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Agenda 12/14/2021 Item # 2C (BCC Special Meeting Minutes from November 12, 2021)2.0 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 2.0 Item Summary: November 12, 2021 - BCC Meeting Minutes Meeting Date: 12/14/2021 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 11/29/2021 2:37 PM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc — County Manager's Office Name: Mark Isackson 11/29/2021 2:37 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/29/2021 2:37 PM 12/14/2021 9:00 AM Packet Pg. 24 November 12, 2021 2.C.1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida November 12, 2021 LET IT BE REMEMBERED, that the Board of County` Commissioners, in and for the County of Collier, and al ing as the Board of Zoning Appeals and as the governin (s) of such special districts as have been created accordin y o aw and having conducted business herein, met on t�is 11:00 a.m., in SPECIAL SESSION in Buildin " ' the Government Complex, East Naples, Florida, wit l owing members present: Chorman: Penny Taylor Rick LoCastro Burt L. Saunders Andy Solis William L. McDaniel, Jr. (Absent) A O► ESENT: ark Isackson, County Manager Sean Callahan, Deputy County Manager Scott Teach, Deputy County Attorney Troy Miller, Communications & Customer Relations Robin Sheley, Clerk's Office Page 1 Packet Pg. 25 2.C.1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority LA SPECIAL MEETING AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 12, 2021 11:00 AM Commissioner Penny Taylor, District 4 — Chair — CRAB Co -Chair Commissioner William L. McDaniel, Jr., District 5; Vice Chair - CRAB Co -Chair Commissioner Rick LoCastro, District 1 Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." 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 Page 1 November 12, 2021 Packet Pg. 26 2.C.1 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO.2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. BOARD OF COUNTY COMMISSIONERS 3. COUNTY MANAGER'S REPORT A. Recommendation to approve the award of Invitation to Negotiation #21- 7898 "Collier County Sports Complex Management," to Sports Facilities Management, LLC and authorize the Chair to sign the attached agreement (Sean Callahan, Deputy County Manager). (District 5) Motion to approve the agreement — Approved 3/1 (Commissioner Taylor opposed, Commissioner McDaniel absent) • County Manager Isackson — Extend a note of appreciation to Jennifer Reynolds and Marissa Fahey for their hard work on behalf of the County Manager's Office • Commissioner Saunders — Thanked the County Manager, the County Attorney and the Clerk for the going above and beyond and for their extra effort Page 2 November 12, 2021 U m N 0 N N r 0 z r� 0 N r N O N N r E a Packet Pg. 27 2.C.1 C!NEEK'\ I1911 11 Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Page 3 November 12, 2021 a+ Q Packet Pg. 28 November 12, 2021 2.C.1 MR. ISACKSON: Chair Taylor, Commissioners, you have a live mic. CHAIRMAN TAYLOR: Good morning, everyone. We are here in a special meeting to discuss the contract with the chosen vendor of the Paradise Coast sports park. And I think we proba should have -- COMMISSIONER SOLIS: Are we going to have a c6 reporter or -- CO MR. MILLER: She's participating remotely. COMMISSIONER SOLIS: Oh, she is. MR. MILLER: She's monitoring us. S is ine right now. CHAIRMAN TAYLOR: Sorry. Yeah, ew that, but I was more concerned -- I think we should prob y o a Pledge, right, at the beginning of this meeting? Thy N. COMMISSIONER SOLIS: (The Pledge of Allegiance cited in unison.) Item #3A AWARD OF INVITAUION TO NEGOTIATION #21-7898 "COLLIER COUN* Y SPORTS COMPLEX MANAGEMENT," TO SPORTS FA I ITIES MANAGEMENT, LLC AND AUTHORIZE THE CHAIR SIGN THE ATTACHED AGREEMENT — MOTITOWWAPPROVE THE AGREEMENT — APPROVED ISACKSON: At the Tuesday board meeting, coVssioners directed that the Clerk of the Circuit Court, the County Attorney's Office, representatives from my office sit down, and that happened on Wednesday. Mr. Teach provided an excellent overview of that meeting as well as the changes to the contract in consultation with the Clerk's Office. Page 2 Packet Pg. 29 2.C.1 November 12, 2021 So I'll let Mr. Teach summarize, if he doesn't mind. MR. TEACH: Okay. Commissioners, Scott Teach, Deputy County Attorney. Wednesday, at the Board's direction, we met with all the parties that the County Manager identified starting at 8:00 in the mornin and, for three- and- a -half hours, discussing the major issues o se concern that the Clerk had. And I'd characterize the first h as sort of a general discussion regarding operations of the vend erations of concern of the Clerk's Office. It was a very prote meeting, and I think -- I think it would be fair to characterthat our conversation led to a level of comfort on man issues of contention. The -- and just to -- from the beginn' , on your daises, I've put forward the copy of the agreement, yv viously provided to you on Wednesday. One page w s'% y modified, the Page 1 of the Exhibit E pro forma, and that ust to reflect the landscaping amount at $140,000, which is ' tent with the Exhibit D operating expense, and that is the l et county landscaping fee pro rata for what would be the remainder of this contract term under the first year; year zero it's called in the agreement. And the re why that was done was just the general counsel for the vendo c nta ed me yesterday and said, we had talked about this, and t e C agreed with this, and Robin's here from the -- Robi ley's here from the Clerk's Office, and she confirmed via e well as Crystal, that this was acceptable. It's just a Nnsistent with the Exhibit D, and it allows her to pay up to th iount for the landscaping maintenance for the remainder of this 9first -- if you were to award -- initial award of the contract term. The primary change that drove some of the revisions on the agreement was how the -- how the revenue would flow. And what we decided, Sports Facilities Management has operated in a couple Page 3 Packet Pg. 30 2.C.1 November 12, 2021 different fashions. They've done it with just an operating account, and they've done it as we're proposing here today where the county will set up a revenue account. The Sports Facilities Management will deposit, within 48 hours, revenue into that account that they received, and then, at the end of each month, they will invoice t county for their expenses. They will also invoice the county feir payroll compensation, and those monies will be paid out of4he revenue account back into the Sports Facilities Management operating account. The Clerk found that this would be a good to have more control of the assets and all the is trustworthiness, the accounting bank statemen and all those will be provided as well. That was the primary driver of0th additional minor changes which I' * , cted er to be able ly sales tax, There were some in a memo that I provided to you last night. Thole re relatively minor changes, and you are presented with answer any questions. CHAIRMAN TAYL ent today. And I'm happy to I do have a couple of questions. 1►W have -- we haven't been, sleep in Collier County in terms of having sports events, a.Aunderstand that the plan of staff is to bring those sports events he -- to the sports park, the big ones, and we have contracts v�th se entities. How is that going to be treated? And now we doVlKve SFI in there, but they have contracts, ongoing contrt -- ' TEACH: Yes. And that's identified in the agreement as weld. 'The list of those agreements has been provided to Sports Facilities Management. They will take over the management of those agreements. The Clerk's Office, Crystal, we had this conversation on Wednesday, and they have since been provided, and the new vendor will take management of those agreements. Packet Pg. 31 November 12, 2021 2.C.1 CHAIRMAN TAYLOR: And so will they honor the terms of the contract, or will these be brand-new contracts? MR. TEACH: I believe, through our discussions -- and Jason can come up here, but they're going to be doing some due diligence. They're going to be looking at some of these agreements. They y be -- in their opinion, they may believe that they can renegoti those for better terms. And I don't want to speak on your 1 , Jason, but I think that was part of our conversation. O MR. CLEMENT: Yes. Hi. Good morning. Clement, Sports Facilities Companies. Our intention is to evaluate all those agr e f they're good agreements, we're just going to execute o t em on behalf of the county. If we have any concerns wit ose agreements, we'll bring them to the county. We'll have 51 sation about them. We don't anticipate any issues at tlli t given what we've been told. And in this scenario, we'llS%ay. 's xecute them and manage them. CHAIRMAN TAYLOR: So then -- and there's a term that's two years. You'll 't or the two years unless there's a real problem? MR. CLEME T: That's right. CHAIRM TAYLOR: So I'd like to put on the record that any kind of c es r any concerns you have, I would like the County M ag o bring it to the commissio - commission -- commissioner body for discussion. ISACKSON: Understood. TAYLOR: Thanks. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. Just a couple quick questions. I'm fairly certain we're going to approve this agreement this morning, and I understand a representative of the Clerk's Office Page 5 a Packet Pg. 32 2.C.1 November 12, 2021 is here, and she's shaking her head that everything seems to be fine, and we've heard that from the County Attorney as well and the County Manager. When are you on board? When do you have personnel here? What happens over -- in this transition, which will start here pro ly in about five minutes? I� MR. CLEMENT: Right. We didn't intend to be press ptive, but our COO, Dave Pritchett, stayed since Tuesday and Can some of the preparation, if you will. We've identified an i team that will come down and manage the park beginning N er 22nd when the current operator is out. And in the a e, we've begun operations with the current operator about that a si ion plan and how we can be in place. COMMISSIONER SAUNDEP�S: rrent operator, you said November 22nd. I was not a16-, the date. MR. CLEMENT: Yep. COMMISSIONER SA S: That's my bad. MR. CLEMENT: Yef. COMMISSIONER�SAUNDERS: Is there any ability, depending on their posifiion, to move -- have your folks here sooner so that on Nove> r 22nd it's not you've got a few folks coming down that da o th ay before, but -- and we're only talking about 10 days fr n MR. ENT: That's right. CO SSIONER SAUNDERS: But I just hate to see on N mber 22nd no one there and you guys walking in the door. So I'cMike to have you come in earlier and make sure that on November 23rd we don't miss a beat. MR. CLEMENT: Yeah. These 10 days will have an overlap. So we've been in conversation with the existing operator. They've said all the right things in terms of wanting to transition well. Packet Pg. 33 2.C.1 November 12, 2021 Obviously, we'll need to execute on that, but they've said all the right things. And we, obviously, have said the right things as well, that we're going to transition. And so we'll have duplicity, if you will, over the next 10 days to make sure that we understand what's happening from their perspective. And the good news is, is that we have -- with , we have county representation who's out at the park mana e s well. We've been in conversation with her about wh��e to happen. So es the short answer to ourquestion, have pp � yes, Y representatives on site? We will over the next 10 as part of that transition plan. CHAIRMAN TAYLOR: Commissioner astro. COMMISSIONER LoCASTRO: I mean, you actually kind of sort of answered my questiop, can expand on it a little bit. I was wondering how y sition was going with the current contractor. Obviously, th id for the contract; didn't get it. You know, sometimes be' gruntled, you know, a lot of bad stuff can happen in 10 d 'm certainly not accusing them of anything. But, you know, yoyi've already answered it, that they're saying the right things; 're looking for the right things. But I'll just, you know, stress a if e can help you with anything -- I mean, you know, do ' be y about -- we want that transition to go not only perfectl b you to -- like, Commissioner Saunders said, on Day like, you know, you don't have a list of 15 things that w have done in the last 10 days. I mean, do you have any major concerns or anything at all? It's great that they said the right things, but is there anything -- you know, that's why we're here to talk about the transition and making sure you get off to a fast start. I mean, we have realistic expectations. We know this is a big monster. You're taking a big Page 7 Packet Pg. 34 2.C.1 November 12, 2021 bite of the apple, and you have a lot of great ideas and whatnot. But is there anything that, you know, you want to say to us or anything that we can help you with? MR. CLEMENT: Well, I can share -- and, Dave, feel free to come up if you want to fill in any gaps that I share. COMMISSIONER LoCASTRO: Or any big major con. Like, you know, we may not know everything. We're not ' e park every day. So if there's some observation that you wan Dort of go on record saying, hey, I want to separate rumor from you know, these are three or four things. You've done a lot tings, but we haven't been in them. But in the end, the suc s he park is really our ultimate responsibility. MR. CLEMENT: Well, the truth is e meetings began on Tuesday, because we were under thi c ilence up until that point when that was released so t Z e ould work through the agreement situation. So at this point I wouldn' hat there's anything that I would say is a major red flag of we're going to have five business days to unwind the curren and have us become a part of it. We got into d�tailVwyerator the current operator on certain agreements, the lod ing technology that they're utilizing, the POS system, o er al�ems like that what does inventory look like y � p � ry who's going to bviously, we'll take inventory on day one to make sure that w there is accounted for properly and all of those sorts of th' uesday of this week, we're bringing in our marketing, fin nc , and account -- down from Tampa, marketing, finance, and accounting, risk management, HR, events programming operational team so that we can do a formal kickoff and really put everything on the board. And the truth is, our account executive has put together, you know, a transition plan of what we need to accomplish in these Packet Pg. 35 2.C.1 November 12, 2021 five business days, 10 days total, and we're just going to start executing on that. And we will make you aware, you know, through the County Manager's Office, if there's anything that's a red flag that reveals itself. But, in the conversations thus far, we don't have any reas to believe we can't have success in this transition here. But we certainly would like to sit down and talk with you about w_ our vision is for the park and, you know, what your hopes a expectations are from the relationship with us, shoul vote us in, so that we can make sure we set up the operation i y that delivers on those expectations and, frankly, t ment that the Board has made on behalf of the taxpayers. COMMISSIONER LoCASTRO: I ere anything major in infrastructure or, you know, automa4io thing that the current contractor brought in that was abo��' eyond the contract that they're actually exiting with that ca Nsos you any kind of major concern, or they're basically 1 everything in place? I mean, obviously, the county ow t ulk of the things there, but is there anything magical that so walks out the door that you have to replace or that cau es Yvu any sort of initial concern? MR. CLE T: Not that we're aware of at this point in time. The one area ' e Ndging piece, because there have been relationshi s hoteliers and businesses in the county that are relying on room nights. There are events booked room nights Y g g � g bein , so we don't want to break that. We're not looking to j at out and yank that out. So we've had preliminary co sations with the current operator, and they've agreed to allow us to leave that in to make sure that the system is consistent for the businesses within Collier County at this point in time. They also have reason to do that. I believe they make money on that system. So it's a good leverage point as well to make sure Packet Pg. 36 2.C.1 November 12, 2021 that the transition is positive. COMMISSIONER LoCASTRO: One last question. And a lot of times when you have an overlap like this, sometimes the new contractor that comes in reaches out to the old contractor and actually steals one or two people that they think are magical or amazing o o give continuity. Is there anybody you're keeping from their you're hiring over onto your team? And I'm not suggestin t you should. It's just a totally ballpark, you know, blind que MR. CLEMENT: Yeah. My understanding is are four full-time persons there right now. We're going to ith all four, have a conversation with them, and that there a ut 20 hourly art -time folks that do a goodjob out at the a�� e don't see an p g J p Y reason to, you know, break something fro that perspective. If they're good, we would bring them i'n, ill just make the transition more effective. But w a been provided the opportunity to have a formal conv s ion with them yet until the contract is executed. COMMISSIONER RO: The senior leadership team is all yours, right? MR. CLEMENT: That's right. COMMISS ER LoCASTRO: And their senior leadership team and eve id l el leadership team exits, correct? MR. L NT: So, yeah, nothing from their corporate senior leadership No, we have not had conversation about them -- ISSIONER LoCASTRO: Okay. Thank you. IRMAN TAYLOR: Commissioner Solis. MMISSIONER SOLIS: Well, I think we know where this is going, so I was going to congratulate you on surviving the process. But I was also going to just suggest that there's the FRLA, the restaurant lodging association, the local chapter. I don't know if you've spoken with them. Page 10 Packet Pg. 37 2.C.1 November 12, 2021 MR. CLEMENT: No. COMMISSIONER SOLIS: But, really, I would recommend you sitting down with them ASAP. And I think that, you know, they're really interested in working with whoever is managing the park and trying to be as proactive and as helpful as they can be, know, to drive the revenues of the park and, obviously, to the Is as well. And I can get you all that contact information if &'d like. Randy Smith is their -- kind of their legislative liaison, e s you would call him. MR. CLEMENT: Okay. That would be gr nd I would imagine there are other personnel that we sho t ith -- COMMISSIONER SOLIS: Sure. MR. CLEMENT: -- in and around T C that would be involved that would be helpful to start relationships with as well. COMMISSIONER SOLIS: i t. And, obviously, have you spoken with Paul Burns yet? nn MR. CLEMENT: ormally because of the cone of silence. COMMISSIONEIj6 LIS: Yeah, yeah, yeah. Well, there's -- Paul B�r4s is now our executive director of the CVB, and so it would b a lace to start. But I would also strongly �oo p g Y re Comm Fthou touch base with the FRLA folks, because they're really intebviously, in moving the park forward and seeing it be s CLEMENT: We'll do that. Thank you. R. PRITCHETT: Jason? COMMISSIONER SOLIS: Okay. MR.ISACKSON: Commissioners? MR. PRITCHETT: I'm sorry. May I? Dave Pritchett with Sports Facilities Companies. I'm our chief operating officer. Page 11 Packet Pg. 38 2.C.1 November 12, 2021 On Wednesday, Marissa and I spent a substantial amount of time just going through a number of matters related to the park. And so we had a very, very good conversation with a long list of matters that we're going to continue this afternoon. I met this current staff of the park, and I'm going to go back today and meet them as well, to John Simone, who's the general manager, so I'll be spendin t with the staff today. I know we're still in a transition window, so we wo o t p started. But it will be important for us to set their ow IY emotions -- you know, calm them due to the unce So Jason mentioned this, so next Tuesday e nesday, we're bringing -- we're mobilizing really the full fort o our organization in our departments to come down, worki ith Melissa. So we're coming down Tuesday and Wednes�a week. And Melissa -- or Marissa, excuse me,, ' izing the key players in the community and in the county. A e're working through that agenda today. So all of these s, Commissioner, that you speak to we'll be meeting with t ek. And from there, we'll continue. And a few of our member e going to stay through Thursday and Friday, and then the following Monday and Tuesday, a number of our -- several m of our team members will come down. There will be new t m bers. We have an event crew that's going to come dow an on site. So we are poised, ready, and positioned to hit the g sprinting. SSIONER SOLIS: And I would just add, just one last thiri%s at it might be helpful to have an ongoing dialogue with them. I mean, they -- I think they want to be more involved in just, you know -- and I think they're interested in creating more connections between the facility and whoever's running it, and, you know, the hoteliers and the restaurant owners. I think it would probably be a healthy thing. Page 12 Packet Pg. 39 2.C.1 November 12, 2021 MR. CLEMENT: Message received on that. COMMISSIONER SOLIS: Thanks. MR. TEACH: Commissioners, I wanted to just bring one more thing to your attention that I had put in my memo to you, and it concerns the commercial rights, specifically naming rights. It's issue that had popped up several years ago. And during the of our discussion I had raised it, and the reason was there's difference between a sponsorship, which might be from e vent, or something like that, and a naming right, which might stadium or maybe Smith Fields, or whatever the case may be ere could be circumstances where a local business or indiv* a ' st walks into the County Manager's Office and says, I have this uch money, and I want this named after me. And so my concern was that ifjt e, a finder's fee, if they don't cultivate the person tha n, we should probably get a greater percentage of it. Most of e type of relationships, the manager does receive a portio e use they might take the ball from us and carry it through t And so what the agreement did and what I tweaked in her as with respect to the naming rights, the County Manager's Offipe and the Sports Facilities Management will have a continui onversation with a goal of bringing back an amendment t t d sses the financial aspects of naming rights within 90 jLs the effective date of this agreement. CHA N TAYLOR: Are you aware that we actually went thro rocess a couple of years ago? WCLEMENT: We've been told that there was an investment th y not have materialized in outcomes, but that's as much as we've been -- CHAIRMAN TAYLOR: Yeah. Folks were contacted, especially in this community. So I think as we go forward, if someone at some point decides to -- would like a name on a building Page 13 Packet Pg. 40 2.C.1 November 12, 2021 or whatever, I think that needs to be taken into -- into consideration. Sometimes these agreements are a long time brewing, but the contact was made. MR. CLEMENT: Okay. CHAIRMAN TAYLOR: Thank you. COMMISSIONER SAUNDERS: One follow-up in ref to that. We do have a list of local entities that may have a erect in that. For example, Naples Community Hospital, Phys�i ns Regional, Arthrex. There's some major ones. And it may be worthwhile -- there's no agreement now as to fees 't and all of that. That's going to come within 90 days. Just a question: Should we provide a list e folks that we have spoken to, we've had some contact , so at least you know who we're dealing with so there wo4't rguments going forward? And I think the County t Vey and the County Manager could probably put together a lis ose fairly quickly, because the split of fees will be substantia erent for NCH, for example, than it would be for the Cleve 'nic if some other entity came. MR. TEACH: Yea Commissioner, to the extent that -- I don't have that list, but e►bviously, to the extent the County Manager's Office has that list f people who have presented previously, I think it p should be ro i edNnd then that could be utilized in the course of the negot1 ion far as the fee splitting. COM IONER SAUNDERS: Mr. Manager, do we have any i o ion on that that you're aware of? WISACKSON: I'm sure we do. There's been contact over th , I want to say, year. Mr. Callahan and probably Ms. eynolds from my office also would have that list. So we can make sure we communicate that with the vendor. COMMISSIONER SAUNDERS: Yeah. It just avoids conflict at the end if they know who we're already dealing with. Page 14 Packet Pg. 41 2.C.1 November 12, 2021 MR. ISACKSON: It was my office's intention to cultivate a transition meeting next week with the vendor to talk about these types of issues, so -- I failed to mention that at the outset of the discussion. CHAIRMAN TAYLOR: And I also think the folks that wz s VI hired, maybe it was two years ago, they would have a list of l hey contacted on behalf of the sports park. MR. ISACKSON: We'll run that to ground. 0 CHAIRMAN TAYLOR: Thank you. All right. So before we go any further -- an 't mean to cause a -- I don't mean to do this last minute 1 , I've had no choice. I'd like to read a statement, but I cann t pport this vendor at this point. I have a great deal of confidence embers of the selection committee who were chosen to rank tht4e nalists replying to the Paradise Coast Sports Complex ITly VTiowever, I have no confidence in the selection process that w d to rank the companies responding to the ITN fo nagement of the Paradise Coast Sports Complex. The ITN criteria i�oin ront of you, and Sherry, I hope she's listening, becau needs to come in the room now, and it tells the story. Fina ial formance information is not one of the criteria. This was a al oversight. How can the selection committee rank a co . its actual financial performance is not part of criteria con' ion? Vhe ITN's highest ranking criteria were facility management and marketing, 20 points; work experience, 20 points; price proposals, 20 points. Our County Manager has stated that he has no reliance on pro forma numbers. The ITN criteria listed above are important considerations in the process, but we still need to see what each Page 15 Packet Pg. 42 2.C.1 November 12, 2021 company's financial performance has been at the different facilities they submitted as a reference. I was surprised to learn that those figures were not readily available when I asked for the budgeted and actual figures from the County Manager's Office several weeks ago. It was obvious that this budget information had not been require the ITN process and, therefore, not considered in the decision g by the selection committee. '� It was the experience and expertise of our County 1VQi ger that started the information flowing by asking for the CAFR from each of the facilities. This is outlined in my email to the Manager, Mark Isackson, on November the 1 Oth, 2021. We are making a critical decision regardi e management of a $120 million facility, and making a dec' n today is a hasty decision that I would not recommer�d t3 ho. We have three choices. We ide today, decide we're going to go out for another ITN a i this time including financial performance information, or f to meet with the three finalists to learn what the numbe Z e nonpublic and public facilities they manage. Compare o management firm to the other based on their accurate fina cial per ormance. It is assum at the county will continue to pay the debt service on th c mp x but, if at all possible, the taxpayers should not be subsidi 'ng day-to-day operations. Take a look at Rocky Top's finan 'nformation or Myrtle Beach included in the attac sent to you and the County Manager. It has been said t venues don't make money, but in the research I have done, it seem that there are facilities out there that do make money and do not require an ongoing subsidy. We should find out why, and see if Paradise Coast Sports Complex can be one of those complexes. In my opinion, we owe this to the taxpayers. And so I'd like open the discussion, and if there is none, then I'd Page 16 Packet Pg. 43 2.C.1 November 12, 2021 like to ask for a motion. COMMISSIONER SAUNDERS: I'll jump in and say a few things. First of all, thank you for the information, and I certainly appreciate all the extra effort that you've put into this. I'm satisfied with where staff s recommendation is today. That's not to denigrate in any way your efforts, but I think �+ we're -- and I don't really feel that we're rushing into anythiri We've been dealing with this now for a couple months. �e certainly ran into a little bit of rough spot on Tuesday in terms Clerk's issues. That's all been ironed out. I'm ready to today, but I want you to understand and know I respect w ve done. I respect your position, but I think we're ready t m ve forward. CHAIRMAN TAYLOR: Okay. in my -- where I'm looking at this, in conscience, I could ' or this, because I think there's really a problem here. ; COMMISSIONER LoCAST Yeah, I'll just -- CHAIRMAN TAYLOR: missioner LoCastro. COMMISSIONER RO: Yeah. I'll just make a few statements. I appreciate deep dive analysis that any commissioner makes, but I wish that would have been made, you know, years ago when the sports complex was open, and then we wouldn't be s1ktiug here, you know, hiring our second contract and trying to d it t the first time the second time, which is really disappoints mean, you know, very similar people were involved in th rocess. And I don't know what kind of dive was done, b ually, you know, satisfied with this dive. hink every complex is different, so I think some of it isn't apples to apples. You know, you're comparing, you know, a complex that's in Wappingers Falls, Idaho, or whatever to, you know, a complex that's here in Southwest Florida. I'm looking more at the overall company itself. I think it is extremely important to see the Page 17 Packet Pg. 44 2.C.1 November 12, 2021 financial success of the company in other places, but I think it's one variable. I think our staff did, you know, a deep dive, and I would hope it was much deeper than was done the first time. I also think the presentations by the companies matter as well. And I'm not wowed by, you know, folders and glossy pictures an whatnot, but I think also, too, you know, I've done my own re divinginto all the companies that were finalists and whatnot` p �► And, you know, at some point you've got to trust y tout a little bit. We're never going to have 100 percent guarante 's -- and that's why we have all these out clauses. If we ha 0 percent guarantee, then the first contractor would be s a e acility doing great things, and we'd all be applauding that p s . So even when everybody was proud of their work the fir, time, now everybody's sitting here saying, we can't wait tilLt t. But we have ways of getting you, you know, as well. So this is a contract that's both wa think you can sit here and peel this thing back, you kno eath. And I would hope that that's what our -- or I fee ent that's what our county team did. I wasn't impressed a few ays ago, but I would expect that you've had some pretty, you know, deep -dive discussion. I mean, the county clerk just left a e mail on my phone, maybe all of our phones, saying that s t ou t, you know, exponential progress had been made in a ery rt time and that she was very impressed and felt, you know, confident. ally -- you know, I really respect Crystal's analysis on c lot. We talk a lot. And she definitely points out things so es. Maybe some people might think she's a little rough around the edges. I don't care how she is around the edges. I just care about the numbers. But I don't think anything's going to be 1,000 percent perfect, but I agree with Commissioner Taylor. I would -- I'd rather make no I Packet Pg. 45 November 12, 2021 2.C.1 decision now than a bad decision, but I feel like you are an extremely solid company. The things that I've looked into, I've been very impressed by. And, like I said, it's like any other contract; we always have an out. And I think, you know, kicking the can and keeping the cu t company certainly isn't the way to go. And I think you -all fe enough pressure to have success here in Southwest Florida. 's your reputation on the line as well. So I can tell you, we're to be screaming from the mountaintops at how crappy you pany is if something happens or, on the flip side, singing yo ses that, you know, you came into an operation and went f s to first. So I don't -- you know, I've done a lot of ework these last couple days as well and, you know, I feel nfi ent that with the options that we had to choose from hat I'm settling for the best of the worst, or sometimes it' @1 aid in this room, I hate all the options; I'm going to vote for it e ne I hate the least. I'm not saying that here. I agree wit Symissioner Saunders. I think we have a chance to acceler ports complex, and I think you're the company to do it. And this cont act, you know, will continue to have additions added. I'm sur '11 have amendments and different things that pop up, whether i ' am g rights or whatnot. And I think your company s a ck record across the country of taking things to a national le opposed to some of the local folks that came here. So I ow, what questions I have, I've already -- have already b ered for me. AIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: You know, I agree with Commissioner Saunders. I mean, I respect the way you feel about the process, but we have a procurement process that we went through, and we have to trust our staff and, in my opinion, yeah, I Page 19 Packet Pg. 46 2.C.1 November 12, 2021 mean, could we have been a little more prepared on Tuesday, probably, but I think we've gotten to the goal line. I have the utmost confidence in the company here that's being selected, and I think the sky is the limit. So I'm going to support awarding the contract. CHAIRMAN TAYLOR: So do I hear a motion? COMMISSIONER SAUNDERS: Yeah. Madam Chai ,r make a motion to approve the agreement that's before us th* morning. O COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Motion on the flo nd I'm looking for Terri. She's not here. Motion o e o and a second. All those in favor, say aye. COMMISSIONER SOLIS: jee COMMISSIONER LoCAST COMMISSIONER SAUND CHAIRMAN TAYLOR: Td, like sign. Aye. It carries 3-1. MR. CLEMENT: I?ank you. We'll serve you well. CHAIRMAN TAYLOR: Thank you. MR. ISAC ON: Commissioners, before you adjourn, I just want to exte no of appreciation to Jennifer Reynolds and Marissa F ey over the last 48 hours working on behalf of my office invo ith some of these discussions. So I wanted to put that t record. IRMAN TAYLOR: Any other comments, commissioner co nts? COMMISSIONER SAUNDERS: Yeah. I'll make one quick comment. I want to thank the County Manager, the County Attorney, and the Clerk for -- CHAIRMAN TAYLOR: Here, here. Page 20 Packet Pg. 47 November 12, 2021 2.C.1 COMMISSIONER SAUNDERS: -- going above and beyond a little bit to make this work. I was -- I knew the quality of the people that were involved, so I knew you could work it out, and we're here today because of that, so thank you for that extra effort. CHAIRMAN TAYLOR: Especially for working on Veter Day, Mr. Teach. Any other comments? (No response.) CHAIRMAN TAYLOR: All right. Page 21 Packet Pg. 48 November 12, 2021 2.C.1 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:33 a.m. BOARD OF COUNTY COMMISSIONER BOARD OF ZONING APPEALS/EX bw OFFICIO GOVERNING BOARD(S) Of� SPECIAL DISTRICTS UNDER IT-$ONTROL r1 ' PENNY TAYLOR, ATTEST 0 CRYSTAL K. KINZEL, CLERK ��y" A These minutes app oved by the Board on , as presented or as corrected TRANSCRUWPREPARED ON BEHALF OF FORT MYERS CO ORTING BY TERRI L. LEWIS, RPR, FPR-C, C EPORTER AND NOTARY PUBLIC. Page 22 Packet Pg. 49