we can address them all today. COMMISSIONER HENNING: Are you making a motion? CHAIRMAN NANCE: No, there's already a motion and a second on the floor, I believe, is there not? COMMISSIONER TAYLOR: Uh-hum. MR. OCHS: Mr. Chairman? COMMISSIONER HILLER: What was -- would you repeat what -- CHAIRMAN NANCE: Yes. MR. OCHS: I'm sorry, again, if you're giving some general guidance to staff and in turn our lobbyists on this specific bill, which I think you've done in certain areas, the one question I have that keeps Page 100 September 22, 2015 coming up in the discussion is that the bill as it exists now provides for a study and a moratorium on any high pressure well stimulation activities until the FDEP completes its rule-making process. The alternative that's been proffered here is that the moratorium remains in place until the study is finalized. I don't know if the Board has any preference on that or wants to give us any guidance as we go through the session? COMMISSIONER HENNING: Well, again, the expert that we hired says -- has stated that fracking is not an issue. Correct me if I'm wrong. Is that right? MEMBERS OF AUDIENCE: You're wrong. MR. OCHS: Nick, I'm going to ask you. MR. CASALANGUIDA: I met with the expert, as well as Bill did. He didn't say that it wasn't an issue, he said under certain parameters he had concerns. DEP is part of the permitting process, that we met over the summer, clarified all those concerns. COMMISSIONER HENNING: Right. As long as regulations are addressed. MR. CASALANGUIDA: Yes, sir. That was his point. COMMISSIONER HENNING: Right. And part of this bill is doing that, and the rule-making is another one. MR. CASALANGUIDA: Right, sir. The bill already has language, just for correction, on $25,000 per incident. And each day is considered an incident, a new event. So that's written in the bill currently. COMMISSIONER TAYLOR: Oh, good. CHAIRMAN NANCE: Well, going back to our workshop on this item -- you know, we have to approve our priorities today. I don't think we're going to solve this bill issue. At our workshop the nods that I saw were to let Senator Richter be the lead -- the lead in our legislative delegation to get the best bill that they could passed and Page 101 September 22, 2015 signed by the Governor. And at that point the nods were to allow Senator Richter to direct our lobbyist to help him in that regard. That's where we were at the workshop. Now, if we're not there today, we need to have another agenda item. But today we need to approve whatever our priorities are. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I think that some clarification is in order. The endorsement or discussion about suggested modifications to the bill that you summarized for us this morning is not what is on this agenda. CHAIRMAN NANCE: That's correct. COMMISSIONER HILLER: What is on this agenda is exactly what Commissioner Nance said. Secondly, the discussion we had at the workshop was not exactly to identify Senator Richter as the person, or I should say the elected official to carry the bill or this issue forward for us, because it's going to be up to the legislative delegation and up to any individual elected state official to make that decision themselves. We can't direct them. You know, we can ask them, but we can't tell them what they should do on our behalf. I absolutely feel that, you know, we've had a lot of good discussion here and that the discussion that we've had about home rule, the discussion we've had about bonding, about penalties, about the definition of fracking, about how toxic wastewater should be disposed of, you know, what constitutes the chemicals that go into whatever is ultimately defined as fracking are all issues that our lobbyists need to stay on top of as this bill is debated in the House and in the Senate. And I believe our lobbyists need to come back to us and report to staff exactly what's going on in light of this discussion that you have heard and what the leaning of this Board is, to make sure that if we have to get involved because we think -- see things going in a direction Page 102 September 22, 2015 that we're not in agreement with, that we have the opportunity to go up there and intervene and to lobby beside you for those issues like home rule. And I'm looking at these people, because they're part of our lobby team and our legislative initiative. So I think we ought to -- I mean, I can't support the motion as presented. I think it is too specific. You know, I would look at bonding completely differently. You know, I advocated for -- when the Dan Hughes Company was here, I wanted them to post an additional bond of a million dollars above the level of the bonding that was already required of them. You know, 25,000 a day as of what day, you know, for what period of time. I mean, those are issues that become debatable. I don't think we should be debating the amount of the bond. I think we've got a clear agenda. The Board has expressed its concern about home rule, the Board has expressed its concern about fracking, the Board has expressed that it wants to see law passed this session so we're, you know, not working in the vacuum that we worked in before. And I think you all need to go up there and then report to us what's going on so that we can have further discussion and encourage you to move in the right direction or support you if you need support to get things done. So I can't support the motion that was made. I can support a different motion, which is the motion based on what's being presented on this agenda. And I feel very strongly we need to aggressively stay on top of this issue, and we need law. And we need a law at a starting point, if we -- what I don't want to have happen is that we get nothing. And what I don't want to have happen is we lose local control, which concerns me to no end. CHAIRMAN NANCE: Mr. Ochs, when's our first meeting in October? COMMISSIONER HENNING: It's a Tuesday, second Tuesday. Page 103 September 22, 2015 MR. OCHS: October 13th. CHAIRMAN NANCE: It's October 13th. And we're having testimony before the legislative delegation on the issues on the 15th. MR. OCHS: That's correct, sir. CHAIRMAN NANCE: Okay. So that gives us time to talk about this further. Commissioner Taylor? COMMISSIONER TAYLOR: Okay, I'm in agreement to that. I think it's important that our lobbyists -- I mean, they're here to hear our ideas. What we come to conclusion with the issues that are put before us, will be decided -- COMMISSIONER HILLER: Right. And that's going to be an ongoing negotiation. And the bottom line is this legislation is for the state. And it's not only south Florida. We've got drilling in the north Florida. There are a number of constituencies that will be affected, all of which will have input in this bill. And what we need to do is be actively involved in the negotiations over time and voice our feelings on the, you know, specific elements as they come up as the lobbyists report to us what's going on. I mean, this is active engagement. This is not a static decision. It's not like we say oh, yeah, this is Richter's bill, we endorse it and that's what's going to happen. It's not going to happen. So I really think -- I mean, we've got a good starting point. We had a very healthy discussion. I think staff understands and our lobbyists understand how we feel as a Board. I think -- I mean, like I said, I don't know -- would you like to restate your motion, Commissioner Henning? COMMISSIONER HENNING: You said you can't support it so why should I restate it? Page 104 September 22, 2015 COMMISSIONER HILLER: Well, because if you restated it I would support something that you restate if I found it agreeable. COMMISSIONER HENNING: Yeah, well you're not going to find anything I say agreeable. COMMISSIONER HILLER: I would find many things that you say agreeable. COMMISSIONER HENNING: Let's just agree that we're going to always disagree, okay? COMMISSIONER HILLER: Let's not agree that we're always going to disagree. Because that is such -- COMMISSIONER HENNING: I'll call the motion. COMMISSIONER HILLER: -- an absolutely wrong attitude to have sitting on the Board and being a representative. CHAIRMAN NANCE: Let's vote. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any those opposed? COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Okay, stalemate. COMMISSIONER HILLER: No, the motion fails -- CHAIRMAN NANCE: The motion fails. So -- COMMISSIONER HILLER: -- for lack of majority. CHAIRMAN NANCE: -- let's have another one. How about Commissioner Taylor, you want to take a stab at it? Commissioner Henning, you want to try it again? COMMISSIONER TAYLOR: Commissioner Henning. COMMISSIONER HENNING: No, I stated my motion. CHAIRMAN NANCE: I make a motion that we endorse the legislative priorities that we've discussed and that we bring -- that we Page 105 September 22, 2015 work -- one of us bring back an item to make sure that we confirm our concerns so that we can communicate them to our legislative delegation on October 15th, and let them start working for it on this process. COMMISSIONER HILLER: And if I could ask you to modify that to make yourself the person, because it's your district that has these issues? CHAIRMAN NANCE: I will bring something forward on the next agenda. COMMISSIONER HILLER: And if you could go ahead and take care of that -- CHAIRMAN NANCE: I will -- COMMISSIONER HILLER: -- that's what we discussed at the workshop. CHAIRMAN NANCE: I will work with staff and the County Manager to make sure all the Commissioners' concerns are met and we'll bring forth an item that has enough flexibility so everybody's concerns can be met. I'll change my motion to that. COMMISSIONER HILLER: And I'll second that. CHAIRMAN NANCE: There's a motion and a second. Commissioner Henning? COMMISSIONER HENNING: Yeah, I'm not going to delegate my authority to anybody on the Board. If you've got certain concerns that need to be raised, it needs to be voted on. You know, bottom line is to delegate that, that's the wrong thing to do. COMMISSIONER HILLER: I agree. And the intent is not to delegate it but rather just to have him marshal the information and just bring it back; in other words -- CHAIRMAN NANCE: I will just bring an open-ended agenda item to the Board for everybody's consideration and everybody can contribute. Page 106 September 22, 2015 COMMISSIONER HENNING: So you want to have this process again? CHAIRMAN NANCE: Just on the concerns. The first step is to identify what our -- COMMISSIONER HENNING: It's in front of us right now. What are your concerns? Convey your concerns and be done with it. MR. DURHAM: Mr. Chair, if I may, and this may be helpful. The October 15th legislative delegation meeting, we're already past the cut-off of-- they know that we're going to -- that we have this meeting today and we're going to be submitting our items. And I know this is kind of a procedural process kind of thing. So it would be real good if the Board could at least forget about the bill we just discussed for now and just approve -- COMMISSIONER HILLER: The legislative priorities. MR. DURHAM: -- the legislative priorities. Then we can get that on that agenda and then whatever develops from that will develop, but in the meantime we have a placeholder on their agenda to discuss our items. CHAIRMAN NANCE: I will just change my motion to approve today's legislative priorities. COMMISSIONER HILLER: I'll second it. CHAIRMAN NANCE: Motion and a second. Commissioner Henning? COMMISSIONER HENNING: And you have the ability right now to address some issues specific to bills that have already been filed. Why wouldn't you do that? CHAIRMAN NANCE: Let's vote on this and you can make another motion, how about that? COMMISSIONER HENNING: Okay, what is the staffs recommendation? That's what you're saying, right? COMMISSIONER TAYLOR: The list of priorities. Nothing Page 107 September 22, 2015 about the bill. COMMISSIONER HENNING: What does it say about oil? COMMISSIONER TAYLOR: The very -- number one. COMMISSIONER HENNING: Well, I've got to get to it. Actually, I passed -- MR. DURHAM: Yeah, our item specifically states: To support legislation that improves and strengthens state rules and regulations governing oil drilling activities. COMMISSIONER HILLER: Which is any and all legislation out there. And when we get up there we can pick and choose. I mean, if for example, Bullard's legislation looks like it's prevailing, you know, that's what's going to move forward. COMMISSIONER HENNING: And you really think that's going to happen? COMMISSIONER HILLER: I have no idea. I cannot begin to tell you what's going to happen. I mean, sometimes the state works in mysterious ways and does things you wouldn't expect. And sometimes they don't. Like when they shut down and cut everything off last year. COMMISSIONER HENNING: Well, there's specifics within this bill, and there's one specific thing in this bill that we don't like. I mean, I can't support the motion. COMMISSIONER HILLER: Then don't support it. Can you call the question? CHAIRMAN NANCE: Let's take a vote on it. All those in favor, signify by saying aye. Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER HENNING: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Okay, so we can't approve our priorities. Page 108 September 22, 2015 COMMISSIONER HILLER: So then let me make a motion that we approve all legislative priorities except for inland oil drilling and fracking, which will be approved by separate motion. So at least we can get two through the rest of the list -- CHAIRMAN NANCE: Second. COMMISSIONER HILLER: -- approved. CHAIRMAN NANCE: Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, we've got two, three, four, five -- COMMISSIONER HILLER: Everything. CHAIRMAN NANCE: -- six and seven approved. COMMISSIONER HILLER: Well, and the -- MR. OCHS: The water projects. COMMISSIONER HILLER: -- funding for the water projects. CHAIRMAN NANCE: The water projects. COMMISSIONER HILLER: Just everything that is two down. And now let's address one. CHAIRMAN NANCE: Let's address one. Commissioner Henning, you want to start us off? What do you think we should do? Give us a motion. COMMISSIONER HENNING: I think you ought to wait until Commissioner Fiala gets here. COMMISSIONER HILLER: I think that's a really good idea. Page 109 September 22, 2015 COMMISSIONER TAYLOR: The 13th. COMMISSIONER HILLER: You know, because like on the bonding, for example, I would be more aggressive. You know, I would feel -- COMMISSIONER HENNING: What would you think would be more appropriate? $5 million. COMMISSIONER HILLER: Well, I'll tell you, I would have to study it more closely. But what I thought, when Hughes Oil was here they had posted I believe -- COMMISSIONER HENNING: A million dollar bond. COMMISSIONER HILLER: -- a million dollar bond. And I asked for another million dollar bond on top of that. You remember that, Jeff. So -- and that was for that company for that well. I don't think you can look at it that way, because, for example, if one company has multiple wells, you know, do we want a million dollars, for example, or like $2 million per well? I'm not sure if that's reasonable. I don't know what the right amount is. I think that's something that we have to study. But I know that for Hughes at a minimum based on what we saw as our potential exposure, I thought two million as a starting point to protect us was a good starting point. So, you know, to say 25,000 a day -- COMMISSIONER TAYLOR: It's not enough. COMMISSIONER HILLER: I think -- yeah, I mean, I just -- that's why I hesitate to have a detailed discussion to drive certain points in this bill right now, because I don't want to restrict us. If we find that we want more than what we're saying here, then we've railroaded ourselves into this one corner. And I think we should be more open to monitoring what's going on up there and have our lobbyists come back to us with recommendations as to what direction we should take to make it the best for our community. COMMISSIONER HENNING: Nick -- Page 110 September 22, 2015 CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: -- is it your understanding -- let me give an example. If you have somebody who comes in and wants to build 10 houses, is it going to be one permit? MR. CASALANGUIDA: 10 permits. COMMISSIONER HENNING: What do you think -- do you think DEP is looking at one well? MR. CASALANGUIDA: One permit at a time, sir. COMMISSIONER HENNING: One well. MR. CASALANGUIDA: One well. COMMISSIONER HENNING: What does this language say in this bill about surety bonds? MR. CASALANGUIDA: It loosely talks about a requirement for a surety bond, sir. And it says the bond will be multiplied if the person applying has prior violations. But it doesn't specially cull out a bond amount. I would have to get with Mr. Arcardo (phonetic) to find out what that bond amount is. MR. DURHAM: What it looks like, sir, it's been incorporated into the rule-making piece, so that's going to be something that they're going to do at the rule-making level to determine what a reasonable bond is. And Nick is correct that there's a fivefold penalty under certain circumstances if there's a violation. COMMISSIONER HENNING: Okay. And the fine, is it going from 10,000 to 25,000? MR. CASALANGUIDA: 25 per occurrence, and each day is considered an occurrence. COMMISSIONER HENNING: So those are two separate issues, sir? MR. CASALANGUIDA: Two separate things, sir. COMMISSIONER HENNING: That's what I thought. Page 111 September 22, 2015 COMMISSIONER HILLER: Yeah. MR. CASALANGUIDA: Sir, for a little background, the last year you gave us direction, was to work with our local legislators, to work with DEP as the bill came forward and to report back to the Board. I think that's what we would do, and we would take your feedback each time as the bill developed. COMMISSIONER HILLER: Right. And I think that's what we have to do here. I mean, this is -- you know, there's going to be input from so many different elected officials at the state level. I mean, this is -- you know, what Richter and Bullard are proposing is going to be subject to debate and clearly is going to be subject to change once it gets in committee. It's as it's moving through that debate process that we have to be informed, and that's when we are going to sit there and say okay, as it starts flushing out where we need to hone in on what we think is important that we can get passed. I mean, that's the process. I mean, to sit here and start saying well, you know, Richter, we don't like this, or Bullard we want that, doesn't make any sense at all. And we're not endorsing any specific bill. COMMISSIONER HENNING: Mr. Chairman, are we going to bring this up the next meeting so we can have a two-hour discussion again when Commissioner Fiala is here? CHAIRMAN NANCE: What I would like to do, I would like to definitively make sure that we have inland oil drilling and fracking as our number one priority clearly stated for the upcoming legislative review. I think that's necessary. I hate that we've identified all the rest of them and we haven't debated this one, because -- COMMISSIONER HENNING: That motion failed. CHAIRMAN NANCE: The motion failed. We can't decide how to approach this one. COMMISSIONER HENNING: My question is, are we going to continue this item? And hopefully Commissioner Fiala will be at the Page 112 September 22, 2015 next meeting so we can discuss this a couple more hours. COMMISSIONER HILLER: Can I ask a question? CHAIRMAN NANCE: Would you like to? COMMISSIONER HENNING: We're at a stalemate. COMMISSIONER HILLER: No, we're not. COMMISSIONER HENNING: We don't have any other choice. Or we can discuss it another two hours. MR. DURHAM: Mr. Chair, the lobbyist had a recommendation that may be favorable to the Board. It seems based on the discussion we've had between Board members and the public, we know some areas within this current bill that we would like to see modified or pushed. CHAIRMAN NANCE: Or strengthened. MR. DURHAM: Or strengthened. CHAIRMAN NANCE: Can we decide what those are today? MR. DURHAM: And we know home rule power, possibly penalties, possibly the bond amount, possibly disclosure issues. If we know that this is a number one legislative priority for the county and we know that okay, this is -- Senator Richter's bill is a starting point, but we know that there's areas in it that as the process goes forward our lobbyists would be directed to see if they could strengthen and make improvements as the Board's expressed today -- CHAIRMAN NANCE: So we're going to define concerns that the Board has with our endorsement of this item as our number one priority. MR. DURHAM: That's what I would be hoping, if we can. CHAIRMAN NANCE: Commissioner Henning, would that be -- could you support that? COMMISSIONER HENNING: No, I'd rather do it when Commissioner Fiala is here. And here's why. CHAIRMAN NANCE: Is that timely enough? Is that possible Page 113 September 22, 2015 that we can do that? Is it permitted -- within the time frame? MR. OCHS: Yes, sir, we can have this back on your next agenda. COMMISSIONER HENNING: Here's why. If you say we support this if the majority rules, it's going to carry a lot further than this is where we have our concerns. So -- CHAIRMAN NANCE: Okay. COMMISSIONER TAYLOR: But does this hold? Can we not add this as a placeholder? This is kind of-- I don't mean to be specious, but it's like inland oil drilling and fracking, we want you to be concerned about it, but stay tuned, we're going to tell you after the 13th what we want. COMMISSIONER HILLER: We always do that. I mean, as a bill goes through -- COMMISSIONER TAYLOR: But they need -- we approved two through six. Now all -- now we need to form this -- MR. DURHAM: And what that allows us to do is put it on the regular agenda -- COMMISSIONER TAYLOR: Correct. MR. DURHAM: -- for the October 15th, not the BCC meeting but the legislative delegation meeting. COMMISSIONER TAYLOR: Oh, okay. MR. DURHAM: Not as an add-on -- COMMISSIONER HILLER: But as it -- MR. DURHAM: -- but as a part of their normal -- COMMISSIONER HILLER: Right. CHAIRMAN NANCE: Let's put it on with concerns to be determined. COMMISSIONER TAYLOR: There we are. COMMISSIONER HILLER: Right. And just why not make the motion exactly what's here, which is that the Board of County Commissioners request assistance from the Collier County legislative Page 114 September 22, 2015 delegation, which includes everyone, to support legislation that improves and strengthens state rules and regulations governing Oil Well drilling activities. The BCC agreement with FDEP to jointly develop and support regulatory reforms in this industry is still valid. I mean -- COMMISSIONER HENNING: That motion failed. COMMISSIONER HILLER: Well, we're bringing it back. Because that motion, what I just read, is broad enough to allow us to get it as a priority and to refine the details of what we want to see advanced as it moves through the process. You know, I'm not going to sit here with no information from staff on what's reasonable for penalties or bonding or disclosures and make a determination and limit myself when I sit there and say oh, yeah, we should charge $25,000 when we should be charging $100,000 a day. I don't want us to be limited. It has to start -- the debate has to begin, we have to see where things evolve, we need more information, and then we need to come together with a proposal to encourage our lobbyists to advocate as it goes through the process. CHAIRMAN NANCE: I'm going to -- COMMISSIONER HILLER: And this is a starting point. Look at what happened to us with the biking legislation. I mean, we went in there, we had a whole list of things that, you know, you wanted -- Commissioner Henning wanted to debate because you disagreed with A, B and C. It went through the process. And let me tell you something, what came out was not even close to what went in. Like not even close. COMMISSIONER TAYLOR: But the issue is for our lobbyists COMMISSIONER HILLER: To know what we want. COMMISSIONER TAYLOR: Because Collier County is the Page 115 September 22, 2015 epicenter right now -- COMMISSIONER HILLER: Right. COMMISSIONER TAYLOR: -- of the oil drilling. COMMISSIONER HILLER: You're right. COMMISSIONER TAYLOR: Well, the message that we put forward is going to be a clear indication to the rest of the state of where we stand. So I think it's very important to be very clear on it, understanding it will mutate as we go forward. COMMISSIONER HILLER: You're right. COMMISSIONER TAYLOR: But what -- so I would agree -- COMMISSIONER HILLER: You're right. COMMISSIONER TAYLOR: -- that Commissioner Fiala needs to be here, but I think Commissioner -- our Chairman may want to make a motion. CHAIRMAN NANCE: I will make a motion that we adopt number one as written with the provision that staff bring back an item at the October 13th meeting to define the concerns of the Board as a whole that will be delivered to our legislative delegation on the 15th with specificity. COMMISSIONER HILLER: That makes sense. COMMISSIONER HENNING: Second. COMMISSIONER HILLER: That's exactly what it should be. CHAIRMAN NANCE: There's a motion and a second. Any further comment? COMMISSIONER HENNING: That way these good people come back again. COMMISSIONER HILLER: I just want to, if I can -- this is not part of the motion, but just for discussion. I think what the staff needs to address is bonding penalties, the definition of fracking, disposal of toxic waste, materials -- CHAIRMAN NANCE: We'll have a full-blown discussion. Page 116 September 22, 2015 COMMISSIONER TAYLOR: Chemical -- COMMISSIONER HILLER: And when this should take effect. I mean, those are the highlighted issues that came out of this discussion. And then we can, you know, develop the talking points of how we want to see this lobbied through the session. CHAIRMAN NANCE: Other comments? COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: The penalties are in there. COMMISSIONER HILLER: Yep. Bonding penalties. COMMISSIONER HENNING: The penalty's already in there, in the bill. COMMISSIONER HILLER: The question is is whether we think they're adequate and whether we want to see them bolstered. CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you, Commissioners. MR. DURHAM: Thank you, Commissioners. COMMISSIONER HENNING: I think I'll skip next meeting. UNIDENTIFIED MEMBER OF THE AUDIENCE: Good. MR. OCHS: Mr. Chairman, that would -- CHAIRMAN NANCE: Does anybody know where we are? Item #7 Page 117 September 22, 2015 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Yes, sir. That would move us to Item 7, which is public comments on general topics not on the current or future agenda. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: Mr. Chairman, we have no registered speakers. CHAIRMAN NANCE: We have no registered speakers, Mr. Ochs. Item #10D RECOMMENDATION TO DIRECT STAFF TO PRESENT A STATUS REPORT/UPDATE ON THE OPERATION OF COLLIER COUNTY EMERGENCY MEDICAL SERVICES (EMS). REPORT TO INCLUDE BUT NOT BE LIMITED TO: 1) REVIEW OF PERFORMANCE AGAINST ADOPTED LEVEL OF SERVICE STANDARDS (AUIR); 2) IDENTIFICATION OF AREAS OF NEED ACROSS THE COUNTY, IF ANY; 3) RECOMMENDATIONS ON METHODOLOGIES AND OPTIONS, INCLUDING COST ESTIMATES TO IMPROVE PERFORMANCE AND MEET ADDITIONAL NEEDS, INCLUDING ADDITIONAL RESOURCES AND OPTIONS TO CONTINUE THE BCC SANCTIONED IMPROVEMENT PROGRAM TO CLOSE THE GAP IN SERVICE BETWEEN THE RURAL STANDARD (12 MINUTE RESPONSE TIME — AUIR) AND URBAN STANDARD (8 MINUTE RESPONSE TIME — AUIR), AND 4) IDENTIFICATION OF OPPORTUNITIES FOR INCREASED COORDINATION AND COOPERATION BETWEEN COLLIER COUNTY EMS AND FIRE DISTRICTS — APPROVED Page 118 September 22, 2015 MR. OCHS: Yes, sir, that then, Mr. Chairman, would move us to Item 10.D, and that is a recommendation from Commissioner Nance to take a series of actions related to the Emergency Medical Services operation. CHAIRMAN NANCE: Commissioners, I brought this item forward, and basically it does fully support some of the statements that Commissioner Hiller made, which indicated that we need an evaluation on where we are and what we can do to report and update and improve the delivery of Emergency Medical Services and EMS. And basically what I tried to do is include a number of elements that I thought were important. Actually some of those items are accomplished in our AUIR. But I want to make sure that if we proceed with what the Board voted on earlier, which was proceeding with an interlocal agreement, that some of the issues that have been identified in past items and in the recent discussion across the community have been addressed. And that finally number four was to take a look at where we are with coordination and cooperation between our Collier County EMS and the fire districts. So it's open-ended, it's open for discussion, and I just wanted to suggest that we start gathering information and get a report as we did last year, because I think the result of the report that we received last year was very, very positive. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Leo, can you explain how EMS is funded? Because there are multiple revenue streams and I would appreciate it if you -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- would break those down. MR. OCHS: There's three funding sources: There's fees for Page 119 September 22, 2015 service, there's a general fund component and a small portion of grant revenues. But it's primarily user fees for ambulance transports and a transfer from your general fund. COMMISSIONER HILLER: We don't have a specific tax allocated to EMS? MR. OCHS: No, ma'am, you do not. COMMISSIONER HILLER: And the fees that we charge for ambulance services are structured how? MR. OCHS: Well, I'll let Chief Kopka get into the detail, but they're essentially usual and customary rates that are determined by the industry. Chief? CHIEF KOPKA: Yes. For the record, Walter Kopka, Chief of EMS. We have a contracted billing company, Intermedics, which surveys other ambulance companies throughout the state and country and determines what our rates should be. COMMISSIONER HILLER: And you then rely -- they perform a rate study for us that forms the basis for our rate? CHIEF KOPKA: Yes, ma'am. COMMISSIONER HILLER: So the rate is -- it's an enterprise fund, right, Leo? MR. OCHS: Well, technically it's called an internal service fund. It's supposed to be designed as an internal service fund, which means it doesn't generate all of its operating revenue from the fees, but a portion of it. COMMISSIONER HILLER: So we're not establishing the fee based on the nexus between the cost and what we're charging, or what we should be charging the customer, we're basing it on what's reasonable in Florida? CHIEF KOPKA: Correct. Yes, ma'am. Page 120 September 22, 2015 COMMISSIONER HILLER: Okay. And then so basically the fee doesn't cover 100 percent of the service. CHIEF KOPKA: That's correct. COMMISSIONER HILLER: And then the balance is being subsidized from the general fund? CHIEF KOPKA: Yes, ma'am. COMMISSIONER HILLER: And what we need then is the full analysis that shows what that deficiency is. And then what I need in addition is to understand -- let's say, you know, North Naples isn't granted the COPCN and is unable as a result to get their license renewed by the state. And now we're going to have to provide ALS service to North Naples. And very clearly, we already know that Big Corkscrew is clearly under serviced. So what is the additional cost that the general fund is going to have to provide if that happens? And if we assume that these interlocal agreements are not valid and we would have to pick up the tab because fire is -- you know, this Board has taken the position they don't want to award COPCNs and they don't want to let these fire districts be independently licensed, now we have no mechanism to get additional support. What would it cost us to provide ALS service, ALS paramedic service for the entire county? So one, I want to know what the cost would be just if, you know, North Naples isn't providing it and the additional cost for Big Corkscrew, because it's clearly very short of what it needs. And then what would it cost if EMS had to fund -- had to be funded by the general fund for the entire county. Because we're doing transport for the whole county, right? CHIEF KOPKA: Yes, ma'am. COMMISSIONER HILLER: Okay. So that number is going to stay the same. We need to know gen-- what is the cost for EMS to provide ALS to the county as a whole? Assuming fire doesn't make Page 121 September 22, 2015 any contribution from any district. CHIEF KOPKA: Understand. COMMISSIONER HILLER: That's what I would like to know. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, Chief, I don't want you to come back and embarrass Commissioner Hiller with the information that was provided at this last meeting. Corkscrew is not underserved. COMMISSIONER HILLER: It is. COMMISSIONER HENNING: Because we put extra resources out there. CHIEF KOPKA: Correct. In the Big Corkscrew area we currently meet the level of service standard established by the Board of County Commissioners. COMMISSIONER HENNING: I think it's more important, since we are going to offer North Collier an interlocal agreement to do ALS and they don't accept that, what is it going to cost the county? COMMISSIONER HILLER: Well, they've already made a decision that they're not accepting it ahead of your offer to make it, since they knew it was coming based on what you had on the agenda. So, you know, based on your opinion of reconsideration they won't be able to hear that issue. COMMISSIONER HENNING: Well, that's not even true, because they haven't even -- the fire commissioners haven't even discussed my item on the agenda because they had no knowledge of it. So you're wrong again, you know. We're trying to provide North Collier with a vehicle to do ALS, just like everybody else has. Except for Commissioner Hiller wants something better for North Collier or different than North Collier, because they are different, okay. So based upon the Board's offering to do the same or similar to the City of Naples, the City of Marco Island and other fire districts, Page 122 September 22, 2015 what it's going to cost us if North Collier turns that down. Okay? CHAIRMAN NANCE: Well, this agenda item is in an effort for us to get the information so we actually know where we are, how these relationships are working. We can look at the actual results that Commissioner Kopka (sic) provide -- you know, similar to the way he provided to us last year so we could see. He had some wonderful heat maps that showed us where our need was, and we react to that need. And I think this Board acted very well, and I think we need to take a look at it and see if we want to continue that methodology to improve the system, taken into account the assistance of the fire districts that we have and the relationship that we do have. Because I think that relationship is clearly mandatory and I think it's effective beyond what people generally realize. So I just wanted to get some facts and figures and statistics for the Board to consider. It's nothing exotic. And of course I put in here, you know, a consideration of what it would take to continue to make improvements the way the Board sanctioned last time to close the gap between the 12-minute response time in the rural areas and the eight-minute response time in the urban areas. In some cases we've already made tremendous improvements in that. So I'd just like to see a non-emotional report, gathering of information. It's going to come in a couple of different ways already. It's going to come through the annual AUIR in some respects, and if there's gaps there that Chief Kopka think would be revealing, I'd just like to have staff have an opportunity to present that to us so we can go forward and have a reasoned discussion about how everybody thinks we're doing. I think everybody is going to be pleasantly surprised. But that is the intent of this recommendation, just to direct staff to do such a thing. COMMISSIONER HILLER: Can I? CHAIRMAN NANCE: Commissioner Hiller? Page 123 September 22, 2015 COMMISSIONER HILLER: Thank you. I think bringing forward as much information as possible is a good thing. I think that in addition to what you've listed and what I've said, I would like to see this study that was done that formed the base for our ambulance fees. I want to know why we're charging $1,000 a ride for transport. I'm very concerned about that. And I agree with Commissioner Nance, you know, eight minutes versus 12 minutes. You know, life has the same value whether you're east or west of 951. And I'm very concerned that we have a disparity. The decision to staff is not based on the volume of calls. It is based on response times. And when I look at the disparity between Big Corkscrew and the City of Naples, I'm appalled. And again, it's not a function of how many calls they get in. So I would value, you know, and appreciate any information that could be put before us, because I am very concerned. I've said before, I think we are underfunded. I think that the level of service is not where it should be to save lives. I understand what we have set as a standard. The standard is inadequate to save lives. I think there is a disparity of the level of service within communities, or I should say the -- yes, the level of service between communities, because the disparity exists between the allocation of resources between communities. And again, I don't believe that the solution is to circumvent state statute through interlocal agreements. And I think that has to be evaluated. So thank you for suggesting this. I think it's a good idea to be as informed as possible. And I've asked for this information in the past and I've received it in the past and we're due for an update. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Henning. Page 124 September 22, 2015 COMMISSIONER TAYLOR: Yes. And another piece of information I think would be very interesting to get is how many -- in your calls, it's my understanding that BLS saves lives. That's where many, many, many lives are saved, on the BLS level. And then sometimes it goes to ALS. So I think I need that kind of comparison of how many BLS calls that remain and what goes to ALS and transport. I think that's going to be very important in the data that we get. And I support your agenda item, Chairman. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: I don't know if you're aware, but the National Fire Code, NFPA, calls for a response from the fire departments of four minutes, okay? And they can't meet that. And they've got a lot more resources, they've got a lot more money than we do for EMS and they cannot meet their requirements under the law, or under the guidance of the organization. I'm concerned about what is being said up here, because it's going to be very, very costly. However, you have a speaker that has an alternative to get information that in my opinion is going to serve the public better. So -- and I don't see any other lights on except for the speaker. CHAIRMAN NANCE: You're telling me, Commissioner, that you think that gathering this information is going to be exceedingly expensive? COMMISSIONER HENNING: I know it is. MR. OCHS: You mean the result of that? COMMISSIONER HENNING: The result of it. But anyways, we can pontificate or we could listen to public speakers. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: I had several speakers; many of them have left. I Page 125 September 22, 2015 have one left, Paul Anderson. I do not believe I see him here either, so COMMISSIONER HENNING: Okay, I'm going to ask this gentleman. He's a member of the Public Service Advisory Board. MR. MYERS: Ron Myers, Public Safety Authority, I'm the vice president. I've been working with Chief Kopka and his staff. The new Public Safety Authority is more functional than the last one. And we have been working on performance measurements with the system. Disturbing to me today, if you lose your first responders it is going to have a big impact on your EMS system. It's a cohesive joint EMS system. It's not a single standing-alone system. Because it's going to cost you big time. And it's going to endanger the safety of the public. This is a matrix driven business. We're looking at a lot of things with time on task, what they call unitarization, how efficient you are, you're effective but you're fundamentally inefficient, according to national standards. Your cost per transports, around $908 right now. You're offset from the user fees; I think you're about $10 million a year. And you're subsidizing at around 17 million. We're looking at demand models, deployment plans, staffing models and other components working with staff as well as a functional PSA. We just need some more time. We're getting some traction right now. You do have another couple issues coming up with the COPCN with another private company. And you have the City of Naples that might be applying for one as well. COMMISSIONER HILLER: For a COPCN? MR. MYERS: They have a consultant that went in there recently and highly suggested that they get their own medical director and file for a license as well. Page 126 September 22, 2015 So I don't know if I've answered any of your questions or not. COMMISSIONER HILLER: There's -- MR. MYERS: We're working on a lot of the on-time performance criteria. We have some challenges, no doubt about it. COMMISSIONER HILLER: You're confirming my concerns. COMMISSIONER TAYLOR: But I'm not so sure that the City Council supports that from my -- that was a suggestion. They had a workshop. I'm not so sure the Naples City Council supports -- MR. MYERS: Will buy into it. COMMISSIONER TAYLOR: Yeah, yeah. MR. MYERS: Well, if you're having high performance ALS first responders at no charge to the county and they're self-funding it, that's an asset to the EMS county. COMMISSIONER HENNING: And that's what we have through the ALS program. And -- MR. MYERS: Right now the clock is stopped when the ALS and BLS get on scene, and that's a critical component. COMMISSIONER HENNING: But the most important part is, it's a unified medical procedure that's throughout most of the county. Except for -- MR. MYERS: I'm former president of the American Ambulance Association and I've been in a lot of EMS systems. And this is an integrated healthcare services. It's hard to try to do it self-contained, one service only. You have a lot of integration that has to play into each other in order to save money and save lives. COMMISSIONER HENNING: But you -- in our conversations you thought a study on the demand would be more -- you would serve the public better by finding out where your demand is, that way you can put your assets closer to your demand. MR. MYERS: I come out of the private sector with 40 years. We have a different deployment strategy. Page 127 September 22, 2015 But the demand models here and how you use your AUIR is based on a percentage of population. That is probably an inefficient way to determine your demand model. Demand models have to be figured out by hour of the day and day of the week. Sundays are a lot different than Saturday night. And what zone do you use, north and south, or you can do further sub-directions of the different zones, the hard to reach service areas. And we used the deployment plan that moved our vehicles around before the phone rang 82 percent of the time within a three square mile radius. It's more efficient and it's different than just run your call and go back to your station. COMMISSIONER HILLER: Well, we don't have the resources to do that. MR. MYERS: According -- well, I wouldn't -- COMMISSIONER TAYLOR: Maybe we don't have the resources not to do that. MR. MYERS: Well, there's a lot of national standards and comparisons. We haven't benchmarked a lot yet. And I think in my own personal opinion you need to modernize your government authorization more. It probably won't be a happy labor thing, but -- and I think that you have a fair amount of resources in the system and there's a percentage of hours staffed to hour transports, the number of transports completed. And your time on task is about one hour, so the formula works. And you're running around 12 percent to 13 percent utilization compared to hours staffed. I was always around 35 percent to 40 percent. That won't work here because the county's too big. But it needs to be higher, in my personal opinion. But I think if I had my rathers and I could do it, there's consultants out there that can come in, go through your data and come up with a deployment plan and a demand model that tells you by hour Page 128 September 22, 2015 of the day and day of the week. You have to factor in all your growth rate that's going on and the new housing development. I told the Chief before, I don't know how he keeps up with it. And if you feel like you're always behind the eight ball, it's growing and growing, but you have to staff differently at night than you do daytime. CHAIRMAN NANCE: I also think with the demographic difference we have in Collier County you're going to have to plan different in some areas of the county versus others. I think the need for service varies drastically. MR. MYERS: Absolutely. CHAIRMAN NANCE: And, you know, we haven't looked at that. This executive summary here is for very, very base level of information. Commissioner Henning, I think there's very little in here that's not already going to be generated in the AUIR. But, you know, if you can't support the item, I'd like to know how you would change it to gain your support and meet your concerns. COMMISSIONER HENNING: Well, I -- CHAIRMAN NANCE: I just want to reach a consensus. COMMISSIONER HENNING: No, you're going to get information that I think is going to be just too costly to provide, you know, equal service to the urban area versus rural area. And I just wanted to mention that oh, by the way, the fire department can't meet their requirements. If they could meet their requirements it wouldn't be an issue with the county. Because they would be there in four minutes and we could be there, you know, whenever is appropriate. And Commissioner Taylor said it is all about basic life support and then the ALS. So I'm -- if you want information, that's fine. If you want to give staff direction to change the response time that we have Page 129 September 22, 2015 presently -- CHAIRMAN NANCE: Sir, that's not the -- COMMISSIONER HENNING: I know it isn't. But I'm just saying, that's something I can't support. Because you really need to have all the information before you have -- before you make any changes. CHAIRMAN NANCE: That's all this is a request for, information. Suggestion to gather. And we may look at it and we may say absolutely -- you know, we can't do something. But we might be able to do something that would make a substantial improvement that would at least move the bubble a little bit. COMMISSIONER HENNING: And I'll tell you what would really work to save money is to encourage North Collier to approve an interlocal agreement with Collier County. COMMISSIONER HILLER: Can I make a comment? CHAIRMAN NANCE: Again, that just -- Commissioner Hiller? COMMISSIONER HILLER: Thank you. Thank you very much to the speaker for bringing out those very important points. I'm concerned about what we charge for ambulance services. I'm concerned about the statement that, you know, on the other side of-- you know, basically the east shouldn't have the same level of service that the west has. They pay the same taxes, the service is being funded by the general fund. If I were to tell you that, you know, someone who wants to go swimming in -- at our park on Livingston is going to pay more than to go swimming at the pool in the Estates, I mean, I think there would be outrage to have that kind of disparity. I mean, it's the same service provided to the taxpayers who are paying the same taxes. And we can't be -- we can't treat similarly situated constituents in a disparate manner. I mean, it's unconscionable. We need to do something to change how we are doing business. Page 130 September 22, 2015 The notion that we should try to force an interlocal agreement on an entity and guilt them if they don't accept is reprehensible. It is our duty to ensure we do what is necessary to provide that level of service. And what the state has done as a mechanism is allow for us to approve the COPCN in a public hearing based on evidence presented before us. We can't be arbitrary and capricious in such hearings, we can't make decisions that are not evidence based. We made such a decision; this Board denied a COPCN not based on fact. And as a result our public is at risk. That is unconscionable. So I value the information being brought forward, but in the meantime my concerns about the risk to our public and their safety is at issue in light of the politics that are being played on this matter, and that's wrong. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Henning. COMMISSIONER TAYLOR: The standard between rural and urban is a national standard. It is not Collier County standard. There's an understanding that rural varies from state to state, from district to district. But rural means rural. So we didn't insist on this discrepancy. It's a national standard. And we are free to change that, but that's the gauge or the data that's out there. COMMISSIONER HILLER: These areas are not rural. I mean, these are not rural areas. COMMISSIONER TAYLOR: Well, that's a subjective comment. That's not based on any data except your opinion. That's it. (At which time, Commissioner Hiller exits the dais.) CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, Commissioner Taylor, talking about opinions, it was presented to the Board of Commissioners that districts don't pay all the same taxes. That was Page 131 September 22, 2015 spouted off just a few minutes ago. And in fact it was presented that your district pays the most taxes, followed by District 2, District 1, District 3 and District 5. So there's a lot of statements you're going to find out being said up here that's just not true at all. Where are we at? CHAIRMAN NANCE: I'm going to make a motion to approve. If there's a second, we'll vote on it. COMMISSIONER TAYLOR: I'll second. CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, that passes 3-0. Thank you, we'll see what interesting information we collect. MR. OCHS: Commissioner, we have one more item under Board of County Commissioners and perhaps we're ready for our afternoon court reporter break. CHAIRMAN NANCE: Yes, sir. Item #1 OE THE BOARD OF COUNTY COMMISSIONERS ADD AS A LEGISLATIVE PRIORITY AN AMENDMENT TO THE COUNTY ADMINISTRATOR STATUTE WHICH WOULD END THE DISPUTE WITH THE CLERK WITH RESPECT TO PURCHASING — APPROVED MR. OCHS: This is Item 10.E. It was brought forward by Page 132 September 22, 2015 Commissioner Taylor, asking the Board to add a legislative priority, an amendment to the county administrator's statute relative to the litigation. I know Commissioner Taylor -- COMMISSIONER TAYLOR: Yes, I'd like to speak to that. And indeed, that was -- I didn't put that on, but I've since learned that this is not -- would not be considered a legislative priority. This is a change to a statute which I understand could be brought forward to the legislature at any time. So we don't need to make any kind of deadline which to make it a placeholder. However, in the course of conversation with County Manager Ochs, he did request that this question of changing the words in the statute be a part of the mediation which is taking place on Friday. And I'm more than willing to defer to the County Manager on this. And indeed if it does not become part of mediation, I want to make it very clear, it could become part of the mediation agreement but it doesn't mean it's going to pass. Because, you know, there's a lot of folks up in Tallahassee that have to vote on it. But assuming that it does not become part of the mediation, then I will bring it back. CHAIRMAN NANCE: So you're not making a motion? COMMISSIONER TAYLOR: I'd like to make a motion to continue it. CHAIRMAN NANCE: I'll second it. There's a motion to continue and a second. Who's first, Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: I'll let ladies go first. CHAIRMAN NANCE: Commissioner Hiller. COMMISSIONER HILLER: No, Commissioner Henning had his light on first. COMMISSIONER HENNING: There's another way to -- if the county loses in the court, there's another way to address this locally, Page 133 September 22, 2015 and you won't have to ask the legislators. However, the way this is written, and I'm not sure if this is your intent, what it says here is to strike any contracts. It doesn't have to be approved by the Board or the Commissioners. COMMISSIONER TAYLOR: That will be the overarching roof over it. But then it's incumbent upon each county to write their purchasing ordinance. So what it does is it gives more home rule. COMMISSIONER HENNING: Well, okay. COMMISSIONER HILLER: We already have that. COMMISSIONER TAYLOR: And so then each county would have -- you know, address it accordingly. I did get an email -- COMMISSIONER HENNING: Actually, you want subject to the Board's approval is under M, you want subject to the Board's purchasing policy. Wouldn't you want that? COMMISSIONER TAYLOR: Okay. I mean -- COMMISSIONER HENNING: I mean, if you're going to bring it back, I would say that's something you might want to consider. COMMISSIONER TAYLOR: Mr. County Attorney? MR. KLATZKOW: My understanding this is going to be discussed during the mediation. My other understanding is there's going to be alternative language proposed and we'll see what happens. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: And my understanding is is that we're operating according to Florida statute as it's currently written, as are all the other counties around the state, which is why we're the only ones facing a lawsuit from the Clerk in the history of this legislation. I don't see an issue. And I believe that there's absolutely no need to modify the statute, because what the county is doing and what this Board is doing is legal and is pursuant to that statute. And that statute requiring approval of the Board, which is also required by our ordinance pursuant to the statute and what we do as a matter of Page 134 September 22, 2015 practice, is correct. And what the Clerk is arguing is incorrect. So what will happen is if justice is to prevail we'll see that the County Attorney -- I'm sorry, the County Manager and the county's purchasing agent will prevail in court and the statute will be upheld. CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: And there will be no need for a change. And so this notion that, you know, there -- a proposal has to be made that there be a change is unnecessary. And it's strictly the Clerk, you know, trying to cover for himself because he's in a losing position going forward. CHAIRMAN NANCE: Okay, present there's a motion and a second to continue this discussion of this issue until after the 9/25 mediation. Further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, it passes unanimously 4-0. Mr. Ochs? COMMISSIONER HILLER: And I just want to clarify, the only reason I say this can continue is because while I don't believe there's any need for this statute to change, I'm happy to support Commissioner Taylor continuing to advocate for the Clerk because that's the position she has consistently taken and has been opposed to the County Manager. Page 135 September 22, 2015 COMMISSIONER HENNING: Isn't it time for a break? CHAIRMAN NANCE: It's time for break for the court reporter. We will reconvene at 3:00 p.m. (Recess.) CHAIRMAN NANCE: All right, ladies and gentlemen, we have about a dozen more items to do on today's business list. So Mr. Ochs, let's -- MR. KLATZKOW: Excuse me, you do not -- CHAIRMAN NANCE: Excuse me? MR. KLATZKOW: You didn't have a quorum there for a second. COMMISSIONER TAYLOR: I'm here. CHAIRMAN NANCE: We'll have one. COMMISSIONER HENNING: You have one. COMMISSIONER TAYLOR: I'm here. CHAIRMAN NANCE: We've got about a dozen more issues. Let's move forward with some authority, Mr. Ochs. Item #11B AN AMENDMENT TO CONTRACT #10-5455 "MANAGEMENT CONTRACT FOR THE COLLIER COUNTY AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT PROGRAM" WITH KEOLIS TRANSIT AMERICA, INC. EXTENDING THE TERM OF THE CONTRACT UP TO ONE HUNDRED AND EIGHTY (180) DAYS (OCTOBER 1, 2015 THROUGH MARCH 25, 2016) AND AUTHORIZE THE CHAIRMAN TO SIGN THE COUNTY ATTORNEY REVIEWED AMENDMENT — APPROVED MR. OCHS: Yes, sir, 11B is a recommendation to approve an amendment to your management contract with the Collier Area Transit Page 136 September 22, 2015 Fixed Route and Paratransit Service Providers. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Motion passes 3-0. Item #11C RECOMMENDATION TO AWARD INVITATION TO BID (ITB) #15-6500 TO DEC CONTRACTING GROUP, INC. IN THE AMOUNT OF $1,784,105 FOR RENOVATION OF BUILDINGS AT 3750 ENTERPRISE AVENUE TO ACCOMMODATE THE SUPERVISOR OF ELECTIONS OFFICE AND CENTRALIZED STORAGE, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CONTRACT — APPROVED MR. OCHS: Item 11.0 is a recommendation to award invitation to bid 15-6500 to DEC Contracting Group in the amount of$1,784,105 for renovation of buildings purchased to accommodate the Supervisor of Elections Office and centralized storage and authorize the Chair to sign the contract. COMMISSIONER HENNING: Move to approve, but I do have Page 137 September 22, 2015 a question. CHAIRMAN NANCE: Yes, sir. COMMISSIONER TAYLOR: I'll second it for discussion. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. Follow up with our conversation, did staff take a look at the request by the constitutional officers to make sure things like space -- does it match our space requirements? MR. OCHS: Yes, sir. I confirmed with Mr. Jones who's standing there behind me and you can get independent confirmation if you'd like. But he did indicate to me that we applied the same office space and building conditioning standards for this facility as we do for all others. So it's within our standard, sir. COMMISSIONER HENNING: Thank you. CHAIRMAN NANCE: Any other comments? (No response.) CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Motion passes 3-0. Item #11D RECOMMENDATION TO AWARD INVITATION TO BID #15-6495 IN THE AMOUNT OF $922,200 TO HARN R/O SYSTEMS, INC. FOR THE PURCHASE AND DELIVERY OF NANO FILTRATION MEMBRANE ELEMENTS FOR NORTH Page 138 September 22, 2015 COUNTY REGIONAL WATER TREATMENT PLANT PROJECT NO. 71057 — APPROVED MR. OCHS: Okay. Election Supervisor hardly sat down and she's all done. Very nice. You'll have to teach us that trick sometime, Jennifer. Next item, we have a series of three companion items, Commissioners. These are bid awards. First one is Item 11.D. It's an award of a bid in the amount of$922,200 to Ham RIO Systems for the purchase and delivery of nano filtration membrane elements for our North County Regional Water Treatment Plant. COMMISSIONER HENNING: I'm going to make a motion to approve. And these items are separated out because of staffs understanding that they're going to do direct purchasing and save a lot of money and that's how it is, so -- MR. OCHS: Thank you, sir. COMMISSIONER HENNING: I think it's great. CHAIRMAN NANCE: I will second. Discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: 11.D is passed 3-0. Item #11E RECOMMENDATION TO AWARD INVITATION TO BID Page 139 September 22, 2015 #15-6504 IN THE AMOUNT OF $290,400 TO HARN R/O SYSTEMS, INC. FOR THE PURCHASE AND DELIVERY OF NANO FILTRATION MEMBRANE PRESSURE VESSELS FOR NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT NO. 71057 — APPROVED MR. OCHS: Thank you, Commissioners. Item 11.E is an invitation to Bid 15-6504 in the amount of$290,400 to Ham R/O Systems for the purchase of membrane pressure vessels that will hold the new nano filtration membrane elements. And these are about 22 years old and are due for replacement. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and second. Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: That passes unanimously. COMMISSIONER HENNING: And those are under high, high pressure. CHAIRMAN NANCE: Yes, sir. Item #11F RECOMMENDATION TO AWARD INVITATION TO BID Page 140 September 22, 2015 #15-6502 IN THE AMOUNT OF $1,996,155 TO HARN R/O SYSTEMS, INC. FOR THE "NORTH COUNTY REGIONAL WATER TREATMENT PLANT MEMBRANE REPLACEMENT AND SKID IMPROVEMENTS," PROJECT NO. 71057; AND, AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $1,700,000 — APPROVED MR. OCHS: Then finally 11.F, Commissioners, is award of Bid 15-6502 in the amount of$1,996,155 to do two things: To install the new pressure vessel and filtration membrane elements into our plant and also to purchase and install a series of booster bumps that will make the three phases of treatment for these systems to run much more efficiently over time. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and a second. Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: I would like to make one comment on these three items. And I supported all three items, but I will tell you, we had a situation here where we had a major reconstruction done in our water plant. It was in excess of$3 million. It was done by one responsive bidder. And the discussion was that the responsive bidder was the regional supplier of such an item. Page 141 September 22, 2015 My suggestion in the future is that when we have a major reconstruction and I can see that this has got $2 million worth of installation to basically start at the inlet and replace everything going to the outlet, that we should possibly engage people that offer competing systems. And I know that the incumbent supplier of systems often has an advantage. But I look at it like we just went through with Motorola and Harris where we had two competing people for a similar system, and I believe that sort of methodology has a place in our purchasing. And that when we get to something that's a complete re-do like this that we should employ that sort of methodology. MR. BELLONE: Very good, sir, thank you. CHAIRMAN NANCE: Mr. Ochs? Item #11G RESOLUTION 2015-196/CWS 2015-01: A RESOLUTION AUTHORIZING 1) THE ISSUANCE OF THE COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BOND, SERIES 2015, IN A PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000 TO ADVANCE REFUND A PORTION OF COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REVENUE BONDS, SERIES 2006, TO ACHIEVE DEBT SERVICE SAVINGS OF APPROXIMATELY $1.18 MILLION; 2) A NEGOTIATED SALE OF THE SERIES 2015 BOND PURSUANT TO THE PROPOSAL OF BANK OF AMERICA, N.A.; 3) THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT WITH THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.; AND, 4) EXECUTION AND DELIVERY OF A RATE LOCK AGREEMENT WITH BANK OF AMERICA, N.A. — ADOPTED Page 142 September 22, 2015 MR. OCHS: Commissioners, that moves us to Item 11.G. This is an approval, this is the second reading of an approval. (At which time, Commissioner Hiller returns to the dais.) MR. OCHS: And this is actually the adoption of the formal resolution authorizing the issuance of some refunding revenue bonds in our water and sewer utility that will result in an approximate savings of 1.18 million over the remaining life of the bonds. COMMISSIONER HENNING: And almost a 10 percent savings. Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to approve the item and a second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: It is approved 4-0. A very good news item and my congratulations to everybody in management and budget to do this. It's a wonderful thing. MR. BELLONE: Thank you, Commissioners. A great team effort. Thank you. Item #11H THE ANNUAL PERFORMANCE APPRAISAL FOR THE Page 143 September 22, 2015 COUNTY MANAGER — APPROVED MR. OCHS: Item 11.H is the recommendation to complete the annual performance appraisal for the County Manager. COMMISSIONER HENNING: Move to accept. COMMISSIONER TAYLOR: Second. COMMISSIONER HENNING: Look forward to another year. MR. OCHS: Thank you, sir, as do I. COMMISSIONER HENNING: You got a motion a and a second. CHAIRMAN NANCE: A motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes unanimously. Item #11I RECOMMENDATION TO APPROVE THE AWARD OF RFP #15- PRC-02910 15-6432 "REAL ESTATE APPRAISAL SERVICES" TO SELECTED FIRMS AS SET FORTH — APPROVED MR. OCHS: Item 13.A was previously -- excuse me, I have some more 1 l's. My apologies. Item 11.I, which was previously 16.A.18 on your consent agenda, that's a recommendation to approve the award of RFP for Real Estate Page 144 September 22, 2015 Appraisal Services to selected firms. That item was moved forward by Commissioner Taylor for discussion. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: There's a couple of issues with this item, and the first one would be the fact that there's no set price. I think every contract basically says we're going to negotiate that at the time. So that means that staff is negotiating instead of it coming before and the decision being made here. The other issue is mixing real estate with commercial. Can we not -- you know, appraisal is very special, has a specialty which I understand, you know, residential usually don't appraise commercial and there's different kinds of commercial, et cetera, et cetera. So I'm wondering how we handle it where we at least know what the appraiser is going to be charging and the taxpayers especially know that and that it's the best deal. Instead of it being so -- and I don't mean this in a negative way, but just so involved or hidden within the purchasing and we really don't know what's happening. MR. AHMAD: Good afternoon, Commissioners. Jay Ahmad, your Director of Transportation Engineering Division, for the record. Commissioner, actually this item, the way we're going to procure the services, we -- in the agreement we're going to go out to, out of these 10, solicit three bids from these appraisal firms for every project that we're going to solicit. And they will give us the bid and we will select the lowest bid. The hourly rate will continue. Some of these services that we need will be mediation services, order of taking hearings and court testimony at times. COMMISSIONER TAYLOR: Different -- MR. AHMAD: So that will continue on an hourly basis. But most of the services or the report for appraisals will come to us by a bid and we will choose the low bid. Out of the three. We will go to at least three vendors and they will give us bids and we will chose the Page 145 September 22, 2015 lowest. COMMISSIONER TAYLOR: Okay. So I think the -- and at least in the city there was a process by which you always short-listed different specialties that you wanted to use and you had -- there's a -- it's a state level. I don't know, what is it called, Nick? MR. CASALANGUIDA: CCNA you're talking about. COMMISSIONER TAYLOR: CCNA. So it's kind of the CCNA concept for real estate appraisals. MR. AHMAD: In real estate appraisals we don't have to follow the CCNA, we can actually get a bid, we can get a hard number of the services. Unlike the CCNA, we would have to get the most qualified firm and negotiate with them. And if the negotiation doesn't succeed we go to the second qualified firm. In this case we have 10 qualified appraisal firms and every project that we choose or we have, we will go to at least three out of those 10 qualified firms and we will solicit bids, quotes, for those services. And the lowest bid will get it. COMMISSIONER TAYLOR: All right, thank you. CHAIRMAN NANCE: So Mr. Ahmad, this process is just basically qualifying the firms with which we establish are legitimate firms with which the county is going to do a multitude of business, much like we do with engineering firms, and then if we have a project, we solicit bids from those firms which we have pre-qualified and make sure that they meet all the standards for doing business with grants or perhaps other things? MR. AHMAD: Correct. What this process does, it gives us a pool of 10 firms or 10 vendors for appraisals, and as-needed basis we will go to those 10, we'll solicit from three and get the best price. And with that, we'll give them a work order and proceed. COMMISSIONER HILLER: Motion to approve. CHAIRMAN NANCE: Are you satisfied? Page 146 September 22, 2015 COMMISSIONER TAYLOR: Yeah. CHAIRMAN NANCE: You want to make a motion? COMMISSIONER TAYLOR: All right, I'll make a motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There's a motion and a second. Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: All right, it passes 4-0. Mr. Ochs, I think that takes us to 11.J? Item #11J RECOMMENDATION TO AWARD INVITATION TO BID #15-6479, GILLIG BUS PARTS, TO GILLIG CORPORATION FOR SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) AND NON-OEM PARTS TO MAINTAIN AND REPAIR THE COUNTY'S GILLIG BUS FLEET — APPROVED MR. OCHS: That's correct, Mr. Chairman. Which was previously 16.E.2 on your consent agenda. This is a recommendation to award Bid 15-6479, Gillig bus parts to Gillig Corporation for supply of original equipment manufacturer and non-OEM parts to repair and Page 147 September 22, 2015 maintain the county's Gillig bus fleet. Commissioner Taylor brought this item forward. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Yeah, 16.E.2 and 16.E.3, it's just a question of how can we assure the taxpayers of Collier County that we're getting the best price when the -- I understand the -- when the award goes to a company that in some cases is three times per part what the company that was rejected for, you know, a nonresponsive was. So I guess what I'm asking you, how do we ensure that we're getting the best price in parts? Do we just -- rather than give it to one company, can we just bid it out every time and get the lowest price? MR. CROFT: Commissioners, Dan Croft, Fleet Management Director. I just want to let you know, we do use multiple vendors and we use multiple contracts to maintain our transit buses and our paratransit buses to include the Gillig buses. Gillig, I don't know if you remember, we had -- back in May we had a large parts bids that you approved and Gillig did not bid and neither did International. But that left a hole for us for our OEM parts, our original equipment manufacturer parts, and our proprietary parts. So we went back out to bid. Gillig is the sole source for their proprietary items. They don't have any other -- they do not have any other authorized vendors at all. You have to buy it from them. Basically Wallace is different, a little bit different in the fact that Navistar, who is their mother company, they set up authorized regions for international dealers. And they are the only authorized dealers in that region that can do business with OEM proprietary parts. And so we're looking at that. But to answer your question, we do look at the best value for the taxpayers' dollar. And we buy parts, pro -- I'm sorry, proprietary parts Page 148 September 22, 2015 we have to buy from Gillig and we have to buy from International. But say for International there's parts in there that are common parts. And we might buy from our other parts dealers for our non-OEM, or we might buy from like Tampa Truck Parts, if it's a better deal, and that's what we do. COMMISSIONER TAYLOR: All right, thank you. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Best value could be also service. In other words -- MR. CROFT: That's correct. COMMISSIONER HENNING: -- you might get from this supplier a much better delivery service than the other one. And that is a best value, because depending on the vehicle, it's not in the best interest of the taxpayers for this particular vehicle to be down. However -- MR. CROFT: That's correct. COMMISSIONER HENNING: -- you pretty much are saying Gillig is the sole source. But that isn't what's on the agenda. You have a comparable with two bidders, Gillig and Prevost. MR. CROFT: Prevost is a Canadian company that builds motor homes. And yeah, they can get some of the parts but they cannot get the proprietary parts from Gillig. Only Gillig can sell those. And we can -- those other parts that were bid by Prevost, we can get those from other places also. COMMISSIONER HENNING: Okay, so -- and that's the reason on the spreadsheet that some of Prevost's unit prices is missing, because they're proprietary. MR. CROFT: Yes, sir. COMMISSIONER HENNING: Okay. Well, the executive summary, I think it says it was nonresponsive. COMMISSIONER TAYLOR: Yeah, that doesn't make them Page 149 September 22, 2015 nonresponsive. COMMISSIONER HENNING: It's not nonresponsive, it's just they can't provide it. MR. CROFT: It was -- they said it's nonresponsive because they didn't bid on all of the items. COMMISSIONER HENNING: Okay, what is wrong with having a primary and a secondary contract with Gillig and Prevost? Wouldn't that give you more options to purchase? MR. CROFT: Actually the bid is set up that way for primary and secondary, the secondary being if they're qualified. But they're not qualified to provide the proprietary parts for Gillig. COMMISSIONER HENNING: Well, you've asked for certain information on part numbers. Some of them are provided to you, some of them are not. Mr. Johnson, you want to speak on this? MR. JOHNSON: Sure. Thank you. For the record, Scott Johnson, Procurement Manager from your Procurement Services Department. Commissioner Henning, the Prevost bid was deemed nonresponsive because it could not meet all the grant requirement testing that goes along -- COMMISSIONER HENNING: Oh, the grant? MR. JOHNSON: Yes, sir. They did not provide us the correct DUNS number, they have a federal lien against them for some federal debt, and we've opted to not award to them based on their inability to pass the granting test. COMMISSIONER HENNING: Okay, thank you. MR. OCHS: Sir, if you recall, that was the reason that when Dan first mentioned that Gillig hadn't responded to the bid several months ago, that's because they were having difficulty meeting the federal grant requirements, and that was new information in the bid. And Page 150 September 22, 2015 they've since gotten that all squared away. COMMISSIONER HENNING: Okay. MR. CROFT: That was the same with Wallace. COMMISSIONER HILLER: That answered my question. CHAIRMAN NANCE: Thank you, Commissioner Henning. It answered my question too through the dialogue. I would just like to say one thing: I believe that our purchasing process that relies upon these representative lists to make a determination who's going to give you the lowest price, I believe that those are difficult and somewhat problematic. Now, I don't know on parts -- let's say you had two qualified buyers that didn't have a grant issue and you had a representative list. I only know what my experience was at looking at landscaping, and I could see through something that I knew about how the bidders were manipulating our process. Because what they were doing is they were bidding actually quite high on the items on the representative list that they knew they were going to have to supply a lot of, and they were bidding really low on things that they knew they were unlikely to have to provide. And so what happened is with even waiting on things that -- you know, we might buy 100 of these and maybe only buy one of those but it's on that representative list, what it was doing is it was leading purchasing to a wrong conclusion. So I believe that actually we can spend a little time on these lists and maybe weight them, you know, based on our purchasing experience, and maybe put just a little bit of pressure on these suppliers to not get so creative with the way they bid on some of these items. MR. OCHS: Yes, sir. CHAIRMAN NANCE: But that requires an inside information that certainly I can't -- you know, your staff would be the ones that could maybe make that determination. Page 151 September 22, 2015 MR. OCHS: Yes, sir, I understand where you're going. MR. CROFT: This bid was done something like that in the fact that we took our priority items that we purchased the most and we went ahead and we would put, okay, we want to know how much 16 of those would cost. CHAIRMAN NANCE: Yes, sir, okay. I appreciate that, and I think that's good strategy. Thank you. Is there a motion? COMMISSIONER TAYLOR: So moved. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion to approve 16 -- excuse me, 11.J and a second. Any comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: The motion passes 4-0. 11.K? Item #11K RECOMMENDATION TO AWARD INVITATION TO BID #15-6497, INTERNATIONAL TRUCK PARTS, TO WALLACE INTERNATIONAL TRUCKS, INC., FOR SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) AND NON-OEM PARTS TO MAINTAIN AND REPAIR THE COUNTY'S INTERNATIONAL TRUCK FLEET — APPROVED Page 152 September 22, 2015 MR. OCHS: Mr. Croft just gave the same explanation on the Wallace contract. COMMISSIONER TAYLOR: You don't need to read it. Move approval. COMMISSIONER HENNING: Is it the same -- Scott, is it the same issue with the grant? MR. JOHNSON: No, sir. Scott Johnson for the record. The Wallace folks are the OEM. It's regionally territorial by the manufacturer of the part. Even if we tried to buy it from someplace else, they wouldn't sell it to us. COMMISSIONER HENNING: So sole source. MR. JOHNSON: It is. But in order -- we competed this in order to be compliant with grant regulations, so partially yes -- COMMISSIONER HENNING: So it's the same answer. MR. JOHNSON: Sort of, yes. MR. OCHS: That's the problem, the federal state grant funding requires that you have a competitive process before they'll reimburse. And even when you have a sole source we go through it anyhow so we can tell the grantor agency that we've met the requirements. CHAIRMAN NANCE: We've met the requirements, Mr. Ochs, thank you. COMMISSIONER TAYLOR: Great, thank you. MR. OCHS: Sorry about that. CHAIRMAN NANCE: Is there a motion and a second? COMMISSIONER TAYLOR: So moved. COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. Page 153 September 22, 2015 COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: That passes unanimously. Thank you, it is approved 4-0. Item #16A24 — Added in order to recognize and incorporate a budget amendment omitted on the Consent Agenda RESOLUTION 2015-197: AMENDING THE FY 14/15 BUDGET TO ACCEPT A DONATION OF $110,500 FROM COMMUNITY FOUNDATION OF COLLIER COUNTY TO FUND ADDITIONAL ARTIFICIAL REEFS UNDER THE COUNTY'S ARTIFICIAL REEF PROGRAM, AUTHORIZE EXPENDITURE OF THESE FUNDS, APPROVE NAMING RIGHTS, AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE THE REVENUE — ADOPTED MR. OCHS: Commissioners, before we leave the County Manager's agenda, in speaking with our budget office and Ms. Kinzel who has been very helpful during the break, on 16.A.24 on your agenda this morning, your consent agenda, you approved an item for acceptance of a donation from the Community Foundation for funds for artificial reef program. And we inadvertently omitted the actual -- let me put it on the visualizer -- the resolution authorizing the budget amendment. So if we could get a motion to incorporate this document into the approval of 16.A.24, I would appreciate that, so we could recognize the donation. COMMISSIONER HENNING: So moved. COMMISSIONER TAYLOR: I'll second it. I just want to make sure again that this is only for strictly for the reef and the reef modules. Page 154 September 22, 2015 MR. CASALANGUIDA: Yes, ma'am. Those funds will be put into a project account only for that. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Further discussion? (No response.) CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, we've added the resolution. MR. OCHS: Thank you very much, Commissioners. That takes us to Item 13.A, which was previously Item 16.I.1 on your -- MR. KLATZKOW: 12.A. MR. OCHS: I'm so sorry. COMMISSIONER HENNING: Move to approve. MR. OCHS: Yeah, 16.I.1. It was a miscellaneous correspondence. COMMISSIONER HENNING: No, no, no, you got the County Attorney's. Item #12A ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY — APPROVED MR. OCHS: I'm so sorry. Yes, sir. 12.A, the annual performance Page 155 September 22, 2015 appraisal for the County Attorney. I'm sorry. COMMISSIONER HENNING: Move to accept. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to accept and a second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: It passes 4-0. Now. Item #13A MISCELLANEOUS CORRESPONDENCE — MOTION TO APPROVE WITH A FINDING OF A VALID PUBLIC PURPOSE — APPROVED MR. OCHS: Now we go to 13.A, which was previously 16.I.1 under miscellaneous correspondence. This was moved forward at Commissioner Henning's request. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. Leo, isn't there a $1,000 maximum you can spend on P-cards? MR. OCHS: I'm going to ask Mr. Johnson to refresh our memory here. Page 156 September 22, 2015 MR. JOHNSON: For the record, Scott Johnson, Procurement Manager. Commissioner Henning as a general business rule, yes, it is $1,000. There are limited instances where we will authorize folks to go beyond that limit, but it requires authorization from a member of the procurement management staff to do so. And there has to be a legitimate business case to do so. COMMISSIONER HENNING: Okay, but the purchasing policy on the P-card says -- correct me if I'm wrong, the P-cards are limited to $1,000? MR. JOHNSON: Per transaction. COMMISSIONER HENNING: Per transaction. MR. JOHNSON: As a general operating rule, yes, sir, you're correct. There are instances where the procurement director or designee can either raise that limit or waive it. COMMISSIONER HENNING: That doesn't say that in the purchasing ordinance. MR. JOHNSON: In the manual. And it eludes to it in the ordinance. But yes, sir. There's very limited instances where we do it. COMMISSIONER HENNING: That needs to be -- COMMISSIONER HILLER: Is it in the ordinance? MR. KLATZKOW: If you can give me five minutes, or three minutes, let me pull the ordinance. COMMISSIONER HENNING: The next thing, on these purchases, the Board needs to find a valid public purpose. However, we really don't know what department this is for. And some of these items we don't even know what is being purchased. Likes Staples. Just any of them. You just don't know any of that information. So in order -- PayPal is another one. Publix. If we had a little bit more information, I know that I would feel more comfortable. I would like Page 157 September 22, 2015 to know what department and why. MR. OCHS: Commissioner, we agree. And you used to get that information when you had the, I'll call it I guess the former disbursement report that has now been modified since your summer break. And we in fact had an exchange with the Clerk's Office requesting more elaboration on the purpose and we were told that no, this was the new format and this is the way it's going to be. COMMISSIONER HENNING: Well, sorry. Yeah, we've got to get beyond it. Because, I mean, the bottom line is we just need more information in order to approve it, okay? MR. KLATZKOW: To answer your question, Commissioners, the purchasing ordinance provides that a single transaction of$1,000 per card unless otherwise authorized by the purchasing director. MR. JOHNSON: Correct, Section 27. COMMISSIONER HENNING: There has to be a policy for the purchasing. Some of these transactions are $4,000. MR. JOHNSON: Correct. COMMISSIONER HENNING: Three times the amount. There has to be some kind of guiding principles for those kinds of expenditures. MR. JOHNSON: There is. We look at each one of them on a case-by-case basis. Conference registration. In some instances we'll do it for purchasing specific items where they will only take a P-Card, they will not take a purchase order. Each one of those items -- for instance, travel as well. If the total amount of the stay exceeds $1,000, we look at each of those independently and each instance, and they're all vetted through our office. So if you have had a $1,200 conference registration that's been approved by the department director and the division administrator as an acceptable training conference, then we will raise it for a period of time to allow them to register for their conference and then the limit immediately drops back down to below Page 158 September 22, 2015 $1,000 -- to $1,000. It is a very limited window of time. And they commit in writing to when they're going to complete the transaction and when their limit comes back down and we have their department director along with in many instances the division administrator's authorization and knowledge of the matter to do that. CHAIRMAN NANCE: I just have one question and then I'll go to Commissioner Hiller. When somebody makes a purchase on a P-card and the receipt comes back, it's obviously coded so somebody knows what account -- MR. JOHNSON: Yes, sir. CHAIRMAN NANCE: -- is bearing that and somebody is approving that. MR. JOHNSON: Yes, sir. CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. With respect to the report that we receive, we need to receive from the Clerk what we received before for obvious reasons. For example, the Clerk needs to make his own determination as part of the legality audit that the expenditure was used as part of a public purpose. Not necessarily the validity of the public purpose, but that it was used as part of a public activity. And so I don't see how the Clerk is doing his audit if he's not noting that it was used as part of a governmental activity. It's up to the Board to make a determination if that was a valid public purpose based on how we set policy. And that obviously is a discretionary determination. So I don't understand why the Clerk isn't giving us the report that he was giving us previously. He should. And then, you know, we can review that and ask further questions based on what we see, you know, whatever is necessary for us to make that determination that a valid Page 159 September 22, 2015 public purpose is served and approve it for payment ahead of payment by the Clerk. So, I mean, I would like to suggest that Leo, you go back and tell the Clerk that he needs to produce what was produced before, because he needs to do it for himself and we need it for us to be able to ensure that he has done his legality audit correctly. And I say legality audit because that's what people have been referring to as the pre-audit. But the pre-audit can, you know, continue 'til after the transaction is done, and it goes to the legality of the expenditure which is the scope of his audit power. MR. OCHS: Mr. Chairman, if it pleases the Board, what I can do is put an item on your next agenda. CHAIRMAN NANCE: To request it. MR. OCHS: For the Board to make whatever request of the Clerk he would like in terms of management reporting. COMMISSIONER HILLER: Well, I mean, it's part of our contract. He's supposed to provide the report that we need in order to be able to do our end of the business. And he has to, you know, do his pre-audit/legality audit ahead of our determination. We can't make a determination because we're not doing the audit, we're relying on his audit. And then we evaluate based on our policy, whether it's valid. CHAIRMAN NANCE: Are there three nods on here, Commissioner -- Commissioner Henning, let's discuss this further. COMMISSIONER HENNING: I want to make sure there's no BS is what is being said. Do we have a contract with the Clerk? COMMISSIONER HILLER: We do. MR. OCHS: We have an interlocal agreement for services. COMMISSIONER HILLER: That is actually called a contract. It's a contract for services. And in that contract we state that he is to provide us with the reports we need to be able to make our decisions. COMMISSIONER HENNING: And -- Page 160 September 22, 2015 CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Leo, you're going to provide us what they provided in the past? MR. OCHS: Yes, sir, I can do that. What I thought I might do is just prepare an item that has an example of how you received the report prior to your break, and I'll reference it if you'd like and attach the interlocal agreement so you can see the scope of services and decide for yourself how you want to request the service from the Clerk on this item. COMMISSIONER HENNING: Well, and you need to make sure that you need to give the Clerk enough information so they can provide it to us. MR. OCHS: Yeah, will do. I'll talk to Ms. Kinzel and make sure that she has everything that I'm going to prepare for you. CHAIRMAN NANCE: Would a Board member like to make a motion to that effect? COMMISSIONER TAYLOR: I'd like to hear from Ms. Kinzel. She's from the Clerk's Office. CHAIRMAN NANCE: Ms. Kinzel? MS. KINZEL: Commissioner Nance, just one thing for the record. The report that's being provided to you now is very specific to the litigation that we're moving forward to. And it was an agreed upon procedure as to the way we were presenting that information for the interim period until we can settle the litigation. So I think we'll move forward after that, and it would be based upon what's resolved. CHAIRMAN NANCE: So what you're telling me is that the Clerk is unwilling to provide us the report on the earlier format? COMMISSIONER HILLER: No. MS. KINZEL: No. Commissioner Nance, what I'm saying is that we're providing you the disbursement list under 16.J. That's similar to Page 161 September 22, 2015 the list that we were providing you previously. That is for entering into the minutes of the record of the Board the disbursements. And it's very specific to statute and it does include a purpose column, okay. So in 16.J you have the disbursement list with a purpose, which is what we were providing before. We're now providing an additional list on 16.I according to the litigation. And Commissioner Hiller continues to say that the Clerk has to provide the Board a valid public purpose before we disburse the money. In fact the Board needs to determine valid public purpose before the invoice comes to the Clerk. And in fact, you know, there are minutes from before where it makes more sense to create a valid public purpose. You approved many, many contracts today on the Board's agenda. And that determines a public purpose. That's before the money's spent. That's the appropriate time to determine whether or not the money should be spent. But that will be for litigation. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Your statements are incorrect, Crystal. To begin, the report that was generated, as you properly say but do not do, in addition, is in effect a check register. Because what was agreed to as part of that motion was that you would generate in effect the listing of disbursements after approval so we could have the assurance that you in fact paid the vendors that you were refusing to pay. The issue is that the report -- and by the way, that check register which needs to be submitted to us that was agreed upon pursuant to the settlement of that motion is required by statute, and you never did it prior. You failed to do what the statute required. You failed to do -- what was it, 136.06? Leo, was it 136.06 or 136.07 that required the check register be produced to the Board after disbursement is made? MR. OCHS: I believe it's 136.06. Page 162 September 22, 2015 COMMISSIONER HILLER: Right. So if it's 136.06, prior to that court hearing you were not doing what was required by statute. And what you were providing us is what we need in order to make our determination that a valid public purpose is being served. The Clerk doesn't determine whether it is as valid public purse. The Clerk, as part of his pre-audit makes a determination that a public service was served by the expenditure that is being brought before the Board for approval for payment. And then the Board uses its discretion, based on its policy decisions, to make a determination that a valid public purpose was served, and then we approve for payment. Then you pay and then you deliver the check register to us pursuant to 136.06. MS. KINZEL: Commissioner Hiller, I know you continue to espouse that at every meeting. We'll just have to agree to disagree and hopefully the mediation will revolve some of these issues. CHAIRMAN NANCE: Okay, so where are we with your concern, Commissioner Henning? COMMISSIONER HENNING: Yeah, Crystal, maybe you ought to ask Dwight to provide an executive summary on what Item J is, okay? And -- 16.J -- CHAIRMAN NANCE: 16.J.3? COMMISSIONER HENNING: Yeah. So we don't have to go through this over and over. Hopefully. I don't know. COMMISSIONER HILLER: That's the check register pursuant to 136.06. It is not the report that comes to us ahead of our approval. MR. OCHS: I believe this is a -- COMMISSIONER HILLER: And we need the list of expenditures that have not yet been approved by the Board that have been pre-audited by the Clerk for legality. You know, the determination that it was a budgeted amount, the determination that it was used for a public purpose, the determination that it was procured either according to local purchasing ordinance or Page 163 September 22, 2015 according to state purchasing. COMMISSIONER HENNING: Never mind, Crystal. COMMISSIONER HILLER: That's Alachua and -- COMMISSIONER HENNING: We're not going to get anywhere. So Leo, do you want me to make a valid public purpose that these expenditures are a valid public purpose with a motion to approve? COMMISSIONER HILLER: No, we need the report. We need to see that it was pre-audited. MR. OCHS: Commissioner, I would say that your purchasing ordinance requires that prior to payment that this Commission finds that all expenditures serve a valid purpose before they're authorized for disbursement by the Clerk. And I don't see where that is happening. COMMISSIONER HENNING: That's where you want me to say -- on this one I'm going to make a motion to approve and also find that it is a public purpose for these expenditures. COMMISSIONER HILLER: We can't do that because we don't have the information -- COMMISSIONER HENNING: No, wait a minute, I'm asking -- MR. OCHS: It would be a finding public -- a finding of valid public purpose. COMMISSIONER HENNING: Okay, I'm going to make a motion to approve and within that motion that the Board makes the findings that these are serving a valid public purpose. MR. OCHS: Sir, yes. But that would only -- it only applies to this limited sample. There's other expenditures that the same condition applies to that I'm not seeing on the agenda. That's why -- COMMISSIONER HENNING: Because we've already made a valid public purpose through the contracts -- COMMISSIONER HILLER: No. COMMISSIONER HENNING: -- that we approved. Page 164 September 22, 2015 MR. OCHS: I understand that argument. All I'm saying is that the format under which you approved all expenditures on one document prior to your summer break is no longer being generated and provided on every agenda as it has in the past. And how this got started was the Board was moving towards an item for the next meeting where you could make a request of the Clerk for exactly what types of management reports you wanted. COMMISSIONER HENNING: Focus. MR. OCHS: I am. COMMISSIONER HENNING: We're talking only about this issue, and I'll work with you on the rest of it. MR. OCHS: Okay. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. The reason why Ms. Kinzel and what Commissioner Henning are saying with respect to no need for approval by the Board prior to disbursement of the finding of a valid public purpose since the contract was deemed to serve a valid public purpose and therefore we're done is completely incorrect. Because if-- COMMISSIONER HENNING: That's not on the agenda. COMMISSIONER HILLER: It is on the agenda because it goes directly to this issue. COMMISSIONER HENNING: It's not on the agenda. COMMISSIONER HILLER: Yes, it -- excuse me, I have the floor. COMMISSIONER HENNING: Leo and I are going to work on that. COMMISSIONER HILLER: Point of order. CHAIRMAN NANCE: Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Thank you. The point being is that if what is done afterwards isn't done for Page 165 September 22, 2015 example pursuant to what the agreement is, then very clearly it doesn't serve the valid public purpose intended by the contract that was entered into. And therefore it is absolutely essential that we, after the Clerk has audited and made a determination that a public purpose was served which has to be first determined, that we make the determination that in fact was valid. And approving the contract ahead and not validating that what was agreed to in fact was done as contemplated to serve the end that is intended to be served by our policy cannot be satisfied by a determination with the contract approval as opposed to ahead of payment when the service or the goods were rendered. So that is absolutely incorrect. And I personally as a member of this Board cannot sit here and approve payment. And by the way, Leo, this list that's being presented, this list is a list of disbursements already made that have not been preapproved by the Board for payment and valid public purpose? Because I'm not going to ratify that after the fact. That becomes the Clerk's liability. We are not in a position to ratify exempt under exigent circumstances pursuant to statute. So I don't know what we're dealing with in this issue. MR. OCHS: I will defer to Ms. Kinzel. COMMISSIONER HILLER: What is this? MS. KINZEL: Commissioner Hiller, I am glad that you agree that you need to determine a valid public purpose before we make the disbursements. These -- COMMISSIONER HILLER: But you need to make a determination that -- MS. KINZEL: Excuse me. COMMISSIONER HILLER: -- there is a public purpose. MS. KINZEL: Excuse me, I was asked the question. Mr. Chairman? Page 166 September 22, 2015 CHAIRMAN NANCE: Ms. Kinzel, please continue. MS. KINZEL: Thank you. These items that are on 16.I have been vetted according to the agreement we have stipulated, and they are being put on the agenda for you to determine the valid public purpose and approve them prior to disbursement. These have not been paid yet. These are open items. COMMISSIONER HILLER: So these are -- is this list the same as the previous list? What's the difference between this list and -- so this is not the check register, this is not a list of checks. They haven't been paid electronically or in any other way. Okay, so these are unpaid invoices. You've done your pre-audit on them? MS. KINZEL: Yes, Commissioner, we have. COMMISSIONER HILLER: And you've tested for budget for procurement according to the law and for a determination that this was an expenditure that served a public purpose, that it was -- not valid but that it was used in a governmental function? Did you make that determination? Because that's the three-prong test for legality of the pre-audit, according to Alachua. MS. KINZEL: We do that. With this item under litigation, I'm really hesitant to respond. This has been vetted with the pre-audit of the Clerk as we pre-audit. So yes, it has. COMMISSIONER HILLER: One of the elements of pre-audit per Alachua is the determination that the expenditure served a public purpose. Did you test to make a determination that these expenditures were expenditures made during a governmental -- Collier County governmental activity? MS. KINZEL: Commissioner, we rely on the Board's first and primary determination of a valid public purpose before we make that assessment. That's why these are coming back to you now for you to approve that and then they will subsequently be disbursed. COMMISSIONER HILLER: No, ma'am. Page 167 September 22, 2015 MS. KINZEL: We cannot determine a valid public purpose without the preliminary approval by the Board. COMMISSIONER HILLER: No, ma'am, that's not correct. You're not determining a valid public purpose. You're making a determination that the expenditure was incurred during a governmental activity. And then we make the determination that it's valid. And it cannot be -- you cannot rely -- your audit cannot be based on our approval that a contract will serve a public purpose. CHAIRMAN NANCE: Okay. I don't believe that we are going to come to any agreement on this. Therefore, Commissioner Henning, is there a motion? You wanted to talk about this. Would you like to make a motion of some sort? Because we need to move forward one way or the other on this. COMMISSIONER HENNING: I did. I did make a motion. CHAIRMAN NANCE: And your motion? Please repeat it. COMMISSIONER HENNING: My motion is that the Board of Commissioners finds these expenditures to be a valid public purpose, and the motion is to approve. CHAIRMAN NANCE: Is there a second? COMMISSIONER TAYLOR: I second that. CHAIRMAN NANCE: There's a second. There's a motion and a second. Commissioner Hiller, I agree you're in dissent. Let's -- COMMISSIONER HILLER: Let me explain what the issue is. CHAIRMAN NANCE: I understand ma'am, we just -- you're going to have to vote against it. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Opposed? Page 168 September 22, 2015 COMMISSIONER HILLER: I have no -- COMMISSIONER HENNING: I've got a question. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Hiller, is this your legal opinion? COMMISSIONER HILLER: It's my opinion as a County Commissioner sitting on this Board familiar with our purchasing ordinance and familiar with the statutes that govern all of us, that we all have a duty to be familiar with. COMMISSIONER HENNING: I agree with the majority. COMMISSIONER HILLER: I'm sorry? COMMISSIONER HENNING: I agree with the majority. Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. Those opposed? COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: It passes 3-1. I don't believe we're going to resolve anything. We have mediation on this next Friday. Let's see if we can put some of this to rest at that time. I don't think we can do any better than that. Mr. Ochs? MR. OCHS: Mr. Chairman, and again, at the risk of belaboring this, but for full disclosure you have a related item of 16.J.3 that you approved under your consent agenda for the balance of your expenditures. COMMISSIONER HENNING: You want me to make an after-the-fact motion that the Board finds these to be a valid public purpose? MR. OCHS: The problem with these is I believe the disbursements have already been made. So that's a continuing problem Page 169 September 22, 2015 for your compliance with your ordinance. CHAIRMAN NANCE: And that's why we're in litigation. That's why we're in this mediation. So I don't think we should belabor this any further. Let's move on to item 15, Mr. Ochs. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, sir, that's Commission and Staff Communications. Just a couple of quick items, Commissioners. This is again your reminder of your upcoming workshop schedule. Your next one is on October 6th. That should be a full agenda. And then you have a workshop scheduled for November 3rd as well. The only other item I have, Commissioners, is just to verify, because of the early start of the legislative session this year, which will start in January instead of March, your legislative delegation meeting is moved up into October. Usually that's the week of Thanksgiving, the Tuesday of Thanksgiving, and traditionally the Board has not met more than once in November. I just want to confirm that the Board still wishes to meet just once in November. You have that other Tuesday available because it's still the week of Thanksgiving, of course, but you're not encumbered by the legislative delegation meeting any longer, so -- CHAIRMAN NANCE: Comments from Board members. Does anybody feel like we have an attendant need to have an additional meeting in the month of November? COMMISSIONER HENNING: Yes. COMMISSIONER TAYLOR: I think we should. COMMISSIONER HILLER: No. Page 170 September 22, 2015 CHAIRMAN NANCE: Commissioner Henning, would you like to elaborate? COMMISSIONER HENNING: I don't know, what do you think, Leo? MR. OCHS: I serve at the pleasure of the Board, sir. COMMISSIONER HENNING: I want your opinion. I probably will agree with you if you say it's not necessary. I can handle that. MR. OCHS: Yeah, historically it has not been necessary. But I just wanted to give the Board the opportunity, given the change in the anomaly in the schedule this year. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: One of the reasons why I think periodically not having that second meeting is important is to allow staff the opportunity to catch up. Because when staff has to prepare for these Board meetings, it also is -- they've got these time constraints that take them away from other projects. And so I think not to have the pressure on staff for one Board meeting also at a time when you have holidays and family and so forth gives staff the opportunity to focus on those projects and get caught up. And I think you need that time. I think it's really critical. Because we put a lot of demands on you with respect to the agenda. And the agenda is always voluminous and takes a great deal of effort to compile. And if we can avoid that process to allow you the opportunity to focus on whatever that backlog is, I think it's extremely important. It's not for our benefit, it's for your benefit. Because I'm happy to be here. I'd be happy to be here every week if you want me here every week. But I think it would put an undue burden on the staff to process stuff. MR. OCHS: Thank you. I just wanted to raise it real quickly. I have my answer, we're good to go. Page 171 September 22, 2015 That's all I have, Mr. Chairman. CHAIRMAN NANCE: No comments. Comments from Commissioners. Commissioner Hiller? COMMISSIONER HILLER: So does that mean we are or we're not? MR. OCHS: No, we're not. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Commissioner Henning, do you have any final comments, sir? COMMISSIONER HENNING: No, thanks. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I do, but I want to think about -- so just -- CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Nothing. CHAIRMAN NANCE: Commissioner Taylor has nothing. I thank everyone for remaining late in the day on an agenda that I thought was going to perhaps finish early. COMMISSIONER TAYLOR: The perennial optimist. CHAIRMAN NANCE: I am. Commissioner Hiller, the floor is yours for -- COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: -- the last comment, ma'am. COMMISSIONER HILLER: Yeah, I would like to ask, is it possible to upload the videotape of the Board meetings faster than 24 hours? Like for example, would we be able -- and I'm not sure if there's an editing required. But like, for example, could the morning session be uploaded by early afternoon and could we upload the back half by the early evening? Is there a reason we have to wait to the next day for the meeting to be uploaded? Page 172 September 22, 2015 MR. OCHS: I'm looking at Mr. Miller. MR. MILLER: Troy Miller, your Manager, Television Operations. That's a contract that the county has with a company called Granicus that does the service for us. Those code rates are set by them. The only thing I can think of off the top of my head that might make it faster is if I actually split the meeting into two separate recordings. I'm -- COMMISSIONER HILLER: And that's exactly what I -- MR. MILLER: And it will appear on the archive then as two separate -- COMMISSIONER HILLER: That's okay. MR. MILLER: -- entities. COMMISSIONER HILLER: And one of the reasons I think it's really important, because what happens is, you know, people want to know what happened in the morning during the course of that same day. And if for example something happens in the morning and they'd like to come for public comment, I want them to be aware of what happened and they may not have the opportunity to watch. You know, just things like that. But, I mean, if you could split it and upload it, I think that would be great. MR. MILLER: I do want to caution you that even if I split it, let's say the morning session goes three and a half hours, that's still going to be probably about an hour and 45 minutes to two hours after I stop the recording before it's available. So that would be any time like 1:30, 2:30 in the afternoon. COMMISSIONER HILLER: That would still be -- MR. MILLER: So I don't know if it would accomplish everything that you're looking to do, but -- COMMISSIONER HILLER: Well, I think it would be Page 173 September 22, 2015 beneficial. I think if we could upload the first half by let's say 2:00 and then upload the second half by 7:00 as opposed to the next day, I think that would be a good thing. It would be a good thing I think for media to be able to report and, you know, to reel back, you know, if reporters are out working on other projects and may not have had the opportunity to watch to get the information out timely, then they could sit in their office and, you know, watch the morning tape or in the evening watch the afternoon tape and get it out into the public forum faster. I mean timeliness is important. If you can do it, I'd like to see it. MR. MILLER: I do want to make it clear to you that I'm giving you estimates of-- COMMISSIONER HILLER: Yeah, yeah, I understand. MR. MILLER: -- time. Internet speed, Internet traffic, all kinds of things enter into the equation. COMMISSIONER HILLER: Could we play with it and see? MR. OCHS: Well, what's the consensus of the Board? We can certainly -- COMMISSIONER HENNING: Why are we micromanaging what staff does? COMMISSIONER HILLER: It's not micromanaging, it's asking if it's -- COMMISSIONER HENNING: It's absolutely unnecessary. COMMISSIONER HILLER: -- poss-- oh, no, it's not micromanaging. It's asking if we can provide a service in a more timely basis to the public for the benefit of the public. And if we can do something at no additional cost to make information more readily available, we should do it. And if we can help the reporters get information faster so it can actually be reported, you know, timely to allow the public to know what's going on, there are a lot of important issues that I think they would value knowing faster. Page 174 September 22, 2015 COMMISSIONER HENNING: Yeah, it's a political issue. COMMISSIONER HILLER: It's not a political issue. COMMISSIONER HENNING: I'm not in favor of changing that. MR. OCHS: Commissioners, we'll take a look at that and do what we can. COMMISSIONER HENNING: Did you get a consensus? CHAIRMAN NANCE: We have live streaming of this meeting remotely. We have people who can come in here. I don't know what we're going to gain -- COMMISSIONER HENNING: You replay it. CHAIRMAN NANCE: -- six hours or something? I think we're making people go crazy to gain, I don't know what -- COMMISSIONER HILLER: No, it's to get it out for let's say the nightly news or the afternoon news. If-- you know, they have to wait 'til the next day. Like I said, I mean, the information is there. If it can be done at no additional cost and it can be done simply, then why not? I mean, why not make it available so that they can report it on the 5:00 news and the 11:00 news as opposed to -- COMMISSIONER HENNING: They're still going to get it wrong anyways. COMMISSIONER HILLER: It's just -- COMMISSIONER HENNING: You don't -- COMMISSIONER HILLER: -- a thought. COMMISSIONER HENNING: -- consensus. COMMISSIONER HILLER: Well, I can ask for information, and I'm asking for the information. And I don't think a consensus is needed. And if I can get the information and I find out it can be done reasonably and simply and quickly and it's not a big deal, I'll bring it back to the Board. CHAIRMAN NANCE: That's fine. COMMISSIONER HILLER: Thank you. Page 175 September 22, 2015 CHAIRMAN NANCE: Anything else? COMMISSIONER HILLER: Yes. I want to make a point that, you know, today we passed the ordinance on human trafficking. And now, you know, these establishments as of the beginning of the year that I mentioned this morning, the emergency rooms, the adult entertainment facilities and the massage parlors will be required to have that notice. And I want the media to report that. I want the media to let everybody know that human trafficking is a big problem, that there is a hotline, and that the state and the county through the Sheriffs Office is requiring the posting -- COMMISSIONER HENNING: You listening? COMMISSIONER HILLER: -- of this -- you know, this is not a joke. I don't know what you think human trafficking is, but I will tell you, this is a very significant issue and we have -- COMMISSIONER HENNING: Greg wasn't listening. I just wanted to make sure he was listening. CHAIRMAN NANCE: Okay, okay. COMMISSIONER HILLER: We have women and children and young men who are being victimized by this in the most horrific way. And getting the word out to educate the public and letting them know what the crime is and what the 1-800 number is is something we have to do. That is what came out of that human trafficking task force meeting. People do not understand what it is. And it is horrific. And we really need, you know, a community level initiative to bring this information out. Most people don't understand what human trafficking is. It is not prostitution. COMMISSIONER HENNING: Motion to adjourn. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to adjourn. Hearing no further business for the good of the county, we will call ourselves in adjournment until next time. Thank you all. Page 176 September 22, 2015 **** Commissioner Henning moved, seconded by Commissioner Taylor and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted Item #16A1 RESOLUTION 2015-181 : FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VIA VENETO APPLICATION NUMBER AR- 9668 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY — LOCATED WITHIN THE WENTWORTH ESTATES PUD Item #16A2 RESOLUTION 2015-182: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MOORGATE POINT, APPLICATION NUMBER AR-7618 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY — LOCATED WITHIN THE LELY RESORT PUD Item #16A3 EASEMENT AGREEMENTS FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 119RDUE), A DRAINAGE EASEMENT (PARCEL Page 177 September 22, 2015 119DE) AND A TEMPORARY BRIDGE CONSTRUCTION EASEMENT (PARCEL 119TCE) REQUIRED FOR THE CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE CYPRESS CANAL. (TRANSPORTATION BRIDGE REPLACEMENT PROGRAM PROJECT NO. 66066.10.3.) ESTIMATED FISCAL IMPACT: $9200 Item #16A4 RESOLUTION 2015-183 (DEEDS) AND RESOLUTION 2015-184 (EASEMENTS): THE CONVEYANCE OF NINE PARCELS IN FEE SIMPLE AND APPROVE THE ASSIGNMENT TO AND ASSUMPTION OF THREE EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, ORIGINALLY ACQUIRED BY COLLIER COUNTY FOR ROADWAY AND RELATED IMPROVEMENTS ON DAVIS BOULEVARD (SR 84) FROM RADIO ROAD TO COLLIER BOULEVARD, AND APPROVE THE REQUIRED RESOLUTIONS TO EFFECTUATE SUCH CONVEYANCE TO THE STATE. (PROJECT NO. 60073) ESTIMATED FISCAL IMPACT: NONE Item #16A5 AN EASEMENT AGREEMENT FOR THE ACQUISITION OF A DRAINAGE, ACCESS AND MAINTENANCE EASEMENT (PARCEL 104DE) REQUIRED PURSUANT TO COLLIER COUNTY ORDINANCE NO. 07-54 (A/K/A "TREE FARM MPUD" ORDINANCE) PROJECT #60132. (ESTIMATED FISCAL IMPACT: $100) — THE DEVELOPER OF TREE FARM MPUD IS REQUIRED TO ACCEPT AND TREAT STORMWATER FROM Page 178 September 22, 2015 50% OF THE IMPERVIOUS AREA OF THE PROPOSED EXTENSION OF COLLIER BOULEVARD Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR LIFESTYLE CENTER AT TREVISO BAY, PL20130000555, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $16,288.20 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS COMPLETED ON AUGUST 17, 2015 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A7 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $24,230.13 FOR PAYMENT OF $10,000, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FEDERAL NATIONAL MORTGAGE ASSN., CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20140005429, RELATING TO PROPERTY LOCATED 612 AT CHARLEMAGNE BLVD., COLLIER COUNTY, FLORIDA — VIOLATION FOR A BROKEN ALUMINUM PANEL FROM A CARPORT ROOF BLOWING AROUND IN THE YARD THAT WAS BROUGHT INTO COMPLIANCE ON APRIL 15, 2015 Item #16A8 Page 179 September 22, 2015 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $87,880.29 FOR PAYMENT OF $530.29, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FRANK PAZ, CODE ENFORCEMENT BOARD CASE NO. CEAU20110005919, RELATING TO PROPERTY LOCATED AT 125 2ND STREET NE, COLLIER COUNTY, FLORIDA — VIOLATION FOR AN UNPERMITTED FENCE THAT WAS BROUGHT INTO COMPLIANCE ON JUNE 28, 2014 Item #16A9 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $129,512.47 FOR PAYMENT OF $6,712.47, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. RAFAEL R. GUTIERREZ AND CANDIDA A. GUTIERREZ, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CESD20110010453, RELATING TO PROPERTY LOCATED AT 2497 55TH STREET SW, COLLIER COUNTY, FLORIDA — VIOLATION FOR NOT OBTAINING A CERTIFICATE OF COMPLETION ON A PERMIT FOR A WOODEN FENCE THAT WAS BROUGHT INTO COMPLIANCE ON JUNE 17, 2015 Item #16A10 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $11,112.56 FOR PAYMENT OF $562.56, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ROBERT GODIN AND ISABELLE GODIN, CODE ENFORCEMENT SPECIAL Page 180 September 22, 2015 MAGISTRATE CASE NO. CELU20120017531, RELATING TO PROPERTY LOCATED AT 2625 47TH AVENUE NE, COLLIER COUNTY, FLORIDA — VIOLATION FOR STORING UNAUTHORIZED MATERIALS ON A TRAILER ON ESTATES ZONED PROPERTY AND BROUGHT INTO COMPLIANCE ON JUNE 26, 2013 Item #16A11 RELEASE OF A CODE ENFORCEMENT LIEN WITH A COMBINED ACCRUED VALUE OF $146,263.99 FOR PAYMENT OF $364. 14, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FRANK FERNANDEZ, CODE ENFORCEMENT BOARD CASE NO. 2006120290, RELATING TO VACANT PARCEL (FOLIO NO. 39658240005), LOCATED IN COLLIER COUNTY, FLORIDA — FOR VARIOUS VIOLATIONS IN 2008 AND BROUGHT INTO COMPLIANCE ON APRIL 26, 2010 Item #16Al2 A MASTER FUNDING AGREEMENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT FOR REIMBURSEMENT OF COUNTY WIDE DAMAGES INCURRED AS A RESULT OF TROPICAL STORM ISAAC — ISAAC IMPACTED COLLIER COUNTY IN AUGUST 2012 Item #16A13 THE SECOND AMENDMENT TO THE MPO STAFF SERVICES AGREEMENT EXTENDING THE TERM THROUGH JUNE 30, Page 181 September 22, 2015 2016 — ADDITIONAL TIME IS REQUIRED TO CONTINUE A REVIEW OF THE ADMINISTRATIVE RELATIONSHIP BETWEEN THE MPO AND THE COUNTY DUE TO A LEADERSHIP CHANGE WITHIN THE MPO OFFICE Item #16A14 RECOGNIZING CARRYFORWARD IN THE AMOUNT OF $7,187.02 TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) OPERATING FUND 128, EARNED FROM THE FY2014/15 TRANSPORTATION DISADVANTAGED PLANNING GRANT AWARDED BY THE COMMISSION OF THE TRANSPORTATION DISADVANTAGED (CTD) AND RECEIVED BY THE MPO AND TO APPROVE ALL RELATED NECESSARY BUDGET AMENDMENTS — THE REMAINING REVENUE WILL BE USED FOR TRANSPORTATION DISADVANTAGED PLANNING EFFORTS IN FY2016 Item #16A15 REJECT ALL RESPONSES RECEIVED FOR INVITATION TO BID #15-6467 FOR THE PURCHASE AND INSTALLATION OF MULCH — STAFF TO MAKE NECESSARY MODIFICATIONS TO PROMOTE BROADER PARTICIPATION Item #16A16 REJECT INVITATION TO BID (ITB) #15-6491, IRRIGATION PARTS, PUMPS, AND RELATED ITEMS — ONLY TWO VENDORS REPLIED AND THE LOWEST BID EXCEEDS THE DIVISION'S BUDGET Page 182 September 22, 2015 Item #16A17 AWARDING CONTRACT NO. 15-6372 FOR "VERIFICATION TESTING FOR GOLDEN GATE BLVD. DESIGN-BUILD" TO HIGH SPANS ENGINEERING, INC., PROJECT NO. 60040 — FOR USE BY THE TRANSPORTATION ENGINEERING DIVISION FOR THE WIDENING OF GOLDEN GATE BLVD FROM WILSON BLVD TO 18TH STREET Item #16A18 — Moved to Item #11I (Per Agenda Change Sheet) Item #16A19 EASEMENT AGREEMENTS FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 124RDUE) AND A TEMPORARY BRIDGE CONSTRUCTION EASEMENT (PARCEL 124TCE) REQUIRED FOR THE CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE CYPRESS CANAL. (TRANSPORTATION BRIDGE REPLACEMENT PROGRAM PROJECT NO. 66066. 10.3) ESTIMATED FISCAL IMPACT: $10,980 — A PORTION OF FOLIO #37341000004 Item #16A20 RESOLUTION 2015-185: DECREASING THE REGULATORY ASSESSMENT FEE FROM THREE TO TWO PERCENT OF GROSS REVENUES FOR NONEXEMPT PRIVATELY OWNED WATER AND WASTEWATER SYSTEMS SUBJECT TO LOCAL REGULATION, EFFECTIVE DECEMBER 1, 2015, AS Page 183 September 22, 2015 APPROVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE FISCAL YEAR 2016 BUDGET AND AS APPROVED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY — INCLUDES AVE MARIA UTILITY COMPANY, NORTH MARCO UTILITY, ORANGE TREE UTILITY COMPANY AND THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY Item #16A21 INVITATION TO BID (ITB) #15-6472 "BACKGROUND CHECK SERVICES" RECEIVED FROM AZURA INVESTIGATIONS Item #16A22 RESOLUTION 2015-186: DECLARING A PUBLIC HEARING WILL BE HELD TO CONSIDER VACATING A 30-FOOT ROAD RIGHT-OF-WAY, UTILITY AND DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 444, PAGES 398 AND 399 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (VAC- PL20150001456) — LOCATED OVER AN ALLEYWAY BETWEEN TIDE DRYCLEANERS AND LONGHORN STEAKHOUSE AND CONNECTING TO TRAIL BOULEVARD Item #16A23 PETITION VAC-PL20150001563, TO QUITCLAIM AND RELEASE THE COUNTY'S INTEREST IN THE 30-FOOT STRIP OF LAND DESCRIBED AS A RIGHT-OF-WAY EASEMENT AS Page 184 September 22, 2015 RECORDED IN OFFICIAL RECORD BOOK 80, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA — FOLIO #00334600008 Item #16A24 — RESOLUTION 2015-197 ADOPTED DURING MEETING A DONATION IN THE AMOUNT OF $110,500 FROM THE COMMUNITY FOUNDATION OF COLLIER COUNTY TO FUND ADDITIONAL ARTIFICIAL REEFS UNDER THE COUNTY'S ARTIFICIAL REEF PROGRAM, AUTHORIZE EXPENDITURE OF THESE FUNDS, APPROVE NAMING RIGHTS, AND A BUDGET AMENDMENT TO RECOGNIZE THE REVENUE Item #16A25 THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2014 PROGRESS REPORT AND PROPOSED ACTION PLAN FOR 2015 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 STAFF TO ADVERTISE AN AMENDMENT TO ORDINANCE 97-82, AS AMENDED, WHICH CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO EXPAND THE DISTRICT BOUNDARY TO INCLUDE A COUNTY OWNED RIGHT-OF-WAY IDENTIFIED FOR THE PURPOSE OF CONSTRUCTING PEDESTRIAN STREETSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY ALONG Page 185 September 22, 2015 THOMASSON DRIVE AND BRING BACK THE PROPOSED ORDINANCE FOR PUBLIC HEARING Item #16C1 RESOLUTION 2015-187: AN ANNUAL RESOLUTION TO ESTABLISH FEES, RATES, AND CHARGES TO USE COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, RECYCLING DROP-OFF CENTER FEES, AND RESIDENTIAL MULTI-FAMILY AND COMMERCIAL WASTE COLLECTION FEES FOR FY16. THIS RESOLUTION ADOPTS THE RATES THAT FUND THE FY16 BUDGET FOR SOLID WASTE COLLECTION AND DISPOSAL Item #16C2 A $259,064.90 WORK ORDER AWARDED TO QUALITY ENTERPRISES USA, INC., UNDER REQUEST FOR QUOTATION #14-6213-41 FOR EFFLUENT FILTRATION MEDIA REPLACEMENT UNDER SOUTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT NUMBER 73969; AND, AUTHORIZE THE NECESSARY BUDGET AMENDMENT — REPLACING FILTER SAND AND THE UNDER DRAIN SYSTEM Item #16D1 ACCEPTING RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) GRANT AND BUDGET AMENDMENTS IN THE AMOUNT OF $3,900 FOR A CUMULATIVE GRANT TOTAL OF $57,522 FOR OPERATION OF THE RETIRED AND SENIOR Page 186 September 22, 2015 VOLUNTEER PROGRAM FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE — FUNDS WERE OFFICIALLY AWARDED ON AUGUST 19, 2015 AND ARE AVAILABLE OVER THE THREE YEAR GRANT PERIOD Item #16D2 FIVE-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER RED ROOT PRESERVE — LOCATED APPROXIMATELY 15 MILES EAST OF I-75 ON THE NORTH SIDE OF IMMOKALEE ROAD Item #16D3 SIXTEEN MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $136,417.52 — PROPERTY LOCATED AT 2851 ESTEY AVE, 5450 MARTIN STREET, 3445 66TH AVENUE NE, 4500 BOTANICAL PLACE, 2505 41ST AVENUE NE, 1060 EVERGLADES BLVD., 2693 53RD STREET SW, 3685 27TH AVENUE NE, 3435 12TH AVE SE, 5428 27TH AVE SW, 2201 51ST STREET SW, 3352 35TH AVE NE, 1211 9TH STREET SW, 1404 ST. GEORGE ONE, AND 12080 SITTERLEY STREET Item #16D4 FOUR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM RELEASES OF LIEN IN THE AMOUNT OF $38,956.37 FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS WHERE THE OBLIGATION HAS BEEN Page 187 September 22, 2015 REPAID IN FULL — PROPERTY LOCATED AT 12080 SITTERLY STREET, 5248 CONFEDERATE DRIVE, 2927 ANDREW AVENUE AND 5305 GILCHRIST STREET Item #16D5 TWO RELEASES OF LIENS FOR FULL PAYMENT OF A DEFERRAL OF 100 PERCENT OF A COUNTYWIDE IMPACT FEE FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT — PROPERTY LOCATED AT 13702 LEGACY LANE AND 4500 BOTANICAL CIRCLE Item #16D6 SECOND AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH YOUTH HAVEN INC., FOR THE SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II & III, SHIFTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AND CLARIFYING MILESTONES DEADLINE REQUIREMENTS — THE AMENDMENT ELIMINATES A COMPONENT OF THE PROJECT (RE-PAVEMENT OF THE MAIN ROADWAY AREA) TO FULLY FUND THE TECHNOLOGY/NETWORKING PORTION OF THE PROJECT Item #16D7 SECOND AMENDMENTS TO THE AGREEMENTS WITH HABITAT FOR HUMANITY OF COLLIER COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT ROOF REPAIR/REPLACEMENT PROJECT; UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA FOR A TRANSPORTATION Page 188 September 22, 2015 SERVICES PROJECT; AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM PROJECT REHABILITATE MULTI- FAMILY PROPERTIES TO EXTEND THEIR COMPLETION DATES — ALLOWING THE SUBRECIPIENTS SUFFICIENT TIME TO EXPEND THEIR AWARDED FUNDS Item #16D8 FY 15/16 STATE AID TO LIBRARIES GRANT AGREEMENT, TECHNOLOGY PLAN, AND CURRENT YEAR ACTION PLAN, AUTHORIZING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES IN THE ESTIMATED AMOUNT OF $217,005 — FUNDING USED FOR OPERATING PURPOSES, PERSONNEL, MATERIALS AND EQUIPMENT Item #16D9 RECOGNIZING FY 2015/2016 STATE PUBLIC TRANSIT BLOCK GRANT ADDITIONAL REVENUE UP TO $896,635, AUTHORIZE THE PUBLIC SERVICES DEPARTMENT HEAD TO EXECUTE THE NOTIFICATION OF FUNDING AWARD AND APPROVED APPROPRIATE BUDGET AMENDMENT TO PREVENT DELAY OF THE USE OF GRANT FUNDS FOR THE COLLIER AREA TRANSIT SYSTEM Item #16D10 PROPOSED ROUTE MODIFICATIONS AND NEW SEASONAL SCHEDULE WITHIN THE COLLIER AREA TRANSIT SYSTEM — AS DETAILED IN THE EXECUTIVE SUMMARY Page 189 September 22, 2015 Item #16D11 EXECUTION OF A GRANT AWARD FOR THE FEDERAL TRANSIT ADMINISTRATION 49 U.S.C. § 5307 FY15 GRANT AWARD IN THE AMOUNT OF $2,848,065 AND APPROPRIATE A BUDGET AMENDMENT TO ALLOW CONTINUOUS OPERATION OF THE COLLIER AREA TRANSIT SYSTEM PRIOR TO THE EXECUTION OF SAID GRANT AWARD — PROPOSED PROJECTS: BUS STOP ACCESSIBILITY ENCHANCEMENTS, SECURITY ENHANCEMENTS, ADA FULL SERVICE, BUS ROUTE OPERATING EXPENSES, ROLLING STOCK REPLACEMENT, SUPPORT VEHICLE PURCHASE, PREVENTIVE MAINTENANCE AND TRANSIT ENHANCEMENT (BUS WRAP REPLACEMENT) Item #16D12 COLLIER COUNTY UNIVERSITY EXTENSION DIVISION'S REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION IN THE AMOUNT OF $64,880; SUBSEQUENT ACCEPTANCE OF REQUESTED FUNDS; AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE COLLIER COUNTY 4-H ASSOCIATION; AND THE NECESSARY BUDGET AMENDMENT — TO CONTINUE 4-H YOUTH DEVELOPMENT PROGRAMS Item #16D13 AN AGREEMENT WITH THE DAVID LAWRENCE MENTAL Page 190 September 22, 2015 HEALTH CENTER TO GOVERN THE ALLOCATION OF THE STATE MANDATED MATCH AMOUNT IN THE FY 16 BUDGET ($1,154,000) AND ALSO TO ALLOCATE ADDITIONAL FUNDS IN THE AMOUNT OF $230,800 TO FILL A FUNDING GAP DUE TO STATE NON-FUNDING OF THE AHCA MEDICAID MATCH PROGRAMS FOR A TOTAL OF $1,384,800 — DUE TO AN INCREASE IN THE NUMBER OF "BAKER ACTED" CLIENTS OVER THE PAST SEVERAL YEARS Item #16E1 THE FOURTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (CONTRACT NO. 11-5776 MEDICAL EXAMINER) EXTENDING THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2016 AND CLARIFYING MAINTENANCE EXPENSE RESPONSIBILITIES Item #16E2 — Moved to Item #11J (Per Commissioner Taylor during Agenda Changes) Item #16E3 — Moved to Item #11K (per Commissioner Taylor during Agenda Changes) Item #16E4 RFP #15-6426, GROUP INSURANCE BROKERAGE AND ACTUARIAL SERVICES TO WILLIS OF FLORIDA, INC. — SUPPORTING THE COUNTY'S INSURANCE PROGRAM Item #16E5 Page 191 September 22, 2015 THE COLLIER COUNTY GROUP HEALTH, DENTAL, HEALTH REIMBURSEMENT ARRANGEMENT AND FLEXIBLE BENEFIT ARRANGEMENT PLAN DOCUMENTS EFFECTIVE JANUARY 1, 2016 — UPDATING TO ASSURE EFFECTIVE ADMINISTRATION OF THE PLAN AND MAINTAINING COMPLIANCE WITH CURRENT LAW Item #16E6 A LEASE AGREEMENT WITH ROGER CARVALLO FOR OFFICE SPACE TO BE UTILIZED BY THE HEALTH DEPARTMENT — LOCATED AT COURT PLAZA III, NORTH OF THE GOVERNMENT CENTER Item #16E7 A THIRD AMENDMENT TO LICENSE AGREEMENT WITH ST. MATTHEW'S HOUSE, INC., FOR THE CONTINUED USE OF PARKING SPACES AT THE GOVERNMENT CENTER — EXTENDING THE LEASE FOR ANOTHER 5 YEARS Item #16E8 EXERCISING THE RENEWAL OPTION UNDER THE AGREEMENT FOR COLLIER COUNTY EMERGENCY SERVICES MEDICAL DIRECTOR FOR A PERIOD OF ONE YEAR IN ACCORDANCE WITH THE TERMS OF THE CONTRACT — REGARDING SERVICES WITH DR. ROBERT BOYD TOBER Item #16E9 Page 192 September 22, 2015 RENEWAL OF THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS MEDICAL TRANSPORT, INC. TO PROVIDE CLASS 2 ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE YEAR Item #16E10 WAIVING COMPETITION AND APPROVING PROCUREMENT OF TRAINING PROGRAMS FOR STAFF; AND, AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT WITH THE FLORIDA GULF COAST UNIVERSITY (AS PROVIDED BY THE FLORIDA INSTITUTE OF GOVERNMENT) — TRAINING WORKSHOPS HELD BETWEEN OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016 Item #16E11 RESOLUTION 2015-188: APPROVING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER'S AGENCY AND COUNTY ATTORNEY'S OFFICE EFFECTIVE OCTOBER 1, 2015 AND PROVIDING A GENERAL WAGE ADJUSTMENT EFFECTIVE OCTOBER 3, 2015 FOR ELIGIBLE EMPLOYEES Item #16F1 REQUEST FOR PROPOSAL #15-6444, FEDERAL LOBBYISTS, WITH BECKER & POLIAKOFF, P.A. AND AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTRACT AFTER REVIEW BY Page 193 September 22, 2015 THE COUNTY ATTORNEY — TO MAXIMIZE OPPORTUNITIES AT THE FEDERAL LEVEL OF GOVERNMENT FOR FUNDING, LEGISLATION, PROGRAMS, INITIATIVES AND OTHER SERVICES Item #16F2 RESOLUTION 2015-189: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET 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 #15-667 (ROW PERMITTING) AND #15-678 (SHERIFF'S EDUCATION TRUST FUND) Item #16F4 THE PROPOSED FY2016 ACTION PLAN FOR LEO E. OCHS, JR., COUNTY MANAGER — ESTABLISHING OBJECTIVE PERFORMANCE STANDARDS Item #16H1 RESOLUTION 2015-190: APPOINTING RON JEFFERSON AND HERMAN "SKIP" HAEGER TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE WITH TERMS Page 194 September 22, 2015 EXPIRING OCTOBER 6, 2018 Item #16H2 A PROCLAMATION DESIGNATING SEPTEMBER 2015 CHILDHOOD CANCER AWARENESS MONTH. THIS PROCLAMATION WILL BE SENT BY MAIL TO THE RECIPIENT, STEVEN FIRESTEIN, FOUNDER, AMERICAN CANCER FUND FOR CHILDREN, INC. AND KIDS CANCER CONNECTION, INC. Item #16H3 RESOLUTION 2015-191 : APPOINTING PAT HUMPHRIES TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE TOA TERM EXPIRING OCTOBER 13, 2019 Item #16H4 RESOLUTION 2015-192: SUPPORTING A 2016 LEGISLATIVE BUDGET REQUEST MADE BY THE OF/IFAS AND THE SOUTH FLORIDA AG COUNCIL FOR CONTINUED FUNDING OF THE SOUTHWEST FLORIDA RESEARCH AND EDUCATION CENTER, AND TO DISTRIBUTE RESOLUTION IN THE MANNER SET FORTH Item #16I1 — Moved to Item #13A (Per Commissioner Henning during Agenda Changes) Item #16J1 Page 195 September 22, 2015 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING CONTRIBUTION AND TO AUTHORIZE THE BOARD CHAIRMAN TO SIGN THE CERTIFICATE REGARDING MATCHING FUNDS AND CERTIFICATE OF EQUIPMENT FOR CASTING AND COUNTING BALLOTS Item #16J2 TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY 2016 — AN ADVANCE PAYMENT IN THE AMOUNT OF $1,053,450.41 Item #16J3 RECORDING IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 27 AND SEPTEMBER 9, 2015 PURSUANT TO FLORIDA STATUTE 136.06 — AT THE CLERK'S REQUEST Item #16K1 THE HIRING OF LARRY GENDZIER, ESQ. FOR MEDIATION SERVICES IN THE EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. GROVER C. WOODY, III, ET AL, CASE NO. 15-CA-199, NOW PENDING IN THE TWENTIETH Page 196 September 22, 2015 JUDICIAL CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE COUNTY ATTORNEY TO RETAIN MR. GENDZIER FOR FUTURE MEDIATIONS UNDER THE TERMS OF THE ATTACHED LETTER (GOLDEN GATE BOULEVARD ROAD WIDENING PROJECT #60040) — REGARDING PARCELS 136FEE1 AND 136FEE2 Item #16K2 A JOINT MOTION AND FINAL JUDGMENT FOR PARCEL NO. 265RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. GANASH RAJARAM, ET AL., CASE NO. 15-CA-379 FOR THE GOLDEN GATE BOULEVARD WIDENING PROJECT, PROJECT NO. 60040. (FISCAL IMPACT $55,135.50) — A 3,600 SQUARE FOOT STRIP EASEMENT ALONG GOLDEN GATE BLVD Item #16K3 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 PURCHASE ORDER AN ADDITIONAL $75,000.00 Item #16K4 DESIGNATING COMMISSIONER TIM NANCE TO ATTEND Page 197 September 22, 2015 THE SEPTEMBER 25, 2015 MEDIATION RELATING TO DWIGHT E. BROCK, CLERK OF COURTS V. LEO E. OCHS, JR., ET AL - CASE NO. 2015-CA-00595, AS A COLLIER COUNTY REPRESENTATIVE Item #16K5 A SETTLEMENT AGREEMENT IN THE SUM OF $55,000 AND DIRECT THE COUNTY ATTORNEY TO FILE ALL DOCUMENTS NECESSARY TO END WITH PREJUDICE THE LAWSUIT STYLED CHERYL WILSON-WATSON V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 2: 14-CV-749-FTM-29CM NOW PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. (FISCAL IMPACT: $55,000) — RELATING TO DISCRIMINATION ALLEGATIONS FROM MARCH, 2011 Item #16K6 ACCEPTING A SETTLEMENT OFFER OF $7,731.79, AND THE CHAIRMAN TO EXECUTE A RELEASE FOR PROPERTY DAMAGE, IN THE LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA V. MICHAEL H. CHALFIN AND TYLER R. CHALFIN, FILED IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NUMBER 2014-CC-1729-001 — FOR AN ACCIDENT MARCH 17, 2014 AT THE GOLDEN GATE PARKWAY AND SANTA BARBARA BLVD. INTERSECTION Page 198 September 22, 2015 Item #16K7 THE PROPOSED FY 2015-2016 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY — ESTABLISHING OBJECTIVE PERFORMANCE STANDARDS Item #17A RESOLUTION 2015-193/DEVELOPMENT ORDER 2015-01 : AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY AMENDING THE MASTER DEVELOPMENT PLAN TO CONVERT LOTS 16 THROUGH 20, COMPRISING 8.93± ACRES OF PROPERTY FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PETITION DOA-PL20150000545 COMPANION ITEM TO PUDA-PL20150000281) Item #17B ORDINANCE 2015-49: AMENDING ORDINANCE 92-10, AS Page 199 September 22, 2015 AMENDED, TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD MASTER PLAN TO CONVERT LOTS 16 THROUGH 20 AS SHOWN ON THE PUD MASTER PLAN FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR-951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. fPUDA-PL20150000281, COMPANION TO DOA-PL201500005451 Item #17C RESOLUTION 2015-194: PETITION VAC-PL20150001516 TO VACATE A PORTION OF THE 25-FOOT DRAINAGE EASEMENT BEING A PART OF LOT 4, NATURE POINTE, AS RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17D THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 13, 2015 BCC MEETING: RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 08-41, THE FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS MPUD, AS AMENDED, TO REMOVE TWO-FAMILY DWELLINGS FROM PERMITTED Page 200 September 22, 2015 PRINCIPAL USES, AND ADD DETACHED AND ATTACHED GARAGES, AND DAYCARE SERVICES FOR CHILDREN TO PERMITTED ACCESSORY USES IN TRACT G; TO REDUCE THE MINIMUM FLOOR AREA FOR MULTI-FAMILY DWELLING UNITS FROM 850 SQUARE FEET TO 800 SQUARE FEET; TO REMOVE THE PROHIBITION ON ONE BEDROOM NON-CHURCH-RELATED DWELLING UNITS; TO ADD A CROSS REFERENCE TO A NEW ESSENTIAL SERVICES PERSONNEL HOUSING AGREEMENT; TO REMOVE AFFORDABLE HOUSING DEVELOPER COMMITMENTS AND TRANSFER THEM TO THE NEW ESSENTIAL SERVICES PERSONNEL HOUSING AGREEMENT; TO ADD NEW DESIGN STANDARDS FOR RESIDENTIAL DEVELOPMENT ON TRACT G; TO ADD A NEW TRANSPORTATION DEVELOPER COMMITMENT RELATING TO RESERVATION OF RIGHT-OF- WAY ALONG THE SOUTHERN PORTION OF THE PUD; TO ADD A NEW PLANNING DEVELOPER COMMITMENT RELATING TO DISCLOSURE OF SWAMP BUGGY RACES; AND TO REVISE THE PUD MASTER PLAN TO RELOCATE THE EXISTING ACCESS POINT NEAR THE SOUTHEAST CORNER OF THE PROPERTY TO ALIGN WITH THE ENTRY FOR THE LORD'S WAY RPUD TO THE SOUTH FOR THE PUD PROPERTY CONSISTING OF 69± ACRES LOCATED ON THE EAST SIDE OF COLLIER BLVD. (C.R. 951), APPROXIMATELY 1/2 MILE NORTH OF RATTLESNAKE-HAMMOCK RD. (C.R. 864), IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION NUMBER PUDA- PL20140002461) Item #17E Page 201 September 22, 2015 ORDINANCE 2015-50: AMENDING THE BOARD'S MEETING ORDINANCE (ORDINANCE NO. 75-16, AS AMENDED), TO PROVIDE FOR ELECTRONIC MEETINGS WHEN A QUORUM OF THE BOARD IS UNABLE TO MEET AT THE COLLIER COUNTY GOVERNMENT CENTER DUE TO EXTRAORDINARY CIRCUMSTANCES Item #17F ORDINANCE 2015-51 : AMENDING SECTION FIFTEEN OF THE BOARD'S PURCHASING ORDINANCE (ORDINANCE NO. 2013-69, AS AMENDED), TO CONFORM THE COUNTY'S PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS TO RECENT CHANGES IN FLORIDA LAW Item #17G ORDINANCE 2015-52: EFFECTIVE JANUARY 1, 2016, WOULD ALLOW THE COUNTY TO ENFORCE THE POSTING OF PUBLIC AWARENESS SIGNS AT ADULT ENTERTAINMENT AND MASSAGE/BODYWORK ESTABLISHMENTS ALERTING EMPLOYEES AND PATRONS TO REMEDIES AND PROTECTIONS RELATED TO HUMAN TRAFFICKING Item #17H RESOLUTION 2015-195: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Page 202 September 22, 2015 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:57 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIM NANCE, CHAIRMAN ATTEST: P� DWIGHT E: t3ROCK, CLERK cz_ A est as to Chai ►afl's signature only., These minutes approve by the Board on i a f a r , as presented ` or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 203