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BCC Minutes 01/13/2015 R BCC REGULAR MEETING MINUTES January 13, 2015 January 13, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 13, 2015 LET IT BE REMEMBERED, that the Collier 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: Tom Henning Tim Nance Penny Taylor Donna Fiala Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Tim Durham, Executive Manager of Business Operations Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority r` 4t0120 - AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 January 13, 2015 9:00 AM Commissioner Tom Henning, District 3 - BCC Chair Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair Commissioner Donna Fiala, District 1 - CRAB Chair Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair Commissioner Penny Taylor, District 4 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. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION Page 1 January 13, 2015 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 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. 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 DEPARTMENT 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 DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples 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. November 18, 2014 - BCC/Regular Meeting C. December 2, 2014 - BCC/City of Marco Island Workshop D. December 9, 2014 - BCC/Regular Meeting E. Selection of Chairman and Vice-Chairman Page 2 January 13, 2015 1) That the Board appoint its members to offices of the Board of County Commissioners, the Community Redevelopment Agency, the Tourist Development Council, the Community and Economic Development Board and the Public Safety Coordinating Council, and to authorize the new Chairs for both the Board of County Commissioners and the Community Redevelopment Agency to execute all documents approved at both this meeting and those documents which were previously approved but are pending signature. 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing the 18th Annual Dr. Martin Luther King, Jr. Parade and Celebration. To be accepted by Harold Weeks, Diaan Keeys, Sharon Franklin, Irene Williams, DJ Johnson and Barbara Melvin. Sponsored by the Board of County Commissioners. B. Proclamation designating January 14, 2015 as Kindness Awareness Day in Collier County. To be accepted by Bob Votruba, One Million Acts of Kindness. Sponsored by the Board of County Commissioners. 5. PRESENTATIONS A. Recommendation to recognize Linda Swisher, Administrative Secretary, Ochopee Fire Control District as the Employee of the Year for 2014. B. Presentation of the Collier County Business of the Month for January 2015 to William C. Huff Companies. To be accepted by Jim Henderson, President, William C. Huff Companies; John Purchase, General Manager; Jason Abidin, Client Relationship Liaison; Sue Huff, Public Relations. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 3 January 13, 2015 Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. This item continued from the December 9, 2014 Meeting. Recommendation that the Board of County Commissioners approve the Clam Bay Natural Resource Protection Area (NRPA) Management Plan (Plan) and authorize Pelican Bay Services Division to administer the Plan. (Neil Dorrill, Pelican Bay Services Division Administrator) B. Recommendation to approve the Office of Business and Economic Development's proposed revision to Collier County's Basic Industry Growth Promotion Incentive. (Bruce Register, Office of Business and Economic Development Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 4 January 13, 2015 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Venezia at Treviso Bay, PL20130000547, and to authorize the County Manager, or his designee, to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of$16,579.53 to the Project Engineer or the Developer's designated agent. 2) Recommendation to approve final acceptance of the water utility facility for Bucks Run Reserve, PL20110001721, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. 3) Recommendation to approve final acceptance of the privately owned utility facility for Summit Place, Phase II, PL#20130000309, and authorize the County Manager, or his designee, to release a Utility Performance Security (UPS) and Final Obligation Bond in the total amount of$5,800 to the Project Engineer or the Developer's designated agent. 4) Recommendation to approve an extension of one year for completion of infrastructure improvements associated with Vercelli (AR - 9669), Italia (AR - 9746), and Lipari - Ponziane (AR - 10023) all within Treviso Bay pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code. 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Maple Ridge Estates Model Lots, Application Number PL20140001799. 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Esplanade at Hacienda Page 5 January 13, 2015 Lakes Amenity Center, Application Number PL20140002352. 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Residences at Mercato, (Application Number PL20140001634) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Howell-Roberts Subdivision, Application Number PL20140001528. 9) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Classic Plantation Estates, Phase Three, Application Number AR-7433 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 10) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$19,560 which was posted as a development guaranty for work associated with Tamiami Hyundai, Early Work Authorization (EWA) PL20130001223. 11) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$16,400 which was posted as a development guaranty for work associated with Hacienda Lakes of Naples Phase 2, Early Work Authorization (EWA) PL20130002722. 12) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$69,000 which was posted as a guaranty for Excavation Permit Number 60.082, (PL20130000589) for work associated with Hacienda Lakes of Naples, Phase 2. 13) Recommendation to approve an Easement Agreement for the purchase of a road right-of-way, drainage and utility easement (Parcel 145RDUE2), required for the expansion of Golden Gate Boulevard Page 6 January 13, 2015 from east of Wilson Boulevard to 20th Street East. (Project No. 60040.) Estimated Fiscal Impact: $2,227. 14) Recommendation to approve a Resolution adopting the Growth Management Division Title VI Program in accordance with the requirements set forth in Title 49 Code of Federal Regulations Part 21 for compliance with ongoing receipts of Federal Department of Transportation grant funding. 15) Recommendation to award Contract No. 14-6319 for Verification Testing Services for Collier Boulevard & Green Boulevard to Allied Engineering & Testing, now known as GFA International, Inc., Project #68056 (Fiscal Impact $350,000). 16) Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance dissolving the Parklands Collier Community Development District. 17) Recommendation to award ITB No. 14-6346, Traffic Operations Signal Components, to the following vendors: Multicom Inc., Transportation Control Systems, Peek Traffic Corporation, Express Supply, Temple Inc., Traffic Signal Inc. 18) Recommendation to update the estimated annual expenditure for Contract No. 14-6229, "Installation and Maintenance of Traffic Signals and Roadway Lighting," to include work for the Emergency Vehicle Signal Priority System, within the approved fiscal year budget. 19) Recommendation to approve the termination of a 2005 Developer Agreement between Collier County and Naples Syndications, LLLP and approve a replacement Developer Agreement between the County and the new Developer, ARGO Warm Springs LLC, to among other things design, permit and construct of a portion of Woodcrest Drive. 20) Recommendation to approve the lowest bid item prices, which have been determined to be reasonable by the County, for the Developer to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard in a manner consistent with the Developer Agreement between Hacienda Lakes of Naples LLC Page 7 January 13,2015 (Developer) and Collier County (County). 21) This item continued from the December 9, 2014 BCC Meeting. Recommendation to approve the Amended and Restated Interlocal Agreement for Creation of the Collier Metropolitan Planning Organization (MPO). 22) Recommendation to approve and authorize the Chairman to execute FDEP Agreement 14C01 for cost share funding with the Florida Department of Environmental Protection - Division of Water Resources Beach Management Funding Assistance Program for the FY 2013 Collier County Beach Nourishment project and make a finding that this item promotes tourism. 23) Recommendation to approve an easement agreement for the purchase of a road Right-of-Way, Drainage and Utility Easement (Parcel 206RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: Approximately $78,727) 24) Recommendation to approve a Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT), for the maintenance of the intersection improvements on Pine Ridge Road at US 41, upon completion of the FDOT intersection improvements project, Financial Project No. 435393-132/52/62-01, and a Resolution authorizing the Chairman to sign the Agreement. 25) Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of Veterans Memorial Boulevard Right- of-Way described in Official Record Book 4829, Pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East, Collier County, Florida (VAC-PL20140002499). 26) Recommendation to approve Petition VAC-PL20140001157, to quitclaim and release the County's interest in the 30-foot strip of land described as an easement for public right-of-way as recorded in Official Record Book 160, Page 197 of the Public Records of Collier County, Florida, located in Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Page 8 January 13, 2015 Exhibit A. 27) Recommendation to approve a Standard Zero-Dollar Construction Agreement with the State of Florida Department of Transportation (hereinafter "FDOT") pertaining to the construction of a traffic signal at the intersection of SR 951 and Fiddlers Creek Parkway, which FDOT slightly modified after Board approval to reference the final contract construction plans as attached to and incorporated as part of the Agreement. B. COMMUNITY REDEVELOPMENT AGENCY 1) Request that the Collier County Board of County Commissioners (BCC) as the Community Redevelopment Agency Board (CRAB) adopt an ordinance to amend Ordinance No. 2002-38, "The Collier County Redevelopment Grant Program Ordinance," in order to adopt a Commercial Sweat Equity Grant Program for the Immokalee Community Redevelopment Area. 2) Recommendation that the Collier County Board of County Commissioners (BCC) as the Community Redevelopment Agency Board (CRAB) approve and award RFP #14-6237 for Construction Engineering Inspection (CEI) Services to AMEC Environmental & Infrastructure, Inc. for the Immokalee Stormwater Improvements — Phase II (Immokalee Drive) Project and authorize the Board Chair to execute the Agreement. 3) Recommendation for the Collier County Board of County Commissioners (BCC) as the Community Redevelopment Agency Board (CRAB) approve and award RFP #14-6252 for Construction Engineering Inspection (CEI) Services to AMEC Environmental & Infrastructure, Inc. for the Colorado Avenue Improvements Project and authorize the Board Chair to execute the Agreement. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a $646,100 work order to Douglas N. Higgins, Inc., under Request for Quotation Number 14-6213-10 to install four wastewater force mains near the Immokalee Road/Collier Boulevard intersection, Force Main Technical Support Project Page 9 January 13, 2015 Number 70044. 2) Recommendation to approve a change order to increase the annual estimated not to exceed amount for Contract Number 11-5698 with N. Harris Computer Corporation by $104,000 for maintenance, hosted credit card payment processing and technical services due to an increasing volume of payments via the Web and telephone, and for programming services to develop critical interfaces with City Works software to support Full-Scale Implementation Project Number 2 within the asset management project. 3) Recommendation to award Bid No. 14-6327, "Elevator and Stairs for the South County Water Reclamation Facility," to Heatherwood Construction Company, in the amount of$495,623 for Project No. 73969, South County Water Reclamation Facility Technical Support for ADA, Fire and Building Code compliance and safety enhancements. 4) Recommendation to award Contract #14-6353, Financial Consulting Services, to Public Resources Management Group, Inc., and authorize the Chairman to execute the attached contract. 5) Recommendation to award Bid #14-6262, "Collection and Recycling of Latex Paint," to Scott Paint Company, Inc., as the primary vendor, and to Clark Environmental, Inc., as the secondary vendor. 6) Recommendation to approve the selection committee rankings and to enter into contract negotiations with CDM Smith, Inc., for Request for Proposal No. 14-6287, Design and Related Services for Deep Injection Wells, Project Number 70104. 7) Recommendation to approve a Florida Department of Transportation (FDOT) Work Order/Change Order in the amount of$142,128 related to the Utility Work by Highway Contractor Agreement (UWHCA) between the FDOT and the Collier County Water-Sewer District (CCWSD) for the relocation of CCWSD utilities along U.S. 41 between County Road 951 and Greenway Road, Project #70045. D. PUBLIC SERVICES DIVISION Page 10 January 13,2015 1) Recommendation to approve a release of lien for payment of a Countywide impact fee deferral agreement obligation. 2) Recommendation to accept and execute the attached FY14-15 Florida Commission for the Transportation Disadvantaged Shirley Conroy Rural Area Capital Assistance Program Grant award in the amount of $58,298, which includes a local match of$5,830 and authorize the necessary budget amendments and approve the purchase of one paratransit vehicle utilizing those funds. 3) Recommendation to award Invitation to Bid #15-6373 Senior Food Program to G.A. Foods Service Inc. and authorized the Chairman to execute a County Attorney approved contract. 4) Recommendation to approve a release of lien for repayment of an obligation under a Countywide impact fee deferral agreement. 5) Recommendation to award Contract Number 14-6338 Eagle Lakes Community Park Pool Design Services to Victor J. Latavish Architect, P.A., for professional architectural services, and authorize the Chairman to execute the attached contract. 6) Recommendation to terminate for convenience Contract No. 13-6173 for "Outsourcing of County Concessions within Park Facilities" awarded to NASA Holdings of Miami, Inc. d/b/a Concession Service Systems. 7) Recommendation to award Invitation to Bid No. 15-6386 for Fitness Equipment for Eagle Lakes Park to Commercial Fitness Products, Inc. 8) Recommendation to approve two State Housing Initiatives Partnership Program releases of lien in the amount of$17,685.96 for owner occupied affordable housing dwelling units where the obligation has been repaid in full. 9) Recommendation to approve two Modifications to Subgrant Agreement with the Florida Department of Economic Opportunity that extend the project completion date to June 30, 2015 for the Hatcher's Preserve Project funded with Disaster Recovery Grant. Page 11 January 13, 2015 10) Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an ordinance amending the Conservation Collier Ordinance, to reduce the number of members on the Advisory Committee from nine to seven and the quorum requirements from five to four members when not in an active acquisition phase. 11) Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$98,140. 12) Recommendation to approve a Resolution authorizing the submittal of a revised Federal Transit Administration Sections 5339 FY2013/2014 grant application and applicable documents and submit them to the Florida Department of Transportation. 13) Recommendation to approve the Resolutions authorizing the submittal of the Federal Transit Administration Sections 5310, 5311 & 5339 FY2015/2016 grant applications and applicable documents and submit them to the Florida Department of Transportation (FDOT). 14) Recommendation to approve Amendment Number 4 to the agreement with the David Lawrence Mental Health Center, Inc. for mental health and substance abuse services to conform with the most recently approved AHCA/Low Income Pool program. 15) Recommendation to authorize a budget amendment recognizing $62,000 approved for reimbursement from the GAC Land Trust Fund for purchase of fitness and recreational equipment for the Louise Hasse Community Center. 16) Recommendation to authorize the purchase of athletic field marking paint from Florida Trasncor, Inc., under Collier County Contract No. 14-6222. 17) Recommendation to approve the use of the previous awarded Invitation to Bid No. 14-6278RR, "Aquatic Maintenance Support Services" with Tri-City Pools, Inc. for budget-approved capital and operating expenses. Page 12 January 13, 2015 E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to re-appropriate $150,000 previously approved in Fiscal Year 2014, from the GAC Land Trust, to assist the Golden Gate Fire Control & Rescue District to equip previously acquired vehicles with firefighting apparatus. 2) Recommendation to provide after-the-fact approval of the Assistance to Firefighters Grant application that was electronically submitted to the Federal Emergency Management Agency for the purchase of 88 mobile radios and 100 portable radios in the amount of$717,374 ($652,159 grant and $65,215 County match). 3) Recommendation to approve an Assumption Agreement with iDSS Global LLC, as it relates to Contract #12-5939 Web Based Destination Management System to provide the Tourism Department with a comprehensive suite of digital marketing products and services. 4) Recommendation to approve, after-the-fact, the electronic submittal of a Federal Emergency Management Agency Assistance to Firefighter's Grant application in the amount of$38,501 ($36,668 grant and $1,833 match) for the purchase of a Vehicle Exhaust Extraction System for the Ochopee Fire Control District. 5) Recommendation to approve, after-the-fact, the electronic submittal of a Federal Emergency Management Agency Assistance to Firefighter's Grant in the amount of$41,006 ($39,054 grant and $1,952 match) for the purchase of a Vehicle Exhaust Extraction System for the Isle of Capri Fire District 6) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement with Tetra Tech, Inc. as it relates to Contract #14-6188 for Federal Emergency Management Agency (FEMA) Acceptable Monitoring for Disaster Generated Debris. 7) Recommendation to approve an Assumption Agreement with Hawkins, Inc. (registered in Florida as Hawkins Water Treatment Group, Inc.) d/b/a The Dumont Company as it relates to Contract #12- 5845/#12-5845R to provide countywide chemicals for use by the Public Utilities Division to ensure fully compliant water, wastewater, Page 13 January 13, 2015 and irrigation quality water services. 8) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 9) Recommendation to waive competition and authorize the purchase of certain fleet parts, repairs and services for County vehicles and equipment from local Ford dealerships on an emergency basis until contracts can be put in place and to authorize purchases from the single-source supplier Wallace International Trucks located in Ft. Myers. F. COUNTY MANAGER OPERATIONS 1) 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. 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 the Tourism Department's application for a Visit Florida grant to support future marketing for Medical Meetings in the total amount of$40,000 and authorize the County Manager or his designee to execute the application and make a finding that this item promotes tourism. G. AIRPORT AUTHORITY 1) Recommendation to approve and execute a Collier County Airport Authority Standard Form Lease with the Florida Department of Military Affairs at the Immokalee Airport. 2) Recommendation to approve and execute a Collier County Airport Authority Standard Form Lease with Fogarty Flying Services at the Marco Island Executive Airport. 3) Recommendation to approve and execute a Commercial Aviation Operations License Agreement between the Collier County Airport Page 14 January 13, 2015 Authority and Career Flight Training and Aircraft Rental, Inc., at the Marco Island Executive Airport. 4) Recommendation to approve and execute a First Amendment to T- Hangar Lease Agreement with Marvin Courtright and to approve and execute a First Amendment to Commercial Aviation Operations License Agreement with Marvin Courtright dba Hummingbird Flight Service LLC at the Immokalee Airport. 5) Recommendation to approve and execute a Collier County Airport Authority Standard Form Lease with Phelps Collins Aviation, Inc. D/B/A Aviation North at the Marco Island Executive Airport. 6) Recommendation to adopt the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2015. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to reappoint members to the Golden Gate Community Center Advisory Board. 2) Recommendation to appoint member to the Isles of Capri Fire Control District Advisory Committee. 3) Recommendation to appoint one member to the Collier County Public Safety Authority. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on December 18, 2014. The sum of$18 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of December 4, 2014 Page 15 January 13, 2015 through December 10, 2014. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of December 11, 2014 through December 17, 2014. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of December 18, 2014 through December 23, 2014. 4) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of December 24, 2014 through December 31, 2014. 5) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of January 1, 2015 through January 7, 2015. 6) To provide the Board of County Commissioners the Clerk of the Circuit Court's Office regarding Audit Report 2014-13 North Collier Regional Park — Cash Handling issued on January 7, 2015. K. COUNTY ATTORNEY 1) Recommendation to approve a Retention Agreement for Legal Services with McLaughlin & Stem, LLP. 2) Recommendation to authorize the County Attorney's Office to file a Petition for Administrative Hearing in response to the Florida Department of Health's Administrative Complaint captioned Department of Health v. Collier County EMS, Case No. 2013-13123 regarding an EMS call from December 2012. 3) Recommendation to direct the County Attorney to advertise and bring back to the Board of County Commissioners for future consideration an amendment to the Collier County Litter, Weed, and Exotics Control Ordinance (Ordinance No. 2005-44, as amended) intended to define and regulate the composting of organic materials on residential properties. Page 16 January 13, 2015 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 an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project known as Collier 36 RPUD to allow development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard (CR 951) and north of Bucks Run Drive in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 10± acres; and by providing an effective date [PUDZ- PL20140000340]. 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 Petition VAC- PL20140002509 to disclaim, renounce and vacate the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are Page 17 January 13, 2015 required to be sworn in. Recommendation to approve a Resolution designating property commonly known as Mar-Good Harbor Park, formerly the Mar-Good Resort Property, as a historically significant site, pursuant to the historic/archaeological preservation regulations as provided in Section 2.03.07.E of the Collier County Land Development Code. The subject property is located in Goodland in Section 18, Township 52 South, Range 27 East, Collier County, Florida, consisting of 2.62 acres. [Petition HD-2006- AR-10679] D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2014-15 Adopted Budget. E. Recommendation to adopt an ordinance to be known as the Collier County Anti-Harassment Ordinance, making it a misdemeanor to harass a bicyclist, pedestrian, runner, or a person in a wheelchair using the public right-of-way. F. Recommendation to adopt an ordinance repealing Ordinance No. 87-65, in its entirety, as codified in Section 2-396 of the Code of Laws and Ordinances (Investment, Reimbursement of Surplus Public Funds). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 January 13, 2015 January 13, 2015 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Good morning. Welcome to the Board of Commissioners meeting. If you would either silence or turn off your cell phone, it will help us with today's proceeding. Item #1A INVOCATION GIVEN BY PASTOR MICHAEL BANNON — CROSSROADS COMMUNITY CHURCH OF NAPLES Today's invocation will be given by Pastor Michael Bannon from Crossroads Community Church, followed by the Pledge of Allegiance. Would you all rise. PASTOR BANNON: Let's pray. Father God, thank you for the privilege of gathering here this morning as we have just crossed into the threshold of a new year, with new opportunities, new challenges. I pray that we are not the same people, but rather a people who are changed and willing to be changed. Father, as we enter into a meeting where decisions are made concerning our life and our livelihood, I pray that you would bless our County Commissioners with great wisdom and insight, pray that you would surround them with wise advisers who give them good advice, and I pray as well for us as citizens, that we would keep these people in prayer, that we would be respectful, and that we would be grateful for the service they provide. Father, thank you for blessing us with a gorgeous community in which to live. What a blessing. And I pray that you would teach us to be patient as it takes a little longer to get places these days. But Lord, you are good, and we're thankful and we commit this time to you. For the glory of God we pray, amen. Page 2 January 13, 2015 CHAIRMAN HENNING: Thank you. (Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Okay, Leo, walk us through the change sheet, please. 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, Mr. Chairman, Commissioners, and Happy New Year. We have several proposed changes to your agenda today. The first is to continue Item 16.A.19 to the January 27th, 2015 BCC meeting. That request is made by the petitioner. There's a companion PUD amendment coming at that meeting, and the idea is to combine both items at the same time. The next proposed change is to move Item 16.D.17 from your consent agenda to become Item 11 .0 on your regular agenda. That's a contract award regarding Aquatic Support Services. That's at Commissioner Henning's request. The next proposed change is to move Item 16.D.5 from your consent agenda to become 11.D on your regular agenda. It's a recommendation to award a contract for community pool design services for the proposed Eagle Lakes Community Pool. That request is made by Commissioner Nance. Next proposed change is to move Item 16.E.9 from your consent agenda to become Item 11 .E on the regular agenda. It's a recommendation to waive competition and enter into some temporary Page 3 January 13, 2015 emergency contracts for various fleet parks and services. And that move is made at Commissioner Henning's request. The next proposed change is to move Item 16.J.6 from your consent agenda to become Item 13.A under the Clerk of Courts. And that is a presentation of the cash handling audit report for the North Collier Regional Park. Commissioners, I received some communication just before the meeting from Commissioner Taylor on a couple of additional moves that she had requested. The first is to move Item 16.D.6 from the consent agenda to become Item 11.F on the regular agenda. That's a recommendation by staff to terminate a concession agreement. And the final change by Commissioner Taylor is to move Item 16.B.1, which is also on your change sheet as some corrections to the title of the executive summary, to the regular agenda for discussion. And that would become Item 14.A on your regular agenda, Commissioners, under your CRA. We have one clarification today on Item 16.K.3. That's your proposed composting ordinance. That composting is permitted on any Residential or Estates Property. So we are adding the Estates Property into that Ordinance. And the final reminder, this is before all the changes, but in the event that we are finished before 1 :00 p.m., that's the normal time that your public comment is scheduled for hearing. If you're concluding with your regular agenda business prior to 1 :00 p.m., we will then hear your public comments. And your agenda requires that they're heard no sooner than 1 :00, unless otherwise noted. So we're making that notation. And those are all the changes that I have, Mr. Chairman. CHAIRMAN HENNING: County Attorney, are you certifying that these proposed changes are legally valid? MR. KLATZKOW: Yes, sir. Page 4 January 13, 2015 CHAIRMAN HENNING: Okay. Commissioner Taylor, any ex parte communication on today's consent -- COMMISSIONER TAYLOR: No. CHAIRMAN HENNING: -- or summary agenda or any further changes? COMMISSIONER TAYLOR: No. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I do. I have no disclosures on the consent agenda, but -- MR. OCHS: Commissioner, excuse me, I'm so sorry, ma'am, could you please move your microphone a little closer so people can hear you? COMMISSIONER FIALA: Sure. You want to hear my lilting voice? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: All right. On the summary agenda -- thank you, Leo. On the summary agenda on 17.A I had correspondence and emails. On 17.C, this was the Margood Harbor Park, Goodland is part of my District, and so I've had a lot of meetings with the people, correspondence, emails, telephone calls. I've met with staff and with the Goodland Arts Alliance. That's it. CHAIRMAN HENNING: Okay, I have no ex parte communication on today's agenda or no further changes to the agenda. Commissioner Hiller? COMMISSIONER HILLER: Thank you. To begin, Happy New Year everybody and welcome back. 2015 is going to be a good year for the Board as a whole. Leo, can I ask you a question? Could you repeat, 16.D.F (sic) was moved to -- MR. OCHS: 16.D.6 -- Page 5 January 13, 2015 COMMISSIONER HILLER: Oh, D.6? I'm sorry, that's what I meant. MR. OCHS: Would be moved to Item 11.F, Commissioner. COMMISSIONER HILLER: 11 .F. That's where I got confused. The F and the 6 got transposed. Thank you. Thanks for clarifying. I have no ex parte communication. And with respect to the agenda, I would like to move 16.K.2 to the general. MR. OCHS: That would become Item 12.A. CHAIRMAN HENNING: Okay. Is that it, Commissioner Hiller? COMMISSIONER HILLER: Yes. Thank you very much. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Thank you, Mr. Chairman. I have no ex parte on today's consent agenda. On today's summary agenda I've read the staff report on the Collier 36 RPUD, and I have no further changes. CHAIRMAN HENNING: Okay. I understand that we had some speakers on the Consent Item 16.D.6; however, that is moved to the regular agenda 11 .F. And those comments will be taken at that time. MR. MILLER: Yes. And I did inform the registered speakers, sir. CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: Could you -- if I may, Commissioner Henning, could we also inform that if anyone wants to speak to 12.A, that they should register? I believe the Minards are here. If they want to speak to that, that they have the opportunity to do so. CHAIRMAN HENNING: With that said, entertain a motion to approve today -- COMMISSIONER HILLER: You have to register. CHAIRMAN HENNING: -- today's agenda as amended. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: All in favor? Page 6 January 13, 2015 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) MS. MINARD: I give them our paper. I didn't know if it was 12.A. CHAIRMAN HENNING: Entertain a motion to -- COMMISSIONER HILLER: Change it to 12.A. Page 7 Proposed Agenda Changes Board of County Commissioners Meeting January 13,2015 Continue Item 16A19 to the January 27,2015 BCC Meeting: Recommendation to approve the termination of a 2005 Developer Agreement between Collier County and Naples Syndications,LLLP and approve a replacement Developer Agreement between the County and the new Developer,ARGO Warm Springs LLC,to among other things design,permit and construct of a portion of Woodcrest Drive. (Petitioner's request) Move Item 16D17 to Item 11C: Recommendation to approve the use of the previous awarded Invitation to Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for budget-approved capital and operating expenses. (Commissioner Henning's request) Move Item 16D5 to Item 11D: Recommendation to award Contract Number 14-6338 Eagle Lakes Community Park Pool Design Services to Victor J.Latavish Architect,P.A.,for professional architectural services,and authorize the Chairman to execute the attached contract. (Commissioner Nance's request) Move Item 16E9 to Item 11E: Recommendation to waive competition and authorize the purchase of certain fleet parts,repairs and services for County vehicles and equipment from local Ford dealerships on an emergency basis until contracts can be put in place and to authorize purchases from the single-source supplier Wallace International Trucks located in Ft.Myers. (Commissioner Henning's request) Move Item 16J6 to Item 13A: To provide the Board of County Commissioners the Clerk of the Circuit Court's Office regarding Audit Report 2014-13 North Collier Regional Park-Cash Handling issued on January 7,2015. (Commissioner Taylor's request) Note: Item 7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that occurs before 1:00 p.m. Item 16B1 title on agenda index should read: Request Recommendation that the Collier County Board of County Commissioners(BCC)as the Community Redevelopment Agency Board(CRAB)adept an-authorize advertisement of an ordinance to-amend amending Ordinance No.2002-38,"The Collier County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity Grant Program for the Immokalee Community Redevelopment Area. (County Attorney's Office request) Add the following clarification to Item 16K3: Composting is permitted on any residential or estates property..." (County Attorney's request) I/13/201C 8:27 AM January 13, 2015 Item #2B, #2C and #2D MINUTES FROM THE NOVEMBER 18, 2014 BCC REGULAR MEETING; THE DECEMBER 2, 2014 BCC WORKSHOP WITH THE CITY OF MARCO ISLAND AND MINUTES FROM THE DECEMBER 9, 2014 REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN HENNING: -- Approve the November 18, '14 BCC regular meeting and December 2nd, '14 BCC Marco Island workshop, and December 9th, '14 BCC regular meeting. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Hiller. All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. Item #2E BOARD APPOINT ITS MEMBERS TO OFFICES OF THE BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT COUNCIL, THE COMMUNITY AND ECONOMIC DEVELOPMENT BOARD AND THE PUBLIC SAFETY COORDINATING COUNCIL, AND TO AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF COUNTY Page 8 January 13, 2015 COMMISSIONERS AND THE COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE ALL DOCUMENTS APPROVED AT BOTH THIS MEETING AND THOSE DOCUMENTS WHICH WERE PREVIOUSLY APPROVED BUT ARE PENDING SIGNATURE — MOTION TO APPOINT COMMISSIONER NANCE AS BCC CHAIRMAN — APPROVED; MOTION TO APPOINT COMMISSIONER FIALA AS BCC VICE-CHAIRWOMAN — APPROVED; MOTION TO APPOINT COMMISSIONER TAYLOR AS TOURIST DEVELOPMENT COUNCIL CHAIRWOMAN — APPROVED; MOTION TO APPOINT COMMISSIONER HILLER AS CHAIRWOMAN TO THE COMMUNITY & ECONOMIC DEVELOPMENT BOARD — APPROVED; MOTION TO APPOINT COMMISSIONER HENNING AS PUBLIC SAFETY COORDINATING COUNCIL CHAIRMAN — APPROVED; MOTION TO APPOINT COMMISSIONER FIALA AS CRA CHAIRWOMAN — APPROVED; MOTION TO APPOINT COMMISSIONER TAYLOR AS CRA VICE-CHAIRWOMAN — APPROVED CHAIRMAN HENNING: Okay, now we go to 2.E, and that's to select a chair and a vice chair. COMMISSIONER FIALA: I'd like to make a motion please to bring Commissioner Nance from the Vice-Chair up to the Chairman. COMMISSIONER TAYLOR: I'll second that. CHAIRMAN HENNING: Okay. COMMISSIONER TAYLOR: We can second, right, on these? COMMISSIONER FIALA: Sure. CHAIRMAN HENNING: There's a motion by Commissioner Fiala, second by Commissioner Taylor. All in favor of that motion, signify by saying aye. Page 9 January 13, 2015 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: And I'd like to make a motion to nominate Commissioner Fiala as Vice-Chair. COMMISSIONER TAYLOR: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Taylor for Commissioner Fiala to be Vice- Chair. All in favor? COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER TAYLOR: Congratulations. COMMISSIONER FIALA: Thank you. COMMISSIONER HILLER: I'd like to make a motion to nominate Commissioner Taylor as Chair of the Tourist Development Council. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Henning. All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. Page 10 January 13, 2015 CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Economic Development Board? COMMISSIONER NANCE: I would like to -- I believe Commissioner Hiller is the current Community and Economic Development Board. If she would like to continue, I -- COMMISSIONER HILLER: I would. COMMISSIONER NANCE: -- would like to nominate her in that capacity, since she seems to have a lot of enthusiasm for that. COMMISSIONER HILLER: Thank you. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN HENNING: Motion by Commissioner Nance, second by Commissioner Hiller. All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Public Safety Coordination Council? COMMISSIONER FIALA: I'd like to nominate you, Commissioner Henning, as the Chairman for that position. CHAIRMAN HENNING: I have to figure out what they do. Motion by Commissioner Fiala. Dies for a lack of second. COMMISSIONER NANCE: Second. COMMISSIONER FIALA: Too quick. COMMISSIONER NANCE: We're not going to let you get away that easy. Page 11 January 13, 2015 CHAIRMAN HENNING: All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. CRA? COMMISSIONER NANCE: I would like to make a motion that Commissioner Fiala, in addition to her duties as Vice-Chair, continue as Chair of the CRA since I think she does an outstanding job at that. COMMISSIONER TAYLOR: Second. CHAIRMAN HENNING: Motion by Commissioner Nance, second by Commissioner Taylor. COMMISSIONER HILLER: And I make a motion -- well -- CHAIRMAN HENNING: To approve Commissioner Fiala to be the CRA Chairman. All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: I'd like to make a motion to nominate Commissioner Taylor as Vice-Chair of the CRA. COMMISSIONER FIALA: Good. Second. CHAIRMAN HENNING: Yeah, you do have to have a Vice- Chair on that. There was a motion by Commissioner Hiller, second by -- Page 12 January 13, 2015 COMMISSIONER FIALA: Me. CHAIRMAN HENNING: -- Commissioner Fiala for Commissioner Taylor to be Vice-Chair of the CRA. All in favor of that motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now we're going to change seats. COMMISSIONER NANCE: One moment, Mr. Chairman. I'd like to remind you, we have a couple other things that are necessary at this time. One of them is our representatives to the Southwest Florida Regional Planning Council. COMMISSIONER FIALA: That's been you, hasn't it, Commissioner Nance? COMMISSIONER NANCE: It currently is myself and Commissioner Hiller. I would like to hand that off to someone else. COMMISSIONER HILLER: I would too. COMMISSIONER NANCE: Because I think that is -- that is actually I think a very underused thing. I found it very, very productive, particularly with our legislative initiatives. But I would like someone else to take a turn at that if I'm going to be the chair. COMMISSIONER HILLER: I also would like to pass that along. I think that needs to -- I think that position absolutely needs to be rotated every year. COMMISSIONER FIALA: And I had to pass it along last time, so I'm out of that one as well, please. Page 13 January 13, 2015 COMMISSIONER HILLER: So I'd like to make a motion that we nominate Commissioner Henning and Commissioner Taylor to the Regional Planning Council. CHAIRMAN HENNING: What day do they meet? COMMISSIONER HILLER: You can meet telephonically. You don't have to physically meet with them. In the morning. COMMISSIONER NANCE: Thursday. CHAIRMAN HENNING: What Thursdays are they? COMMISSIONER HILLER: Once a month. CHAIRMAN HENNING: Do you recall? COMMISSIONER NANCE: I think it's -- well, the next meeting is on this Thursday. So I think it's the second. Would that be the second? COMMISSIONER HILLER: The third Thursday of the month. CHAIRMAN HENNING: Yeah, I can't make those. I've volunteered my services for the Greater Naples Fire and Rescue to look at fire consolidation. And they meet on the same days, same time. COMMISSIONER HILLER: Do we have to have two appointments? COMMISSIONER NANCE: Yes. COMMISSIONER FIALA: We have to have? COMMISSIONER NANCE: We don't have to have, but we have two. I think it's a shame if we don't. I mean, I don't know if we can rotate somebody in there in somebody's stead, if we can have an alternate, I don't know what the bylaws of their council call for. COMMISSIONER FIALA: Does it have to be a commissioner? COMMISSIONER NANCE: Yes, there are two commissioner seats and there's also citizen appointees from Collier County that are made by the Governor. COMMISSIONER HILLER: But can we -- and maybe this is a question for the County Attorney. Could we delegate a staff member to Page 14 January 13, 2015 represent us in our capacity on that board? MR. KLATZKOW: I don't know offhand. I'd have to get back to you. COMMISSIONER HILLER: Could we defer making a decision until the County Attorney comes back? Because if we could, you know, it would really be beneficial if for example we could have a representative from Growth Management sitting in on that board for us, because I think they would actually get even more benefit out of it than we as individual board members would. COMMISSIONER FIALA: I agree with that. There are some things coming up that we want to address, but they would mostly be with development anyway. COMMISSIONER HILLER: Yeah. And they're really -- it would COMMISSIONER NANCE: I think it might be most salient to know if the Board of County Commission can appoint alternates to sit in those seats. If so, we could shift it around. We could declare all the members alternates and we could work it out as best we can. COMMISSIONER HILLER: Or alternatively like I said have staff that we designate to stand in -- if we appoint Commissioner Henning but he doesn't physically have to attend, and we could appoint someone from Growth Management to be his representative, then it would allow -- it would actually be beneficial, because then we would have someone from Growth Management physically, or, you know, present at that meeting. MR. KLATZKOW: If you can defer this until after your break, I'll get you all that information. CHAIRMAN HENNING: That item is not even on our agenda. So you're withdrawing your motions? COMMISSIONER HILLER: Yep. CHAIRMAN HENNING: Okay, let's change seats. Page 15 January 13, 2015 COMMISSIONER NANCE: Wait a second, we're not finished, Mr. Chairman. COMMISSIONER FIALA: Look at the smile on his face. COMMISSIONER NANCE: I'm going to work him 'til the next available moment. We also need to confirm our representatives on the Gulf consortium, which is currently yourself, Mr. Chair, and Commissioner Fiala. I would hope that you two would remain on that since you're probably current and most knowledgeable on that. Is that acceptable? CHAIRMAN HENNING: Yeah. COMMISSIONER FIALA: Yeah. COMMISSIONER NANCE: I would like to confirm that. And I would also like to make a motion to the Board to declare Commissioner Henning our Board liaison to the Independent Fire Districts. I believe that because of the amount of activity with the independent fire districts and because Commissioner Henning has been very active in that, that it would be a liaison position that we should establish and that which would allow him to come back from time to time and advise the Board of what's taken place so that we can all stay current. Because it seems that he's going to remain active. And I think he's the only one amongst us that was in the past a Fire Commissioner. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Thank you. I couldn't support that. I think, you know, the respective members of the Board should have the opportunity to communicate with their fire districts and bring back information from them as well. I wouldn't want to have just one liaison to all the fire districts. You know, Commissioner Fiala has fire districts within her district, I have a fire district, you know, within mine, Commissioner Taylor has a fire district, you know, within the city. Or not -- I guess it's a district, but, you know, the City Fire Department. COMMISSIONER TAYLOR: Right. Page 16 January 13, 2015 COMMISSIONER HILLER: And I don't think it's appropriate in this particular situation to have one commissioner representing the Board. I think we all should have the opportunity to, you know, work and bring forward information from the fire districts within our respective districts. Because there are constituents. And I don't think under the circumstances it would be appropriate to nominate him as the sole representative. Although I will say, I do value the amount of work he has done and his commitment to the effort, and do very much respect his history having been a fire commissioner. So he's to be commended, but I just don't agree with the position, and furthermore, it's not on the agenda. COMMISSIONER NANCE: With all due respect, I don't think it would preclude any of us from bringing anything forward. But I think a little bit of structure is well timed on that item. But that's just my opinion. COMMISSIONER HILLER: I appreciate it, but I can't support it. CHAIRMAN HENNING: That's all right, Commissioner Nance, they've asked me to join them. COMMISSIONER NANCE: Thank you, sir. CHAIRMAN HENNING: Okay, let's change seats. COMMISSIONER FIALA: I think you said that three four or five times. COMMISSIONER HILLER: Commissioner Nance? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: May I say something before you get started? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Thank you. To begin, congratulations, and welcome. We value your service as our new Chair and we look forward to a really good year. And I think everybody should give Commissioner Henning a round of Page 17 January 13, 2015 applause and thank him very much for his service in 2014. (Applause.) CHAIRMAN NANCE: As a matter of fact, my first duty as Chair is going to be to present Commissioner Henning with this plaque of our appreciation, not only from the Board but from the citizens of Collier County for his services. (Applause.) CHAIRMAN NANCE: Now he has his own permanent hammer which he can of course pull out of his pocket as needed. But he provided some great senior leadership and guidance over the past year through some many difficult issues, and we sincerely thank him for his tenacity and perseverance and his service. Thank you, sir. COMMISSIONER HENNING: Thank you. (Applause.) CHAIRMAN NANCE: Now, Mr. County Manager, I believe that takes us to service awards, if any? MR. OCHS: Yes, sir, Mr. Chairman. Congratulations. There are no service awards, so that would take us to your proclamations this morning. Also would like to on behalf of the staff thank Chairman Henning for a tremendous year of service. It was a pleasure working with you, sir, and congratulations to all the commissioners on your new appointments, and we look forward to working with you throughout the year. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A Page 18 January 13, 2015 PROCLAMATION RECOGNIZING THE 18TH ANNUAL DR. MARTIN LUTHER KING, JR. PARADE AND CELEBRATION. ACCEPTED BY HAROLD WEEKS, DIAAN KEEYS, SHARON FRANKLIN, IRENE WILLIAMS, DJ JOHNSON AND BARBARA MELVIN. SPONSORED BY THE BOARD OF COUNTY COMMISSIONERS — ADOPTED MR. OCHS: So that takes us to 4.A, Mr. Chairman. That's a proclamation recognizing the 18th annual Dr. Martin Luther King, Jr. Parade and Celebration. To be accepted by Harold Weeks, Diaan Keeys, Sharon Franklin, Irene Williams, DJ Johnson, and Barbara Melvin. And this item is sponsored by the entire Board of County Commissioners. If you'd please step forward and receive your proclamation. (Applause.) MR. WEEKS: Good morning, Commissioners, good morning those in the audience and those in TV land out there. I know you're there someplace. Thank you very much for this proclamation. It means a lot, not only to myself but I'm quite sure to the community. I want to welcome Commissioner Taylor into the den. And the rest of you as usual looking great. 2015 I feel is going to be a tremendous year. We're all going to work together and hopefully in unity. I want to say this, at our parade, which is Martin Luther King Day, which is the 19th of this month, that will be this coming Monday, we remember, we are a blue zone county. And I'm looking for all of you, now is the time to start that walk. So I'm asking you to walk with us on the 19th of January. Let's start it off right. Thank you very much. And I know Ms. Chairman has something she wants to say. Page 19 January 13, 2015 MS. KEEYS: Good morning, everyone. Good morning, Commissioners. Thank you, Commissioner Taylor, for asking all the people you have gotten together to walk with us in solidarity on Monday morning. Anyone who is interested, the parade lineup starts at 9:30. The parade actually starts at 11 :00 a.m. We will begin our celebration in Cambier Park at noon which goes until 3:00. And our goal was to bring all the schools together, so we have many of the young kids will be performing their step teams, their bands. Please come out and support them and support the vendors in our community. Because we will have several organizations who will be showing their items in the park. So we look forward to your support. Thank you very much. Thanks again, Commissioner. COMMISSIONER FIALA: May I ask, at 9:30, as people assemble for the parade, where do they assemble? MS. KEEYS: They start at the corner of Broad and Third Streets. And then the parade goes around to Fifth Avenue and then up to Cambier Park. And we have some great floats this year. We have a submarine, we have the mosquitoes, we have lots of stuff. So please bring the kids out and everyone come out and support us. Thank you very much. (Applause.) Item #4B PROCLAMATION DESIGNATING JANUARY 14, 2015 AS KINDNESS AWARENESS DAY IN COLLIER COUNTY. ACCEPTED BY BOB VOTRUBA, ONE MILLION ACTS OF KINDNESS. SPONSORED BY THE BOARD OF COUNTY COMMISSIONERS — ADOPTED Page 20 January 13, 2015 MR. OCHS: Item 4.B is a proclamation designating January 14, 2015 as Kindness Awareness Day in Collier County. To be accepted by Bob Votruba, One Million Acts of Kindness. This item is sponsored by the entire Board of County Commissioners. If you'd please step forward and receive your Proclamation. (Applause.) MS. HEALY-DOONEY: Hi. Good morning, everyone. Bob has asked me to say a few things here. We're really excited about tomorrow, January 14th, being Kindness Awareness Day. While kindness is important every day, it's pretty amazing that as a community we can come together to bring kindness to spread around. So schools, local businesses and individuals are gearing up and ready for tomorrow. So we ask all of you here as well to join us in whatever way you see fit. Spread the message of kindness tomorrow with us. Thank you. MR. OCHS: Mr. Chairman, if we may have a motion to approve the proclamations this morning? CHAIRMAN NANCE: Is there a motion to approve? COMMISSIONER HILLER: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Thank you. Item #5A Page 21 January 13, 2015 RECOGNIZING LINDA SWISHER, ADMINISTRATIVE SECRETARY, OCHOPEE FIRE CONTROL DISTRICT AS THE EMPLOYEE OF THE YEAR FOR 2014 — PRESENTED MR. OCHS: Mr. Chairman, that moves us to Item 5 on your agenda this morning, presentations. Item 5.A is a recommendation to recognize Linda Swisher, Administrative Secretary with the Ochopee Fire Control District as the Employee of the Year for 2014. Linda, would you please step forward. (Applause.) CHAIRMAN NANCE: Thank you very much. Here's a plaque commemorating you as Employee of the Year in Collier County and a small token of our appreciation for your service. Thank you so very much. MS. SWISHER: Thank you. (Applause.) MR. OCHS: Commissioners, let me tell you and the audience a little bit more about Linda while she poses for her photo. Each year one employee among those honored during the year as Employee of the Month is selected by a committee for special recognition as the Employee of the Year. This year's honoree is Linda Swisher. Linda has been an employee of the county for more than 28 years. She's been an invaluable employee of the Ochopee Fire Control District, having served as administrative secretary for three fire chiefs and has navigated many changes in the district throughout the years. Linda's primary duties include daily operations of the Ochopee Fire Control Administration Office, handling all clerical and secretarial responsibilities, and providing operational support to the staff. Last year Linda took on additional responsibilities at the Isles of Capri Fire Department after their employee took a position in a Page 22 January 13, 2015 different department. Linda's accumulation of knowledge of the job functions for each facility is a tremendous resource. She continues to perform well above her required responsibilities, and her dedication to all of the fire stations and personnel is a perfect example of why she's so deserving of this award. Commissioners, it's my honor to present Linda Swisher as your Employee of the Year for 2014. Congratulations, Linda. (Applause.) Item #5B PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JANUARY 2015 TO WILLIAM C. HUFF COMPANIES. ACCEPTED BY JIM HENDERSON, PRESIDENT, WILLIAM C. HUFF COMPANIES; JOHN PURCHASE, GENERAL MANAGER; JASON ABIDIN, CLIENT RELATIONSHIP LIAISON; SUE HUFF, PUBLIC RELATIONS — PRESENTED MR. OCHS: Mr. Chairman, Item 5.B is a presentation of the Collier County business of the month for January, 2015 to William C. Huff Companies. To be accepted by Jim Henderson, President, William C. Huff Companies; John Purchase, General Manager; Jason Abidin, Client Relationship Liaison; Sue Huff, Public Relations; and Andrea Sturzenegger, VP of Membership and Marketing for the Greater Naples Chamber of Commerce. If you'd please step forward and receive your award. (Applause.) MR. HENDERSON: And I'm just going to take a minute, Sue. Honest, just a minute. This is a great award and we certainly appreciate it. And I'd be Page 23 January 13, 2015 remiss not to mention the impact that the Chamber has made in our business life. We came here about 19 years ago with just a couple people and a truck, and 19 years later, with the help of organizations like the Chamber of Commerce, we've grown our business to almost 20 full-time staff with a payroll of over a million dollars. And that's something that we're grateful to have the opportunity to be here in this great county of Collier County, and all of the people that support us. And our involvement in the community with over 14 different nonprofits I think is hopefully exemplary for other businesses that aspire to be a prominent part of the business community. But again, thank you very much for this award. And on behalf of William C. Huff, thank you. (Applause.) CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I just want to make a comment. Mr. Huff, you took the words right out of my mouth when you talked about your community service. You as an organization are really exemplary in terms of your outreach. 14 nonprofits are benefiting from both your donations and your volunteer time. And we are so grateful to you and we hope that other companies in the community emulate you. Because that's why Collier is such a great place. On top of your business contribution which we're very grateful for. So thank you so much. I had the opportunity to see Sue all over. Most recently I saw her at the Special Olympics event. And I have a very compromising picture of her, if you would like to get a copy of it; I'm happy to provide it. MS. HUFF: Along with you. COMMISSIONER HILLER: I'm not relevant, it's Sue's positioning that I would say was most significant. But she is wonderful, as are all of you. Thank you. MR. HENDERSON: I would like to see that, Commissioner Hiller. And we have to go get some business. Page 24 January 13, 2015 COMMISSIONER HILLER: Thank you. Item #11A THE CLAM BAY NATURAL RESOURCE PROTECTION AREA (NRPA) MANAGEMENT PLAN (PLAN) AND AUTHORIZE PELICAN BAY SERVICES DIVISION TO ADMINISTER THE PLAN - MOTION TO APPROVE PLAN AS PRESENTED — APPROVED MR. OCHS: Mr. Chairman, that would move us to Item 11 on this morning's agenda. 11 .A is an item that was continued from the December 9th, 2014 meeting. It's a recommendation that the Board of County Commissioners approve the Clam Bay Natural Resource Protection Area Management Plan, and authorize Pelican Bay Services Division to administer the plan. Mr. Dorrill, your Pelican Bay Services Division Administrator, will present. MR. DORRILL: Good morning, Commissioners. And perhaps we could borrow the little kindness dog that was here earlier and bring him to Clam Pass. We could use a little kindness and cooperation at Clam Pass. I don't intend to reiterate the full executive summary here, in deference to your time this morning, but most recently you had asked us to go back and provide some additional time, not only for Commissioner Taylor, we had given her a briefing in advance of our last appearance here in December, but also an opportunity for the Seagate community and the City Council to weigh in on this particular matter. We did. We made a presentation to City Council after our last attendance here. And there were several issues that I would like to Page 25 January 13, 2015 highlight. And I've done this previously in a reply to a request from Commissioner Fiala. The first concern had to do in a stipulation that all beach compatible sand from any future inlet maintenance events would be placed on the county's public beach to the south. We would love to do that and we would intend to do that. And in fact the majority of the sand always goes to the south based on the management plan. Florida law was changed, though, 10 years after the 1998 management plan in 2008. And Florida law now requires and in fact our DEP permit requires us to place sand on both sides of any natural inlet for which beach compatible material is available. So we're somewhat at the mercy of the State of Florida and the statute and the associated Administrative Code and the permits for that particular matter. There has been some question as to whether or not or how the amounts were determined in the most recent dredging event two years ago. Those amounts were all independently surveyed by your coastal engineer. And in fact I was there one time during the course of that at 1 :00 in the morning on New Year's Eve, and the independent engineer's field engineer was there tallying each load and cubic yard of sand on either side of the pass at that particular time. The invoice that was sent to the Foundation -- and had it not been for the Foundation there would not have been an emergency reopening of the pass, because we needed their cooperation to place a fraction of the sand on the north side of the pass -- the invoice was prepared by Pelican Bay Services Division, our fiscal specialist, off of the certified survey of the amount of the material that was placed there. The second item that came to us as a result of City Council and Naples Cay was that an area within Outer Clam Bay that has historically been referred to as Cut 4.A was not specifically mentioned, Page 26 January 13, 2015 and frankly that was by design. There are no individual areas that are mentioned within the plan. All interconnecting waterways and all bays are mentioned and will be the subject of an annual bathymetric survey by a certified professional land surveyor. Any bay or any connecting waterway is eligible to be dredged based off of the annual survey. But there is no area that is guaranteed to be dredged in the absence of survey and other scientific data to support that. I think your advisory board feels strongly about that particular matter, that there's no individual area that is noted for special treatment or guaranteed dredging; they are all required to be surveyed as part of the management plan that is proposed. And then the final area has to do with a -- I think a misapplied concern or opinion that amendments to the plan will be somehow unilaterally approved by the Pelican Bay Advisory Board. And, you know, frankly that's just not the case. That's not how your process works here. And in fact I think it's on Page 3 of the plan where it indicates the specific role of the Pelican Bay Services Division. In the next to the last paragraph at the bottom it says: The Pelican Bay Services Division will direct the management plan and has the responsibility for its implementation. But then it goes on to say: As such, the PBSJ will plan and implement a defined management series of activities with the Board of County Commissioners' approval, whose purpose will be to protect, preserve, maintain and monitor the natural communities. To me that speaks to the authority and the power and the role of the Board of County Commissioners. But if there's something that we can do to address further concerns to make sure that it is this Board that will make any and all policy decisions related to the plan, I think we stand prepared to do that. There are a host of other issues. I won't address those in my Page 27 January 13, 2015 executive summary remarks, but perhaps I can answer other questions that you might have, or we'll wait and see the questions that come from the public as well. Thank you. CHAIRMAN NANCE: Are there any public speakers on this item? MR. MILLER: Yes, Mr. Chairman, we have 19 registered speakers on this item. CHAIRMAN NANCE: All right, sir. MR. MILLER: Your first public speaker is Susan O'Brien. She'll be followed by Mary Bolen. If we could ask you to use both podiums and be waiting at the second podium. MS. O'BRIEN: Good morning, Susan O'Brien, Chair of the Clam Bay Committee. I think everyone knows that our Clam Bay Management Plan has been under development for the last 20 months. 50 area stakeholders were invited in May of 2013 to provide input into the management plan, and 16 stakeholders responded in writing, including the City of Naples and Naples Cay. The recent request from the City of Naples and Naples Cay are very different from what their original input was. Not only are these recent requests different from the original ones, but one of these stakeholder requests now wants to revert back to language in the 1998 plan. The 2014 plan reflects the current conditions and the needs of Clam Bay and current Florida Statute and FDEP requirements that Mr. Dorrill just referred to that are totally different from what they were in 1998. Why would we want a management plan that does not match the current needs of Clam Bay and state based requirements? I have to wonder why at the 11th hour these requests are being made. Could it be that what is being sought is not to improve the plan Page 28 January 13, 2015 but possibly to derail it? I have three questions. Question number one: Did every stakeholder get everything he or she wanted in the management plan? No. The plan represents middle ground that seeks to sustain and protect the Clam Bay NRPA, which is truly a unique resource here in Collier County. Question number two: Can the plan be amended after it is approved if it needs to be amended? Yes, it is a living document. Finally, question number three: Who loses if the approval of the management plan continues to be held up because a stakeholder group wants the final word on a sentence or two in the management plan? Clam Bay loses. Because its health cannot be maintained in optimal condition without the approval of the management plan that is needed to obtain the 10 year dredging permit from the U.S. Army Corps of Engineers. It's been about seven years since the last Army Corps 10 year permit expired. And it's been eight years since the last regular maintenance dredging was done in Clam Pass. Please consider doing what is best for Clam Bay and approving the management plan. Thank you. MR. MILLER: Your next speaker is Mary Bolen. She'll be followed by Peter Duggan. MS. BOLEN: My concern is over the pass. I've been before you before. This is a NRPA. It's a very special place. We have gone on and on and on with this. After all these meetings, all this time, at the 11th hour all of a sudden we have people interested again. Where were they during those months of discussions when all these stakeholders were meeting? All I care about is that pass, its health. It's something that's very special to us. Thank you. MR. MILLER Your next speaker is Peter Duggan. He'll be Page 29 January 13, 2015 followed by Garrett Beyrent. MR. DUGGAN: Peter Duggan. Thank you for welcoming us here for the mangroves. I would like to represent the group that you'll hear from later and so you understand a little more about us, our definition of-- reason for being is the Mangrove Action Group is dedicated to conserving the Clam Pass Bay Natural Resources Protection Area, NRPA, to preserving its natural mangroves and wetland and the flow and quality of its water. Based upon these excellent speeches you've heard before, I'm just going to go quickly to a summary which is if I was in your seats I would look at the professionalism that you're going to see, and you probably already know from the Pelican Bay Service Division, from Mohamed Dabees and Tim Hall from Humiston-Moore and Turrell-Hall. And these groups have been working on this for 24 months. Then I read this letter. And the mangroves are not really interested in politics, they're just interested in getting things done. In fact, I went and spoke to Terry, the gopher tortoise yesterday, and he said to me, would you please pass on to you Collier County Commissioners that I need this to move along. And then the white mangroves, who have propagules, so they can talk to me as well, they're just begging that you take care of their little footprints. So in summary I look at this and say, okay, you've got Seagate who claims that they want the best for the water and are concerned about water quality. We don't have a water quality in Clam Bay. In Seagate you have, and in Moorings Bay and Venetian Bay you have a unique situation because of your seawall. Whereas we have a meandering shoreline because of the mangroves. Mohamed Dabees has done significant studies showing that if we had a bridge or we had significant larger culverts, you would have a Page 30 January 13, 2015 dewatering effect from the Outer Clam Bay into Moorings Bay, which would impact the dynamics and the hydrology of Clam Pass. So I look at the professionalism of two and a half years, two of the best consultants, the people you'll hear from later, and I look at this, you know, vague comments about concerns from some city residents. At the City Council they're more concerned about the sand and who's going to pay for the sand. We paid -- Pelican Bay Services Division paid for the sand they used last time. So look at the work done and good luck on your decision. Thank you. MR. MILLER: Your next speaker is Garrett Beyrent. He'll be followed by Nicole Johnson. MR. BEYRENT: For the record I'm Garrett FX Beyrent. Last time I was here I brought in a box with 2,000 pages of documents relative to Outer Clam Bay. And I've actually reduced it to three pages. And I'll start with my objection to the plan. The plan is 179 pages, and I came up with two objections to the 179 pages. And I'll read them. This is on 5.0, Page 43, Clam Pass dredging, dredging policy. Dredging will only be done for the health of Clam Bay NRPA, not for navigation or beach renourishment. I objected to that. And on Page 50, this is Item 6.0, authorized construction activities. And it says: Dredging for navigation or beach renourishment will not be done. Now, this conflicts with the resolution that I previously settled with the county 30 years ago relative to Outer Clam Bay. And the resolution says: Resolution approving settlement of DO8H case numbers 84-2264 and 84-2896. My basic argument has always been that the oldest waterfront subdivision in Collier County that has direct Gulf access is Seagate. It always has been since 1955, and in 1985 the Department of the Army Corps of Engineers declared the channel accessing the Seagate Page 31 January 13, 2015 subdivision through Clam Pass into the Gulf of Mexico as a navigable channel, and we put up structures for navigation purposes. The bottom line is, is that this plan is in direct opposition to an agreement I reached with the county 30 years ago. And this was always a riparian rights issue. We can all talk about the environment and everybody knows the environment's been degraded over the last 35 years in Pelican Bay, mostly due to fertilizers that are washing off the lawns and out into the bay area and causing copper contamination. Anyhow, that's my argument. My argument is this is a navigable channel and the people in Seagate and elsewhere in the county are entitled to use it as such. Thank you. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Kathy Worley. MS. JOHNSON: Good morning. For the record, Nicole Johnson, here on behalf of The Conservancy of Southwest Florida. Mr. Chair, congratulations on your new chairmanship. The Conservancy is here today in support of the Clam Bay Management Plan, and we ask that you approve it as it has been presented. As I stated when The Conservancy was here back in October, we really want to thank all the residents, stakeholders, staff and participants who have been part of this multi-year process to get this updated management plan to where it is today. The Conservancy has been an active stakeholder in this process, because we want to make sure that the ecological integrity of this system is maintained through future dredging projects and through the wording of the management plan. Being a natural resource protection area, the Clam Bay system is one of our local gems that has unique needs focused on ensuring that when activities such as dredging occur, the ecological value and integrity of the system is maintained. Page 32 January 13, 2015 This has been the focus of our participation. And we very much appreciate when we were here in October and we had a few outstanding concerns the Commission did send the plan back to get those concerns resolved. And I'm very glad to say the resolution was achieved. As Ms. O'Brien stated earlier, this plan is a consensus document. Everyone had to give and take. And the result of that is something that while it's consensus, we believe that it has sufficiently addressed everybody's concerns. And most importantly, it sufficiently protects the integrity of the ecological system. It's a living document. There will be chances for review and update periodically so it isn't static. That review is built into it. Another very extremely important thing that you did at your meeting in October was to direct staff to include the management plan as part of the permit application for the dredging. And that has been done and The Conservancy very much wants to support keeping that management plan in the dredging permit. It's kind of unique to do that, but most of the passes in Collier County are dredged for navigational purposes. The Clam Pass system is unique because the dredging is triggered by the ecological system and the needs of that system. So we believe that having that management plan tied to the permit application and tied to the permit is something that is very, very important. So again, we believe that the years and years of input and stakeholder consensus that has gone into the document that is before you today is something that you should feel very comfortable and very good about approving. We ask that it be approved and we ask that the management plan be maintained as part of the application and ultimate permit for the dredging. Thank you. MR. MILLER: Your next speaker is Kathy Worley. She'll be followed by John Domenie. Page 33 January 13, 2015 MS. WORLEY: Good morning, Commissioners. Kathy Worley for The Conservancy and the Director of Science there. And just to recap a little bit and elaborate a little bit on what Nicole said is that The Conservancy did meet with Pelican Bay representatives and worked out a compromise. We reached this compromise by adding in a freshwater component of the plan which was built on the knowledge derived by studies from the 1998 restoration plan, and language within the plan was also strengthened to address the ecosystem-wide concerns and to ensure that the ecological and hydrological components of the plan are looked at together prior to determining any actions. Additionally, like Nicole had previously indicated, we did put -- some language was put in there to tie the dredging permit to the plan. And this is very important. Tying the permit to the plan ensures that the ecology is looked at in conjunction with the hydrology whenever you're doing dredging. And the plan provides the framework by which the permit can work within. It ensures that the system is dredged only for the health of the estuary and that the pass is dredged using scientific ecological and hydrologic hues together to determine when dredging should take place. Finally, the language was also inserted into the plan to evaluate it annually. And this will allow all stakeholders a venue to discuss their concerns and any results of the monitoring or any implications they feel that has resulted as a result of the management plan. Also, changes can be made at this time to incorporate new scientific knowledge into the plan that is beneficial to the estuary. In other words, you're going to adaptively manage this estuary. It won't -- like Nicole said, it won't be static. And there seems to be a significant discussion about sand placement. And what I would like to point out is that any sand that Page 34 January 13, 2015 goes on these beaches is an incidental by-product, since dredging is only done for the health of the estuaries. You aren't dredging for beach renourishment. The objective is to dredge only when necessary to keep the pass functional. And the smaller the dredging footprint, the better for the estuary. So the longer we can go without dredging, the better. So the point is, is that the county shouldn't count on dredging for beach renourishment, as this pass is not dredged for that purpose. And it really shouldn't be. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Next speaker is John Domenie. He'll be followed by Pat Dudasik. MR. DOMENIE: Good morning, Commissioners. Happy birth -- Happy New Year. Sorry. The present plan covers 100 percent of the NRPA. And the NRPA as you know is county property. Sorry. And as you know, the NRPA is county property, and thus the plan protects county property. I'm not going to get involved in the technical items of the pass or the sand, I'm just going to limit myself to the pictures. And you received from me a note earlier, or last week with some of the pictures, and I will show them to you. Now, you'll see there are Sea-Doos and outboards in these pictures. Where do these come from? The NRPA has no facility for launching these boats. The pass I've only -- or I've only heard of one attempt of the pass being used for a Sea-Doo or power boat to enter, because the pass is a recreational area where kids float around in inflatables, you see fishermen and swimmers. So where do these Sea-Doos come from? We have residents from high-rise which overlooks Clam Bay and specifically Outer Clam Bay who live in The Heron, and they have taken enumerable pictures and they can come here and testify that the boats that you see and the Sea-Doos that you see come directly from Seagate. Page 35 January 13, 2015 Now, Seagate has expressed great concern that Pelican Bay has somehow affected the seagrasses that grow in the pass and in the waters. Actually, if you look at this first picture, you can see what Sea-Doos do when they enter into this very shallow area which has an average depth of only about 18 inches. You can see it churning up the dirt and seagrasses are being killed. Secondly, Seagate has expressed their concern that somehow wherever Pelican Bay's involved that dolphins, manatees, et cetera don't come to Outer Clam Bay. If you were a manatee, would you remain there when you see an 800-pound Sea-Doo coming at you at 40 knots? I don't think so. And the wake of these boats causes kayakers, canoers and paddle boarders great stress. And finally, the engines in the Sea-Doo is about the size of some of the smaller cars. And the Sea-Doo weighs between 600 and 800 pounds and its exhaust gets into the water system with oil and gas. Thank you. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: Your next speaker is Pat Dudasik. He's been ceded three additional minutes from Dr. Donald Buser, and he will be followed by Jim Hoppensteadt. MR. DUDASIK: Good morning. My name's Pat Dudasik. I'm a Naples resident and a board member of the Seagate Property Owners Association. I do not own a boat, but I do live 20 feet from Clam Bay. This is the same statement that most Seagate residents can make: We live and breathe this water every day. I can tell you that over the past three years of being a board member, our most important concern of the Board and our community is the quality of water in Clam Bay. Especially the water quality and circulation of Outer Clam Bay and the canals of Naples Cay and Seagate. Page 36 January 13, 2015 I thank the Pelican Bay Services Division for taking the time to try to improve the management of Clam Bay. However, their view and interest are stated to be that of Pelican Bay, and the perspective is not of the entire estuary. That is why the residents of Seagate agree with the letter written by Mayor Sorey stating language from the 1998 plan is far more appropriate than the narrow language currently being proposed. It was after all the 1998 plan that was written by a broad group of participants and stakeholders which resulted in the dredging and maintenance plan that Clam Pass opened and water quality flourishing for over six years. The 1998 plan language regarding Cut-4.A needs to be included in this plan. This is not an insignificant tributary, but this is the main water flow into Outer Clam Bay and the canals of Seagate and Naples Cay. Maintaining sufficient water flow and circulation in the area south of the pass is critical. And currently there is no stated measures to monitor, dredge or maintain this area. This is in stark contrast to the 1998 plan. In Seagate's meeting with Susan O'Brien and Tim Hall, Mr. Hall told me that opening up Cut-4.A would increase water flow through Clam Pass and reduce the amount of water flowing through the Seagate culverts. This would occur as flow through Clam Pass would be less restricted, and not lag the flow of water through Moorings Bay nearly as much as it does now. The Seagate community agrees that a solid multi-stakeholder management plan is critical to the health of Clam Bay. The County Commissioners should review and approve and the county should be named the permittee on all dredging permits, which is not currently the case. The County Commissioners should seek input and ideas from all sources and not follow a process that runs everything through the filter of only one stakeholder, Pelican Bay Services Division. I thank you for your time and consideration of including the Page 37 January 13, 2015 language as proposed by Mayor Sorey and the City of Naples. MR. MILLER: Your next speaker is Jim Hoppensteadt. He'll be followed by Judith Hushon. MR. HOPPENSTEADT: Commissioners, Happy New Year. I'll be brief. I think the comments made by Neil, Susan, Nicole, Kathy and The Conservancy have been factual, relevant and they were made very articulately. So I don't think I need to add to those. I would only say that the Foundation has reviewed and supports the plan and would urge you to please pass it and approve it. MR. MILLER: Your next speaker is Judith Hushon. She'll be followed by Dave Trecker. DR. HUSHON: Good morning, Commissioners. I have a few constructive suggestions. I'm not going to address the whole plan, but looking at this as a scientist, this is a picture, and you can zoom in maybe a little more. But this is a picture of the Clam Pass taken on Sunday morning. And I just -- it's just a panorama. But on the bottom it shows how the sand that was put on in the last dredge moved and where it went. It went down into Outer Clam Pass and is now clogging up some of the mangroves. Yes, we need to move some sand. But I have concern about where that sand could go. It shouldn't be placed as it was in the last dredge, on the north side. I understand that Pelican Bay is concerned about their beach house. And it was almost undermined at that time by the scouring which occurs. There are some option for protecting that beach house. They could go in for a separate permit for rip-rapping that north shore or stabilizing that north shore in some way; putting sand to the south so it does not move into this pass. Putting it on the north, it moves right in. I have one other little photo that shows you the scouring. You can see the ledge in the back there. That ledge is where the scouring has Page 38 January 13, 2015 occurred. There's a sand dropoff. One other little suggestion concerning water quality. I know Seagate is very worried about the water quality in the Outer Clam Bay. And they should be. The water is not pleasant. It's well overloaded with nutrients. And I highly recommend that we look into the possibility as a county, because this is not city land, of doing what the city has been doing lately, which is putting in some floating island. Mike Bauer is an expert on this, he can help with that. But these floating islands absorb nutrients from water. And that's one of the main complaints of the Seagate residents. So that is a strong recommendation from me to place some of those islands strategically, and then you have to replace the plants as the plants overgrow. But they work very well. And actually the city has placed one of these islands right at the outfall of the big round conduit that connects the -- Moorings Bay, it's in Moorings Bay but it connects with this. So I'd like to throw these out as a few other ideas. You know, it isn't always one way or always another. There are some other solutions. And that's what I'm trying to bring here. But we definitely should not plan on putting sand up on the north, because it just goes into the pass. Thank you. CHAIRMAN NANCE: Commissioner Hiller, you have a question? COMMISSIONER HILLER: It's actually clarification. And Mr. Hall, would you mind stepping forward? And I just want to make sure that this gets on the record in light of what you mentioned, Judy. And I appreciate your comments. But I think two corrections are in order based on the statements you made. The first is with regards to the placement of the sand during the last emergency dredge. That placement was mandated by the Army Corps. That wasn't at the option of the county. And in fact, Mr. Hall, if you could state for the record what the Page 39 January 13, 2015 Corps required with respect to the placement when it came to the sand for that emergency dredge. MR. HALL: Well, because -- MR. OCHS: For the record. MR. HALL: Oh, yeah, I'm sorry. For the record, Tim Hall, Turrell, Hall & Associates. The authorization that was granted for the last dredging event was a nationwide permit from the Corps of Engineers which has very strict limitation in terms of what you can and can't do. And one of those is that the dredging that was done and the placement of sand has to be done in areas that were previously authorized under -- or that were authorized under previous permits. And it also limits you to only being allowed to put sand above mean high water. It doesn't allow you to do any filling of wetlands or waters of the U.S. And because of that, the amount of sand that we had to take out of the pass and the limited area that we had to put it, it was all put on those uplands and did create some problems. None of us involved think that that's the optimal solution, and that is not the way that is being proposed going forward in terms of the permits. The permits that we're requesting for allow placement of sand below mean high water, allow proper sloping of the sides, and allow the placement of the sand so that the escarpments and some of the issues that were observed during the last event don't occur again. COMMISSIONER HILLER: So to clarify, Judy, the sand wasn't placed there to protect any building, nor was it placed there at the discretion of the county. It was mandated by the Army Corps pursuant to law. That's the first issue. The second issue is the question of water quality. And extensive testing was done by the county with outside consultants of the water quality in the Clam Bay system. And I believe -- I don't want to improperly use the term, but I believe it's called a WBID. Is that -- Page 40 January 13, 2015 DR. HUSHON: Yes, Water Body ID. COMMISSIONER HILLER: Yeah. Let me just consult with the County Manager. County Manager, we have two separate WBIDs. One is the Clam Bay system WBID, if you fairly call it that, and then the other is the Moorings WBID, which is a separate WBID. And the determination was made when testing the water quality within the Clam Bay WBID, that the quality was well within the standards for that system and there is no contamination or pollution, if you will. And so while you may say that certain nutrient levels may be elevated, the levels of the nutrients within that system are deemed to be the norm for this system. Similarly, there are different nutrient levels for the Moorings WBID, and those nutrients levels are deemed to be normal for that system. It's not a one-size-fits-all. And so your statement about water quality within Clam Bay, based on the testing done by the county is deemed to be otherwise. So I just want to make sure that you understand that for the record, that we have done extensive testing. Because we are always concerned about water quality and water is very important to us as a county, so we are constantly looking at that. And we have an absolutely outstanding environmental department under the jurisdiction of Mr. Casalanguida. And I'm sure Mr. Casalanguida can provide you with the reports of the testing that were conducted and the conclusions arrived at. DR. HUSHON: There is sometimes odor. And I know that the Seagate residents are upset with that. So this is why I was making the statement. COMMISSIONER HILLER: And let me say, I have to go back in my memory, and I really hope this is not happening, but I remember way back -- and there's no evidence based on our testing of this, and Page 41 January 13, 2015 I'm not sure where this might be flowing -- but at one point when I first came to Collier County, there were -- there was a lot of upset in Seagate about odor. And it was found out that the city, not the county, but the city -- and I don't know if this is true, and it has to be verified, that there was some sort of outlet, some sort of sewage outlet or something like that, some sort of waste outlet from the city. Was it -- do you know about that? Do you remember that? And they were like dumping into -- now, I sincerely hope that's not even happening, you know, even by exception today, but I would just confirm with the city that nothing is being dumped by the city in Moorings or anyone else. CHAIRMAN NANCE: Okay, I'm going to allow Commissioner Taylor to make a comment, but then I'd like to get back and let's hear the continuing testimony of the public speakers and then we can get into the issues. Commissioner Taylor? COMMISSIONER TAYLOR: This may be out of order because you brought Mr. Hall up, and I just wanted just to make a comment, Mrs. Hushon, that yesterday we contacted the Department of-- the DEP, and they don't mandate where the sand is being placed. In fact, they were quite surprised because the initial two-year -- three year ago the dredging permit that came in, somehow in the course of the process it was changed, and it wasn't changed by them. Thank you. MR. MILLER: Your -- COMMISSIONER HILLER: I think this is important. CHAIRMAN NANCE: Okay, let's continue with the public speakers and then we'll go back and we'll talk about these issues that have been raised. MR. MILLER: Your next speaker is Dave Trecker. He'll be followed by Bruce Conley. MR. TRECKER: Thank you. I'm Dave Trecker, I'm Chairman of the Pelican Bay Services Division Board. Happy New Year. Page 42 January 13, 2015 Commissioner Nance, congratulations on your elevation as Chairman. And Commissioner Henning, we all owe you a thanks for a job well done over the past period of time. I'm not going to repeat points made by my colleagues in favor of the current plan. I think those points have been adequately made. I'd like to comment, however, on the persistent reference to the 1998 Management Plan. Times were different then. And the thrust of the plan was different. It was directed toward remediating mangrove die-off And that has been since arrested, we've done a good job with that. The new management plan casts a much broader net. We're still concerned about the mangroves, of course. But the proposed version of the management plan also deals with flora and fauna of all sorts with bathymetric health, with water quality, big emphasis, major emphasis on water quality. That's going to be an important part of the plan. In addition to that, recreation and even preservation of archeological sites. So the '98 plan is not what we need here. And certainly going back and lifting sections from it in our view really doesn't make a lot of sense because things have changed very much. The dredging templates have changed since then because the objectives have changed. What we want to do of course is manage this thing based on current data, on current monitoring, on measurements made last year, not 16 years ago. We've been at this a long time, as previous speakers have indicated. It's been a compromise from start to finish. We think it's a sound plan. There is a provision in it for changes, and we certainly all agree that even though the Pelican Bay Services Division may monitor and recommend changes, the final decision is of course up to the Board of County Commissioners. I respectfully urge that you approve the plan. Thank you. CHAIRMAN NANCE: Thank you. Page 43 January 13, 2015 MR. MILLER: Your next speaker is Bruce Conley. He's been ceded three additional minutes of time from Walter Grote. He will be followed by Linda Roth. MR. CONLEY: Good morning, Commissioners. I am Bruce Conley and I live at 5085 Seagate Avenue in Seagate. And I was given a letter and asked to read it into the record, but much of this material has already been covered, and I don't want to take up your time just reading. But I have some concerns. I live on the water. I live on the water that people are talking about. I'm not in a high-rise somewhere. And I've got to tell you, I've been here for 33-and-a-half years. I'm not exactly a newcomer. And this water, to pretend that it is holding and being maintained in terms of the quality of water system is just not what I'm seeing. I am appreciative of the efforts by Pelican Bay and by the county and in the past by the city. And I'm also one that believes in consensus. It's time to stop fighting over all of these issues. The reality is that in Seagate, and I am the vice president of the property owners association, in Seagate the quality of water is critical. And the only way we're going to be able to maintain it is to have more frequent flushing. The only way I'm going to start to see the same number of snook that I used to see at my dock years ago is if there is a better flow of water to our end of this water system. Now, it seems to me in the consensus area there are only four issues that have been brought up by letters and mailings and conversations that need to be -- that need and should be addressed. These issues are -- the first one from the letter is the plan should state that the sand dredged from Clam Pass and the channel leading to Outer Clam Pass that severely eroded public beach at Clam Pass Park. Pelican Bay talked about being required to put sand on the shore. I think that's fine, if a government agency requires it, an appropriate Page 44 January 13, 2015 governing agency, that makes sense. Otherwise, I don't see any reason for the sand to be added to Pelican Bay's side of their beach. Maintaining the 4.A cut is critical to us. And Pat mentioned that already. And I've seen the difference. I'm going to go back to a couple of dredges ago. And while that dredge enjoyed the same limited success as a lot of other dredging efforts, what I did see was that -- I don't want to say clean, clear water, but the clearest water that I had seen in years in that area. It also brought back many of the fish. And I'll just give you a number. This is not a scientific study, but I have a dock light, and this dock light attracts the little bugs and the bugs attract the little fish and then pretty soon we have the snook. And I go out there periodically or I look out my window and I see how many snook are in the lights. And on average, even just a year ago, it was 10 to 20. Now, as a local resident and somebody who's watched, that means if I can see 10 to 20, there's twice as many just outside of the light range. That's changed. I'm seeing three to five now. Unless we get a very super high tide or an above average high tide, I see three to five snook. When we get a little bit higher tide change I see more snook. So it's pretty easy to understand we're not getting the flow that we should, from my perspective. The water quality. We did the four -- I'm sorry, I'm looking at my notes, I do apologize. The discussion about Florida environmental agency guidelines for water quality sampling in Outer Clam Bay. I have a personal problem with this. I have asked verbally for access to the results of these tests. And I would add to it, I would like to have not just the results for our community, I'd like to know what the interpretations are of this material. And I don't feel that that access has been forthcoming. But I did hear some double talk about well, the studies aren't the same, da, Page 45 January 13, 2015 da da, da, da, da. Now I would like access. And my point is this, it isn't to accuse anybody of anything. It's to suggest that that's what builds consensus. If we see the same data you see and we know that you're looking out for the interest of the estuary, I think that's all we can ask for in that area. The change in the language regarding the future amendments to the proposed management plan, I've heard discussion about well, the county board is the final word. It seems to me that that could be clarified in the language and it seems to me that basically Pelican Bay is a natural stakeholder here, a significant stakeholder, and they should have advisory rights or access. But so should all the stakeholders. And I think this discussion about consensus, it amazes me to hear this conversation as if they have gone out of their way to get consensus. And virtually every neighborhood stakeholder is not satisfied. That's a failed effort to get that consensus. But it's so close that I'd be amazed if we can't get on common ground. I thank you. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: Your next speaker is Linda Roth. She'll be followed by Mary Johnson. COMMISSIONER FIALA: I thought she ceded her time to him. Excuse me just a minute. Who were the people that ceded their time to Bruce Conley, please? MR. MILLER: That was Walter Grote. COMMISSIONER FIALA: And? MR. MILLER: That was it. COMMISSIONER FIALA: Oh, okay, I'm sorry. Okay, thank you. MR. MILLER: Ms. Roth? MS. ROTH: Yes. Good morning, Commissioners. I'm Linda Roth. I've attended 26 of the 28 Publicly Noticed PBSD Meetings and read every page of the 12 versions of the NRPA Management Plan, as Page 46 January 13, 2015 well as the communications between Seagate, City of Naples and PBSD. The primary argument presented in the City of Naples letter dated yesterday, January 12th, '15, requests that the Clam Bay NRPA Management Plan should revert to language in the 1998 plan. This argument fails to recognize that the 1998 conditions in Clam Bay no longer exist. As an example, dredge cut number 4.A, an interconnecting waterway into Outer Clam Bay required dredging in 1999. Currently this cut no longer requires dredging, since it has not -- since it has not only maintained stretch depth of minus four feet in 1999, the depth has increased and is flushing well. The NRPA plan states that all interconnecting waterways will be monitored and dredged when needed. And furthermore, state rules regarding sand placement, I just handed out the state beach management plan, and it does say clearly they always use the word adjacent. That means north and south of an inlet where eroding beaches has occurred. Where it needs remediation, okay. If it happens to be the north, you remediate the north. If it's more in the south, you do both. But in the past it has always been the south. In 2011 erosion started to occur in the north beach. And in 2012 it was so severe that Foundation had to put sand bags and concrete barriers there. And that is the reason also to protect property. And that's throughout the state. That's why we -- beach renourishment occurs is to protect private property. So anyway -- and all concerns expressed in the City Council letter and previous concerns, they brought out the same three points over and over again, and it's been addressed in the plan. PBSD has responded to these concerns for providing to BCC specific page numbers, references in the plan that address concerns of the City Council. Please do not be swayed by the speeches, arguments of people who have refused to participate in the creation of this fair and balanced Page 47 January 13, 2015 plan developed by experienced environmental scientists, coastal engineers and thoughtful stakeholders through a long inclusive and transparent process. I urge you to approve this management plan and authorize PBSD to implement the plan. CHAIRMAN NANCE: Thank you, Linda. MS. ROTH: Thank you. MR. MILLER: Your next speaker is Mary Johnson. She'll be followed by Ted Raja. MS. MARY JOHNSON: Good morning, Commissioners. I'm Mary Johnson and I'm here as a member of the Pelican Bay Foundation Board. I would just like to reiterate several of the points that you've heard here very eloquently expressed by the representatives of The Conservancy and the Pelican Bay Services Division and others who have participated in the process of preparing this plan. To the issue of sand placement, state law now allows that sand dredged from inlets be used to restore adjacent shoreline wherever erosion has occurred. Brent Batten's statement in today's newspaper that Pelican Bay's beach is fat with sand from the last dredging is a gross distortion of what actually happened. Because the sand was dredged under a special nationwide permit, it could not be placed below the mean high water line and had to be piled high on nearby beaches. This has actually caused escarpment on Pelican Bay's side of the beach that's hazardous to beach goers. There's an urgent need to restore a program of regularized inlet maintenance that will allow sand to be spread along the beaches as in a normal beach renourishment project. Addressing erosion wherever it has occurred, even if it is on the north side of the inlet. The number two, water quality. The ongoing monitoring of Clam Bay water quality by the Pelican Bay Services Division shows that Page 48 January 13, 2015 Clam Bay is meeting state water quality standards for key indicators, with the exception of copper levels. Copper is primarily a problem in the northern reaches of middle and upper Clam Bay, not Outer Clam Bay. The management plan provides for water quality monitoring and remediation as needed to meet recently established site specific alternative criteria. Three: The extent of the dredging. The proposed management plan explicitly provides for the dredging of Clam Bay's interior channels as needed to maintain tidal flow. The urgent need is to dredge the pass itself. The scientific monitoring shows that the tidal flow to Outer Clam Bay is being maintained but there is nothing to prevent future dredging of the channel to Outer Clam Bay when it becomes necessary. Clam Bay is such an important asset for the entire county it should not be allowed to become a political football. Commissioners, please approve this management plan to protect Clam Bay for all of us. Thank you. MR. MILLER: Your next speaker is Ted Raia. He'll be followed by Marcia Craven. MR. RAIA: Good morning. My name is Ted Raia. I'm one of the 6,700 residents in Pelican Bay. And as had been just passed out to you, there is a document that requires sand to be distributed on beaches from marker R-35 through to marker R-50. It served on the Pelican Bay Services Division from 2007 to 2011, so I'm very familiar with the history of their dredging problem here. The 1998 plan did not require dredging for navigation. And if there's anybody who wants to question that, I have with me the documents from the Army Corps of Engineers stating that. And they Page 49 January 13, 2015 define navigability very simply, by saying all waters subject to the ebb and flow of the tide. That's a very simple definition. So you can, you know, do what you want with that. But that does not require lateral navigation signs. In fact, dredging is only authorized to protect Collier County's first natural resource protection area. Delusion is not the solution to pollution. Pelican Bay built a multi-million dollar water retention system which we pay $800,000 a year to maintain to prevent pollution from entering Clam Bay. Dredging was never designed to flush the bays of pollution, nor artificial channels over six feet in depth. In Naples last year the Pelican Bay Services Division spent $25,000 to prepare for an emergency dredging permit. It was never used because the pass continued to function and improve on its own. The Pelican Bay Services Division is now spending another $30,000 to purchase the latest in tidal flow meters to further assist in determining when the estuary is threatened and dredging will be necessary. The operational budget will also be increased to accommodate the use of the meters. The data does not exist that will scientifically determine when to dredge. This will be a work in progress. Seagate development began in the 1950's with the anticipation that the Collier Family would continue dredge and fill development as it had been done in Moorings and Venetian Bays. However, in 1972 the Clean Water Act was signed into law and the mangroves in Clam Bay had to be protected. Most homes in Seagate and the buildings of Naples Cay were built after that date. Please approve this plan and let's not go the road we took in 2008. We had a plan that was already 80 percent completed and paid for, and because of navigation we threw that money away. Let's not go there again. Page 50 January 13, 2015 MR. MILLER: Your next speaker is Marcia Craven. CHAIRMAN NANCE: Excuse me, sir, we're due -- how many more public speakers do we have? MR. MILLER: Four. CHAIRMAN NANCE: I think we've had a very vigorous morning and we're due for a break for the court reporter from quite vigorous testimony here, so I'm going to declare a 10-minute break. We're going to come back at 10:45. (Recess.) CHAIRMAN NANCE: Please be seated. We're going to convene the meeting again. MR. MILLER: Mr. Chairman, your next speaker is Marcia Craven. She'll be followed by John Sorey. CHAIRMAN NANCE: Thank you for your patience, ma'am. Go ahead, please. MS. CRAVENS: Yes, thank you, Commissioners. I'm here as an individual who is strongly affected by whatever happens with the Clam Pass and the Clam Bay NRPA, as well as a Representative, a Chairperson of Sierra Club Calusa Group which has over 1,400 members. I submitted the Permit Number 79K0282 by email to all the Commissioners today as one example of an important misrepresentation in the Clam Bay Management Plan, which I hope through working with Mr. Hall and Susan O'Brien that along with some other important inaccuracies will be corrected. The reason I selected that item from all the other problems is that is the lynchpin of the 570-acre preserve originally required to be a conservation preservation area by that Corps permit. Which was not a modification to an earlier permit, it was a standalone permit that authorized the destruction and fill of 76 plus acres of wetlands for the Pelican Bay Development through jurisdictional wetlands. Page 51 January 13, 2015 And the reason that's important is because within that permit it has special conditions, one of which was, as I said, the requirement to preserve and conserve the undeveloped segment of the Vanderbilt Beach coastal barrier, which is known as the Clam Pass unit. Some other things that are in the special conditions -- which, by the way, never expire. The construction expires, but the special conditions on a Corps permit never expire. So another of the special conditions of that permit is that there shall be no dredging, by permit or otherwise, of outer/inner/upper Clam Bays, their connecting creeks, Clam Pass or the mangrove forest surrounding it except to keep the waters open to the Gulf That was part of the development order for Pelican Bay. And all this talk about changing the dredging design and what sand goes where ignores that fundamental aspect of what you are supposed to be doing, what Pelican Bay is supposed to be doing, what everyone is supposed to be doing for the greater good for all of the public. Because this area is supposed to be preserved in perpetuity for the benefit of the public in its most natural condition. Now, I would love to work with the Clam Bay committee of the PBSD, like I said, to correct some of the inaccuracies and to address some of the omissions. And I just want to say, the prior permit and management plan was not just to restore mangroves. There was a restoration plan in 1996 that evolved into the more comprehensive plan of 1998 which was primarily hydrologic restoration for the entire system. That is not in this management plan and it's not in the permit. CHAIRMAN NANCE: Thank you, Marcia. MS. CRAVENS: Okay. You need to address the north part of the system. MR. MILLER: Your next speaker on this item is Mayor John Sorey. He'll be followed by Bob Naegele. Page 52 January 13, 2015 MAYOR SOREY: Good morning, Commissioners, delighted to be here. Happy New Year, for the record, John Sorey. I'm not going to rehash. You have my letter, it's pretty straightforward. But as I sit here and listen to this discussion, it's basically around the same bush that we have been for 10 years. So if there's anything that we need to do and whether I agree or disagree, I hope that the County Commission will make some decisions and move this forward. All you have to do is look at Clam Pass today and pretty obvious, if we don't do something quickly we're going to continue to have the problem with multiple dredging. And part of it's economics. You know, we've already had two dredging emergency-wise. We're going to maybe have to have a third before we get the permit to do it correctly. And as you go back and look at the 10 years that I've been involved, a lot of this could have been accomplished already, and it's unfortunate that we have individuals that are as knowledgeable as they are, as passionate as they are on both sides, and we can't get to an equal ground. We were very close to having an approved permit some time ago to dredge that correctly all the way out to the Gulf. And as you've heard today, when you do an emergency dredge there are certain requirements that have to be followed as to putting the sand landward of the high water line and that sort of thing. So the only thing I would ask you to do, if you have any questions about water quality, go today and look at the canals at Seagate and look at the dead fish. Dead fish don't occur when you have good water quality. So we have some issues. You know the points. The city representatives, residents have made the points today. It is about politics. Most of the decisions that we make as elected officials is Page 53 January 13, 2015 about politics. So the decision was made to -- initially Pelican Bay had the responsibility, it was transferred to the Coastal Advisory Committee, now it's been transferred back. And you can argue what's the proper methodology, what's the proper format. But the most important thing is we need to have a plan that addresses all the stakeholders and that we get this moved forward. And I hope you'll consider the request from the City of Naples, I don't think those changes are drastic and have a major impact on the plan, and we can have a plan that will be endorsed by all the stakeholders and move this forward. Thank you for your time. CHAIRMAN NANCE: Thank you. MR. MILLER: Your final speaker on this -- COMMISSIONER HENNING: Commissioner, I have a question for the Mayor. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. MAYOR SOREY: Yes, sir? COMMISSIONER HENNING: Mayor, I see on Facebook you're getting back from China. MAYOR SOREY: That is correct. COMMISSIONER HENNING: When did you get back? MAYOR SOREY: About 11 :00 p.m. Sunday night into Fort Myers after a 30-hour Sunday. COMMISSIONER HENNING: You know, I read your letter -- MAYOR SOREY: Yes, sir. COMMISSIONER HENNING: -- representing the City Council. However, it's my understanding, correct me if I'm wrong, the City Council did not take a position, did not take a vote on Clam Bay. Is that true? MAYOR SOREY: The City Council directed me to write a letter addressing the concerns that we had heard from the residents. That's Page 54 January 13, 2015 what the -- it was not a vote, it was a consensus and a direction. COMMISSIONER HENNING: I see. MAYOR SOREY: Yes, sir. Thank you, sir. CHAIRMAN NANCE: Commissioner Hiller, do you have a question for the Mayor? Or you just want to talk about the issue? If you just let one or two more speakers -- COMMISSIONER HILLER: I actually was on for after that. I was just being timely. CHAIRMAN NANCE: Thank you. COMMISSIONER HILLER: But I would like to -- CHAIRMAN NANCE: I understand you're anxious. Let's conclude with the last couple of speakers. COMMISSIONER HILLER: Can I just -- thank you for bringing that up, Commissioner Henning. So we do not have an official act of the City of Naples on this matter, in effect. MAYOR SOREY: I would disagree with that analogy. We have a direction of City Council which authorized me as Mayor, when Council is not in session, I have the authority as Mayor to take action. And that is the action that was taken. COMMISSIONER HILLER: I don't understand. MAYOR SOREY: I don't know what else to explain. The city charter, when the Council is not in session, the Mayor is authorized to take action on behalf of the city. The City Council directed me to draft and send a letter to the County Commission basically outlining the concerns that we have had from our citizens. Therefore it is an official document from the City of Naples. COMMISSIONER HILLER: But just so I understand, this is not -- the points in the letter were not approved by vote by the City Council? MAYOR SOREY: They don't have to be approved by vote. Page 55 January 13, 2015 When the Council is not in session the Mayor has the authority to take action on behalf of the city. CHAIRMAN NANCE: Okay, yes, how many more speakers, sir? MR. MILLER: One more, sir. Your final speaker is Bob Naegele. CHAIRMAN NANCE: Mr. Naegele, please. MR. NAEGELE: Commissioner, members of the Commission, just want to thank you. My name is Bob Naegele, 7993 Via Vecchia, and I'm President of the Pelican Bay Property Owners Association, which is a voluntary homeowner association in Pelican Bay, about 2,000 families. I've been a resident of Pelican Bay for 20 years, and I've watched this process for the last 12 years. And in the last 18 months I've watched it with great interest and attended some of the meetings. Not as many as Linda Roth. But it seems to me that with the input from -- everybody was allowed to give their input, and some decided to do so, some decided not to do so. And I'm satisfied that the plan, and we are satisfied that the plan has been well designed and is ready to be implemented. So I urge you to support it. Thank you very much. CHAIRMAN NANCE: Thank you. All right then. Commissioner Hiller? COMMISSIONER HILLER: Yes, I'd like to make a motion to approve the plan as presented. And I would like Tim Hall to step forward and clarify for the record that it was and is the Army Corps that is dictating the placement of the sand and that it's the intent of the county to place any sand that comes from a dredging first to the south, and where the south can't absorb it then to the north. MR. HALL: Okay, that was two questions. The Army Corps is the one that dictated the placement of the sand for the last dredging event. COMMISSIONER HILLER: And let me just interrupt you with that. Page 56 January 13, 2015 And the reason I want to bring that out is because Commissioner Taylor said she called the State and the State said they were not involved in that or didn't know about that, which is because the Army Corps is the one who dictated it. MR. HALL: Correct. The State has an existing permit that called for replacement of sand going down below mean high water and tying in the slopes. But because of the restrictions of the federal permit we had to stay within that portion of the DEP permit that was above mean high water line and that had been previously disturbed by prior events. COMMISSIONER HILLER: And the second component? MR. HALL: And the second component was -- COMMISSIONER HILLER: The placement of the sand, in what order. MR. HALL: The first one, when the dredging is done now, the first placement of sand will be to create the proper side slopes for the channel that's being constructed, and then to the south and then to the north. COMMISSIONER HILLER: Thank you. I appreciate you clarifying that for the record. That is not part of my motion, but I wanted it on the record. The other thing I'd like to add, and this is again not part of my motion but I think is very important, I really appreciate the gentleman who spoke about Seagate. And I really feel it is very important that the county be as transparent as possible with information regarding water quality with respect to all the WBIDs in the county. And wherever we have tested I think that should be posted. So County Manager, I'd like to make the recommendation, if the Board -- CHAIRMAN NANCE: Let's move on this motion. COMMISSIONER HILLER: Can I just finish this? CHAIRMAN NANCE: Okay. Page 57 January 13, 2015 COMMISSIONER HILLER: That they just place all the information about the testing on the website, you know, under environment to the extent that you've got it to make it available easily for the public to review. And that was done by PBSJ or whatever -- what is it called? MR. HALL: PBSD. COMMISSIONER HILLER: PBS&J-Atkins, I believe, they did it like several years ago. Two years ago, I believe. CHAIRMAN NANCE: Okay, there's a motion on the floor. Is there a second? (No response.) CHAIRMAN NANCE: If not, I'll second it for discussion. Commissioner Fiala, Commissioner Taylor, which one of you was first? COMMISSIONER FIALA: Commissioner Taylor. CHAIRMAN NANCE: Commissioner Taylor, please. COMMISSIONER TAYLOR: Yes. There's several aspects of this I want to address, but the first one is that we are -- I am in receipt of a letter that was just handed to me by the permit manager of the Department State of Environmental Protection and DEP State FLUS is copied with John Igelhart from the DEP. And basically it says it is up to the permittee to decide where the future material should be placed north and/or south. If the data supports the placement of all the dredge material on one specific shore, then that certainly would be consistent with the intent of the permit and the project design. Which means it's up to us where the sand is placed, based on the data that is supplied. It is not mandated by any governmental agency where the sand goes. And I wondered if we'd be so kind to put up the photograph that I took this weekend. This is Clam Pass, Clam Beach, the public beach I'm standing on Page 58 January 13, 2015 it. I'm actually standing on the pier, I call it, looking north to Pelican Bay's beach. If anybody thinks that this beach needs to be renourished, they need to look at this photograph. The issue is we have a beach that on the public side that has been neglected by -- in the last dredging. I respect the fact that they were about to lose their beach house. But if you will look where the tide goes, and the tide will go to the white sand at high tide. If you look where the beach chairs are in the Pelican Bay beach, a private beach, not accessible by the public, I rest my case. When I pulled the permit on Friday for the most recent dredging that's being proposed and saw that there's an intent to put sand again in Pelican Bay, I have to question why it is here, why this was not reviewed by the BCC. Yes, there was a direction to file the permit, but I have -- this was my second meeting. I was not aware that this permit -- these permits are not being reviewed by the elected officials. Would you please go to the next slide, which is the actual picture of the proposed dredging. And I guess it's an aerial of the beach. The graphic. Do you have that? MR. DURHAM: We do have it. Commissioner, is this the one you're talking about? COMMISSIONER TAYLOR: Yes. So photographs, everyone says that a photograph is worth 1,000 words and sometimes you can doctor them. But this isn't doctored. To the right is the public beach, to the left is Pelican Bay. And I think we have another one here. Is that it? MR. MILLER: That's the only. COMMISSIONER TAYLOR: Okay. So it is false to say that a government agency mandates the placement of the sand, and it is extremely important going forward that this body reviews any permit that is done for this dredging or any dredging of this estuary, and that Page 59 January 13, 2015 the county is part of the process. Their name, the county is on this permit, not the PBSD. I am not belittling or negating the extraordinary work that you've done. And I truly believe from talking to you of your seriousness and your genuineness about preserving this entity. And you have managed it. And in the past you have managed it and it's been bounced back and forth. My concern is with the emotion involved in this issue, with the "I gotcha" attitude sometimes that comes out, and I'm not pointing fingers, that we've lost sight of the fact that this estuary is the last extraordinary estuary along the coastline. We've lost sight. Not that you've lost sight but there's a big picture here. There are -- and I've heard 70 and I've heard 90 homes, that were there started in the Fifties before Pelican Bay was even thought of I remember being on that water in the Seventies, in the late Seventies, and being able to drag my hand along a Force Five little sailboat as we were going out to do a little race. And I remember seeing the fish swim. And I remember that park and the extraordinary wealth of life there. I agree with the speaker, Mr. Conley, we need to come together. And we do it here. We need to come together and include all the stakeholders in this. Having meetings in Pelican Bay, in the Pelican Bay Community Center and not being televised after what happened two years ago with the drama at this Board and with all the negative attitude was probably not the wisest decision. That's not -- I'm not blaming, okay. But going forward, we have an opportunity. I have asked to see if we can televise these meetings to bring it to the public. I haven't heard back yet. I would love you to be here. I was told, well, most of the people are in Pelican Bay, it's difficult. I can respect that. But darn it, I live in Lake Park and I come here. And there are a lot of folks all over the county Page 60 January 13, 2015 that come here to meet because it's a neutral territory. But more importantly, as we go forward there needs to be a vote of this Commission the next time that public money is used to place sand on a private beach. That is something that flies in the face of good reason. I understand, I understand that the management plan and the efforts and the way this has evolved has brought this issue where there's a misunderstanding of roles, but I think it is up to us as a body to define those roles and to make it very clear that the buck stops here. You manage -- you're the manager of the estuary. That was a vote. I respect that. But you're an advisory board. And the county needs to be signed on those permits. And they need to be reviewed before they're sent off and we see that once again sand is being put to the north when you've got beach chairs from the hotels hugging the sea oats to the south. Thank you. CHAIRMAN NANCE: Okay, I'm going to go to Commissioner Fiala in a moment. But before I do that, since we seem to have a very serious discussion on a matter of fact, I would like to ask Mr. Hall a question, see if you can -- Mr. Hall, can you shed some light on this apparent discrepancy over which agency is the agency of record on this, whether it's the State of Florida DEP or whether it's the U.S. Army Corps on the permit that you are currently working on and the permit that would occur in the future? Who is the agency of record, sir, can you tell us? MR. HALL: The application that is currently under review is with the Corps of Engineers, the Army Corps of Engineers. That's the federal permit. The Department of Environmental Protection, which is the state permit, was already issued. And once the Corps has had a chance to do their review and comment back, any modifications that need to be made between either the application to the Corps or the existing permit with DEP will have to be resolved through Page 61 January 13, 2015 modification of the DEP permit or modification of the Corps application. CHAIRMAN NANCE: So those two agencies are going to agree as to where the sand is to be placed, or no? MR. HALL: They may or may not. I mean, they have different requirements. The different Corps authorizations limit where you can place fill. The application that we have in right now is essentially to match the DEP permit. And -- CHAIRMAN NANCE: In the future, if this plan is passed as proposed, where will the sand be deposited? Is there any requirement for where -- or will it be determined through the process of evaluation? MR. HALL: The State normally prefers that the sand stay in the system, that it stays on the adjacent beaches. As part of the Corps application, we actually extended the fill template to the south to the extent of the park property. It didn't used to go down that far on the previous authorizations. We actually extended the footprint to the south so we could put more sand to the south, before we start putting it to the north. And the other thing I think that's important is that the sand placement where the pictures that Mrs. Taylor had are of kind of the ebb shoal and where the pass comes out. That's not where the sand placement goes to the north. It actually goes further north than what was depicted in her photos where the placement goes. But back to Commissioner Nance's question, the current permit application is to the Army Corps of Engineers. That's the one that has -- that is still under review. CHAIRMAN NANCE: And they say the plan is to -- the sand is to go where? MR. HALL: It is up to -- I mean, as Commissioner Taylor said, the placement of the sand is up to the permittee. It's up to the applicant to tell them where they want to put it, and then the different agencies Page 62 January 13, 2015 review the potential impact that would have on public health and safety, on the environment, on the water quality, on all of those aspects that it's under their purview to review. And so in all of the dredging operations that I've been involved in there, back to, you know, to 2000, sand has gone in both directions, both to the north and the south. But the first placement is to the south until the area that we have permitted is full, and then the rest goes to the north into the area that we have permitted there. CHAIRMAN NANCE: Is that what's depicted on this slide? MR. HALL: That's from the application. But you can see how much further south the fill template was expanded there, down to the county park boundary. And then the template area to the north. And that includes both where the fill would go and some of the grading. If you see going to the north where those areas are really wide, a lot of that has to do with the sloping of the sand down to match the channel configuration once it's dredged. CHAIRMAN NANCE: Okay, thank you very much. Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: Thank you. I appreciated a few of the people that came up to speak to us saying this plan is for all of the county, not just favoring one community. I heard -- well, they just said for all of the county. I'm just saying it should be for all of the county, not just favoring one community. I have a question that nobody's asked yet. Who's paying for this? This comes out of TDC dollars? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Okay, so TDC dollars, right? MR. OCHS: Your inlet management program is typically funded from Tourist Development taxes. COMMISSIONER FIALA: Okay. COMMISSIONER HILLER: PBSD pays for the dredge, the Page 63 January 13, 2015 taxpayers of Pelican Bay. MR. OCHS: No, ma'am. COMMISSIONER FIALA: Pelican Bay you're saying is paying for the dredging? MR. OCHS: No, ma'am. COMMISSIONER FIALA: I didn't think so. MR. DORRILL: No, the dredging event was paid upon an application that I submitted to the Tourist Development Council. COMMISSIONER FIALA: I knew the answer before I asked the question. MR. DORRILL: My wife does the same thing. COMMISSIONER FIALA: Then you don't get caught short, you see. Anyway, so if that's the case, then of course the TDC is very interested in making sure the beaches for the visitors to the area, the tourists for the area are renourished. But it seems to me if the sand is going to the north end, the visitors can't visit and it's not going to the south end where it's desperately needed, and then I think that the TDC dollars are kind of being wasted because this is why they're dredging it. They're dredging it to have a clear channel, they're dredging it for people to be able to play in, boat in and so forth, they're dredging it because they would like to use that dredged sand up on the beach where the tourists can go. And I think that we're falling short on that. And nobody has brought that up today, so I thought I would just throw that in. A couple other things. Judy Hushon had come up here and she had just mentioned that being that the sand erodes very quickly from the north end, maybe that they should line some rip-rap along that area to then contain the sand once the sand is deposited there. That was just a suggestion she made. I thought I would just reiterate it. Another thing that I have a concern with is I think that in this -- as Page 64 January 13, 2015 I read this, it seems that we as the county, the county -- the BCC, the County Commissioners, are abdicating some of our responsibility to this area and giving it all to the PBSD who then manage it the way they feel they want to do that. But it is a county resource, it's for everyone. This is something that all people should be involved in. And all people should be happy. And as you can see just from the audience, from the letters that we're receiving, et cetera, you don't see much happiness about this plan, because it seems to be weighted heavily on one side and very, very light on the other. So I'm thinking I have a real problem with this. I would also like to hear from John Igelhart, or however you say his name, from FDEP. Because of what he was saying before. And that is that, you know, sand could be placed anyplace. I have so many other notes, I'm trying to hit them lightly. Let's see. I really feel being that this whole pass is supposed to be serving all of the county that the County Commissioners should be the decision-makers on everything. And we should also be involved in how the decisions are -- that the PBSD is presenting as an advisory board, we should be involved in how they get to those decisions. And I'm careful to listen to everything everybody has to say and I've read everything everybody has to say. Anyway, it's just I don't feel the plan is being fair. And you know me, anybody who knows me knows I'm all about being fair. Just be fair. You know, make sure that this is a plan that serves everyone and not a particular community. Thank you. MR. DORRILL: Commissioner, if I could offer just a couple of responses. I mean, I've known you for 35 years and I do know you to be fair. And I hope that you would recognize in return my reputation for Page 65 January 13, 2015 fairness. And to alleviate some of the I think misstatements earlier, the permit is in the name of Collier County, Florida. And in particular, the current application was signed by me. And organizationally I'm within the executive office of the County Manager and I report to Leo Ochs, who's the County Manager. There should be no question at all as to the fairness of the review of plans and contracts that are let. Because in the most recent incident, the construction drawings were reviewed by the Board of County Commissioners in advance of the bid that was awarded by the Board of County Commissioners. COMMISSIONER FIALA: Okay, so -- MR. DORRILL: The advisory board has no authority to approve or to authorize anyone to execute contracts or to review and approve the permit drawings or the construction drawings, and I want to alleviate that. COMMISSIONER FIALA: Okay. In that case, just as you've said, you know, it's in our lap now. That means we can change the plan that has been presented so that it becomes a little more fair to the entire county; is that right? MR. DORRILL: Yes, ma'am. Two other quick points -- COMMISSIONER FIALA: Okay. So right here at this meeting then we can change it around or send it back after we make some changes or suggest some changes and then send it back to rewrite it and bring it back to us. I think that that would be fair. Because then you're -- then we haven't given up our responsibility to be in charge of this situation, we have had input. Right now we're just given something and asking to approve it, right? MR. DORRILL: As long as you take into account what I said to Mr. Ochs when I arrived here this morning. I feel a little bit like Bill Murray in Groundhog Day. This is the fourth time that I have stood here and presented the Clam Bay Management Plan. On several prior Page 66 January 13, 2015 occasions we have been sent back. A great deal of the misinformation and just frankly the politics that play here, the sand first always goes to the south. But when I reach the capacity of the south to receive sand, the sand is either going to be hauled away and disposed of or it's going to be placed on the north beach as it was most recently. COMMISSIONER FIALA: Now, you said a very important thing. You said when the sand isn't needed on the south end in the park? But they're having real problems over there because there's so little sand that people are sitting almost amongst the dunes now because there's very little sand there. Tell me who has decided that sand wasn't needed there? MR. DORRILL: In part the Board of County Commissioners. Because what happened the last time, and as evidenced by the one picture that Ms. Taylor showed us, part of the reason that the beach to the north is wider than the beach to the south is because we paid, we the Foundation and the Pelican Bay Services Division, to renourish that beach with the truck haul project that was the first truck haul project. Clam Pass Park did not receive approval by the Board of County Commissioners for beach renourishment as part of the truck haul project that was done a year ago. And so naturally it's going to be wider by a function of whatever number of hundreds of thousands of cubic yards of material that were hauled in. COMMISSIONER FIALA: So then why would we have put the last dredge sand over there? MR. DORRILL: Because once I filled the south area to its capacity, I have nowhere else to put the sand. COMMISSIONER FIALA: You say the south end is already filled to capacity? MR. DORRILL: It was when we did the emergency reopening. It was not last year when we renourished it. But we're not a party to the Page 67 January 13, 2015 renourishment at Clam Pass Park. COMMISSIONER FIALA: Okay. So see, you kind of gave a different view once you said well, you know, last year it was different and so forth. Because it was badly eroded last year. And I just wanted to make sure that people understand that. So -- and if this is for all people and all -- and making all the county happy, that area which is adjacent to it has been forgotten. MR. DORRILL: Well, in final response to that point, in the current pending application, I instructed the consultants to push the fill template all the way to the south property line that is owned by the Board of County Commissioners. That's the extent to which I had the authority to push that sand to the south. The permit that we inherited only went about two-thirds of the way down Clam Pass Park. The current petition pushes it all the way to the south property line at the point to where the Board of County Commissioners no longer own property further south of that. COMMISSIONER FIALA: So you're telling me then that this last dredge, sand went to south beach, or not -- or south -- MR. DORRILL: It went to south beach first until the point that it was filled to capacity and we had nowhere else to put the sand, and then we went to -- COMMISSIONER FIALA: When was that? MR. DORRILL: That was the beginning -- the end of 2012 but in the first month of 2013. UNIDENTIFIED MEMBER OF THE AUDIENCE: No way. COMMISSIONER FIALA: And -- I see. And then from what I understand, that this latest -- this latest petition is to put -- place the sand on the north side. I didn't see the south side on there. MR. DORRILL: Both sides. COMMISSIONER TAYLOR: Both sides. MR. DORRILL: That's the picture that is -- that was here. That is Page 68 January 13, 2015 the fill template for any material that is dredged from any area within Clam Pass. The fill template as depicted is shown there accurately. COMMISSIONER FIALA: I guess I would need to speak to somebody about how that actually came out. Because from what I understand, the south beach is badly eroded and needed the sand desperately and it wasn't put on there. That's what I -- Leo? MR. OCHS: Commissioner, just a little bit of background on that. And this is going to sound ironic based on the discussion. But traditionally your county-wide beach renourishment project has renourished beaches that are designated by the State as critically eroded. That designation's important to our Board because it makes those beaches eligible for State cost share funding to share in the cost of beach renourishment. The State of Florida has not designated Clam Pass Park beach as a State critically eroded beach. For that reason, it was not included in the county-wide renourishment that occurred by truck haul a year or so ago. And secondly, historically, as you all discussed, when there was regular maintenance dredging for tidal flushing of Clam Bay, it was traditionally placed because of the State law in effect at the time on the down drift beach, which is the south beach. And that sand would then creep to the south and help renourish Clam Pass Park beach. So those are the reasons why it was not included in your major beach renourishment truck haul project about a year ago. COMMISSIONER FIALA: Was it eroded at that time, Leo? MR. OCHS: Well, again, the State designation was that it was not considered a critically eroded beach by the State of Florida. It was not then eligible, because it didn't have that designation for State cost share and was not included in our recommendations for the county-wide beach renourishment program at the time, ma'am. That and the fact that traditionally that beach benefited from the Page 69 January 13, 2015 placement of the sand that was dredged from the past during regular maintenance intervals in the past. And as you know, we haven't had one for a while because of all of this difficulty in getting the FDEP permit renewed. Does that make any sense to you? I mean, you see the beach physically, you say to yourself, it needs sand. I'm telling you that the State has not designated that section of the beach as critically eroded and therefore not eligible for State money to help us in our beach renourishment expenditures. COMMISSIONER FIALA: But if we can see that it desperately needs it, why is the State saying -- of course they're up in Tallahassee, how are they telling us? MR. OCHS: I'll have -- you know, I'll get the staff to respond to that and we'll send you all a briefing on exactly how the State makes those determinations. And, you know, if we can work to influence them to include that as a critically eroded beach, that would help us in future beach renourishments. COMMISSIONER FIALA: Being that you can see it visually, why do you have to influence the State? They should be able to see it themselves. I don't mean to put you on the spot, Leo. I'm trying to understand it. MR. OCHS: I'm just trying to respond to the question about why it wasn't included in the last renourishment. COMMISSIONER FIALA: Even though it needed it. Okay, I'm going to stop now, but I have some real concerns about this, especially that it's being an asset to the entire community. I can't see that yet. Thank you. CHAIRMAN NANCE: Commissioner Henning, give us your perspective, sir, please. COMMISSIONER HENNING: Well, it's confusing, the issues. The designation of a critical need is different than what took place Page 70 January 13, 2015 during the dredge. Most of the sand went to the south on the public's beach. And Commissioner Fiala, the time to address the issue about funding would be the time of the application to the TDC, then to the Board of Commissioners. I'm looking for -- if we need to haul it off, we need to haul it off on a public beach instead of the beach to the north unless, unless the Pelican Bay community is willing to reimburse or pay for that sand going on Pelican Bay's beaches. Okay. That's a totally different issue, though, than what is before us. However, you're correct in your assessment, Commissioner Fiala. That's going to come forward in the future. This is an issue of the maintenance of the estuarian system and the pass. Funding will be coming later on. Needs to be addressed. PBS&D is the county, all right. Commissioner Taylor, I know this is all new to you, but Pelican Bay Services District is the county. The management answers to the County Manager who we have a contract with. Okay? They are a voluntary citizens based group that is not compensated. So yeah, I can understand why they choose to put their meetings in Pelican Bay. We are compensated so I'm sure that if you wanted to view their meeting, you're more than welcome to go to their meeting because it is publicly advertised, it's open to the public. Not only you, Commissioner Taylor, but other people are more than welcome to join that. You know, if we need to widen Clam Pass Park, if it is narrower than what we have done for the City of Naples, then we need to forego any kind of designation and just get her done, Leo. MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay? If Commissioner Taylor is concerned about the condition of Clam Pass Park and if it's different than the City of Naples, then -- the width of it for the residents, then we need to get her done. That is up to your staff to do so, not PBS&D. Page 71 January 13, 2015 And the majority of the sand is -- so we can kick this down the road over and over again. We've already addressed all these issues: The width, the sand placement. And I was more than willing to listen to what the City of Naples have said. I read it. Your concerns are being addressed in the plan. And other than what's happened in the past, all I see, this issue is being politics, so I'm going to support the motion, if we vote on it in the next minute. COMMISSIONER TAYLOR: And if we don't? COMMISSIONER HILLER: I call for the vote and I'll make my comments after. CHAIRMAN NANCE: Commissioner, do you have any comment? COMMISSIONER HILLER: I have a very quick comment and it will take less than a minute. I swear, it will take less than a minute. Commissioner Henning, I agree with everything you said. This permit to dredge is not for renourishment. If there -- and it cannot be for renourishment. If there is a need to renourish Clam Pass Park beach to the south of the inlet, it would be done to the standards of our template like Vande Beach. Whatever the determination was made for Vande Beach, if we decide that's what we want to do, we can do that. That would not qualify for State funding; we would have to apply for a separate permit to get that done. The placement of this sand that comes forward from this dredge permit is not for renourishment. What the State says is not what Commissioner Taylor stated on the record. And I'm going to read an email that was sent by the State that we just received a copy of. And this is what the State says: The Department would like to clarify, while it is up to the permittee to decide where the future material should be placed north and/or south, that determination -- and this is where I want to emphasize -- that Page 72 January 13, 2015 determination needs to be consistent with the requirements and conditions of the permit, the project design and be based on the actual need for the sand, which monitoring and survey data collected for the project area will show. This is -- I think they omitted a word. I believe they meant to say this is to ensure that the adjacent eroding beaches will continue to be properly maintained and also to avoid potential adverse impacts which could result in a hydraulically unstable pass, et cetera. For example, specific condition 4.B of the permit requires the submission of a topographic survey of Clam Pass and adjacent beaches within the project area within six months prior to a request for a notice to proceed. If the data supports the placement of all the dredge material on one specific shore, then that would certainly be consistent with the intent of the permit and project design. So it is not that the county has the right to arbitrarily without supporting cause and evidence to show that cause ask that all the sand be placed on one beach or the other. Our county consultant has made it clear what we have requested in that application, and that is that it first would be -- the sand would build up the banks, then would be shifted to the south and any excess would be shifted to the north. If the evidence, when the time comes six months prior, doesn't support that, the State and the Federal regulators will not permit that. Again, the placement of the sand is not for beach renourishment. If the decision is made based on our template that more sand should be placed in front of that park, we need to have a separate study done. That study has to be accepted by the Board with direction that we apply for a separate sand renourishment permit for that beach which is absolutely independent of this dredging initiative right here. So I think, Commissioner Henning, your points were all very well made and I thank you for your support of the motion. I believe that was under a minute. Page 73 January 13, 2015 COMMISSIONER FIALA: Yeah, right. COMMISSIONER HILLER: Just sitting here praying. CHAIRMAN NANCE: That's not even close to a minute. I don't think Commissioner Hiller's spoken for under a minute yet in her tenure. COMMISSIONER HILLER: I'm going to work on that, that's my commitment. CHAIRMAN NANCE: Thank you for your courtesy. I'm going to make just a few comments and then I'm going to go back to Commissioners Taylor and Fiala for a couple final comments. I'm going to support passing the plan as it's written, and I'll tell you why. I know that there are many, many stakeholders, and I have recreated in Clam Pass ever since I was a little boy. I was there in the Sixties. Unfortunately because of the influence of man and changes over time and different natural changes, the Clam Bay and Clam Pass system are very, very anemic. It's just not a vigorous system. And it's going to be going forward, as everybody knows, a completely managed system, as are so many of our natural areas. And that's disappointing to me and it's disappointing to many people. But these things are going to need our help over an extended period of time. And, you know, many of the people who speak passionately on this topic, you know, they're looking for specificity on things. They want to nail things down. They want to know that they can count on something. Well, I'll tell you, this estuary and this NRPA is a very dynamic thing. And as soon as we think you've got something nailed down, there's going to be a need to change. So this plan is going to have to be flexible or it will be a failure. And if the Board of County Commission and the Pelican Bay Services Division and all the stakeholders aren't vigilant, it's not going to work Page 74 January 13, 2015 and we're not going to be able to maintain this in good health. So the challenge is before us, not behind us. The passage of this plan is not going to finalize anything. I don't think there's been a single day when all the stakeholders on Clam Bay, in my lifetime anyway, have been in agreement. And I don't anticipate that they will anytime soon. But thankfully they're all passionate, they're all vigilant, they're all looking at things. And, you know, I think we're going to have to make changes going forward and we're going to have to have proper management on an ongoing basis. And this includes of course we'll replace the sand and how we manage the money for our beach renourishment, which is always going to be a factor. So I think there's a big challenge ahead, I don't have any great anxiety about it, and I'm going to support the motion. I did second it, but I'm going to go to Commissioner Taylor and then Commissioner Fiala for final comment. COMMISSIONER TAYLOR: I heard that word final. Thank you. Commissioner Hiller, you made my point so thank you very much for reading that entire email from Mr. Cheu Chang (phonetic). Excuse me if I mispronounced your name. Would you be so kind, Mr. Ochs, to put up the permit application, the current permit application? This was filled out by the permittee who Mr. Dorrill, he told me his signature is on this. And if the public would notice, the sand is being placed again on the private beach of the Pelican Bay. As far as I know, there was not a discussion in front of this Board about this. And forgive me, Mr. Dorrill, I don't mean to be rude or abrupt, but I just need to be very, very clear about this. You are employed by the Pelican Bay Services Division, which is an advisory board of the county; is that correct? MR. DORRILL: No, ma'am. Page 75 January 13, 2015 COMMISSIONER TAYLOR: Okay. MR. DORRILL: I have a contract with the Board of County Commissioners and I work exclusively within the executive office of the County Manager, as depicted on your organizational chart. COMMISSIONER TAYLOR: Okay. So the hierarchy is did you vet the placement of sand in this current permit, not the last one, that was an emergency and I understand that. But this one, did you vet this in front of this Board where it's going to be placed? And please don't give me we gave you the material to read, you didn't read it. MR. DORRILL: No, but it is part of the backup material for today's agenda item. COMMISSIONER TAYLOR: Okay. MR. DORRILL: Today is that opportunity, as we have previously shown on the exhibits that were all part of the executive summary. COMMISSIONER FIALA: But the answer for the public? MR. DORRILL: Aside from public meetings that we held with the advisory board, there has not been any additional workshops or public meetings other than the meeting today. COMMISSIONER FIALA: He didn't answer. COMMISSIONER TAYLOR: That's right, and I can't do this. COMMISSIONER FIALA: I'll do it. COMMISSIONER TAYLOR: So would you say that's a yes or a no? MR. DORRILL: I'd say it's a yes. It's part of the agenda materials for today's meeting. COMMISSIONER TAYLOR: Did you vet it verbally in front of the public in this Board in a chambers? MR. DORRILL: We didn't do it in this chambers, we have done it on any number of occasions at the Pelican Bay Advisory Board. COMMISSIONER TAYLOR: In your meetings in Pelican Bay? MR. DORRILL: Yes. Page 76 January 13, 2015 COMMISSIONER TAYLOR: Okay. I think that's an unfortunate way of conducting business. Because it marginalizes the public. Because this is where the buck stops. How was the $6.66 per cubic yard price of that sand determined in the dredging of 2012? MR. DORRILL: Through a declaration of a State of Emergency by the Board of County Commissioners to waive the extended formal seal bid process and to -- through your purchasing department solicit emergency quotes for the reopening that was approved here in these chambers. COMMISSIONER FIALA: The $6.60 was approved? COMMISSIONER TAYLOR: So you actually in the minutes, if I go back, I'm going to see that this Board approved the price of$6.66 per cubic yard for sand placed north of the pass? MR. DORRILL: I think within the emergency declaration they conveyed the authority to the County Manager through the process that I just explained. COMMISSIONER TAYLOR: To determine the price? MR. DORRILL: The price was determined through a competitive process and there were pre-bid meetings that were coordinated by the purchasing department, and I don't remember how many vendors were at the pre-bid meetings or the number of bids that were received. But the award of the bid was part of the State of Emergency declaration. And that was delegated to the County Manager and then subsequently reported -- I don't believe that it was a consent agenda item, as it would have otherwise been had it not been for the emergency declaration. COMMISSIONER TAYLOR: $6.66 per cubic yard for sand would be a consent item? No, sir. If we're paying 40 plus for truck hauls and it's going through basically the City of Naples streets? COMMISSIONER HENNING: Mr. Chair, this item is not on the agenda for discussion. What is on the agenda is for the Board and the Page 77 January 13, 2015 motion to approve the management plan. Can we stick to the topic at hand? CHAIRMAN NANCE: So noted. Commissioner Taylor, do you have any further comments on the item? COMMISSIONER TAYLOR: Yes, I do. After we vote on this item, I'm going to ask my colleagues to consider another motion whereby any permit is reviewed publicly in this chambers going forward of any kind of dredging permit of the Clam Bay Pass estuary, and that a full vetting of how much money is going to be paid by an entity receiving the sand that is not in the public, whether it's in Pelican Bay or Hideaway or anywhere, it's brought to this chambers and it's -- there's a full vetting of how this cost has been determined. UNIDENTIFIED MEMBER OF THE AUDIENCE: Park Shore. COMMISSIONER TAYLOR: Park Shore is truck haul. They pay for it. They pay what, 40, $49 a cubic yard, not $6.66. Also, if you note, the permit, this -- Mr. Dorrill, you're going to tell me you signed off on this. So this was determined, you're telling me, with Mr. Ochs' consent that the sand would be placed north of the pass, right? COMMISSIONER HILLER: She doesn't understand. COMMISSIONER TAYLOR: In this permit that's up here, this current permit. You're telling me that you signed it. So you made that decision or the Pelican Bay Services Advisory Board made this decision and you got the consent of Mr. Ochs to this. MR. DORRILL: Well, I think the decision was made. And essentially with the exception of extending the fill template further south to the end of the property that is owned by the County Commissioners, this is essentially the same fill template that has been part of the original design. COMMISSIONER TAYLOR: I would take that as a no. Page 78 January 13, 2015 MR. DORRILL: Well then, I would ask you to rephrase your question, perhaps I can give you a better answer. COMMISSIONER TAYLOR: Did you -- you signed this permit. So you agreed to the placement of this as the -- as an employee of the county and also the liaison to advisory board, you signed the permit, which means you agreed that the sand and this dredging would be placed on the private beach. CHAIRMAN NANCE: Mr. Dorrill, would you be so kind as to get with Commissioner Taylor and please answer her questions on this item? I don't want to belabor the -- COMMISSIONER TAYLOR: Point of order. I think it's extremely important -- COMMISSIONER HENNING: Mr. Chairman? COMMISSIONER TAYLOR: -- to put this -- CHAIRMAN NANCE: We're going to -- Commissioner Taylor, in all due respect, I think you need to get some background on this. If you'd like to bring forward another item on beach renourishment, we can consider all of your concerns as to how that's undertaken and the cost involved. But right now I want to move to Commissioner Fiala for some final comments on this motion. COMMISSIONER FIALA: I would just like to say, first of all, we were very, very close to getting that permit years back to get this thing dredged and opened up, and it was stopped just toward the end of it. And I just want to put that on the record in case our audience is not aware of that. And while we were -- up until recently we were pretty much in control of that area. We kept it clear, we kept the mangroves alive and healthy, rescued them, actually, kept them alive and healthy, we kept it open to all people. It was really truly a place for all people. Kayakers were in there a lot and they loved every bit of it. We kept the beaches open. And I fear now that as we place -- we're kind of creating a huge Page 79 January 13, 2015 bureaucracy, actually, and we're not going to have much of any say in it here at the County Commission. And I fear what's going to happen not only to that pass as it continues to close instead of functioning properly, I worry about all of the people in the community as well who cannot use that natural asset. Thank you. CHAIRMAN NANCE: All right. COMMISSIONER FIALA: I would like to -- oh, I meant to say, I would love to -- because you said this is something that can be adjusted at any time, I wanted to put on the record that the City of Naples added just a couple requests, not many, and I think they should be added to this document, this management document, rather than shuffled under the rug. CHAIRMAN NANCE: All right. Having gone numerous round on this, I'm going to call the question. All those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: The motion passes with Commissioners Taylor and Fiala in dissent. COMMISSIONER HILLER: Commissioner Nance, I'd like to make one comment, if I may, now that the vote is final. Commissioner Taylor, you -- COMMISSIONER HENNING: This needs to be reconsidered. COMMISSIONER HILLER: No, I just -- this is -- in defense of staff, I feel bad for what you have gone through. You appropriately submitted this permit in the manner presented here at the Board's direction at the last meeting when this item was generally continued to Page 80 January 13, 2015 allow the City to involve itself. And Commissioner Taylor, you voted to allow staff to submit the permit based on the plan to move it forward. So in answer to your question, was this approved and did you know about it? Yes, it was -- as I understand -- I'm sorry, as presented by Mr. Dorrill in the backup, and we by vote of this board, and I believe it was a unanimous vote, directed staff to submit what they submitted. So he didn't do anything wrong. CHAIRMAN NANCE: Mr. Dorrill, please address Commissioner Taylor's comments -- questions, if you don't mind. Answer her questions at a personal time of your choosing. And then we can bring that forward as a future agenda item, if there's something else. MR. DORRILL: I agree. And also in conclusion, we have already had our first meeting with your television production staff to broadcast our meetings live. COMMISSIONER TAYLOR: Great. MR. DORRILL: And we have just received the approval of the advisory board to evaluate replacing the tidal gauge monitors so that they report tide gauge information in real time that can be uploaded to the County Commission's website so that people can begin to see diminishing tidal prism and exchange in a real-time basis, and they just authorized that at their last meeting. CHAIRMAN NANCE: All right, thank you. Mr. County Manager, do you have a short item before lunch break that we can get into, sir? COMMISSIONER TAYLOR: Excuse me, Chairman, what went before -- this is just a question of procedure, and maybe we need to bring it back as an agenda item, and I'm very comfortable with that, but I would like to establish a process by which any and every permit that is decided in this Clam Pass area or in any other area by any advisory board in the same configuration as the Pelican Bay Services Division, Page 81 January 13, 2015 be brought before, like this, in paper so that we can discuss what is being requested. CHAIRMAN NANCE: Okay. Bring it forward as an agenda item or for consideration with staff and I'm sure we could discuss it in detail. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN NANCE: Yes, ma'am, thank you. Mr. Ochs? Item #11B THE OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT'S PROPOSED REVISION TO COLLIER COUNTY'S BASIC INDUSTRY GROWTH PROMOTION INCENTIVE — APPROVED MR. OCHS: Mr. Chairman, your next item is 11 .B, it's a recommendation to adopt the minor revision to your Collier County Basic Industry Economic Development Incentive Package. Mr. Register will take you through that proposed change. MR. REGISTER: Good morning. Bruce Register, your Director of Business and Economic Development. Commissioners, 11 .B is a request to approve a recommended revision, minor revision, to the county's Basic Industry Growth Promotion Incentive. Fundamentally there's two changes that I'd like to introduce for your consideration. That would be to increase the award from $1,500 per job for those qualified applicants and lower the job eligibility threshold from 10 to five. The question might occur to Commissioners, why would we want to try this and why would we want to approach this and function -- Page 82 January 13, 2015 make this change? I would say that while this program will be restricted to very worthwhile targeted industry jobs, we've observed over the last year the prospects that could be a strong contributor to our economy that have been investigating the possibility of expanding and locating in Collier County have not been -- we've not been able to induce them with the current incentive that we have for the base incentive program. We believe that these kind of companies can make a very positive contribution to the economic situation in our community. We also think that the profile of those industries have been privately held small businesses, very entrepreneurial, they're fully engaged with advanced manufacturing and they are entitled to using business technologies, either through robotic or C&C Machining or Microelectronic Communications Equipment, this requiring a mix of semi-skilled and skilled labor that in some cases would render them ineligible for the state's financial incentive program which is the qualified targeted industry program. We believe that making this change is consistent with our priorities and our principles that we've established for using financial incentives. The principles of equity, as a feasible business case, is established for these programs, they're legally and officially sound. They will build career opportunities for our citizens and they'll advancing (sic) additional education and experience that will turn semi-skilled employees into skilled employees. So in conclusion I'd like to also point out that this will advance our objectives for supporting targeted industries. It will also improve our earnings capacity and our productivity from GDP -- excuse me, gross domestic county product, as well as reducing unemployment, and it will diversify our economic base. With that, Commissioners, I'd request that you consider this minor revision to our incentive programs, and I stand ready to answer Page 83 January 13, 2015 any of your questions. CHAIRMAN NANCE: Who's first? I know Commissioner Hiller buzzed in last. Are you first, Commissioner Henning? Would you like to start off? COMMISSIONER HENNING: Just one question. The program as it exists today, how many jobs have we awarded? MR. REGISTER: We have not had an applicant for this program. COMMISSIONER HENNING: Okay. That's why the necessity to change. MR. REGISTER: That's why we're looking toward a revision. COMMISSIONER HENNING: Motion to approve. CHAIRMAN NANCE: Okay, there's a motion to approve. Is there a second? COMMISSIONER HILLER: I'll second it. CHAIRMAN NANCE: Commissioner Hiller seconds it for discussion. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I wanted to know, is this -- first of all, is this tied to a wage level? MR. REGISTER: Commissioner, this program was introduced with a floating wage that follows the pegged three-digit NAICS code for a specific industry within Collier County. For instance, if you had a medical device company and we had the capacity through the Florida Gulf Coast University to get quarterly census wage data that we'll be able to identify what the current average wage in Collier County is for that specific industry by three-digit NAICS code, and that would be the requirement that this company would have to meet or exceed that average wage of that typical industry in Collier County. COMMISSIONER FIALA: So it's not really tied to any wage level, it's depending on the company; is that what you're saying? Page 84 January 13, 2015 MR. REGISTER: Dependent on the actual official classification of the industry. MR. OCHS: It's still the average. COMMISSIONER FIALA: Is there an average wage -- MR. REGISTER: Yes, ma'am, for that industry. COMMISSIONER FIALA: For that industry. So in other words, when you're talking about beverage production or food production, food production could be a cook or -- MR. REGISTER: Food production typically in Collier County had an average of roughly $30,000. COMMISSIONER FIALA: I see. MR. REGISTER: I'd also like to add that that's going to be essentially very important for our Immokalee Incubator for a commercial kitchen. Because our whole objective for focusing on culinary kitchen and commercial kitchen was to try to improve the opportunities for folks in Immokalee and the rural areas to establish their own businesses -- COMMISSIONER FIALA: They're not going to -- MR. DORRILL: -- and food and beverage production was one of those industries that we anticipate. COMMISSIONER FIALA: Right. But they're not going to get that amount; the business is going to get that amount. And in most cases, I think businesses are going to be eager to hire the people that you train in that kitchen, because there is always a need for cooks and preparation staff. Also this could also be packing houses as well, right? I mean, it doesn't differentiate. It says nicely, medical products, aviation, but it also says food and beverage production. And I'm looking at that. And I want to secondly mention, if we haven't been able to garner any people as yet to take advantage of this incentive, I'm thinking if you -- and now you want to reduce it to five employees rather than 10, Page 85 January 13, 2015 maybe an incentive would be $1,500, which we have now, for five employees, but if you get 10 employees then you get $3,000 an employee. Now, I realize we're not talking about very high wage people. And if they're low wage people and then they're not given any benefits, we're going to have to pay for those benefits as well. So that's another thing to consider. I'm concerned about these things, because I think there's a -- I would prefer to see us trying to get some high wage jobs into the area, which is something we've been going after for many years, and this is not it. Thank you. MR. REGISTER: Commissioner, my only response to that is that this is the lowest rung of a three-tiered ladder that we've established for financial incentives. We have the QTI program, which I mentioned earlier, is a targeted state program that focuses on 115 percent of the average -- excuse me, state or county or MSA average wage. We also have another layer of incentives that goes beyond that, it's much higher wages. COMMISSIONER FIALA: But this doesn't refer to that. MR. REGISTER: Commissioner, this is an approach that provides us a broad range of coverage for economic activity that goes from low, medium and high. This is a strategy that's designed to make us more competitive in this state and southeast as well as the nation. COMMISSIONER FIALA: Well, Bruce, most of the places are eager to hire anybody who will work there. I see signs for cooks and service employees everyplace. It's not going to be difficult to get them, period. I mean, you don't have to offer an incentive, they're looking for the people. It's just that they're having difficulty finding them. So, I mean, that to me is an incentive to bring new companies in. These people can be hired here right now any time. So that's my take on this. CHAIRMAN NANCE: Commissioner Taylor? Page 86 January 13, 2015 COMMISSIONER TAYLOR: I guess a question I have is, is there any -- do you have any objection if we raise the bar to maybe rather than -- and I'm just doing calculations, and our Chairman can help me with this, because we talked about numbers. But it does appear that the businesses you're trying to incentivize, number one, are you trying to incentivize full-time employees? Because the way it's out there now, what's happening is, is these low or modest wage employees are not being hired full-time. They can work overtime. They might get 46, they might get 50 hours a week in the season, but basically they're being hired as part-time employees without the benefits. MR. REGISTER: Commissioner, we have a requirement in the program, and it's part of the backup, it either needs to be a full-time employee with an average of 36 hours a week, or business will be allowed to have two employees working a minimum of 20 hours per week as one full-time equivalent. As long as these employees are eligible to receive full benefits. COMMISSIONER FIALA: Eligible. Does that mean if they provide them to them, right? MR. REGISTER: There could be a cafeteria program that provides some sort of level of participation from the employer that the employee may have to match or some sort of arrangement so there's eligibility for some participation from the employee so this employee can achieve a level of a quality job where their life can be fulfilled in having some decent benefits. COMMISSIONER TAYLOR: Not at 20 hours a week. I know, I have one in my house right now. MR. REGISTER: That's our requirement. If you see to direct us to do something different, I'll be happy to accommodate your request. COMMISSIONER TAYLOR: I'd like to see this maybe raised to 42,000 a year to reward businesses, for 42 to 46,000 a year. Maybe that Page 87 January 13, 2015 would be better. Because I agree with Commissioner Fiala, and I'm very close to this because of what I've done and what I'm still connected to, the demand for low wage workers is great in this community. And if they can, people are trying to fill these jobs and -- MR. REGISTER: Can I provide one distinction? The jobs that I've heard discussed so far have been non-based jobs. They have not been the targeted industries that we're limiting this program to. COMMISSIONER TAYLOR: But food and beverage -- MR. REGISTER: Restaurant service industry, retail is not a targeted industry. These are production facilities that are exporting goods, commodities or service out of this community. It's not for consumption inside of this community. That's the general idea for having a basic industry growth promotion. This is not considered for our service support types of industries. There's a big distinction here. CHAIRMAN NANCE: This program is to attract businesses that we are desiring in our community that we don't presently have. These are supposed to provide incentives for people to come here and offer positions. And the incentives are at multiple levels. This is the lowest one. And then there's two higher ones for higher wage jobs. So what we want to do in Collier County is we want to attract new businesses to come here to offer these jobs to people, and we are willing to give them an incentive if they offer certain sorts of jobs. And this is a full spectrum program that Mr. Register is presenting today. What he wants to do is since we haven't had any takers on the low end, what he wants to do is he's proposing to modify that program to make it a little more enticing to get some more businesses to come into Collier County. But those businesses that we are incentivizing are restricted to those particular ones that we've identified. For the viewing public, Bruce, could you kind of remind everybody what those sorts of businesses are that we're trying to attract Page 88 January 13, 2015 to our county? MR. REGISTER: Yes, sir. We specifically follow the State's qualified targeted industries. There's broad categories. Let me try to summarize this. There are clean tech, life sciences, info tech, aviation and aerospace, homeland security defense, financial and professional services. It will also include manufacturing, corporate headquarters, research and development, as well as, as we mentioned, food and beverage, manufacturing, automotive marine, plastics and rubber. I can make this available as a full list that could be made available to anyone that would care to see this. COMMISSIONER TAYLOR: And I can respect that. So basically you put -- the food and beverage is what caught me, and that's what I looked at, not the others. But you're specifically designing that because of the Immokalee incubator. MR. REGISTER: That is one of the purposes. COMMISSIONER TAYLOR: I can respect that. Does this -- when we adjust these numbers, does this make us more competitive -- MR. REGISTER: Absolutely. COMMISSIONER TAYLOR: -- with other counties? MR. REGISTER: Absolutely. COMMISSIONER TAYLOR: Okay, thank you. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, just one final question. And I only heard this from one person, so let me clarify that so that I'm not saying everybody says. Just one person said that this doesn't apply to him at all. He's hiring 20 more employees right now. But his employees are on the low end of the wage. He doesn't provide any benefits, by the way, and people leave regularly. So they never stay more than a year, he said. Page 89 January 13, 2015 He said what would help him to grow his business and expand his business would be if you would be able to offer assistance, your department, if you would be able to offer assistance in obtaining some kind of impact fee incentives, whether it be to delay it or take it year-by-year-by-year or something like that. He said also helping them with -- if they're buying a used building, to help them to upgrade and improve it, if there would be incentive dollars to do that. He said that would help a business a lot more than something like this because he doesn't qualify for any of that. And I thought that was interesting. It's just something for you to think about in your office and come back and talk about it. Not for this day, but I thought it's a good suggestion. MR. OCHS: Thank you. Yes, ma'am. CHAIRMAN NANCE: All right. Hearing no further comments, we have a motion by Commissioner Henning and a second by Commissioner Hiller for approval. All those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Commissioner Fiala dissents. Approved 4-1 with Commissioner Fiala in dissent. All right, it is 12:06. I think it is time for lunch. We will return at 1 :06. (Luncheon recess.) CHAIRMAN NANCE: Welcome back. MR. OCHS: Mr. Chairman, you have a live mic. Item #7 Page 90 January 13, 2015 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN NANCE: Yes, sir, I believe that takes us to public comments; is that correct, Mr. Ochs? MR. OCHS: Yes, sir. Item 7 on your agenda, Public Comments on General Topics Not on the Current or Future Agenda. MR. MILLER: Mr. Chairman, I have 11 registered public speakers. CHAIRMAN NANCE: Eleven? MR. MILLER: Eleven, sir. Some have ceded time to others, so it will be fewer number than 11 actually speaking. Your first speaker is Peter Richter, who's been ceded three minutes from Karen Flaugh; I think I'm pronouncing that correctly. And he will be followed by Keith Flaugh. CHAIRMAN NANCE: Is Karen here? MS. FLAUGH: Yes. CHAIRMAN NANCE: Okay. Go ahead, sir. MR. RICHTER: Hi. This resolution I'm about to read is carefully drafted to ask the BCC to use your voice to protect the rights to a quality education to your Collier families and voters. We ask you to advocate -- CHAIRMAN NANCE: Would you state your name and address for the record, please. MR. RICHTER: Of course. Peter Richter, 4700 Lighthouse Lane, Naples. Again, excuse me for reading the resolution. We ask you to advocate to the Southwestern Florida legislative contingent and to our Southwest Florida U.S. Congressional contingent. We are asking your sister Constitutional body, the Collier Page 91 January 13, 2015 School Board, to do a similar resolution tonight. Our request today is procedural. We ask you to vote to put it on the next BCC meeting for a final vote. This is a resolution of the School Board of Collier County to petition the Florida legislature through our Southwest Florida legislative contingent, the Governor and the Federal Department of Education through our U.S. Congressional officials to reclaim the educational sovereignty of the State of Florida, under the U.S. Constitution for the citizens of Florida, and to restore local school board control of standards, curriculum and student assessments. WHEREAS, the U.S. Constitution does not grant the Federal government with the specific authority to impose acts, laws, orders, rules or regulations relating to education; and WHEREAS, the Ninth Amendment to the U.S. Constitution reads: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people; and WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: All powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the people; and WHEREAS, per the absence of specific delegated authority relating to education in Article 1, Section 8 of the U.S. Constitution and the clear language of the Ninth and Tenth Amendments, all education powers reside within the States and the people; and WHEREAS, the Fourth Amendment to the Constitution guaranties the rights of the people to be secure in the persons houses, papers and effects against unreasonable searches and seizures; and WHEREAS, the Constitution of the State of Florida, Article 9(4)(B) provides the School Board shall operate, control and supervise all free public education within the school district; and WHEREAS, the Common Core State Standards are a set of Page 92 January 13, 2015 academic standards owned and copyrighted by two private membership organizations, the National Governor's Association, NGA, and the Council of Chief State School Officers, CCSSO, that the government -- the Federal government is imposing on the states through incentives and punitive measures to force a one-size-fits-all education on American students; and WHEREAS, the Federal Department of Education has played a significant role in propelling the use of Common Core throughout the nation via the Race to the Top Program and No Child Left Behind waivers; and WHEREAS, the Florida Next Generation Sunshine State Standards result in a one-size-fits-all curriculum that reconstructs U.S. history, minimizes the reading of classical literature and destroys many students' desire for learning and creative thinking; and WHEREAS, excessive high-stakes tests are derived from the Common Core Standards that impose life-changing punishment on students based on a single test for third grade and graduation, significantly influencing teacher pay, incentivizing them to teach to the Common Core Standards an related tests; and WHEREAS, the State of Florida requires the high-stakes testing that results in district and school grades, teacher pay and student retention, which forces local schools and Collier School District to adopt Common Core Curriculum and teach to high-stakes tests; and WHEREAS, Common Core requires that the collection and sharing to the federal agencies and large international corporations of over 400 individual and personal data points to feed a longitudinal database of massive amounts of personal, student and teacher data without propel- controls and violate individual rights to privacy. NOW THEREFORE, be it resolved by the School Board -- sorry, the wrong one, the Broward County Commission sitting and duly called session on this day that the BCC calls upon the Governor and Page 93 January 13, 2015 Florida Legislature through the Southwest Florida legislative contingent to pass legislation that restores the control of standard, curriculum and assessments to the local county school districts. Under State of Florida Article 9, section (4)(B). BE IT FURTHER RESOLVED that the Broward County Commission calls upon the Governor and the Florida legislature through the Southwest Florida legislative contingent of the Florida House of Representatives and the Florida Senate to immediately pass an act repealing the Common Core Standards content of the Next Generation Sunshine State Standards, curriculum and high-stakes testing that are being imposed through incentives and punitive actions by the Federal Department of Education and state government agencies in violation of the Constitution of the United States, the U.S. Bill of Rights and the Constitution of the State of Florida, violating its true meaning and intent as given by the founders and ratifiers and are hereby declared to be invalid in the State of Florida. BE IT FURTHER RESOLVED that the Broward County Commission calls upon the U.S. Congressman Curt Clawson and Mario Diaz-Balart and U.S. Senators Bill Nelson and Marco Rubio to use all actions necessary throughout the utilization of their respective powers to halt the implementation of Common Core Standards in Florida, including Next Generation Sunshine State Standards that drive Common Core Curriculum, high-stakes testing and violate individual rights to privacy and to protect the State of Florida from retribution by the Federal Department of Education. CHAIRMAN NANCE: Mr. Richter, isn't this what you've already sent to the Board of County Commissioners? MR. RICHTER: Yes. CHAIRMAN NANCE: Thank you. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Commissioner Henning. Page 94 January 13, 2015 COMMISSIONER HENNING: We might be able to speed this up along. I just -- I mean, I'm in favor, Peter, if you stay up there, I'm in favor of bringing this onto a further agenda. However, that last paragraph, be further resolved, is asking our federal representation to take further action. However, because of state rights it's really up to the Governor and the legislators to take action on how the students are educated in the State of Florida; is that correct? Does anybody have any concerns about my statement? MR. RICHTER: No, I think that's accurate. COMMISSIONER HENNING: Okay. So that last paragraph can be removed. MR. FLAUGH: Can I speak? I'm the next on the agenda. COMMISSIONER HENNING: Okay. I mean, it's up to the Chairman, but -- MR. MILLER: Your next speaker -- CHAIRMAN NANCE: Have you got your question answered? COMMISSIONER HENNING: No. CHAIRMAN NANCE: Well, then, continue. Let Commissioner Henning continue, please. COMMISSIONER HENNING: Go ahead, answer the question. MR. FLAUGH: We think it's the responsibility -- CHAIRMAN NANCE: Who are you, sir, for the record? MR. FLAUGH: Keith Flaugh. I live on Marco Island, 1390 Quintara Court, Marco Island, Florida. We think it's the responsibility of the sitting Congressional Representatives to further advocate on behalf of this issue. They certainly have a role to declare that the Federal Government does not have a role under the Tenth Amendment. I know Curt Clawson supports that. Jessie's here and can speak for himself or for Curt. But we thought that was a relevant request of you to ask our sitting legislator -- Congressman in both the House and the Senate to Page 95 January 13, 2015 advocate for the Governor to do this. COMMISSIONER HENNING: Okay. Well, then with that said, I think it's most appropriate to remove that, strike that, and I'm going to make a motion to put this on a future agenda. CHAIRMAN NANCE: Is there a second? COMMISSIONER HILLER: I'll second it. CHAIRMAN NANCE: There's a motion and a second. Now, do we want to continue to -- COMMISSIONER HENNING: Now let me just add, if the motion carries on this issue, can we do other business? In other words, would everybody succeed (sic) their time, you know, based upon a positive vote? UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes. MR. FLAUGH: I think so, yeah. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Okay, you want to have comments. Commissioner Taylor? COMMISSIONER TAYLOR: Having struggled with this in the City Council, the attorney at that time convinced me that this is not the place for a commission board to opine on. Individually, absolutely we have the right. But as a Board, it's not our purview. We have no -- there's a word and I'm struggling With it. But we have no power. It would be like asking the school board to the opine where the pipes are going to be laid underneath the street or having them come in as a school board and saying, you know, you've got to stop this growth. Individually they can. But as a board it's muddying the waters and I just don't think it's our place to do it, as a board. Not as individuals. Absolutely as individuals, but not as a board. CHAIRMAN NANCE: I'll just make a comment before I go back to Commissioner Henning. I also have a little bit of concern because we have an Page 96 January 13, 2015 independently elected school board whose responsibility is to make decisions and recommendations on curriculum and its administration, as well as to determine what the fiscal impact of such an action would be to the school board itself. So I'm very interested in it, I'm very interested to see what the school board does, and I would personally like to reserve action on my part until I see what the reaction is of our local school board who are tasked with that responsibility. Commissioner Hiller? COMMISSIONER HILLER: Commissioner Henning was first. CHAIRMAN NANCE: Commissioner Henning. Then Commissioner Hiller. COMMISSIONER HENNING: Well, I understand that there's limitations by Municipalities; however, County Government's duties and actions is very broad, spelled out by Florida Statutes 125 and the Florida Constitution. And Commissioner Nance, I agree, we're not taking -- the only action we're taking on this is to put it on a future agenda. CHAIRMAN NANCE: By which time we'll theoretically know what action if any the School Board is going to engage in? COMMISSIONER HENNING: Absolutely. Absolutely. Now, having a child within the school system and knowing how burdensome this new way of teaching is and hearing from the teachers within the system, it wasn't the local school board that really made a choice to go to this new standards. It was the people in Tallahassee. And so that's why I'm eager to put this on a future agenda: A, to address it in this legislative session; B, to hear what the school board has to say; and C, let's try to get a better way of educating our children. Because it is -- I mean, my son carries a book bag that weighs 50 pounds. It's terrible what they're doing to these kids, you know. And I'm sure most of you remember the things that you learned in school really don't apply today. So anyways, that's why I made the motion. Page 97 January 13, 2015 CHAIRMAN NANCE: So does your motion include taking action following the action of the school board? COMMISSIONER HENNING: It is. Because that's how it's going to take place. They're going to be hearing this tonight and we're not going to be hearing this until the future agenda. CHAIRMAN NANCE: Okay, so we're going to wait on their action then, is that what -- COMMISSIONER HENNING: Yes. CHAIRMAN NANCE: As soon as they take action, we're going to put it on the agenda; is that what you're proposing? COMMISSIONER HENNING: Sure. CHAIRMAN NANCE: Okay. I can support that. Any other comments? Commissioner Hiller? COMMISSIONER HILLER: Yes, and I'll clarify my second to support what Commissioner Henning said. Our goal is not to direct the school board. The school board is an independent entity and that is not what we're doing by way of this proclamation. What we are doing is we are directing our state representatives and our federal representatives to do what is in the best interest of the educational system in this community and in the state. And I think it is absolutely appropriate to wait to hear what the school board's position is and then to modify this resolution when it comes back to the Board to show support if the school board's position is something that we feel we can support, and in addition, direct the state and federal representatives to advocate for what is best for the community. And I think we're going to need the County Attorney's input on that to draft this document to make sure all those points are encompassed. So if I could ask that we call the vote. MR. OCHS: Mr. Chairman? Excuse me, sir. Page 98 January 13, 2015 CHAIRMAN NANCE: Yes. MR. OCHS: Just as a matter of record or protocol, many times when you have several speakers registered all in support of one item, just to make sure everybody was represented, you usually have Troy or most times you have Troy call on them, they simply say I waive and then we have a record. CHAIRMAN NANCE: What we'll do is we'll take a vote here, Mr. Ochs, and then if everybody is happy with the outcome, we'll call the roll of the speakers. Is that appropriate, Mr. Flaugh? MR. FLAUGH: That's fine, thank you. CHAIRMAN NANCE: Hearing no other comments, all those in favor of bringing it back, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: Okay, it passes unanimously. COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: Oh, I'm sorry, Commissioner Taylor in dissent. COMMISSIONER HILLER: And can I say one thing before you continue to the public speakers? I want -- since Mr. Flaugh is up there, we as a board cannot actually take action to adopt the resolution today because it was not on the agenda. So you understand that the deferral is procedurally and legally necessary so that the community has the opportunity of notice and the ability to speak. MR. FLAUGH: We clearly understand that. COMMISSIONER HILLER: Okay. I just wanted to make -- CHAIRMAN NANCE: And with communication from the Page 99 January 13, 2015 School Board to the County Manager, I guess we'll direct the County Manager to gather information on that action and then we'll put together an agenda item. Do you have any comment, Mr. Klatzkow, on how we should proceed on this? MR. KLATZKOW: No, I understand. MR. FLAUGH: Can I make one comment, please? CHAIRMAN NANCE: Yes. MR. FLAUGH: This legislative cycle is very compressed. Bills have to be filed in one of the houses by the 23rd of January and it has to be in bill writing in the other house by the 23rd or bills don't get heard. So the reason we're here today, and it would have been better for us to be at the school board first, but we don't control your calendars, and so when you both came up on the same day we said it is what it is. But the schedule is very tight. So the sooner that you guys can -- you Commissioners can weigh in on your support of this at the state level, the more impact you're going to have as a voice for us, your citizens. CHAIRMAN NANCE: We will act as promptly as we can, sir, pending communique from the school board on their determinations. Thank you very much. Now, can we go ahead and call the public speakers and so note their testimony before us today. MR. MILLER: Yes, please indicate in the affirmative your willingness to waive your time today. Keith Flaugh? MR. FLAUGH: Yes. MR. MILLER: Yvonne Isecke? MS. ISECKE: Yes. MR. MILLER: Deirdre Clemons? MS. CLEMONS: Yes. Page 100 January 13, 2015 MR. MILLER: Joann Grey? MS. GREY: Yes. MR. MILLER: David Boldue? MR. BOLDUE: Yes. MR. MILLER: Joe Doyle? MR. DOYLE: Yes. MR. MILLER: Sandy Doyle? MS. DOYLE: Yes. MR. MILLER: Jared Grifoni? MR. GRIFONI: Yes. MR. MILLER: Elsa Martinez? MS. MARTINEZ: Yes. MR. MILLER: And Jesse Purdon from Representative Clawson's office. MR. PURDON: I would like to speak. MR. MILLER: He would like to speak. CHAIRMAN NANCE: Mr. Purdon, please, sir. COMMISSIONER HENNING: Good job, Peter. You did a great job convincing everybody. MR. PURDON: I won't touch on the contentious need for the jurisdictional portion that you were just discussing. I just -- we have a small statement and I'd like to say Commissioners, citizens and parents, for the record, I'm here representing Congressman Curt Clawson's Office. We thought it was an important statement to come and voice our continued opposition to Common Core and the ideals of high-stakes testing and top-down federal approach to education. Thank you. CHAIRMAN NANCE: Would you please repeat your name, sir, for the court reporter, just so she knows. MR. PURDON: Jesse Purdon. P-U-R-D-O-N. CHAIRMAN NANCE: Ladies and gentlemen, thank you. Page 101 January 13, 2015 Any further comments? MR. MILLER: That was all the public comment for today, sir. CHAIRMAN NANCE: Thank you very much. Mr. County Manager, we're back on the regular agenda. Item #11C USE OF THE PREVIOUS AWARDED INVITATION TO BID NO. 14-6278RR, "AQUATIC MAINTENANCE SUPPORT SERVICES" WITH TRI-CITY POOLS, INC. FOR BUDGET-APPROVED CAPITAL AND OPERATING EXPENSES - MOTION TO CONTINUE ITEM TO THE NEXT BOARD MEETING — APPROVED MR. OCHS: That takes us, Mr. Chairman, to Item 11 .C, which was previously Item 16.D.17. It's a recommendation to approve the use of the previously awarded Invitation to Bid Number 14-6278RR Aquatic Maintenance Support Services with Tri-City Pools, Incorporated for a budget approved capital and operating expenses. And this item was brought forward by Commissioner Henning. COMMISSIONER HENNING: I don't remember signing a contract for this bid. Did you send a contract over? MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director. No, sir, we did not. This is a purchase order based solicitation. So for each scope of work, we would issue a separate purchase order. COMMISSIONER HENNING: Okay. The original bid estimate for performance, maintenance support and repair to the pools within Collier County and the future pool of Eagle Lake was estimated -- annual estimate, anticipated spending of$80,000. The prices of the bid was much lower than that on both of them. That's a correct statement? Now we're far exceeding -- asking to far exceed what the Page 102 January 13, 2015 estimated was and what the actual bid was of I think it was 27,000 from the person, the company that got the bid and 37,000 from the company who did not get the bid. MR. WILLIAMS: Commissioner, let me give it a shot. Barry Williams, Parks and Recreation Director. When this solicitation went out, we looked at our historical spend, what we've been spending the last couple of years. And this is for three pools. We're looking at Sun 'N Fun Lagoon, Golden Gate Community Park and Immokalee Sports Complex, those three pools. We have had some backlog maintenance issues that we've been dealing with at all three of those locations. But historically we've spent about $60,000. So when we sent this solicitation out we thought that we would be in the $80,000 range. What I requested in terms of budgeting for this year was a contingency for pools. And all I can tell you is that when pools break, they break quick and we've got to fix them quick. Because when pools break and they're out of service, it's a disservice to the public. Especially Sun 'N Fun Lagoon. That pool has a lot of complicated items that -- you know, again, the pool is nine years old and we're starting to see some wear. So with that said, we're looking to increase this from this $80,000 spin. We actually had a repair that we were looking at that we've been able to fix and not spend the additional money, but we're wanting to expand so that if something does happen in the next -- before our next budget cycle that we'll have the funds to do it. COMMISSIONER HENNING: Did the vendors have an opportunity to visit the sites and look at the facilities and find out what is in anticipated repairs and maintenance? MS. MARKIEWICZ: They could have, sir. We did not have a pre-bid meeting for this particular solicitation. COMMISSIONER HENNING: They could have. Page 103 January 13, 2015 MS. MARKIEWICZ: They could have. COMMISSIONER HENNING: Leo, would you blow that up a little bit? I think maybe -- maybe you could explain -- sorry, I've got it on my tablet -- the bit tabulation to me. Because going from -- I'm sorry, going from 27,000 to what is it you're asking over 180, 150,000? MR. WILLIAMS: Yes, sir. 180,000. COMMISSIONER HENNING: 180,000 from 27,000, or 24,000. I mean, that's a large sum of money. Looking -- look at the -- what I have highlighted here on the viewer. It appears to me that Vista Pool is going to charge $75 an hour and Tri-City Pool, who was awarded the bid $109 per hour; is that correct? MS. MARKIEWICZ: That's correct. COMMISSIONER HENNING: Okay. And then the manufactured suggested parts, the markup, is that correct on the next one, is seven percent from Vista Pool, and Tri-City Pool, who was awarded the bid, 20 percent. MS. MARKIEWICZ: No, sir, that's a discount off of the manufacturer's suggested retail price. It's a discount. COMMISSIONER HENNING: Okay, so that's a discount. MS. MARKIEWICZ: Yes. COMMISSIONER HENNING: And do you feel that the bid tabulation was correct now considering spending $180,000 versus $27,000? MS. MARKIEWICZ: Sir, this was a solicitation that was bid with three parts, three components in mind. One component was section A, was the inspections and any maintenance associated with those inspections, and that was for the 27,900. And then section B was for the inspections and the preventive maintenance for the aquatic facilities. We indicated in the instructions that that became the basis of the Page 104 January 13, 2015 bid, and then we left room -- if there were any additional repairs that needed to be made; we didn't know at that time if that would occur -- we allowed for an hourly rate and also the discount off of MSRP. That doesn't preclude us from competitively soliciting any large item that we may incur, assuming we have the time to do that. Assuming it's not an emergency. So we wanted to make sure we had hourly rates as a part of this contract as well. COMMISSIONER HENNING: Okay, the hourly rate of $109, is that going to be spent on the now $160,000 more? MS. MARKIEWICZ: We could take a look at that. What we've asked in all of our documents is if there was a large repair -- if there was any repair that was needed beyond the normal inspection and maintenance program, we would ask the vendor for in essence a quote so that we could do our own analysis at that time. COMMISSIONER HENNING: You know, I'm not feeling warm and fuzzy about this one. I mean, you know, if there -- if we're awarding $180,000, $160,000 above, above, we should have a quote on that. We should know how much it is -- obviously we're going to spend more. Is the taxpayers getting their bang for the buck? MS. MARKIEWICZ: We would do that with every repair that we would have. Correct? COMMISSIONER HENNING: Unless it's an emergency. MS. MARKIEWICZ: Right, right. We would still get a quote with an emergency, Commissioner. We would want to do our own analysis. COMMISSIONER HENNING: We're giving this to Tri-City Pools, this bid. We're giving Tri-City Pools this bid. MS. MARKIEWICZ: This was already approved by the Board. COMMISSIONER HENNING: I know it was. I know it was. But things have changed totally. Like 2,000 percent it has changed, okay? And I need more information. I need to know what this vendor is going Page 105 January 13, 2015 to charge us. You need to compare it with the original bid tabulation and find out if we're getting our bang for the buck. MR. WILLIAMS: Commissioner, I don't know if this helps, but I did want to put something on the visualizer for your consideration. And it's an eye chart so my apologies, but when we look at our projects for the pools, what we do is, you know, we plan in the summer, in the fall. And part of what we've done is we've created these projects. These are the types of projects that we're working towards with this current contracts. When we add these prices up, we're a little over the 80 grand. It's about $93,000. And you can see the type of projects they are. We have a thruster repair at Sun 'N Fun; cleaning the slides, Golden Gate; deck lining at Sun 'N Fun; new diving boards in Immokalee; Vineyards motor replacement. These are the types of pool repairs that are common in the industry where -- you know, and so what we're asking to do is just expand our abilities. We're already at this 90 grand. We anticipated we've historically spent 80 or 90, so we're just looking to expand it a bit. Your comment's well taken in terms of our bidding it out. It's like where we started and where we are now, it's a large difference. But I think part of that, again, is us catching up, you know, just trying to catch up with maintenance and repairs in our pools. MS. MARKIEWICZ: One other point I'd like to make for the Commissioners, we bid this particular service three separate times. We bid it in April of 2014; we received no bids at all. We bid it again in June, 2014, and we received one company who no bidded, offered us no bid at all, and two other companies that were nonresponsive. It happens to be both of these two companies. The third time we got what we would consider a good bid and we asked you for the award to this company. So our pool of bidders is very limited, very small. Page 106 January 13, 2015 COMMISSIONER HENNING: How many bids do you think you would get if you put it out at $180,000 instead of an estimated 80,000? Would you get less? MS. MARKIEWICZ: Commissioner, the first time we put this out we put it out for 35,000. The second and third time we put it out for 80,000 and we received two bids. COMMISSIONER HENNING: On the third bid. MS. MARKIEWICZ: Yes, sir. COMMISSIONER HENNING: Okay. You know, again, I need to know whether we're getting our bang for the buck. Because you're talking about a percentage discount. You're talking about a difference of 25 percent on labor rate. Why not award it to both of them and get the best bang for the buck per work order? Can we do that? CHAIRMAN NANCE: Commissioner Henning, would you like to continue this item? I would support that if you want to do that and let -- COMMISSIONER HENNING: No, I'm not sure. CHAIRMAN NANCE: -- the people go back and work on it. I agree with you. COMMISSIONER HENNING: Well, maybe we can answer that if we can get potentially both of them. MR. WILLIAMS: One thing I'll add, and this -- I appreciate your point of view. The one thing I'll add is that we are in the time that we need to do the pool repairs. It's like the dead of winter is the best time for us to do it to try to get them done for summer. I just mention that. I know -- but not at the expense of the taxpayer, I understand your point. COMMISSIONER HENNING: Joanne, can we do that? Can we award it to both? MS. MARKIEWICZ: Well, what I would do is re-compete or do a supplemental solicitation for the additional 80,000 or the additional 100,000 that we're bringing in. Page 107 January 13, 2015 COMMISSIONER HENNING: Why don't we do that. COMMISSIONER TAYLOR: What's your time frame to do that? MS. MARKIEWICZ: A bid like this typically would take us six to eight weeks before we got it back in front of the Board for an award. COMMISSIONER FIALA: Is there a way that we could just write it into it today, wanting to take both? COMMISSIONER HILLER: Why would it -- COMMISSIONER HENNING: Well, that's -- Joanne just answered the question. COMMISSIONER FIALA: I know that, but I'm asking it again. COMMISSIONER HENNING: Joanne, she's asking the question again. MS. MARKIEWICZ: The Board can waive their purchasing ordinance and raise the limit. MR. WILLIAMS: Commissioners, if that would help. I mean, if we could get the limit raised to 100,000, let us get these repairs underway and then re-compete the remainder, that would be helpful for us to get the job done. COMMISSIONER HENNING: Well, the bid is up to $27,000; is that correct? MS. MARKIEWICZ: We actually asked the Board to approve $80,000, because we expected some maintenance to occur as a result. So the 27,000 was for the two scopes of work for the inspection and general maintenance of the systems. COMMISSIONER HENNING: Okay. You mean last September? Because I want to -- MS. MARKIEWICZ: Yes. COMMISSIONER HENNING: -- take a look at what the actual recommendations were. COMMISSIONER TAYLOR: I don't think staff is being -- exaggerating. This is the time to repair. And if something goes, Page 108 January 13, 2015 sometimes because it's water and it's pool, and Commissioner Henning, you probably know this better than anyone, mechanical things start to fail in water. COMMISSIONER HENNING: Yeah, I don't do pools. The recommendation is -- COMMISSIONER TAYLOR: You don't do pools, we understand it. COMMISSIONER HENNING: -- the Board of Commissioners award invitation to bid, the number aquatic maintenance services to Vista Pools for their prevention as well as on-call maintenance and repair of the county-owned public facilities. It doesn't have an amount. It has the amount -- okay, in the executive summary recommendation award the invitation to bid number. Support services, Tri-City Pool for providing preventive maintenance, on-call estimates and repair for county-owned and operated aquatic facilities. Estimated annual impact is approximately 80 -- well, approximately 80 is not -- is that 90? Is that 70? MR. OCHS: Let me take a stab at this. Commissioners, the way this bid went out, it's for inspection services, repair services and if needed replacement of parts that fail before we know if they're going to fail. So this is a larger policy question where we get into you have through your budget process authorized a budget for expenditures in this category of repairs and replacement. And then we're asked every time we come forward with an award to give you an estimate of what we believe, based on history or some other analyses, our expected annual expenditure. If you -- again, it's just an estimate, because we don't know going forward through the balance of the year what may or may not break, okay. We know how many inspections are going to be done and we know the routine maintenance that we've specified, but this is not a contract that says we want to bid to replace three pumps at Page 109 January 13, 2015 the Golden Gate Pool. So it's a unit price contract for services and repair and capital replacement when it breaks. So we tried to give you our best guess based on history, but as Barry said we have a budget authorization through your budget process that allows us to spend more than that in that category. So this doesn't require additional budget approval or movement of reserve funds into the operating or capital appropriation. This is something we struggle with all the time, sir. If our estimate is too high when we go on the street and then we come in spending quite a bit less you get the other argument from the vendors, they say well, we price these things expecting a certain volume of work and it didn't materialize. So there's pros and cons of this idea of trying to estimate an annual amount. We've tried to do that in the best manner that we can to give the Board a realistic idea of what we might spend under a given contract. But it doesn't match dollar-for-dollar what you have authorized in the budget. And we're not asking you to exceed that. CHAIRMAN NANCE: Commissioner Henning, please continue. COMMISSIONER HENNING: Yeah, to answer your question is yeah, I want to know the value. And I don't know how you can -- how you can pay on the upper limits when you don't have a dollar value. MR. OCHS: We have pricing for the inspections, we have unit pricing for the labor, and we have discounts off of manufactured suggested retail pricing for the equipment. So we do have pricing, sir. COMMISSIONER HENNING: No, the value of the contract -- or value of the bid. That's what I was saying. And again, I don't know if the taxpayers are getting their bang for their buck when it goes from approximately $80,000 to $180,000. And that's true, Steve. I don't know, you don't know. MR. CARNELL: Yes, sir. Steve Carnell, Public Services Administrator. Page 110 January 13, 2015 What I was responding to, sir, was -- and this is very important. COMMISSIONER HENNING: No, you wasn't responding, you were in the background making -- MR. CARNELL: What I was reacting to was we are not committing to spend $180,000. That's his budget, worst case scenario, for the three pools. The known work is less than half of that at the moment. And that's the problem. What Leo's trying to explain to you is we have $27,000 in fixed planned maintenance. That's the known portion of the work. We know we need that. The rest of it is procured based, as Leo described, on the hourly rate for jobs when things break down and we need to bring contractors in. And we have competed that. We've competed the hourly rates, we've competed the discount off against the parks. We've done it all. And what we're saying is if we put this back out, we're not going to promise people $100,000 worth of work, we're not going to promise them $180,000 of work. Half of it's already done. There's only 100 left that we're talking about here to spend. It's actually -- we're right now at 79 in expenditures. We were attempting to go to 90 when we hit the $80,000 limit. That's why we brought the item, we have an $11,000 project pending. That's on Barry's list. COMMISSIONER HENNING: Has anybody done an analysis on what was spent, on what was saved against the other bidder or what was extra spent? MR. CARNELL: Do we have, Joanne, an award formula on how we evaluate the hourly rates? MS. MARKIEWICZ: Not the hourly rates. MR. CARNELL: So we selected based strictly on the maintenance? MS. MARKIEWICZ: We selected based on the maintenance, because that's the kind of work we knew we were going to have. Page 111 January 13, 2015 COMMISSIONER HENNING: We spent $79,000 already on this bid; is that correct? MS. MARKIEWICZ: No, sir. We've encumbered $79,000. To date we've received $23,500 worth of work. COMMISSIONER HENNING: Crystal, do you have any outstanding invoices to be paid on this above the $27,000? MS. KINZEL: Commissioner, I think we do at this point. The total I think was 35. But Joanne probably -- did you update it more recently from this morning? I mean, that was the number that staff had this morning was about 35. And that may have included some paid and some pending total today. CHAIRMAN NANCE: So for clarification, Mr. Williams, what you're telling me is, is you have program maintenance, which is known, and the rest of it basically is a time and materials pending what fails during the course of the year to which you have tried to make an estimate but for which there are no certainties. MR. WILLIAMS: You never know, you know. And as the pools age, you know, things break. This 90 grand that we've got spent, this is what we planned and used our planning period in the fall to do the work now. CHAIRMAN NANCE: So what we did was we selected between the two bidders based on the time and materials quotes that they gave us and we used a selection criteria to select between those two, is that what we did? MR. WILLIAMS: Let me ask Joanne to answer that question. MS. MARKIEWICZ: The selection was based on the preventive maintenance work we knew we had to do. CHAIRMAN NANCE: The 27,000. MS. MARKIEWICZ: The 27,000, the inspection, the testing and the general maintenance for each of the pools. CHAIRMAN NANCE: And they quote you time and materials Page 112 January 13, 2015 over and above that? MS. MARKIEWICZ: Yes, sir. CHAIRMAN NANCE: And you made the selection based on those quotes of time and materials rates? MS. MARKIEWICZ: We made the selection based on the cost of the preventive maintenance and inspection, the $27,000, sir. COMMISSIONER HENNING: You see, Commissioner, my issue is, and I think that it's a very simple fix, is evaluate what was already done as of today, what was billed, you know. In other words, if you have a bill for labor for $150, you know that that's two hours worth of work. However, if you have $50 in parts under that same invoice, are you really saving? You know what I mean? And that analysis needs to be done. So I would feel comfortable if we had -- MR. OCHS: I understand what you're asking for now, sir. COMMISSIONER HENNING: Yeah, if we had some kind of a -- MR. OCHS: We're happy to do that and bring it back. COMMISSIONER HENNING: Okay, great. Motion to continue. CHAIRMAN NANCE: Second. Any comment on the motion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, we're going to continue that item. Mr. Ochs, you're going to bring that back? Page 113 January 13, 2015 MR. OCHS: Next meeting, sir. CHAIRMAN NANCE: Thank you. Item #11D AWARD CONTRACT NUMBER 14-6338 EAGLE LAKES COMMUNITY PARK POOL DESIGN SERVICES TO VICTOR J. LATAVISH ARCHITECT, P.A., FOR PROFESSIONAL ARCHITECTURAL SERVICES, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT - APPROVED; COUNTY MANAGER TO UPDATE THE 2012 IMPACT FEE ANALYSIS AND BRING IT BACK TO THE APRIL 2015 WORKSHOP; MOTION TO MOVE THE TIME FRAME ALONG ACCELERATE THE DESIGN PHASE OF THIS PROJECT AS MUCH AS POSSIBLE — APPROVED MR. OCHS: That takes us to Item 11 .D. CHAIRMAN NANCE: Okay, that was pulled at my request. This item is the design and engineering for the pool at Eagle Lakes. I will start the discussion by saying that I am in full support of constructing the pool at the Eagle Lakes Community Center, which is the Donna Fiala Community Center I guess at this point. I do have a couple concerns about it, and one further request for information and that is I note the ambitious nature of this project. And I just -- I wanted to bring it forward because of its ambitious nature. And that is that we have design, engineering and supervisory costs here of approaching $600,000. And that is in seven phases over a period of time that's not fully known but expected to be over 1,200 days, which is over three years. And what I want to know is I want some certainty that the concept and design parameters and the cost estimates are going to be Page 114 January 13, 2015 done in a way that allows fundraising to occur for this in a timely manner so that we can determine how it is we're going to raise the funds and, you know, try to figure out how much the pool is actually going to cost us. And because the pool -- I don't have one idea in the world what the pool is going to cost to construct. I suppose it's five, six or $7 million. And also the commitment that goes along with that, which is in excess of$700,000 annually for operation and maintenance of that pool. So what I would like to do is I would like to make a motion to approve but to make sure that, you know, as this is going forward that this comes back to the Board so that the Board knows at what phase we are and when it is we're expected to make a commitment. So like I say, I'd like to move approval and then after that I'd like to also make some comments. Who's first, Commissioner Hiller? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Commissioner Henning. CHAIRMAN NANCE: Commissioner Henning. COMMISSIONER HENNING: Yeah, I'll second your original motion that you stated about coming back to the Board. You know, when I looked at this I thought a design person to -- or an architectural person to design a pool? CHAIRMAN NANCE: That's a tremendous amount of work actually that's embedded in this agenda item, which is why I wanted to bring it out. COMMISSIONER HENNING: Yeah, yeah. So when I first saw that. But I didn't want to offend Commissioner Fiala pulling it. But that's the most prudent and fiscally responsible thing to do is to support your motion. CHAIRMAN NANCE: And Barry, is that phasing going to be acceptable to this -- you know, to this contract that we phase through it? I mean, people are aware that this is going to be an extended Page 115 January 13, 2015 venture to get this accomplished? MR. WILLIAMS: Commissioner, do you want to speak to that? COMMISSIONER FIALA: I don't want to see it extended at all. I wanted to see it moving along. If you give it a tighter time frame -- COMMISSIONER TAYLOR: They can't hear you. COMMISSIONER FIALA: Oh, I'm sorry. I moved that. Excuse me. I don't want to see it extended. I want to get that pool moving along. And the longer you put off making any decisions, the more reason they don't have to do any fundraising, because why bother to do it. Let me tell you about the fundraising. Most of our pools -- all of our pools have been built out of impact fee dollars. Well, apparently this one cannot be. And I won't say any more than that. But -- so if I want a pool for these kids, I've got to try and find the money for it. So -- but then I guess you'll have to for your pool too. So I mean, what's good for the goose is good for the gander. Anyway, so what we're doing is we've got somebody who will -- a developer who will get contractors who will actually help us with this doing some of the work, and then we've got community foundation who will try and get funds from local people to donate to it and we hope to get that all done. If they feel that they need 1,200 days, they're going to do it in the last couple hundred. If you tighten that -- just like the community center right now. We gave them a long time to build it and they've taken every minute of that time. They started it last year January, and it's still not finished. But that would be -- and they're still within their time frame. CHAIRMAN NANCE: Commissioner -- COMMISSIONER FIALA: Shorten that a little bit. So that's exactly what you're asking. CHAIRMAN NANCE: Absolutely acknowledged. But, you Page 116 January 13, 2015 know, if you look at these phased descriptions, you'll see that when you get down to number four it's building and permit services. Well, certainly you're not going to ask for permits before you know that you've got the money to go ahead and construct it. So that's what I'm concerned about. I'm concerned that we phase it through their properly and that this contract for almost $600,000, everybody is aware that we're going to move through this as fast as we can but it's not going to cause some glitch in, you know, paying $600,000 for services that we haven't received. MR. WILLIAMS: Absolutely. Commissioner, if I could answer your question. Let me just say I think your question is can we phase it. And we'd have to do this in lockstep with the fundraising that Commissioner Fiala suggested. And we are very positive about that and the potential of that. You know, the construction of this or the design of this, if you'd like us to bring back reports to you where we are with both this and our ability to fund, you know, certainly that's something that we can offer. There are some operating costs that we'll be bringing back to you as part of the budget cycling as well. So, you know, how we pay for the operation and the construction are those questions that we still need to answer. CHAIRMAN NANCE: I'm sure Commissioner Fiala will be absolutely on top of it. Commissioner Hiller? COMMISSIONER HILLER: Thank you very much. To your point of identifying carrying costs whenever we have a capital project, we directed staff, going several years back, that any time a capital project was brought forward that the full cost of the project, including the carrying component of that capital investment, would be disclosed to the Board and really should be made a part of the backup material in every instance. Page 117 January 13, 2015 And I think that it's extremely important that whenever we embark on projects like this, not just this one but all capital projects, that we understand what that annual burden will be. Secondly, with respect to -- oh, you've got it there? MR. OCHS: It's in the executive summary, I believe, ma'am. COMMISSIONER HILLER: Yeah, thank you. I didn't look at it. COMMISSIONER FIALA: First page. COMMISSIONER HILLER: Yeah, thank you. I didn't look at it in that context. Okay, yeah, very good. So my second question is -- thank you for pointing that out, my oversight, I apologize. And so to your point, Commissioner Nance, you're absolutely right, we do have to look at that. My concern is why can't we pay this out of impact fees? What is the reason for that? I don't understand why this pool is being singled out. MR. OCHS: Ma'am, you absolutely can pay for it from impact fees. COMMISSIONER HILLER: Okay. MR. OCHS: This is simply a matter of available impact fee dollars and how you want to allocate -- COMMISSIONER HILLER: And do we have the impact fee dollars available to do this pool? COMMISSIONER FIALA: Yes. MR. WILLIAMS: You have impact fees that are paying for this design, actually. COMMISSIONER HILLER: So the impact fees are actually paying for the 600,000? MR. WILLIAMS: Yes, ma'am. COMMISSIONER HILLER: And do we have the funding? Well, how much is the -- can we go back to that schedule? That's what's the total capital cost for this project? Page 118 January 13, 2015 CHAIRMAN NANCE: We don't know. MR. OCHS: These are operating expense -- CHAIRMAN NANCE: This is operating. MR. WILLIAMS: We've got couple of things. We've got the operating expenses, we have the design contract, the breakdown of that. The Board approved a million dollars for us to -- for this project in this current fiscal year, so we're taking a portion of that money to actually start the process with the design. COMMISSIONER HILLER: Well, but a 600,000 architectural fee would mean a pool -- assuming let's say these architectural and construction review and permitting fees is approximately 15 percent of the total cost. Is that a fair estimate? Would that be reasonable? MR. WILLIAMS: We don't have a firm estimate on the pool expense. I think -- COMMISSIONER HILLER: No, but, I mean, if you're going to spend 600,000 on architectural fees, what percentage of that total -- CHAIRMAN NANCE: It's not just architectural. COMMISSIONER HILLER: I know, but of these type of professional fees, what do you project that as a percentage of? I mean, it has to be a reasonable -- I mean, you have to have some general idea. MR. CARNELL: If I could, Commissioner Hiller -- Steve Carvell, Public Services Administrator. In talking to our facilities staff, Ms. Bishop can explain a little more detail, if you want to go further on this. The simple answer is we've had numbers anywhere from four to $8 million in our very pre, pre, pre preliminary look. COMMISSIONER HILLER: And that was -- my preliminary first estimate based on 600,000, I came up with four million. MR. CARNELL: Yeah. And so if you -- following your logic then, 600,000 would be about 15 percent of a $4 million design. COMMISSIONER HILLER: Correct. Page 119 January 13, 2015 So -- and if you've already got preliminary estimates in that four to $8 million range, and that's like a very wide range, what could be funded by impact fees? What available funding do you have to put towards this project so that when Commissioner Fiala goes out to fundraise, I mean, if we have impact fee availability, if not in full, if to at least some degree, what can we put towards that pool so that they have a realistic goal? I mean, it's very different -- for her to go out and say I need to raise four million verses if we can get a million or two million out of impact fees and she goes out and raises two million, then we could conceivably get this project done very quickly. MR. CARNELL: Yeah. COMMISSIONER HILLER: So where are we on that? MR. CARNELL: That's a great question. At the moment you have a million dollars budgeted for this project in the current year budget. And we're going to -- obviously 600,000 of that would go to design. In our conversations with Commissioner Fiala and the Community Foundation, we've contemplated the idea of the county paying for the design and then the Community Foundation attempting to raise funds for the construction cost in full. Now, part of the product of the design is that we're going to get a better handle on our estimated construction costs by actually coming up with a 30 and 60 percent design product. And our agreement right now with the Community Foundation is if we can get the designer started now, we believe that by March we'll have a better number in terms of what the construction may look like, a number that the Community Foundation can take and run with in terms of their approach to the community. And the second piece of this is that we have the Big Corkscrew Island Regional Park which we also have in our sights for construction and development. Page 120 January 13, 2015 And probably the question you're asking is how much of impact fees money is being allocated, and I'm going to say it's in that two to $3 million range right now, in Fund 346, which is the fund we're talking about. COMMISSIONER HILLER: That's the total amount we have in that fund right now? MR. CARNELL: No, that's the annual amount coming in. I'm doing this from memory, and I probably need to give you a more precise answer in terms of what the projection is. CHAIRMAN NANCE: I've got a follow-up motion that will bring that forward. Let's see if we have any further comments -- COMMISSIONER HILLER: I haven't gotten an answer yet to my question. MR. CARNELL: What I was going to say to you was our plan was when we discussed Big Corkscrew in February we were going to take the Board through a little broader picture of Fund 346 and where we were with these two projects in terms of their future funding. And we're kind of on parallel track right now. We're trying to get the Community Foundation to the point where they can start the private fundraising with some type of worst case high-end number that if they had to fund the entire construction amount, and then we'll work with the Board through now and the budget cycle to determine whether the Board would be able to use impact fees for the construction. It's really a matter of do you have enough impact fee money. COMMISSIONER HILLER: Well, I think we need to look at what we have as impact fees, what we're looking at as projected impact fees, because impact fees are going up again in light of development that's increasing. And in light of priority and how long it's going to take to develop the Regional Park, matching the flow of funds to that, versus the need for the East Naples community to have a facility which it's been deprived of forever because of the downturn in the economy. Page 121 January 13, 2015 And I'm just not sure it's going to adversely -- so adversely affect the advancement of the Regional Park to fund this pool with impact fee dollars in light of the new economic environment and the new projections. COMMISSIONER FIALA: You know, you don't know how much I appreciate you saying that. And you're absolutely right, you're so on target. I was told at the time that they didn't have any funds to help with the pool, and that, you know, if I wanted a pool I'd have to find the money for it, in essence. And so then I was searching around to see who could do this for us and so forth, and finally Community Foundation said: We can't find any donors if the county isn't throwing in any money. And I said, don't we have impact fees or something? Well, yes, but they're dedicated to the Big Corkscrew Park. And I said, but wouldn't you want to finish this one first? I said, how much do you have? And at that time, that was last year, they had $7 million in the fund. And I said, so we have to go and find the money for the pool because you have promised it to another park. Couldn't you start out with the beginning of that park, whether -- you know, get your ball fields going, get the land in place, get your design done and build this pool. Well, apparently they felt that they couldn't do that, they didn't want to upset anybody by that. But I was upset. But there's the difference. COMMISSIONER HILLER: You know, the economic climate has changed and I think we have to look at prioritization and matching in a different light today than we did a year ago or even three years ago. Because I remember when we had this discussion when Commissioner Coletta was on the Board and this was an open issue back then and we were in the middle of-- or at the start of the Page 122 January 13, 2015 downturn. So I do think that we need to bring the funding back, and I don't think we can rule out the impact fee allocation to this pool, and with a more realistic assessment of what the cost is make a determination of what would be fair to accelerate this from, you know, zero to hopefully 60. COMMISSIONER TAYLOR: Is that a motion? CHAIRMAN NANCE: I want to act on this motion and then we can continue this discussion on impact fees, because I do have some things to say. So right now we've got a motion to approve the $588,640 as is in Item 16.D.5 which became Item 11 .D. There's a motion and a second. Is there any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, that passes 5-0. COMMISSIONER FIALA: Let me add one thing on this, though CHAIRMAN NANCE: Yes. COMMISSIONER FIALA: -- on this particular motion. I'm hoping that you've given Victor Latavish twice the amount of time he needs in order to do that, and yet it's going to copy the Golden Gate pool exactly, so it isn't going to be very much. You know, you could Page 123 January 13, 2015 just draw it out from the other pool. CHAIRMAN NANCE: Well, if we're doing that, why are we paying him $109,000 to do it? COMMISSIONER FIALA: Good question. So I'm wondering why -- well, they have to design it in a different location and everything. CHAIRMAN NANCE: All right. COMMISSIONER HILLER: But 60,000? COMMISSIONER FIALA: I'm wondering, as long as that's the case, couldn't we shorten it to half the time, being that -- CHAIRMAN NANCE: Well, remember, ma'am, the phasing is on Page 1285, okay. And the phasing is for all these different elements. You've got -- I'm sorry, it's on Page 1332. 1332 shows everything -- COMMISSIONER FIALA: No, I'm just talking about quickening it up a little bit. CHAIRMAN NANCE: Well, it shows what the time frame is, ma'am, pretty -- COMMISSIONER FIALA: But they're giving it a very lenient time. CHAIRMAN NANCE: You have to look at it. It includes inspection, engineering, permitting. It's all of those. And that's where you get that number that I think you're disappointed in. COMMISSIONER FIALA: Well, yes, because then if we give him double the time -- and I had somebody else look at this to confirm that -- if we have double the time, yeah, it will take all that time. Because I don't blame them for doing that. And then the thing is then if we want somebody to dig the pool for us, we're going to be in the height of season and we're not going to be able to get anything anyway. And they've given him three years to build this pool, and I want to see it move along a little bit -- COMMISSIONER HILLER: And I'm going to make a second Page 124 January 13, 2015 motion that -- CHAIRMAN NANCE: Excuse me, ma'am, excuse me, ma'am. We're going to move on to my follow-up request for information. Mr. Ochs, this is the information I would like. Parks and Recreation at some time in 2012 did an analysis of impact fees that were collected by district. Also included were the costs that were spent by district from 1997 through 2011 . I would like you to update that through 2014. MR. OCHS: Yes, sir. CHAIRMAN NANCE: And bring that back to us. And I would suggest to you that I would like to schedule a workshop on parks and impact fees and budgeting for parks for the March -- is that too soon? MR. OCHS: You have a date for a workshop -- I'm sorry, you have a subject already for March, but we can -- CHAIRMAN NANCE: For parks? MR. OCHS: No, you have -- CHAIRMAN NANCE: Let's go to April. Can we do it in April? MR. OCHS: Yes. CHAIRMAN NANCE: Okay. And the reason why I'm saying this is this, and I don't want to start a big fight on the dais here, but in the analysis from 1997 through the year 2011, in my district $23 million in impact fees were collected. The amount that was spent in my district was $2 million, less than 10 percent of what was collected. And all that money went elsewhere. And what we have done in the last 17 years is we've continued to kick this Regional Park down the road, down the road, down the road. There's always an excuse to spend the impact fee somewhere else. And it's time to take a look at equity here and before we go into the next budgetary cycle to make a fair appraisal of what impact fees we're going to have available now and down the road and how we're Page 125 January 13, 2015 going to address the Big Corkscrew Island Regional Park. COMMISSIONER FIALA: And I agree with you, because that's something I've worked with. CHAIRMAN NANCE: And I know. And Commissioner Fiala, look, I've supported your community park and your community center and I do support the pool, because I think pools are very, very important. However, you know, I look into these people's eyes in my district every day and they know they're getting kicked to the back of the bus and it's absolutely ridiculous. It's been blatantly unfair. The analysis is absolutely atrocious. COMMISSIONER FIALA: Let's figure this out, but just a second CHAIRMAN NANCE: Let's take a look at it at this workshop. Let's let staff bring the numbers forward, let's evaluate it and let's figure out from a budgetary standpoint how we're going to go forward on these parks. That's the only fair thing to do. And I just ask for the information, sir, on that date in April. COMMISSIONER FIALA: Let me throw this in, though. How about simultaneous? Because I've been a great proponent of starting your park, too. I worked a lot with Annette -- CHAIRMAN NANCE: Let's see how much money we've got. Let's see how much money we've got. COMMISSIONER FIALA: If we have so much, why can't we start your park and finish my pool? CHAIRMAN NANCE: Ma'am, I think the problem is that we don't have so much, that we don't have any. COMMISSIONER FIALA: Well, we had $7 million. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: You know, deja vu again. That Regional Park in Golden Gate Estates is being robbed by -- Page 126 January 13, 2015 CHAIRMAN NANCE: Everybody. COMMISSIONER HENNING: Yeah. COMMISSIONER FIALA: Tell me how much you've spent in East Naples. CHAIRMAN NANCE: We'll bring all this information forward. COMMISSIONER HENNING: We can bring it all forward. COMMISSIONER FIALA: We're not robbing you up there. CHAIRMAN NANCE: Well, let me explain to you what the figures show from '97 'til 2011 . It showed in your district you collected $16 million, and you spent $16 million, in your district. COMMISSIONER FIALA: I wonder where we spent it. Oh, I guess -- CHAIRMAN NANCE: No, you collected 16 million, you spent 16 million. In my district we collected 23 million, we spent two. So where's the other 21 million? COMMISSIONER FIALA: Are we talking parks like -- CHAIRMAN NANCE: We're talking about regional -- we're talking about all kinds of parks. COMMISSIONER FIALA: -- and boating parks and so forth, not where kids play, right? CHAIRMAN NANCE: No, we've got regional parks and we've got community parks and there we're split. So this information that they're capable of putting together will be I think explanatory and answer a lot of these questions. COMMISSIONER FIALA: But in the end you and I are both saying the same thing, we want a park for our kids, we're talking about the kids and we want to get it done, and both of them right now, and let's do it. CHAIRMAN NANCE: Absolutely. COMMISSIONER FIALA: We can do that. CHAIRMAN NANCE: But we've just got to find money, ma'am, Page 127 January 13, 2015 that's the problem. COMMISSIONER FIALA: We'll work together here. CHAIRMAN NANCE: It's just a question of money. COMMISSIONER HILLER: May I, Commissioner Nance? My light is on. I mean, if I may? CHAIRMAN NANCE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Thank you so much. Leo, you know, the period of time that Commissioner Nance is describing is not a period of time that I or Commissioner Taylor or Commissioner Nance sat on the Board. The Board had a very different composition at that time. Can you just very quickly give us a history of, you know, this 23 million versus two million or three million that was spent in the area? What exactly happened? And if you can -- and then obviously going forward, the situation is different. And just a little bit of background. MR. OCHS: We'll be happy to bring the complete history of projects that were built and completed with these funds. I will say to you that none of your impact fees, save for your transportation impact fee, are required to be spent in the same geographic area in which they were collected. They've never been used that way. And if we're trying to get dollar-for-dollar equity on a geographic or district basis, that is a totally new element to -- CHAIRMAN NANCE: Mr. Ochs, I'm not looking for dollar-to-dollar equity, I'm just looking for some money to be spent in my district. MR. OCHS: I understand, sir. You know, if I had a magic wand I'd give all of you what you want tomorrow. CHAIRMAN NANCE: I'm not asking for that. I'm just asking for an honest assessment on where we've been, where we are and where we might go, that's all. COMMISSIONER FIALA: Your district includes Immokalee Page 128 January 13, 2015 too, right? COMMISSIONER HILLER: And can I continue, since I have the floor on this issue. I also want to point out that Mr. Ochs was not the manager of the county at that time and that the current staff was not the manager. If it's the Board's will to change how impact fees are allocated for parks, that is a decision that this Board should consider by a separate agenda item at a future meeting after the facts are presented to carry this issue forward. What we have before us today is the -- are the architectural costs for a pool that we have agreed to have built. And what I would like to do is I would like to make a motion with respect to this. While we have approved this, I would like to make a second motion that the time frame for these architectural services be cut in half, if possible, so that we can move this project forward. So if feasible, that we require these services to be provided in half the time as Commissioner Fiala would like to see, because it would really be great if she could have them done faster if she is able to get a matching from impact fee funds and is able to raise the funding as a result of a true public/private partnership that we get this done and get this in East Naples for their benefit. MR. OCHS: Yes, ma'am. I think I need to spend a minute with the Board on this. Barry, where is that list of services inside that design contract? You know, the design of the pool itself will happen relatively soon. Ma'am, where we get into protracted time frames is when we're talking about -- you know, part of the services are for permitting, bidding, construction management, those are all things obviously that follow an allocation of a budget or an expenditure by this Board after a contract award. COMMISSIONER HILLER: Right. MR. OCHS: So, you know, the design part we can accelerate, if Page 129 January 13, 2015 you then decide through your subsequent discussions on where you want to put your impact fees, absolutely. But -- COMMISSIONER HILLER: And I completely agree with that, which is why I suggested whatever we can accelerate, let's cut the time in half so that they have that information as quickly as possible to be able to go out and raise matching funds to the extent we can contribute impact fees. And very clearly the rest just follows construction, and then we'll set the construction time table, you know, after this design phase is completed. Is that acceptable? MR. OCHS: Yes, ma'am, more than happy. COMMISSIONER HILLER: Would you second that? COMMISSIONER FIALA: Yes, I'll second that. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Any further discussion? I mean, the motion is to do this as quickly as possible. I mean, I can support it. The design certainly needs to be done so we can go ahead and know how much money we have to deal with, so I can support that. Commissioner Henning, you wanted to say something? COMMISSIONER HENNING: Well, I wasn't finished from before. It has nothing to do with the motion. So you just recognize me after the motion and -- CHAIRMAN NANCE: All right. Motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. Page 130 January 13, 2015 CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: That's -- Commissioner Henning? COMMISSIONER HILLER: Motion carried unanimously, by the way. COMMISSIONER HENNING: Can I continue without being interrupted? CHAIRMAN NANCE: Yes, sir. COMMISSIONER HENNING: I think it's important to look at park capacity, the active park capacity per district. And staff I think has that information. So if we're going to do this in a workshop, I think that information would be valuable. My understanding from -- about fees is when you charge a fee, you have to show the benefit of that fee. Okay? So I understand there's no allocation on where it's collected and where it's spent; however, there has to be a benefit to that person paying that fee. That's my only comment. COMMISSIONER TAYLOR: That's a topic for another day, but that's good. CHAIRMAN NANCE: Topic coming up in April with information before that. All right, sir. Where are we, Mr. Ochs? Item #11E WAIVE COMPETITION AND AUTHORIZE THE PURCHASE OF CERTAIN FLEET PARTS, REPAIRS AND SERVICES FOR COUNTY VEHICLES AND EQUIPMENT FROM LOCAL FORD DEALERSHIPS ON AN EMERGENCY BASIS UNTIL CONTRACTS CAN BE PUT IN PLACE AND TO AUTHORIZE PURCHASES FROM THE SINGLE-SOURCE SUPPLIER Page 131 January 13, 2015 WALLACE INTERNATIONAL TRUCKS LOCATED IN FT. MYERS - APPROVED; MOTION FOR COUNTY MANAGER TO GATHER INFORMATION REGARDING THE OUTSOURCING OF FLEET MANAGEMENT AND BRING BACK AS A REGULAR AGENDA ITEM — FAILED; MOTION FOR THE COUNTY MANAGER TO GATHER INFORMATION REGARDING THE OUTSOURCING OF FLEET MANAGEMENT AND BRING FORWARD TO THE WORKSHOP IN FEBRUARY, TO BE PRESENTED AFTER THE LIBRARY WORKSHOP — APPROVED MR. OCHS: You're on Item 11 .E -- CHAIRMAN NANCE: 11 .E? MR. OCHS: -- Mr. Chairman. And that was moved at the request of Commissioner Henning. It's a recommendation to waive competition and authorize the purchase of certain fleet parts, repairs and services for county vehicles and equipment from local Ford dealerships on an emergency basis until contracts can be put in place and to authorize purchases from the single source supplier Wallace International Trucks, located in Fort Myers. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, are those contracts ready? Has it been solicited? Has there been a response? MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director. Commissioner, we solicited for the parts contract, and we've awarded a few vendors, but we need to make sure we have a Ford dealership to provide component parts for our big fleet. So in the interim we have executed a purchasing director waiver and we believe in the next probably two or three months we may exceed $50,000, so we're asking you for an additional waiver until we get that bid out and brought to the Board. Page 132 January 13, 2015 COMMISSIONER HENNING: Okay. On September 23rd, 2014 there was an executive summary on our agenda stating that staffs intent is to re-solicit the TIB for authorized OME (sic) manufacturing, that's your Ford, okay, correct? MS. MARKIEWICZ: Correct. COMMISSIONER HENNING: Now, you just stated on two items previously it takes six weeks to get a bid out. Why from September until now don't we have the bids? MS. MARKIEWICZ: We issued a parts bid in September, and that bid came -- COMMISSIONER HENNING: For OME, for original equipment. MS. MARKIEWICZ: It was for both OEMs and also general parts. And that bid came in, I believe it was early November. We made a preliminary -- well, we made an award at the Board in December. And unfortunately we needed to deem four nonresponsive because they didn't address the bid the way we had asked them to. Different way to say that, sir, is we had a number of grant requirements that we added to that solicitation and four did not honor those grant requirements. COMMISSIONER HENNING: Are you allowing them to rebid it? MS. MARKIEWICZ: We're re-competing that, sir. And we intended to have that out this week. COMMISSIONER HENNING: Okay. MR. OCHS: Commissioner, part of what happened, just so the Board knows, is a couple years ago, or maybe last year when we had a grantor compliance audit on our mass transit public transit system, they made a finding that if we were going to use the federal grant dollars to procure equipment and parts to support that equipment, that that procurement needs to comply with all the federal grant requirements. Page 133 January 13, 2015 The big change from what we traditionally asked for, sir, in our pricing was we wanted -- we usually solicited a cost plus basis for these parts. The federal contract for the CAT equipment was requiring a different way for the vendor to price the item, and they were reluctant to do that. They wanted a retail price less a discount. So we've been trying to work with the local Ford dealers to get them to understand why it is we have to ask for the pricing on these -- at least these CAT vehicles in that manner as opposed to the traditional way. And it's taken some time to re-solicit that. COMMISSIONER HENNING: Okay. On the purchasing of new vehicles, there's -- that's continuing. We have a contract for that; is that correct? MS. MARKIEWICZ: We do, yes, sir. COMMISSIONER HENNING: And so how many vehicles are at fleet ready to be processed? MS. MARKIEWICZ: There are 66 cars ordered. COMMISSIONER HENNING: How many are at fleet right now waiting to be processed? MR. MENENDEZ: Commissioners, good afternoon. Mario Menendez, Interim Fleet Director. Let me, for clarification, new vehicles to be processed or vehicles to be repaired? COMMISSIONER HENNING: New vehicles to be processed. MR. MENENDEZ: Right now I believe I have six. COMMISSIONER HENNING: Six of them? How long have they been there? MR. MENENDEZ: About a week. COMMISSIONER HENNING: And you're ordering 66 more? MR. MENENDEZ: So far the departments have put P.O.'s in place for 66 units, roughly. That's what I have ordered. COMMISSIONER HENNING: Okay. So that will take you more Page 134 January 13, 2015 than one year to process under the -- if you're doing, you know, six in two weeks or something like that. MR. MENENDEZ: It depends on how they come in. I work a lot of hours. I usually end up working Saturdays processing vehicles all day on Saturdays getting them in. It really depends on -- COMMISSIONER HENNING: So you yourself, you're there on Saturdays processing vehicles? MR. MENENDEZ: Yes, sir. When needed. COMMISSIONER HENNING: I understand that you're down some staffing levels at fleet? MR. MENENDEZ: Currently we are minus three technicians. One while I'm in the interim, I have my principal technician is in the interim as a shop manager. COMMISSIONER HENNING: They quit, correct? MR. MENENDEZ: We have one that retired and then one that resigned. COMMISSIONER HENNING: This was just recently? MR. MENENDEZ: Yes, sir. Well, the one retired a few months back, we hired a replacement. He resigned. And then we have one that just found a new job and he resigned from the county recently. COMMISSIONER HENNING: Is there a reason why they're not in Human Resources for replacement? MR. MENENDEZ: Oh, we are. We've already interviewed and already have two recommendations for hire. The process is already done, we're just going through the process to get them -- you know, make them an offer and so forth. COMMISSIONER HENNING: Okay. With that explanation, I'll make a motion to approve. CHAIRMAN NANCE: Second? COMMISSIONER FIALA: Second. CHAIRMAN NANCE: There's a motion by Commissioner Page 135 January 13, 2015 Henning, a second by Commissioner Fiala. COMMISSIONER HENNING: You have to ask him. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I have to decondition myself. Leo, when Hertz moved to Southwest Florida, we found out that Hertz was providing a service to private entities which was saving a lot of these corporations a lot of money by both procuring and leasing vehicles for them, as well as being fully responsible for the maintenance of those vehicles which, you know, obviously eliminates a lot of the discussion here. Whether it's Hertz or some other company that we would solicit to and who would win an award by competitive bid is another issue, but I know that you sat down with Hertz and found out about how this is done. And so my question to you is why are we not outsourcing this to a company like Hertz through the competitive process rather than trying to do this in-house? COMMISSIONER HENNING: That's a good idea. COMMISSIONER HILLER: And especially with a company like Hertz down the street who has a proven track record with, you know, private industry. I'm not sure I understand why we even have this before us. So Commissioner Henning, I really appreciate you pulling this forward, but I'm looking at it from a different perspective. COMMISSIONER HENNING: You mean outsourcing fleet management? COMMISSIONER HILLER: Yeah. I mean, we would still have a gentleman like you as -- you know, we would still have an in-house staff, a limited in-house staff. COMMISSIONER HENNING: You don't have a director. COMMISSIONER HILLER: What we don't need is, you know, a -- I mean, we would save I think a great deal of money and time and Page 136 January 13, 2015 potentially even dollars in acquisitions because the leases that these companies negotiate is very different than the type of lease you and I negotiate as a citizen. And there might be very specialized cars that have different standards. They can accommodate that. They disclosed that they could accommodate that. So what's your thought on that, Leo? MR. OCHS: Commissioner, we did an analysis; we had several meetings with the people from Hertz. They're one of, you know, as you know, several vendors that offer this privatized fleet management, just like companies that offer privatized jail and correctional facilities management. If the Board wants us to put an RFP on the street, we can certainly do that. It's very complex. It's a little more complex than the little five-minute discussion we've had here kind of off-line. But if that's the will of the Board, that's what we'll do. But it's a big step and there's quite a bit to consider. I'd prefer to either workshop this first or have a separate staff item on another agenda where we could bring some analysis to you and let you make an assessment on whether you want to move forward that way. We're happy to do it, Commissioners. COMMISSIONER HILLER: I would like to -- I don't think there's a need to workshop this. I think this is an item that we should bring forward on a separate agenda item. And I think this emergency contract, which should be a short term contract, should not become any sort of permanent contract until we have evaluated the question of whether we should contract this service out and look at the cost benefit analysis that relates to that. You recommended the outsourcing of the marinas and that has worked extremely well, and I want to commend you on that. And I think this could follow suit. COMMISSIONER HENNING: But this item is a temporary item. Page 137 January 13, 2015 COMMISSIONER HILLER: Right, exactly. COMMISSIONER HENNING: Even if we enter into a bid or a solicitation, or maybe even a contract we might be able to sign, we don't have to purchase anything. COMMISSIONER HILLER: Absolutely. No question. COMMISSIONER HENNING: So you need to let this go down the road -- COMMISSIONER HILLER: I agree with that, very good point. COMMISSIONER HENNING: -- and at the same time let's do an analysis and see if we can get a bigger bang for our buck by outsourcing. COMMISSIONER HILLER: Yeah, I agree with that. So if-- CHAIRMAN NANCE: Right now on this agenda item is there a motion? COMMISSIONER HILLER: Yeah, there already is. COMMISSIONER HENNING: Yeah. COMMISSIONER HILLER: And I seconded. CHAIRMAN NANCE: Okay, Commissioner Henning made the motion to approve and Commissioner Hiller seconded it. Is there any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER HILLER: And I'd like to make a motion to direct the County Manager to bring back an Executive Summary to the Board that explains to us the option of Outsourcing Fleet Management, Page 138 January 13, 2015 and what the RFP would look like. CHAIRMAN NANCE: I personally think, Commissioner Hiller, that this should be work-shopped. And let me tell you why. There is a constant struggle that goes on with anybody in operations to try to be right sized on outsourcing repairs and maintenance. Because what you'll find is you'll find that it's very inconvenient to send a vehicle out for three days to get a blinker light replaced. And the next thing you know -- COMMISSIONER HILLER: But -- CHAIRMAN NANCE: Let meet finish. -- you're going to find out that oh, we need a mechanic to do minor things. So I think we need to really listen to our operations people that have experience with the vehicles that we're contemplating repairing and maintaining and get their feedback before we direct the County Manager to go out and outsource something where -- I can tell you, there's not a lot of money to be saved in some of this. You have to be very, very careful. Unless you have just absolutely blatant inefficiency, which I doubt we have in a system that's been functioning with as many vehicles as we have. Because what do we have, 800 vehicles, Mr. Ochs? MR. OCHS: Yes, sir, including the small equipment. COMMISSIONER HILLER: Can -- CHAIRMAN NANCE: Excuse me, let me finish. I think we do need to discuss it and I think we need to listen to our operations managers very, very carefully before we jump. And I think it's worthy of a little bit of time. It's not as if we have a crisis on our hands here. COMMISSIONER HILLER: No, I don't think it is a crisis, and I also don't think it's a workshop item. I think this can be addressed in a Board meeting, you know, through an executive summary. Page 139 January 13, 2015 And I think that looking to what the private sector is doing and from having met with Hertz with our County Manager and with staff and hearing the trend in corporate America -- and I think they said, I can't remember, I don't want to misquote, but I think they said something like 80 percent or something like that of, you know, I guess major corporations are doing this. There's obviously a perception that -- and support for efficiency. And, you know, what you're considering to be potential inefficiencies is not viewed as the same by the business community. So I think, you know, if I could get support to have the staff come forward, they already have the information, they already met with Hertz as one example so they understand what could be offered. I think we should discuss it and consider it. And if after the discussion it seems to have merit, we would make a motion to ask them to go out to bid or if we decide it doesn't, we just say don't. COMMISSIONER HENNING: I second the motion. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, I understand what you just said, and that's a very good idea to go for discussion. But I hate to see us do this, because right now we have at our fingertips our employees who know the vehicles, who can work on them and we can get them taken care of immediately. And I think that's a savings, actually, rather than a loss. So I'm in favor of that, but I'm certainly willing to get the reports Commissioner Hiller just mentioned. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I would agree with Commissioner Fiala, I certainly -- I'm very interested in this. I don't know anything about this topic, it's very important. The bottom line of course is the money, but we also have a situation where we need information and Page 140 January 13, 2015 maybe -- CHAIRMAN NANCE: Do you want to have it addressed in a workshop or -- COMMISSIONER TAYLOR: In a workshop. I think a workshop, because I think -- I don't want to the send the wrong message out. COMMISSIONER HENNING: Leases? COMMISSIONER FIALA: Either one is -- I think it could be handled pretty quickly. I'd just as soon -- CHAIRMAN NANCE: Well, there's a motion to have it as an agenda item down here, and a second. COMMISSIONER FIALA: Workshop, okay, I'll -- CHAIRMAN NANCE: No, no, there's a motion to have it as an agenda item and not a workshop. COMMISSIONER HILLER: Right. Because they'll present the information as backup and we can have a discussion. I mean, this is not a workshop item, it's not a community discussion. CHAIRMAN NANCE: I don't know why it wouldn't be. COMMISSIONER TAYLOR: Mr. Ochs, you suggested a workshop because? MR. OCHS: Well, we had several follow-up meetings, as Commissioner Hiller had indicated, with the subsidiary of Hertz that provides private fleet maintenance and acquisition services. I'm just saying based on those -- the documents that we went through with them. And it's fairly in-depth. I mean, we can handle it in an executive summary. I suspect there would be a lot of follow-on discussion. But the thing I'm thinking about is we talk about this. You know, the Sheriff probably has a larger in-house fleet operation than we do. So if we're going to do this in the interest of efficiency or cost savings, you may want to consider inviting the Sheriff to participate in this discussion, either as an agenda item or a workshop. Page 141 January 13, 2015 COMMISSIONER HILLER: I would agree with that. I think we should. And I think what we should do is start with an agenda item to look at it at the 100,000 foot level, and if based on that discussion we think it warrants further examination ahead of putting it out to bid, then let's have a workshop to delve into the details, if there is a need. But I think -- you know, there are so many opportunities. The school board might be interested. Every morning I drop my daughter off at Baron and I drive by, you know, a field of vehicles, which is unbelievable. So if you don't mind, if we can start with the least, you know, threshold analysis which would be a Board Executive Summary as opposed to a full workshop and then from there make a determination if we go either to bid or to a workshop, I think it might make sense. CHAIRMAN NANCE: Why don't we have him bring back a presentation then instead of an agenda item. I don't want to start voting on -- COMMISSIONER HILLER: Well, you're voting on whether or not you want to advance it to a workshop, advance it to a bid or kill it. CHAIRMAN NANCE: Okay. Right now there's -- we're going to do one motion right now. There's a motion to do it as an agenda item. All those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. Okay, that failed 2-3. You want to make a counter motion, Commissioner Hiller? COMMISSIONER HILLER: Make it a workshop. If you want to make it a workshop -- Page 142 January 13, 2015 CHAIRMAN NANCE: I will second -- COMMISSIONER FIALA: Second. COMMISSIONER HILLER: -- then make it a workshop. CHAIRMAN NANCE: Commissioner Fiala seconds that, a motion to have a workshop. When could we schedule that, County Manager Ochs? MR. OCHS: Well, we can add it to one of your existing previously scheduled in April. CHAIRMAN NANCE: You want to do it in April? So now we fill up April. MR. OCHS: You've got -- April you've got the CRA and you've got the item we just talked about -- CHAIRMAN NANCE: So we're done in April. MR. OCHS: -- impact fees and this for April. COMMISSIONER FIALA: You know, that's a lot. Those are heavy-duty subjects. Could you even just bring it back -- what do we have next, the library. Maybe that won't take too long, we could -- might be able to include it into the -- CHAIRMAN NANCE: Short time -- MR. OCHS: The library is early February, I think the first Tuesday in February, Commissioner. CHAIRMAN NANCE: What do we have in March? MR. OCHS: We have the Affordable Housing Advisory Board report to the Board and the discussion on work force housing. That may take some time. Why don't I try to work it in on the -- behind the library item in February. COMMISSIONER HILLER: And you already have all the information. You've already done -- MR. OCHS: Yes, ma'am. And what we'll try to do there is, as you suggested, give it a fairly high level review by the staff, providing Page 143 January 13, 2015 some -- COMMISSIONER HILLER: Could you please invite -- MR. OCHS: -- potential benefits and disadvantages and then give you all the backup and you can direct us. COMMISSIONER HILLER: Could you invite other members of the community like the school board, like the Sheriff, anyone that might have a larger fleet that could be interested? Could you also ask Hertz to come and speak and present information and answer questions to explain how they do their business? I mean, they are our local constituent, they are a local business. MR. OCHS: Commissioner, if you decide to go out for privatization at a future date based on this workshop discussion, there could be some, you know, accusation that if Hertz is a bidder that they've already had an opportunity to present and influence your analysis of it. But, you know -- COMMISSIONER HILLER: County Attorney? CHAIRMAN NANCE: This discussion -- COMMISSIONER HILLER: Hang on a second. County Attorney, I mean, we've already spoken to Hertz. I mean, I've spoken to them with you. MR. OCHS: Yeah, but the Board hasn't. COMMISSIONER HILLER: So County Attorney, is there a problem if a company like Hertz were to speak? I mean, and I'm not sure that's a fair argument, because when we had the discussion on the megahertz system, we discussed the megahertz system at a workshop and then the individuals who spoke at that workshop, if my memory serves me correctly, ended up becoming bidders on that system and we ended up giving it to one of them. CHAIRMAN NANCE: Well, let's think about what we're saying. We're talking about a workshop in February which we're going to put together by the first Tuesday in February for an hour following the Page 144 January 13, 2015 libraries, and we're going to invite the Sheriff, the school board, Hertz COMMISSIONER HILLER: Whoever wants to come. CHAIRMAN NANCE: -- we're going to do that in an hour? COMMISSIONER HILLER: No, we're not doing it in an hour, we're doing it in whatever time it takes after the presentation on the libraries. And we are committed to the full afternoon. We don't limit our workshops for 1 :00 to 3:00. We take it from, you know, 1 :00 to the end of the day. So I'm not sure that that's a fair statement. But I was asking a question of the County Attorney. MR. KLATZKOW: I'm not sure that I mind, but I'd like to get with the County Manager to see what ideas he has for the presentation first, and then we can invite whomever we think would be appropriate. COMMISSIONER HILLER: And quite frankly, I don't think we can deny anyone from wanting to speak because they can always sign up as public speakers and address us as well, besides inviting them. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All right, let's -- there's a motion to have a workshop. I don't know exactly when we're going to have it. COMMISSIONER HILLER: In February. CHAIRMAN NANCE: In February, following the Libraries? COMMISSIONER HILLER: Uh-huh. MR. OCHS: Yes. CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? Page 145 January 13, 2015 (No response.) CHAIRMAN NANCE: Okay. MR. OCHS: Okay, moving right along. That takes us to 11 .F. COMMISSIONER HENNING: Don't we need a break? CHAIRMAN NANCE: Yeah, let's take a break for the court reporter. Let's come back at 2:50. (Recess.) Item #11F TERMINATE FOR CONVENIENCE CONTRACT NO. 13-6173 FOR "OUTSOURCING OF COUNTY CONCESSIONS WITHIN PARK FACILITIES" AWARDED TO NASA HOLDINGS OF MIAMI, INC. D/B/A CONCESSION SERVICE SYSTEMS — APPROVED CHAIRMAN NANCE: Mr. Ochs, I think we're on 11 .F; is that correct, sir? MR. OCHS: That is correct, Commissioner. That was previously 16.D.6. It was a recommendation to terminate for convenience the outsourced county concession with park facilities awarded to NASA Holdings in Miami. COMMISSIONER TAYLOR: And I wanted it combined with the 16.J.6, which is the audit, if we could. If that's possible. And the reason being, it's after the fact of the audit. And to me it might be endemic of perhaps of-- I have to be so -- just a failed opportunity. And once again, we're terminating a concession dealer when -- what's going on? It's more a management question than it's the actual facts, let me repeat it that way -- and both these items are about management. MR. OCHS: Mr. Chairman, if I might, I think if you want to take Page 146 January 13, 2015 them in sequence, we can, but I think we should take them separately, nevertheless. CHAIRMAN NANCE: Let's take one of them at a time. Let's take the park concessions item. And Mr. Williams, do you want to present something? MR. WILLIAMS: Mr. Chairman, Barry Williams, Parks and Recreation Director. I don't have a presentation for you. I understood it was pulled and there was questions about it, so I'm here to answer any questions you might have. COMMISSIONER TAYLOR: I just -- when I read it, it was again in conjunction with the audit which of course I read. And I know that the audit goes back two years ago. MR. WILLIAMS: Three-and-a-half years. COMMISSIONER TAYLOR: Three-and-a-half years. But I guess what I want to know is what's different now, what's changed. And it doesn't have to be more staff. And then when I read about the termination of this concession, and that no one really knew that was happening, to me it smacks of perhaps a lapse in management. And the reason I'm bringing this forward is that your department has the toughest job, because you are -- you reach out to the public, and the public expects to be able to use their parks and to be able to afford to use their parks and their pools and all the wonderful things that your division operates. And when you have the kind of problem we had three-and-a-half years ago, you know, I'm looking for some major change here that I didn't really read when I read the audit. And so -- MR. WILLIAMS: Understand. And I appreciate the opportunity to speak to both. And if I could, let me start with NASA Holdings. MR. OCHS: That's the only item we're dealing with right now. MR. WILLIAMS: Let me just talk to you about the NASA Page 147 January 13, 2015 Holdings item then in terms of where we stand. And the only thing I would say about the audit is one of the decisions we made was to outsource the concession. The concession was an area of concern in terms of our managing it. So in our outsourcing of this concession we solicited for vendors last year, NASA Holdings was awarded the bid. And what we've experienced over the course of the last 12 months has been -- you know, our first interaction with Mr. Silva was just to sit down and kind of go over the terms of the contract and what those expectations were. And for us the big thing is the agreement is purely straightforward. His gross sales, he pays us a percent for use of the facilities that we have. What we've asked him over the course of the last 10 months is for him to demonstrate to us that the revenues that he's bringing in, those points of sale, actually are accounted for and that it equals a percent that is owed to the Board of County Commissioners. We've asked that repeatedly. We've met with him, we've gotten assurances from Mr. Silva that he will provide those, and then they're not provided. And for us, what we're looking for, he runs cash registers, point of sale. He has Z Reports that we need to see those Z Reports to see what revenues that he's brought in and how that equals his daily gross consolidated sales report, how that equals his monthly gross sales report. We look at that data and see what percent of money he's providing us. We need to be assured that that's correct. And so what I'm telling you is that we've gone through this process since last March asking for this data. We've escalated this to the point where we asked purchasing. At one point it was decided that maybe there was a conflict in our staff, our staffs interaction with Mr. Silva and his staff. And so we asked purchasing to become involved. And part of what we did with purchasing is they had objective Page 148 January 13, 2015 staff, they're here today to talk to you about that. Purchasing escalated this in terms of written correspondence to Mr. Silva, asking him to provide this data. Mr. Silva hasn't provided the data. And I'm beyond a point where I can wait for the information I'm looking for. And, you know, Junior said it best to me in a previous meeting that we had, he's saying that he's expanded beyond his ability to manage. And we think that's the issue in terms of his accounting. I don't have the luxury of waiting for his accounting to get better, and so what I'm bringing to you is a recommendation to terminate the agreement, and for us to re-solicit and get somebody who can provide the accounting that we're looking for. COMMISSIONER TAYLOR: And I have no quarrel with that. I support it. My concern is how many times we have to do this. And I'm not -- this is not a criticism. I know the way it was done in-house, then you decided to go to concessions and now you're going to go out to bid again. But I'm not sure that every public facility has this problem. And, you know, we're coming into budget and we're going to discuss about park fees and things, user fees. And it's so important. You have a business. It's what you have; you really have a business. MR. WILLIAMS: Absolutely. COMMISSIONER TAYLOR: And it's a lot of cash and it has to be run so tight. And I know you can do it. I just, I don't know where -- after reading these both together I'm just thinking, okay, there's something we need to do a little bit more here. MR. WILLIAMS: Well, I think we would want to talk about the audit when it comes forward for discussion. But I also want to tell you that we run concessions. This is not the only concession that we run. We're successful in outsourcing the marina concession. We ask the same information from our marina concessionaire and we are getting Page 149 January 13, 2015 it. We've worked with concessions on the beach, we have two concessionaires that we work with. Again, we get this data that we need. We've outsourced our lockers, you know, at Sun 'N Fun; we get that information that we need. So we're not -- this isn't new to us in terms of outsourcing. We outsourced our tennis facility. And again, we get the data that we need. This is an exception. And we can't explain it, and not looking to. We can speculate. But what we're saying is basically this is not working according to what we need from this vendor, so we're looking to separate and re-solicit. And as I understand it, Mr. Silva, you know, part of the discussion that we've had is whether the contract is too onerous for him. And certainly, you know, we'll look at that when we re-solicit. And if there was a desire for Mr. Silva to bid on that again under a less onerous agreement, certainly that would be his right. But under the current agreement what we're looking to is to discontinue it. COMMISSIONER TAYLOR: Well, let me say this: To ask for an accounting is not onerous, it's good business. MR. WILLIAMS: Yes, ma'am. COMMISSIONER TAYLOR: And I would encourage it, and I would encourage you to make decisions even faster. Last March is when you started to see there was some problems, and summer is a busy time, and this is -- Sun 'N Fun is the park. It's the happening park and people want to go there and they enjoy themselves. MR. WILLIAMS: I have to tell you, one of the first things Mr. Ochs said to me is why is it taking this long. And he's got a point. And I do appreciate your point as well. We did want to give Mr. Silva every opportunity to be successful. And there are a lot of things that we liked about Mr. Silva in terms of his service. But I agree with you, that this is -- and that's where we are, Page 150 January 13, 2015 we're at a point where it's time. COMMISSIONER TAYLOR: And this is not personal, it's not with Mr. Silva or anything, it's just business practices and just incorporate them and just sharpen your tools with that. That's what this is about. MR. WILLIAMS: Yes, ma'am. CHAIRMAN NANCE: Okay, do we have a public speaker? MR. MILLER: Yes, sir, we have four registered public speakers on this matter. Your first speaker is Alirio Silva, Jr. He'll be followed by Adrian Thistle -- or Alarian Thistle. MR. THISTLE: Adrian. MR. MILLER: Adrian? I'm sorry. MR. SILVA: Good morning, Commissioners. CHAIRMAN NANCE: Your name, sir? MR. SILVA: I'm sorry. Alirio Silva, Jr., 7005 North Waterway Drive. Also commonly referred to as just Junior Silva. I am the chef, owner and proprietor of NASA Holdings of Miami, which also operates as d/b/a as Concession Service System. You know, it's really unfortunate why we're here today. I have to tell you that I'm not here to ask for a yes vote, I'm not here to ask for a no vote. You know, one of the things that I'm here for is just to get a couple things on the record. And, you know, my dad, may he rest in peace, you know, my dad taught all five of us to speak up when we felt that there was something wrong. And we feel that we're here today because I spoke up to Mr. Williams. And I addressed issues that were going on in the operation, and we feel that's why we're here today. You know, no business, no business can operate without having GAP in place. For those, you know, GAP is Generally Accepted Accounting Principles. You know, we've taken a small four or $500,000 operation and turned it into almost a $5 million operation. Page 151 January 13, 2015 You don't do that without having specific and strict accounting procedures in place. If you do do it, I'm not privy to that, and maybe somebody can, maybe somebody has, but that's not us. Mr. Williams referenced these famous Z tapes. This is a Z tape and this is a Z tape. You can imagine our difficulty in keeping a whole year's worth of these. This is what the contract calls for. This is also what the contract calls for. He's unwilling to accept these, he wants these. This is printed on thermal paper. This will be raised. This is kind of like, you know, you can go to Wal-Mart to buy some, you know, whatever, some fruit or vegetables. And you just kind of take these receipts. This is printed right off of our computer register system. We have provided this information to the county. We vehemently disagree. And that's one of the good things that I believe we have in this country is that we can agree to disagree. You know, we run a strict accounting from the information that was provided through the purchasing department. 2010 you operated at a $90,000 loss, 2011 an $88,000 loss, and 2012 at a $32,000 loss. I have stopped that loss for you. I have stopped that loss for you. I have already paid the county almost very close to about 50, $52,000. I've taken this enormous burden. In reference to that audit that you spoke of, I read the audit. I kind of stumbled upon it, I read it and it was pretty clear that they have some major issues in that section of that area. I am a specialist when it comes to this type of business. We're doing this all over the place. Sorry, my time's up, so -- MR. MILLER: Your next speaker is Adrian Thistle. He'll be followed by Sheyvion Burton. MR. THISTLE: Adrian Thistle, 765 Sierra Club Circle. I'm a resident of Naples, Florida. I've been working with Junior for five years now, and I was relocated here from Miami a year ago. Page 152 January 13, 2015 And we heard, I mean, from firsthand from the park staff that we'd done a great job. And we wanted to see if there could be a resolution on this for everybody. I mean, we put so much work and time on this. I mean, on my side. It's been a great year, I mean, as a worker. I think we've done a great job. So I just wanted to put that out. And if you guys can take a look at the contract again, maybe, you know. At the contract amendment, sorry. Thank you. MR. MILLER: Your next speaker is Sheyvion Burton. I hope I'm saying that right. He'll be followed by Richard Yornich. MR. BURTON: Good afternoon. MR. MILLER: Oh, this will be your last speaker. MR. BURTON: Sheyvion Burton, NASA Holdings. I worked with the county for three years and I worked with Junior for one, and Mr. Thistle. And in just the past year we've made a big improvement in the sales, proficiencies, quality, wages. So I would hate to see that disappear just for technicalities. Thank you. COMMISSIONER HILLER: May I speak, please? CHAIRMAN NANCE: No further public speakers? Commissioner Hiller. COMMISSIONER HILLER: Barry, they on the record stated that they're giving you something that's produced off their register that's the equivalent of a tape. What's the issue? MR. WILLIAMS: The issue for us has been they have a point of sale system that they use. They also have manual cash registers that they use. We have kiosk that -- where they sell ice cream. On a couple of occasions we found them selling product without providing receipts, which ended up itself-- was very concerning to us. What we've asked them for is with these manual points of sale for cash register receipts, the contract clearly stipulates, and I put it on the visualizer, that they have to keep these for the length of the agreement. And so what we're asking them for is to justify the payments to us by Page 153 January 13, 2015 show us those cash register receipts, let us look at those. And we've been told we can't have them, we've been told that they don't exist, we've been told that they don't have the system to produce them. About two weeks ago when it became apparent to Mr. Silva that we were going down this road, he allowed me the opportunity to meet with Adrian, and Adrian actually showed me the process where they did the Z Report, created the tape, and then they took a picture of it and emailed it to Mr. Silva. So that's the protocol. So again, there's no confidence with this vendor in terms of our ability to continue on. And all we're asking him to do is to follow the contract. And what we've heard is, I'll do it, I'll do it, and then it hasn't happened. So we're at a point where we're just -- we're beyond our ability to continue this. COMMISSIONER HILLER: What's the total revenues that they're reporting for the year compared to the total revenues you reported for that concession for the prior year and maybe a couple years back? How much more or less are they reporting than you've reported that you believe you're not being paid on? MR. WILLIAMS: Well, I don't know. I don't have that -- we roughly made a half a million dollars. We basically covered costs associated with -- COMMISSIONER HILLER: I don't care whether you covered cost. I want to know, because they're supposed to pay you based on the top line, based on total revenues. So I want to know what you generated in revenues when you ran the concession versus what they're generating. I'm going to ask them that question. What did you generate in revenues? MR. SILVA: Commissioner, thank you. Actually, I have two payments that I'm going to give Mr. Williams here when we're done. So including those two payments, 459,000. And with the -- 459,020 is what we've generated from the Page 154 January 13, 2015 start, which was February, like Presidents Day weekend of'f 14 until now. COMMISSIONER HILLER: So not a full year. MR. SILVA: Right, we haven't operated a whole year. And, you know, like I said, you know, the county -- you know, these water parks are very -- COMMISSIONER HILLER: So you're generating approximately the same amount of revenue that they generated the previous year. MR. SILVA: Yeah, but if you put that in perspective, the novelty of the water park has already worn off. Every year, according to the reports that I've seen, every year the attendance has gone down. So when you kind of balance out the attendance versus the revenue, you know, if the attendance would have been at the same levels we probably would have done 650, 750, maybe, in that ballpark. You know, and, you know, I have to disagree with what Mr. Williams is telling you. You know, we've worked diligently to try and resolve this issue. We think that the way to go is just a simple contract amendment. One of our attorneys that works for me has reached out to Mr. Klatzkow, and Mr. Klatzkow made it seem or appear that, you know, a simple contract amendment can be in place or can be done. And, you know, we have 13 years of consecutive experience with governments when it comes to water parks, food service locations. You know, what this is asking us to do is -- you know, what I would have to probably do is just hire a full-time accountant to run this. One of the provisions in this agreement is that we have to certify our monthly revenues through an accountant. Well, if I were to do that, one, it would be a little cost restrictive and two, if I gave it to an accountant once a month, I mean, God knows how long they're going to take. They could take 30, 60 days, so that means every report is going to be late, every payment's going to be late. So it's just more of a functionality of the contract. Page 155 January 13, 2015 COMMISSIONER HILLER: I'm reading the provision right here, and it's very straightforward and very simple. And when you signed this agreement, I don't think there's any ambiguity in what you agreed to. And I can't understand you standing here before us today saying you could not do what you promised. Mr. Williams is saying that you're, you know, selling items for cash and not using, you know, an electronic point of sale cash control register to do that. That's a problem. And if you can't generate the cash register tapes, as you agreed that you would and you're making all these excuses that you need to bring in accountants and that would be time-consuming and expensive for you, then you shouldn't have agreed to this. MR. SILVA: Ma'am, the answer to your first question was on occasion, unfortunately because of electrical situations at the park, because of rain, there were times where those little, small manual cash registers were damaged. So we kind of just had to move forward with them until we got them replaced. So the days that we did this without a register were very nominal, like one, two, maybe three days. However, I will not discount that. Because we ran those dollars and those sales through the consolidated report, which is what I have submitted to the county. In no way, shape or form -- COMMISSIONER HILLER: How is that report generated? MR. SILVA: In the computer. Right on the register. COMMISSIONER HILLER: Off the register. MR. SILVA: Right off the register. This is -- you know, it gives you a detailed, you know, how many fruit cups, how many turkey sandwiches, how many pizzas. COMMISSIONER HILLER: So this is identical to a Z tape? MR. WILLIAMS: That's it. Just to correct that, there is a point of sale that Mr. Silva has where what he's saying is correct. There's other Page 156 January 13, 2015 points of sale with manual cash registers that he runs the Z Tape and then has to enter that into his point of sale that he's describing. Again -- COMMISSIONER HILLER: Well, but it says here that all electronic cash control equipment and accounting procedures shall be with the approval of the county finance department. So if the county -- did the county finance department approve this? MR. SILVA: Yes. COMMISSIONER HILLER: You approved it? MS. KINZEL: (Shakes head negative.) MR. WILLIAMS: No. MR. SILVA: I got an email. I don't have it in front of me, but I do have an email from Steve Weisberg, the operations coordinator approving the use of our -- COMMISSIONER HILLER: Who's Steve Weisberg? MR. WILLIAMS: Steve Weisberg is our contract manager. We had implemented a contract manager for all our concession contracts after our recent audit. Again, I think that there are a lot of issues. We've documented a lot of issues of problems. I mean, one of the reports that he's giving us actually identifies a water park in Miami, you know, in terms of the data that he's giving us. So he's got some issues. He's talking about improving them, but it's just beyond a point where we can wait for that. COMMISSIONER HILLER: But you -- one of your staff approved his equipment. MR. WILLIAMS: No, they did not. Steve is not the person that approves -- the finance department would have to approve the point of sale. MR. SILVA: I can bring you the email, if you'd like. I can email you the email. Page 157 January 13, 2015 COMMISSIONER HILLER: The concern I have, Jeff, is that, you know, either we're right and there should be a full audit and we're probably, you know, or possibly missing revenues if the accounting is not complete and accurate. Alternatively they're right and we're going to be sued for breach of contract. MR. KLATZKOW: Which is why we're terminating for convenience. COMMISSIONER HILLER: We have the means to do that that's provided in the contract? MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all in favor of approving the item, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, it's approved 4-0, Commissioner Henning absent. Item #12A AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO FILE A PETITION FOR ADMINISTRATIVE HEARING IN RESPONSE TO THE FLORIDA DEPARTMENT OF HEALTH'S ADMINISTRATIVE COMPLAINT CAPTIONED DEPARTMENT Page 158 January 13, 2015 OF HEALTH V. COLLIER COUNTY EMS, CASE NO. 2013- 13123 REGARDING AN EMS CALL FROM DECEMBER 2012 - APPROVE RECOMMENDATION AND ADDRESS ANY THIRD PARTY LIABILITY — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 12.A, which was previously Item 16.K.2. That's a recommendation to authorize the County Attorney's Office to file a petition for administrative hearing in response to the Florida Department of Health's Administrative Complaint regarding an EMS call from December of 2012. Commissioner Hiller brought this forward on the agenda. CHAIRMAN NANCE: I'm going to begin this agenda item -- before I go to Commissioner Hiller, I'm going to go to Mr. Klatzkow for advice on how to handle this agenda item. MR. KLATZKOW: I spoke with Commissioner Hiller during lunch. My understanding is Commissioner Hiller's intention to direct me to ensure that if there's any third-party liability on this that we bring that into the suit. And with that direction, I think Commissioner Hiller's concerns would be completely answered. CHAIRMAN NANCE: Okay, so you're asking to approve the item, Commissioner Hiller? COMMISSIONER HILLER: I am. And with the condition that we bring in any party that might have liability. For example, the systems provider. You know, the systems provider has a history of dropped calls. When the County Manager did the investigation, the investigation revealed that no signal came through. If no signal came through, then our staff could not respond. And if they could not respond, then there's concern for causation. CHAIRMAN NANCE: All right. What -- Mr. Klatzkow, do you have any concern about further discussion of this item at this time, since it seems to be a matter that seems headed for litigation? Page 159 January 13, 2015 MR. KLATZKOW: I would be very concerned with further discussions. CHAIRMAN NANCE: Your recommendation to the Board is what, sir? MR. KLATZKOW: That you allow me to defend the county on this. COMMISSIONER HILLER: But defend the county by bringing in -- MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: -- any third-party that may be liable for having contributed in any way to the situation that took place. MR. KLATZKOW: Understand this is an administrative hearing, but we will look at that, yes. CHAIRMAN NANCE: All right. Do we have any public speakers, sir? COMMISSIONER HILLER: May I ask -- MR. MILLER: Yes, sir, we have one registered public speaker. Charles Minard. COMMISSIONER HILLER: Let me ask a question. With respect to that administrative hearing, can you bring in third parties? Can you name third parties that potentially have liability in this case? MR. KLATZKOW: We'll certainly -- COMMISSIONER HILLER: I mean, they work for the county, they were under contract with the county. They provide the megahertz system that's supposed to provide this signal to alert our staff to be responsive. So, you know, they are part and parcel of the county. MR. KLATZKOW: Yes, ma'am, we will do whatever we can. COMMISSIONER HILLER: Okay. MR. MILLER: We have one registered speaker, Mr. Chairman. Charles Minard. MR. MINARD: I don't think I need to say anything. I think you Page 160 January 13, 2015 guys pretty much answered the questions that I had. Any questions that I might ask are going to be answered with pending litigation, so it's not going to help me. CHAIRMAN NANCE: Mr. Minard, are you waiving, sir? MR. MINARD: I guess I am at this point. CHAIRMAN NANCE: Mr. Minard waives. All right, is there -- taking into account the recommendation of the county attorney, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIR_MAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, it passes 5-0, unanimously. MR. OCHS: Mr. Chairman, that takes us to Item 13.A on your agenda this afternoon. It was previously 16 -- COMMISSIONER HILLER: I just want to qualify that that vote was with the understanding of bringing any third parties in that were involved in this situation, like for example the megahertz system provider. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: Okay, thank you. Item #13A TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS THE CLERK OF THE CIRCUIT COURT'S OFFICE REGARDING AUDIT REPORT 2014-13 NORTH COLLIER REGIONAL PARK — CASH HANDLING ISSUED ON JANUARY 7, 2015 - APPROVED Page 161 January 13, 2015 MR. OCHS: Mr. Chairman, Item 13.A was brought forward to the regular agenda at Commissioner Taylor's request. It's an internal audit report of cash handling processes at the North Collier Regional Park. MS. GAILLARD: For the record, Megan Gaillard from the Clerk's Office, Internal Auditor. According to prior guidance from the Board, we placed the audit on the consent agreement. Our reports, the detailed report includes the audit findings, recommendations, county management response and internal audit response to the county management response. And I'm here to answer any questions you have for the audit content. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: You audited and there was a response, but are you -- do you make a value judgment of-- are you happy? Do you feel confident that the issues that you addressed in the audit have been addressed as of today? MS. GAILLARD: We completed multiple site visits and follow-up actions. Not all of the findings we had have been resolved. We've worked closely with the department through a series of meetings to help them improve the internal controls surrounding the operations. COMMISSIONER TAYLOR: And can you be very specific about some of the areas that you have concern about? MS. GAILLARD: The deposits have been resolved. They've been following their policies and procedures. One of our concerns is that not everybody's been properly trained and understand the policies and procedures for the operations. One of the issues with the revenue reporting, which was part of your NASA Holdings agreement issue is, is the department didn't maintain their Z Tape reports, which is why that became a requirement Page 162 January 13, 2015 from prior issues at the park for that vendor. So without the vendor following those things, it causes revenue reconciliations and you can't determine the right full amounts, which was a prior problem there. So the control audit hasn't been monitored and overseen properly. Revenue contract didn't -- MR. WILLIAMS: I'd have to disagree with that. I mean, I apologize, and certainly I'm -- I don't mean to -- MS. GAILLARD: Oh, no, that's okay. MR. WILLIAMS: I think the reason why we're here talking about Mr. Silva is just for that very reason, you know, in terms of the Z Tapes. So we have been monitoring that, and we have been monitoring it since last -- just immediately when he started his contract. So I just wanted to add that, if I could. MS. KINZEL: I think, Barry, she's referencing the manual cash registers that were previously used by Parks. But I think you have committed that those will no longer be used. MR. WILLIAMS: Those manual cash registers are no longer in use, that's correct. COMMISSIONER TAYLOR: That's good. That's it. MS. GAILLARD: How much more detailed would you like? We have a summary. COMMISSIONER TAYLOR: Yes, yes, and I read it, just the main ones. MS. GAILLARD: If you look at the summary page -- COMMISSIONER TAYLOR: Yes. MS. GAILLARD: -- that we gave you, everything identified with fiscal year 2014 continued to have problems in our follow-up visit. COMMISSIONER TAYLOR: All right. MS. GAILLARD: To be more specific, there were still issues with oversight and controls for operations. Lack of segregation for Page 163 January 13, 2015 duties for the cash handling process. The change drawers didn't balance to the authorized amounts and were off by minuscule amounts. Cash bags were in the safe unsealed and being held until the end of the day for deposit, which was a prior issue from theft with the prior parks manager. Operations were inconsistent within the same location. Credit card transactions were not being reconciled and properly completed at the end of the day. And checks that have been received weren't endorsed and were in the cash drawers. Cash control logs had not been properly completed. There remained to be in some areas concerns for lack of an audit trail. In addition, we found a few items outside of the scope of our audit that we immediately brought to the department's attention for the NASA concessionaires agreement, the locker concessionaires agreement. Lack of controls for inventory. Medical information, personal information and Social Security numbers had not been properly secured. Pool entrance bracelets had not been properly tracked. One-day guest passes were not tracked or secured and were on the counter. COMMISSIONER TAYLOR: Thank you. Thank you very much. So I would like a response. MR. WILLIAMS: Thank you. And a couple things I want to say, if I could. I mean, the first thing is three-and-a-half years ago we had a major event where we found a gentleman -- and our internal controls at the time was we have two people count the deposit. That was our internal controls. One of the two people was told by the supervisor, you don't have to do that; I'll do it, I'll take care of it. That woman felt so uncomfortable because that was against the policy. She came to our staff who came to me and said hey, we've got a problem here. The next day I investigated that and found that this gentleman was hiding deposits. And what I did was I called Human Resources, I Page 164 January 13, 2015 immediately brought him down there, we terminated him that day, and before he got in the parking garage I called the Sheriffs Office and reported this theft. The Sheriff investigated. The next person I called was the Clerk of Court. And so that was what happened three-and-a-half years ago. Now, all these things that are being described and the different audits that have occurred and the different contacts that we've had with internal audit have been over the course of three-and-a-half years. Granted, there are some things, when they come back in 2014, that I could kill staff when they come in and count that change drawer and it's off a nickel, I could just scream. You know, when we have that problem after going through all this that we've gone through. But what I want to tell you is that we have reorganized this department. Three and a half years ago we made major changes to reorganize. We haven't had any external findings at all in the last couple of years. We've erased those problems from our inventory. We've strengthened the administrative section of our department. I mean, part of the issue that we were having, with the recession we lost 55 staff members, 20 percent of our staff. So we were doing things just to try to keep the level of service going. What we've done in the last three-and-a-half years with Mr. Carnell's assistant, Mr. Ochs, is to strengthen the administrative section so that we can provide that oversight. And we've done that. We've outsourced multiple programs. Again, what we were trying to do is do what we can do best. We've outsourced tennis, we've outsourced our marina operations, we've outsourced the NCRP concession which we would intend to continue to do. So that's helped us. That's helped us be a bit better in terms of our ability to manage. We've discontinued retail sales. We had retail sales at Freedom Page 165 January 13, 2015 Park, at our Wheels Center in Golden Gate City. We had retail sales that we were providing our fitness center. We got out of that business. We could not provide the controls for inventory control that internal audit had recommended and suggested accurately. We could not provide it, so we discontinued those services. What we've done over the last three-and-a-half years, I can't tell you the number of trainings that we've had with our staff We have multiple trainings. We have trained staff, we have annual trainings on cash handling, we have annual trainings on PCI compliance, on computers. We have staff that continue to make mistakes, as people do. And what we do with that is we discipline them. We have a very good system right now. One of the issues that we were experiencing was whether people were making the deposits in a timely way. I get an email from Crystal whenever that happens. If a person's a minute late, I get an email. We immediately take action and find out where that deposit is. And we still have found that there have been staff errors. And we correct that. We correct that with disciplinary action. What I will tell you is that I think we've come a long way. I think that if you come into our operation today, I have no doubt that Ms. Gaillard will find problems. I honestly believe that. I think that that's what the internal audit process is supposed to do, it's supposed to help us be better. I can tell you we are better. I can tell you three-and-a-half years ago we weren't too bad. I mean, we caught this. This was something that came to our attention. It wasn't that we didn't have internal control and oversight. The controls that we had helped us to accomplish it. You know, the question I'm asked often is will this happen again. And I can't tell you for certain that something doesn't happen. All I can tell you is that our staff have worked very, very hard and are very proud of the work that they've done and the accountability that they Page 166 January 13, 2015 bring to you. I mean, that's important to them that they be seen as accountable and business oriented and providing a service on your behalf. And I've got to tell you, I mean, they do a wonderful job for you. But I don't know if that answers your question, but I did want you to know that -- and especially if you're a new commissioner you're wondering, what is -- what is this? And I get that, I understand that. All I can tell you is that we're working very hard to correct it and maintain the integrity in our organization. COMMISSIONER TAYLOR: And not only that, you know, you serve the public. And it's not dollar-for-dollar, the public wants to use these facilities. And a lot of them can't afford -- if there were fees and we're moving into budget and we just -- it's so important to be accountable and to keep this kind of activity at a minimum. We're not perfect, I know that. But thank you, yes, you responded to my concerns. Thank you. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Megan, can I ask you how you conducted your audit? Did you do sampling? MS. GAILLARD: We initially went out in 2011 countywide and reviewed all locations for cash -- a general basic cash review for impressed funds. Ones that had more issues than less were added to our queue for future surprise unannounced reviews. Prior to us coming out, Barry identified the theft and requested that we come in and do a complete audit. We limited the scope to North Collier Regional Park. We went through at 100 percent testing. Because they had had theft and we were trying to identify values, controls, and there were known issues, so we were on the side of caution for a complete forensic review. COMMISSIONER HILLER: And when you did that, you found nothing material. You found there was no additional theft, there were Page 167 January 13, 2015 no losses. Do you find any substantive failures? Did you find any material errors when you were doing that? I mean, you said that, you know, cash drawers didn't reconcile in de minimus amounts. I mean, what were the material findings that clearly show that the system of internal controls was not working? And my question following that is if three-and-a-half years ago, you know, this theft took place and staff found the theft -- and I'm not sure I understand why the Clerk's Office didn't find that theft, and you can explain that. And I'm not holding you responsible, I just want explanation so I understand what happened. Subsequently when you went in to test the system of internal controls to find out where the weaknesses were, you know, the recommendations you provided to improve that system was then subsequently tested now as I understand; is that correct? MS. GAILLARD: In June of 2014 was our fourth site visit in some instances. COMMISSIONER HILLER: And this was to test the improved system of internal controls that you recommended as a follow-up to the theft that occurred three-and-a-half years ago? MS. GAILLARD: Each site visit reviewed the corrective actions as well as to identify if there was anything else that surrounding that. When you change something, there's always a ripple effect. So we made sure that each change was working as it was intended and there were no unexpected consequences. COMMISSIONER HILLER: And was that the case? MS. GAILLARD: Every concern I initially rattled off were found in June of 2014. Every issue closed I didn't recite to you. So example, Barry with the deposits, they trained their staff, they implemented more thorough oversight and they resolved the deposit so the deposits are and now getting to the bank on time within the parameters of their policy. Page 168 January 13, 2015 So that one issue was resolved and the theft issue was rolling of deposits. There's no way that finance would have any way to find that, because what led to that was the policies and procedures were good at the time. There were no problems with them. If the staff followed those policies and procedures the theft would have been caught immediately, probably within 24 hours. MR. WILLIAMS: I have to -- I can't allow that to be -- COMMISSIONER HILLER: No, and I agree with you that you can't. In fact, the theft wasn't going on at one point in time, it was going on for a very long period of time. Go ahead. MR. WILLIAMS: Well, my only point is that the way this works, I mean, prior to October, 2011 the way this worked, if there was a late deposit, finance would contact the person that -- you know, we post the deposits electronically. That's communicated to finance. Finance reconciles it once it hits the bank. And what was happening was that employee -- finance would communicate to this employee, saying, hey, Greg, where's your deposit? Greg would say, I've been working -- you know, I'm going to get it in. Well, after we discovered this, the protocol is now that if there's a deposit that's late, that comes to me and I find out why it's late. And so there was a system breakdown there. I mean, so -- MS. KINZEL: But Barry, let me be very clear. He was rolling the deposits. Your own internal policies were that we contact Greg. Our assumption was that your controls for securing their deposits and sealing the bags, Greg should have been the point of contact that was segregated from having access to open cash. That was an operational issue on the premise. MR. WILLIAMS: Again -- Page 169 January 13, 2015 MS. KINZEL: And so once he's rolling the deposits, we're still seeing activity. We're still seeing deposits from the bank perspective. He's keeping the open bags of cash in his office. That's a local on premise issue. That is very difficult to detect. MR. WILLIAMS: Again, I would -- COMMISSIONER HILLER: And so my -- MS. KINZEL: But we've gone past the three-and-a-half years. That was prosecuted, restitutions there. This audit as it's presented to you today isn't going back to the three-year that occurred. Some of the outstanding issues that were material were the manual use of cash registers and not having the tapes, similar to what we've just discovered with the NASA contractor. There were manual cash registers being used at Parks and Recreation where also they were not monitoring the total fees to the manual tapes versus the class system that was then recording the receipts. COMMISSIONER HILLER: But Barry, forgive me, didn't you say you stopped using those registers? MR. WILLIAMS: We did. COMMISSIONER HILLER: And didn't you say that when the contractor was using those registers you highlighted that as an issue and asked them to stop that? MR. WILLIAMS: We didn't ask him to stop, we asked him to prove to us his Z Tape registers and how we got -- how he got the income that he was providing. MS. KINZEL: And I believe that was after we identified that the vendor had a non-contracted entity on premise. And that's what signaled that he was using other manual facilities outside of the reporting that you might have been aware of, correct? MR. WILLIAMS: I can't say that. I think that that was an issue -- that would have been an issue at the mobile drink truck. Certainly the issue in what we were auditing in March before we authorized the Page 170 January 13, 2015 mobile drink truck was to look and have that Z Tape. COMMISSIONER HENNING: Do we really need to beat this topic up this much? COMMISSIONER HILLER: You know, I'll say what my concern is. My concern is that there were clearly weaknesses in the system of internal controls. It's clearly the Clerk's responsibility, as I understand, Leo, correct me if I'm mistaken, to define what that system of internal controls should be. Or is it staffs responsibility to come up with that? How do you have that set up? MR. OCHS: Well, we have our own system of internal policies that are meant to control things like cash handling. The Clerk correctly comes in under internal audit and audits it to see if we're complying with our own procedures and also the standards that they use for internal audit. COMMISSIONER HILLER: But isn't it the Clerk's responsibility to identify weaknesses in the internal control system and recommend improvements to those internal controls -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- based on their testing? MR. OCHS: I think that's in large measure what this is. COMMISSIONER HILLER: And isn't it also the external auditor's responsibility to come in and evaluate the system of internal controls to determine the extent to which they can rely on that system to determine to what degree they have to test? MR. OCHS: That's my understanding, yes. Now, they may have a different threshold than internal audit, but I don't personally know exactly -- COMMISSIONER HILLER: So all I want to know generally is again, and this is my direction -- or not my direction but my question, is -- COMMISSIONER HENNING: What's the motion? Page 171 January 13, 2015 COMMISSIONER HILLER: I would like to know whether or not you evaluated the system, tested the system and -- COMMISSIONER HENNING: I'll make a motion to approve. COMMISSIONER HILLER: -- came up with recommendations CHAIRMAN NANCE: Second. COMMISSIONER HILLER: -- to improve the system of internal controls where you saw there were material weaknesses. Did you do that? MS. GAILLARD: Yes, ma'am, that's -- COMMISSIONER HILLER: And that's what the -- and so were there material weaknesses that you identified? Not -- you know, doing 100 percent testing and finding certain issues versus whether there is a systemic material weakness in the system of internal controls is very different. Like an isolated incident in one control doesn't make for a total failure of that control. So my question again is what were, based on what you listed, material weaknesses in the internal control system that you identified as part of your follow up? I want to know what was material. MS. GAILLARD: In the 2014 portion or the -- COMMISSIONER HILLER: In this audit that you're presenting. In what you are presenting now. What's material? MS. KINZEL: This audit is cumulative. And the things that are material I just named. They continue to have open cash bags, which could be a materiality factor of whatever theft occurs. We did not encounter a current theft. But the fact that the bags are not being sealed and sequenced. Some of the attendance criteria, that could be significant. They have corrected several of the things that we identified, including the manual cash register use. They've totally stopped doing that, as been evidenced by Barry, and our follow-up audits have included that. Page 172 January 13, 2015 What this was is in course of the several years we've been working very closely with Parks and Recs staff. That's why it's a very detailed report. So yes, whether our minuscule differences in a daily cash -- a mistake is not the problem. We totally appreciate. The issue is ultimate control elements. Not securing cash when it's ready to go to the bank for a deposit. Those are material control issues. COMMISSIONER HILLER: Of the list that you presented, where were material weaknesses that you saw significant issues with respect to? MS. GAILLARD: One example -- not in totality, this is a 46-page report, we'll be here 'til tomorrow if I try to go through every material issue that was found at the time. COMMISSIONER HILLER: So there were so many material issues -- in the conclusion of this report there are so many material issues -- COMMISSIONER HENNING: Can you call the motion? COMMISSIONER HILLER: No, I want to understand. We're dealing with cash, the most liquid asset. I want to understand what the material issues are. CHAIRMAN NANCE: If there's a question on the report, Commissioner Hiller, I would recommend that you read the report. COMMISSIONER HILLER: Well, no, that's not the issue. The issue is -- CHAIRMAN NANCE: No, that most certainly is the issue. COMMISSIONER HILLER: -- that they're accusing staff of having a system of internal controls that is being disregarded to the point that there are material issues, and staff is denying that. So I would like to know, I mean, if you're going to -- Leo, do you agree with what they're saying? Just tell me, either you agree with it or you don't. Page 173 January 13, 2015 MR. OCHS: Commissioner, no, it's not a simple yes or no. What we did was have an opportunity to respond to their findings. Where we agreed with them we said we agreed. Where we didn't, we said we didn't agree. Or where we agreed at some level, we provided the explanation of where we differed in their finding. And that was our attempt to reconcile the findings and move forward with corrective action. And that's how we generally try to work these audits. COMMISSIONER HILLER: I want to know what was deemed material. MR. OCHS: I don't know what that definition of materiality is, that internal audit. I don't even know if they have a standard. MS. KINZEL: Well, Commissioner, you just stated it. Controlling the cash because it so liquid. Even not reconciling your cash drawers regularly daily is a control issue. But Barry has now put in progressive disciplinary activity, he's shored up those issues. If you read the report, many, many of the items that we've identified, they responded, they agree and they've corrected it, and they identify the corrective action they've taken. COMMISSIONER HILLER: So those material issues are not open. MS. KINZEL: We do not believe they're open at this time, except for there are some that we still discovered in '14, they're identified as annual '14, and I believe Barry is going to work on those. And based on his response to the audit, that would be something he's currently working on. COMMISSIONER HILLER: So in conclusion, if I understand correctly, there are no material weaknesses in controls over cash -- MS. KINZEL: No. COMMISSIONER HILLER: -- given the current situation with the county. And that what the county has done is whatever was identified as creating a potential risk was eliminated by creative action Page 174 January 13, 2015 on the part of staff; is that correct? MS. GAILLARD: No, ma'am. We wouldn't know that. We did a follow-up in June of 2014 and we identified every concern what I mentioned to you when I read off the list from the report. We didn't follow up on the 2014 items. We've been following up every six months and we still have open items. So as our way of trying to have either you address it and make a decision and direction or them come up with the corrective actions, they need time to fix it. We've been following up and these remain open. COMMISSIONER HILLER: The question is, is what action should we as a Board take? If you're telling me there are material weaknesses in the internal control system because staff is ignoring that system, then we need to address that. If the County Manager is saying that they have addressed the weaknesses that you've identified and they've been corrected, then there is no action we need to take. MS. GAILLARD: Based on the report it's a management decision for you to decide. As the Clerk's office I cannot make a recommendation for you as to how you handle it. My recommendations are in the report. Leo provided his responses, the County Manager. If you have a problem with his responses as to what he's planning to implement, it would be your management decision to resolve that. CHAIRMAN NANCE: Okay, there's no action item here, I don't think. Is there any concern, Commissioner Taylor? COMMISSIONER TAYLOR: No, I just -- CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: No. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: No. CHAIRMAN NANCE: I have no further concerns, I'm going to Page 175 January 13, 2015 call the question. All those in favor of accepting the report, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, we've beat that into little pieces. MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Mr. Ochs, if you have the further strength, can we go to the next agenda item. Item #14B1 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ADOPT AN AUTHORIZE ADVERTISEMENT OF AN ORDINANCE TO- AMEND AMENDING ORDINANCE NO. 2002-3 8, "THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE," IN ORDER TO ADOPT A COMMERCIAL SWEAT EQUITY GRANT PROGRAM FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA — APPROVED MR. OCHS: Absolutely. Commissioner, we have Item 14.B.1 which was previously 16.B.1 on your consent agenda. This was moved to the regular agenda by Commissioner Taylor. And it's a recommendation that the Board, seated as the CRA, authorize advertisement of an ordinance to establish a commercial sweat equity Page 176 January 13, 2015 grant program for the Immokalee Community Redevelopment Area. Mr. Chair, I don't -- I'll ask the County Attorney, Jeff, is it appropriate to go into session as the CRA on this item? COMMISSIONER HILLER: We don't have anything on -- COMMISSIONER TAYLOR: So there's three items on it. There's three. But this is the only one I want to pull. CRA CHAIRWOMAN FIALA: Excuse me, the CRA meeting is now in order. COMMISSIONER TAYLOR: And I just needed to understand how this program works. House owner A, they want -- they apply, they're approved. Does -- is it block by block or is it house by house? MR. MUCKEL: Brad Muckel, Immokalee CRA for the record. It's actually business by business. COMMISSIONER TAYLOR: Business by business. So they can be interspersed throughout the community. MR. MUCKEL: Yes, ma'am. COMMISSIONER TAYLOR: Okay. MR. MUCKEL: The application, I'll bring that to you for approval. COMMISSIONER TAYLOR: All right, very good. That's all I needed to know. Thank you. CRA CHAIRWOMAN FIALA: Okay, would you like to make a motion to approve? COMMISSIONER TAYLOR: I make a motion to approve. CHAIRMAN NANCE: Second. CRA CHAIRWOMAN FIALA: Okay, and I've got a second. Any further discussion, Commissioner Henning? COMMISSIONER HENNING: You do a great job, Commissioner. CRA CHAIRWOMAN FIALA: All in favor, signify by saying Page 177 January 13, 2015 aye. COMMISSIONER HENNING: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: Aye. CRA CHAIRWOMAN FIALA: Aye. COMMISSIONER TAYLOR: Aye. CRA CHAIRWOMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN NANCE: Passed, and the CRA meeting is closed. COMMISSIONER TAYLOR: But there's two more items on the CRA agenda that we didn't pull. Do we have to -- COMMISSIONER FIALA: No, that was -- MR. KLATZKOW: You approved them this morning. COMMISSIONER TAYLOR: You don't have to. Okay. MR. OCHS: Separate, not for -- COMMISSIONER TAYLOR: That's good, thank you. I'm sorry, did you come all the way from Immokalee for this? MR. MUCKEL: Yes, ma'am. COMMISSIONER TAYLOR: Oh. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that takes us to Item 15, Staff and Commission General Communications. I have nothing today, sir, except for the workshop. CHAIRMAN NANCE: All right, Mr. Klatzkow, do you have anything, sir? MR. KLATZKOW: I do. This has to do with your Regional Planning Council, if I could find the email that I sent you earlier today. Page 178 January 13, 2015 The -- you don't have to take action now. Currently Commissioner Nance and Commissioner Hiller are the Board's representatives on this. If either Commissioner Hiller or Commissioner Nance no longer wish to serve, we can get replacements. Your next meeting is Thursday. You may want me to bring this back on executive summary the following meeting. CHAIRMAN NANCE: Yes, why don't we do that. I will volunteer to continue for day after tomorrow's meeting, if Commissioner Hiller will. COMMISSIONER HILLER: I don't see any need. If you're going to go, then I'm just going to withdraw. Because I don't want to continue serving on that board. CHAIRMAN NANCE: Okay, who else would like to participate? COMMISSIONER FIALA: What is that for, the -- COMMISSIONER HILLER: Regional Planning Council. CHAIRMAN NANCE: Southwest Florida Regional Planning Council in Ft. Myers. Or you can attend by phone. COMMISSIONER FIALA: Geez, oh man, I'm on Marco all day. CHAIRMAN NANCE: All right. Well, the Board's going to have to decide what sort of participation we want to have with this, whether we want to have it or not. Seems that I'm the only one that has any enthusiasm for it. I mean, I think it does have regional value, but it's out of town and it requires a once-a-month meeting and a limited preparation as far as an agenda is concerned. You can either get it electronically or hard copy. And it's about a two to three-hour meeting once a month. COMMISSIONER FIALA: And the Collier representative chosen by the Governor actually lives in Lee County, so I don't know that she even -- CHAIRMAN NANCE: Well, we have Mr. Mulhere that's currently -- Page 179 January 13, 2015 COMMISSIONER FIALA: Oh, is he there? Good. CHAIRMAN NANCE: -- appointed by the Governor and we have Mr. Reynolds, Allen Reynolds, who's appointed by the Governor. COMMISSIONER FIALA: Well, then that's good. CHAIRMAN NANCE: And, you know, most of the people present are Municipal Government elected officials. They're Mayors, Councilmen, Commissioners from the six counties involved on up to Sarasota. So if we're not going to be there, I will tell you, we'll be in the minority, because almost everyone else has somebody present on a fairly regular basis. I've been pretty faithful in attendance on that. Not 100 percent, but I bet you I've made 85 percent. So let's put that on an agenda item going forward and see if we have anybody that develops any enthusiasm, Mr. Klatzkow. MR. KLATZKOW: See if you can get two volunteers. Yes, sir. CHAIRMAN NANCE: Yes, okay. Staff and Commissioner General Comments continued. Ms. Kinzel, do you have anything? MS. KINZEL: No, thank you, Commissioner. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Yes, I would like to see if there's any support for staff to bring back a cost involved with reviewing the development regulations of our county. I've heard from Mark Strain, I've heard from more than one that over time it needs a little housecleaning and that there are conflicting ordinances. And it's an undertaking but is there any support to do that? COMMISSIONER HILLER: Do what? COMMISSIONER TAYLOR: To review and to clean up our ordinances for development. COMMISSIONER HILLER: Our land development -- COMMISSIONER TAYLOR: Yes, our Land Development Code. Page 180 • January 13, 2015 COMMISSIONER HILLER: We're already doing that. And we have a tiered approach. And staff is bringing back, you know, every so many months, you know, the next, you know, batch of regulations. And we've already systematically been working on that over the past few years. So that's already in place. COMMISSIONER TAYLOR: Okay, because that's not what Mark told me. COMMISSIONER HILLER: Well, Mark told you incorrectly, because they are very -- I mean, we have staff that has been systematically reviewing their land -- CHAIRMAN NANCE: Isn't there a listing of projects in the AUIR, Nick? MR. OCHS: Well, there's listings that the Board previously approved -- COMMISSIONER HILLER: Yeah. MR. OCHS: -- late last year as future cycle amendments with individual projects. Some board directed, others recommended by the development community or the staff that you -- COMMISSIONER HILLER: Right. And we just went through the first cycle of code provisions that we just amended. MR. CASALANGUIDA: For the record -- CHAIRMAN NANCE: Let's recognize Nick. MR. CASALANGUIDA: Nick Casalanguida, your Growth Division Administrator. Still fighting a little bit of sickness here. Two different things, Commissioners: We're not doing a wholesale review of the LDC, which is what Commissioner Taylor is talking about. You've given us direction on certain items to bring back as a prioritized group of lists to adjust. I think what she's suggesting, I've talked to the Hearing Examiner as well too in the past, is to go through at some point in time a cleansing of your Land Development Code. Now that's a very onerous Page 181 January 13, 2015 task. COMMISSIONER HENNING: We just did that. MR. CASALANGUIDA: You did an Administrative Code. They're talking about a whole rewrite. COMMISSIONER HENNING: How many years did we spend on that, Leo? MR. OCHS: Administrative Code, probably a -- COMMISSIONER HENNING: And a million dollars. MR. OCHS: -- half dozen years. It took us a long time. MR. CASALANGUIDA: Well, that's why I say, it's an onerous task if you want to go through and do that. That is -- COMMISSIONER HILLER: Why not just -- like I said before, why not add a sunset provision to every single provision in the code and then make a decision, you know, as they sunset whether we're going to carry it forward again. CHAIRMAN NANCE: We're going to need carbide lights on everybody's head if we're going to do that, because we're going to have to shut down. COMMISSIONER HILLER: And if you want to do it wholesale and if you want to do it fast, let's just, you know -- COMMISSIONER TAYLOR: No, I don't think fast is the operative word here. But it means to thoroughly go through it and reconcile what needs to be reconciled. But again, there's a cost involved. And I'm not suggesting we do it today, but I would like to explore the cost and maybe ask -- CHAIRMAN NANCE: Commissioner Taylor, I would suggest this to you, and I think if you would become familiarized with the working list that we have, perhaps -- did Commissioner Taylor receive that? I think that was prior to her arrival. MR. CASALANGUIDA: I think so too, sir. CHAIRMAN NANCE: I think if you would get enlightened as to Page 182 January 13, 2015 what projects we have in the till, and perhaps-- I think what occurs is that we attack these things on an as needed basis. When it becomes obvious that we have something that's really kind of a problem, that it kind of sifts itself to the top of the pile and we attack it like that. Because if we just go through, you know, wholesale and try to figure out there's no problem with this, no problem with this, no problem with this, it becomes a tremendously onerous process. MR. CASALANGUIDA: And Mr. Chairman, I think that's a good point. Because you're doing your -- right now you're doing your architectural standards. That in itself has been going on for a year with the committee. And you're doing your sign standards, that's going on with a group as well too. So I think you are attacking it section by section. But to say a whole revamp from A to Z, you'd be looking at a good three years. I think it would be good if I spend some time with you and showed you what we are fixing, even -- COMMISSIONER TAYLOR: Okay. MR. CASALANGUIDA: -- if we do it with Mark. COMMISSIONER TAYLOR: All right. MR. CASALANGUIDA: That way we can kind of walk through it together. COMMISSIONER TAYLOR: Okay, thank you. COMMISSIONER HENNING: It's in your district. CHAIRMAN NANCE: Commissioner Fiala. COMMISSIONER FIALA: Yes, I just wanted to comment just a tiny bit on 17.E. We were talking about bicycle safety and so forth, and we all voted for that, because we certainly want the bikers to be safe. But I just -- sometimes we have to also make sure that the bikers follow the rules as well. I was -- just a couple days ago I was driving down the road and a lot of bikers were, you know, the speed bikers. Except the one, he was Page 183 January 13, 2015 riding in the automobile lane, I was right behind him, there were cars coming along beside me, so I couldn't pull around him. I was stuck. The next guy's behind me, next guy's behind me. Some of those guys over in the whole group were yelling, get over, get over. He wasn't going anywhere. He was going to ride right in the middle there and stop all of us. And finally I guess they got him to move over into the bike lane, but he wasn't real happy about that. But there was no way to pass him with all the other cars coming along. So it would be nice if they also abided by the rules of the road. COMMISSIONER HENNING: They're getting aggressive. COMMISSIONER FIALA: Yeah. CHAIRMAN NANCE: Anything else? COMMISSIONER FIALA: No, that's it. Congratulations on your first day in. CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Thanks. There's a misunderstanding by the County Manager that Golden Gate Community Center's running a farmers market. I just wanted to provide him some information on his farmers market, not only at the Golden Gate Community Center but the Golden Gate Community Park. As you can see, there's very little vegetables there. I don't see a farmer growing those pants. I can't read Spanish, but -- you know, this is definitely a flea market. In fact, one of the civic members last night referred to it as a flea market. Although the vendor would like to let you know that it's a farmers market. You don't grow these, okay. You don't plant these and they don't grow to get bigger. It's a flea market, all right. Now, my concern is that the County Manager is not managing the people -- put that back, please -- is not managing the vendors or the Page 184 January 13, 2015 people utilizing the park. Now, I don't know if this person that the County Manager allowed to do this flea market is allowed to have off-site signs, but per the Land Development Code it is illegal to have banners. Okay? It is not allowed. Now, this one's -- look at, this one is tied up to the electrical signalization of an intersection. It's a big banner. Go to the next one. This one, this flying flag -- and the day before I didn't get a chance to take a picture of the dancing clown on the sidewalk with the sign, which the County Manager -- oh, and by the way, did you know that we hired two more Code Enforcement officers just to deal with signs? And working on weekends. And yet another division within the County Manager's domain is allowing things like this. That's not a directional sign, okay? All those signs are -- is not stating an event and a time. It is clearly advertising in the right-of-way. But yet the County Manager's Administration for Parks and Rec is not managing the people utilizing the parks. And I want to give direction to the County Manager to enforce the Board's Laws. Okay, you see those flags up there? That's another illegal thing. You see where they're tied to? The native vegetation that was approved by the site plan that your vendor is putting on those trees. Are you aware of that? MR. OCHS: No, sir. COMMISSIONER HENNING: When are you going to provide me the contract for this person? You have a contract? CHAIRMAN NANCE: Don't we have a sign agenda item that's moving forward on these temporary signs? I thought we agreed we were going to -- MR. OCHS: Yes, sir. COMMISSIONER HENNING: These are totally, totally illegal. Now, besides the pollution that this person is putting throughout all the Page 185 January 13, 2015 community on this event, he's putting illegal signs. I'm not talking about, you know, let's put it on hold and decide whether we're going to allow these signs. These are illegal today. COMMISSIONER FIALA: Does the particular vendor who's arranging this collect money from each one of these while they're using our park? COMMISSIONER HENNING: Yeah, yeah. COMMISSIONER FIALA: I knew that answer. COMMISSIONER HENNING: And, you know, we have mom and pops businesses within our community that sells the same thing. But yet government is allowing, you know, these street vendors, these gypsies, to move into the community to take away business. Where's the contract, Leo? MR. OCHS: I'll get it for you, sir. COMMISSIONER HENNING: Can you do something about this? MR. OCHS: Yes, sir. COMMISSIONER HENNING: And will you? MR. OCHS: Yes, sir. COMMISSIONER HENNING: It's not up to Nick to enforce this. It's up to your Administrator to enforce in his -- MR. OCHS: It's up to me. I'll take care of it. COMMISSIONER HENNING: Okay. I don't want to see this Friday and Saturday. Understood? MR. OCHS: I said I'd take care of it, sir. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Congratulations, Commissioner Nance, on your first day. Very good job. How do you like it? CHAIRMAN NANCE: It's everything I'd hoped it would be, Page 186 January 13, 2015 ma'am. COMMISSIONER HILLER: Well, I'm glad you're happy. I'm so glad you're happy. Your wife better take you out for dinner tonight and treat you special. CHAIRMAN NANCE: Maybe she'll take pity on me and I'll get lucky. COMMISSIONER HILLER: Well, we're not going to go there. I'm going to leave it at dinner and be done with that. Commissioner Fiala, you make a very good point when you bring up the vulnerable road users and their duties that are equal to the motorists with respect to observing the law. And so what I would like to recommend, because one of the issues is, is education and information dissemination, that we embark on a public information campaign. Our Sheriff sent us a letter this morning in support of the ordinance we passed, which is a groundbreaking ordinance, the first of its kind in the State of Florida, which is very exciting, and is endorsed by the vast majority of the community. But I do think that we need to educate. We need to educate the pedestrians, we need to educate runners, we need to educate cyclists, and we need to educate the motorists as to how to share the road, you know, how to be good neighbors and safe neighbors. So what I would like to ask is that we support the County Manager in looking into developing some sort of a public information campaign on the rules of the road for both motorists and vulnerable users to make sure that they share appropriately. And if you could bring back an executive summary with a recommendation for an information campaign and a budget for that campaign, I think it would benefit everybody in Collier. And maybe coordinate with the Sheriffs Office as well. Because the Sheriffs Office is always involved in informational campaigns on Page 187 January 13, 2015 various safety issues like, you know, wear your seat belt, don't drink and drive. And if they could incorporate this initiative in one of their existing initiatives, if we could piggyback in part or maybe in whole, that may be a way to get it done. MR. DURHAM: Ma'am, in a recent Sheriffs publication, I'll share it with you, they did a really nice front page piece on bike safety and the obligations of both those in motor vehicles and on vehicles. Very nicely done. COMMISSIONER HILLER: Which is great. And we should do the same thing using our website and using our e-blasts. And again, if there's any other way we can communicate this information through public service messaging, it would be great if we did. COMMISSIONER FIALA: Who all gets that publication? COMMISSIONER HILLER: It all depends. I mean, people -- like in the county it's whoever, for example, registers to receive the E-blasts that we send out. You know, there are different users. There is also TV, we have our Collier County TV where we have a great TV staff that could, you know, interview, for example, the Sheriff on -- or, you know, a patrol officer on, you know, the rules of the road. MR. MILLER: In our monthly program we do Collier Highlights. In both January and November we did interview segments with Stacey Rivet, who does bicycle safety -- COMMISSIONER HILLER: Super. MR. MILLER: -- and promoted some websites and some information. COMMISSIONER HILLER: And what we need to do is have a long-term program. This is not just a one-time communication, we should have a program that extends, you know, for say 12 months and revisit it at the end of 12 months and decide how to, you know, make it better or, you know, expand or contract as needed. Page 188 January 13, 2015 MR. OCHS: So I have Board consensus, I presume, to move out on this? COMMISSIONER HILLER: Yes. MR. OCHS: Thank you. COMMISSIONER HILLER: Thank you so much. I hope everyone had a Merry Christmas and a Happy New Year and everyone's excited by 2015. I think it's going to be a great year, and I really look forward to all the projects that are going to come forward. And I look forward to assisting in any way I can. I think it's going to be fun. One of my big agendas that I care very much about is let's see if we can get dogs on one of our beaches. Is there ever a possibility that that could happen? CHAIRMAN NANCE: In Collier County, ma'am, I don't know. I would expect to see pigs fly by in formation before I see that, but maybe we can find a way. COMMISSIONER HILLER: We have many serious issues, but I'll tell you, for whatever reason, that one is near and dear to the hearts of many, many constituents. And at some point I'd love to see, Steve, if you could add that to your list of to-dos. CHAIRMAN NANCE: Maybe part of Commissioner Fiala's pool can be saltwater and we can -- COMMISSIONER HILLER: In addition to reviewing the system of internal controls over cash and building a pool for Commissioner Fiala and a regional park for Commissioner Nance, could you please add dogs on the beach for me? Just a little wee request. But anyway, great first meeting, Commissioner Nance. CHAIRMAN NANCE: Thank you. I appreciate everybody's confidence. I'm going to do everything I can to make sure that we have a good year and that we reach consensus together on doing the right thing for the public. I think it's -- I know Page 189 January 13, 2015 that many times we'll disagree, but we can disagree without being disagreeable. And that's very important to me and I think it's very important to the public and it sends a better message. And I hope we can do that together. I hope that this will be a year of solutions. And, you know, I have a few ideas that I'll be bringing forward to you fairly rapidly to provide some information to help us with our planning going forward. And when I say a year of solutions, it's because I feel the pressure that those of us who pay attention and those of you who have paid attention for a long time as Commissioners realize that the build-out of our county and the commitment of our available property is not unknown at this time. It's increasingly becoming clearer what's going to be available for development, what's going to be in conservation, public ownership. And if we are to make some improvements that I think all of us have come to understand are necessary for us to balance our economy, which is the way to ensure that our quality of life here remains vibrant for many, many years to come, we're going to have to make some hard decisions. So I hope to be able to be one of the elements of bringing those things forward and providing some solutions to problems and working everything out. So thank you very much for your support, and I look forward to a good year. Thank you. Anything -- Mr. Ochs? MR. OCHS: No, sir, just a motion to adjourn would be in order, sir. CHAIRMAN NANCE: We'll do that. Is there a motion to adjourn? COMMISSIONER FIALA: Motion. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: And we are adjourned. Thank you. Page 190 January 13, 2015 ***** **** Commissioner Taylor moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR VENEZIA AT TREVISO BAY, PL20130000547, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITY PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $16,579.53 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS CONDUCTED BY ENGINEERING STAFF ON AUGUST 12, 2014 AND FOUND IT TO BE SATISFACTORY AND ACCEPTABLE WITH THE WATER AND SEWER UTILITIES MAINTAINED BY THE PROPERTY OWNER Item #16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR BUCKS RUN RESERVE, PL20110001721, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS CONDUCTED BY ENGINEERING STAFF ON JULY 11, 2014 AND FOUND IT TO BE SATISFACTORY AND Page 191 January 13, 2015 ACCEPTABLE WITH THE SEWER UTILITIES MAINTAINED BY THE PROPERTY OWNER Item #16A3 FINAL ACCEPTANCE OF THE PRIVATELY OWNED UTILITY FACILITY FOR SUMMIT PLACE, PHASE II, PL#20130000309, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE A UTILITY PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,800 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 23, 2014, WITH THE OWNER/DEVELOPER RESPONSIBLE FOR MAINTENANCE Item #16A4 AN EXTENSION OF ONE YEAR FOR COMPLETION OF INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH VERCELLI (AR - 9669), ITALIA (AR - 9746), AND LIPARI - PONZIANE (AR - 10023) ALL WITHIN TREVISO BAY PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE — THE EXTENSION FOR ITALIA AND LIPARI-PONZIANE IS UNTIL NOVEMBER 14, 2016 AND THE EXTENSION FOR VERCELLI IS UNTIL DECEMBER 12, 2016 Item #16A5 RECORD THE MINOR FINAL PLAT OF MAPLE RIDGE Page 192 January 13, 2015 ESTATES MODEL LOTS, APPLICATION NUMBER PL20140001799 — LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH, RANGE 29 EAST Item #16A6 RECORD THE MINOR FINAL PLAT OF ESPLANADE AT HACIENDA LAKES AMENITY CENTER, APPLICATION NUMBER PL20140002352 — LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST Item #16A7 RECORD THE FINAL PLAT OF RESIDENCES AT MERCATO, (APPLICATION NUMBER PL20140001634) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — WITHHOLD THE CERTIFICATES OF OCCUPANCY AND DELAY RECORDING OF THE PLAT UNTIL SUITABLE SECURITY AND THE CONSTRUCTION AND MAINTENANCE AGREEMENT ARE APPROVED Item #16A8 RECORD THE MINOR FINAL PLAT OF HOWELL-ROBERTS SUBDIVISION, APPLICATION NUMBER PL20140001528 — LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST Item #16A9 Page 193 January 13, 2015 RESOLUTION 2015-01 : FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF CLASSIC PLANTATION ESTATES, PHASE THREE, APPLICATION NUMBER AR-7433 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A10 CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $19,560 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH TAMIAMI HYUNDAI, EARLY WORK AUTHORIZATION (EWA) PL20130001223 — THE GROWTH MANAGEMENT DIVISION APPROVED THE SITE DEVELOPMENT PLAN ON SEPTEMBER 10, 2014, NO LONGER REQUIRING THE SECURITY Item #16A11 CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $16,400 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH HACIENDA LAKES OF NAPLES PHASE 2, EARLY WORK AUTHORIZATION (EWA) PL20130002722 — THE BOARD APPROVED FINAL PLAT AND CONSTRUCTION PLANS ON SEPTEMBER 9, 2014, NO LONGER REQUIRING THE SECURITY Page 194 January 13, 2015 Item #16Al2 CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $69,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.082, (PL20130000589) FOR WORK ASSOCIATED WITH HACIENDA LAKES OF NAPLES, PHASE 2 — THE WORK HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS ASSOCIATED WITH THIS SECURITY Item #16A13 EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 145RDUE2), REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST (PROJECT NO. 60040.) ESTIMATED FISCAL IMPACT: $2,227 — FOLIO #37282760005 Item #16A14 RESOLUTION 2015-02: A RESOLUTION ADOPTING THE GROWTH MANAGEMENT DIVISION TITLE VI PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN TITLE 49 CODE OF FEDERAL REGULATIONS PART 21 FOR COMPLIANCE WITH ONGOING RECEIPTS OF FEDERAL DEPARTMENT OF TRANSPORTATION GRANT FUNDING Item #16A15 AWARD CONTRACT NO. 14-6319 FOR VERIFICATION Page 195 January 13, 2015 TESTING SERVICES FOR COLLIER BOULEVARD & GREEN BOULEVARD TO ALLIED ENGINEERING & TESTING, NOW KNOWN AS GFA INTERNATIONAL, INC. (PROJECT #68056) (FISCAL IMPACT $350,000) — THIS PROCESS COMPARES TEST DATA AND CONFIRMS COMPLIANCE WITH CONTRACT REQUIREMENTS Item #16A16 COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AN ORDINANCE DISSOLVING THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT Item #16A17 AWARD ITB NO. 14-6346, TRAFFIC OPERATIONS SIGNAL COMPONENTS, TO THE FOLLOWING VENDORS: MULTICOM INC., TRANSPORTATION CONTROL SYSTEMS, PEEK TRAFFIC CORPORATION, EXPRESS SUPPLY, TEMPLE INC., TRAFFIC SIGNAL INC. - FOR THE INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL DEVICES Item #16A18 UPDATE THE ESTIMATED ANNUAL EXPENDITURE FOR CONTRACT NO. 14-6229, "INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY LIGHTING," TO INCLUDE WORK FOR THE EMERGENCY VEHICLE SIGNAL PRIORITY SYSTEM, WITHIN THE APPROVED FISCAL YEAR BUDGET — ADDITIONAL FUNDS Page 196 January 13, 2015 OF $400,000 ARE AVAILABLE IN THE INTERSECTION SAFETY AND CAPACITY FUND NO. 60016 Item #16A19 — Continued to the January 27, 2015 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE THE TERMINATION OF A 2005 DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES SYNDICATIONS, LLLP AND APPROVE A REPLACEMENT DEVELOPER AGREEMENT BETWEEN THE COUNTY AND THE NEW DEVELOPER, ARGO WARM SPRINGS LLC, TO AMONG OTHER THINGS DESIGN, PERMIT AND CONSTRUCT OF A PORTION OF WOODCREST DRIVE Item #16A20 THE LOWEST BID ITEM PRICES, WHICH HAVE BEEN DETERMINED TO BE REASONABLE BY THE COUNTY, FOR THE DEVELOPER TO FUND, DESIGN, PERMIT AND CONSTRUCT A PORTION OF RATTLESNAKE HAMMOCK ROAD EAST OF COLLIER BOULEVARD IN A MANNER CONSISTENT WITH THE DEVELOPER AGREEMENT BETWEEN HACIENDA LAKES OF NAPLES, LLC (DEVELOPER) AND COLLIER COUNTY (COUNTY) — BETWEEN THE ROAD LEADING INTO THE SWAMP BUGGY PROPERTY AND THE PROPOSED BENFIELD ROAD Item #16A21 THIS ITEM CONTINUED FROM THE DECEMBER 9, 2014 BCC Page 197 January 13, 2015 MEETING. THE AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) Item #16A22 CHAIRMAN TO EXECUTE FDEP AGREEMENT #14C01 FOR COST SHARE FUNDING WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - DIVISION OF WATER RESOURCES BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR THE FY 2013 COLLIER COUNTY BEACH NOURISHMENT PROJECT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — FOR THE RENOURISHMENT OF VANDERBILT, PARK SHORE AND NAPLES BEACHES Item #16A23 EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 206RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST (PROJECT NO. 60040) (FISCAL IMPACT: APPROXIMATELY $78,727) — FOLIO 39203960002 Item #16A24 RESOLUTION 2015-03: POST PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE MAINTENANCE OF Page 198 January 13, 2015 THE INTERSECTION IMPROVEMENTS ON PINE RIDGE ROAD AT US 41, UPON COMPLETION OF THE FDOT INTERSECTION IMPROVEMENTS PROJECT, FINANCIAL PROJECT NO. 435393-132/52/62-01, AND A RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT Item #16A25 RESOLUTION 2015-04: DECLARING A PUBLIC HEARING ON FEBRUARY 10, 2015 TO CONSIDER VACATING A PORTION OF VETERANS MEMORIAL BOULEVARD RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORD BOOK 4829, PAGES 355 THROUGH 357 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (VAC-PL20140002499) Item #16A26 PETITION VAC-PL20140001157, TO QUITCLAIM AND RELEASE THE COUNTY'S INTEREST IN THE 30-FOOT STRIP OF LAND DESCRIBED AS AN EASEMENT FOR PUBLIC RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 160, PAGE 197 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A - PARCEL ID #00190640008 Item #16A27 Page 199 January 13, 2015 STANDARD ZERO-DOLLAR CONSTRUCTION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (HEREINAFTER "FDOT") PERTAINING TO THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF SR 951 AND FIDDLERS CREEK PARKWAY, WHICH FDOT SLIGHTLY MODIFIED AFTER BOARD APPROVAL TO REFERENCE THE FINAL CONTRACT CONSTRUCTION PLANS AS ATTACHED TO AND INCORPORATED AS PART OF THE AGREEMENT Item #16B1 — Moved to Item #14B1 (Per Commissioner Taylor During Agenda Changes) & — Language Corrected (Per Agenda Change Sheet) Item #16B2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) APPROVE AND AWARD RFP #14-6237 FOR CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES TO AMEC ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR THE IMMOKALEE STORMWATER IMPROVEMENTS — PHASE II (IMMOKALEE DRIVE) PROJECT AND AUTHORIZE THE BOARD CHAIR TO EXECUTE THE AGREEMENT Item #16B3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) APPROVE AND AWARD RFP #14-6252 FOR Page 200 January 13, 2015 CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES TO AMEC ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR THE COLORADO AVENUE IMPROVEMENTS PROJECT AND AUTHORIZE THE BOARD CHAIR TO EXECUTE THE AGREEMENT Item #16C1 A $646,100 WORK ORDER TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION NUMBER #14-6213-10 TO INSTALL FOUR WASTEWATER FORCE MAINS NEAR THE IMMOKALEE ROAD/COLLIER BOULEVARD INTERSECTION, FORCE MAIN TECHNICAL SUPPORT PROJECT NUMBER 70044 — THE IMPROVEMENTS ARE SCHEDULED TO START MAY 2015 AND INCLUDE AN IRRIGATION QUALITY WATER MAIN AND A POTABLE WATER MAIN Item #16C2 CHANGE ORDER TO INCREASE THE ANNUAL ESTIMATED NOT TO EXCEED AMOUNT FOR CONTRACT NUMBER 11- 5698 WITH N. HARRIS COMPUTER CORPORATION BY $104,000 FOR MAINTENANCE, HOSTED CREDIT CARD PAYMENT PROCESSING AND TECHNICAL SERVICES DUE TO AN INCREASING VOLUME OF PAYMENTS VIA THE WEB AND TELEPHONE, AND FOR PROGRAMMING SERVICES TO DEVELOP CRITICAL INTERFACES WITH CITY WORKS SOFTWARE TO SUPPORT FULL-SCALE IMPLEMENTATION PROJECT NUMBER 2 WITHIN THE ASSET MANAGEMENT Page 201 January 13, 2015 PROJECT — DUE TO THE INTEGRATION OF CITY WORKS ASSET MANAGEMENT WORK ORDER SYSTEM Item #16C3 AWARD BID NO. 14-6327, "ELEVATOR AND STAIRS FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY," TO HEATHERWOOD CONSTRUCTION COMPANY, IN THE AMOUNT OF $495,623 FOR PROJECT NO. 73969, SOUTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT FOR ADA, FIRE AND BUILDING CODE COMPLIANCE AND SAFETY ENHANCEMENTS Item #16C4 AWARD CONTRACT #14-6353, FINANCIAL CONSULTING SERVICES, TO PUBLIC RESOURCES MANAGEMENT GROUP, INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT — TO PERFORM USER RATE STUDIES, IMPACT FEE RATE STUDIES AND OTHER TYPES OF FINANCIAL ANALYSES Item #16C5 AWARD BID #14-6262, "COLLECTION AND RECYCLING OF LATEX PAINT," TO SCOTT PAINT COMPANY, INC., AS THE PRIMARY VENDOR, AND TO CLARK ENVIRONMENTAL, INC., AS THE SECONDARY VENDOR — A TWO YEAR CONTRACT FOR RECYCLING LATEX PAINT AND PAINT CONTAINERS; IN 2014 APPROXIMATELY 382,000 POUNDS OF LATEX PAINT AND CONTAINERS WERE RECYCLED Page 202 January 13, 2015 Item #16C6 SELECTION COMMITTEE RANKINGS AND TO ENTER INTO CONTRACT NEGOTIATIONS WITH CDM SMITH, INC., FOR REQUEST FOR PROPOSAL NO. 14-6287, DESIGN AND RELATED SERVICES FOR DEEP INJECTION WELLS (PROJECT NUMBER 70104) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C7 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WORK ORDER/CHANGE ORDER IN THE AMOUNT OF $142,128 RELATED TO THE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (UWHCA) BETWEEN THE FDOT AND THE COLLIER COUNTY WATER-SEWER DISTRICT (CCWSD) FOR THE RELOCATION OF CCWSD UTILITIES ALONG U.S. 41 BETWEEN COUNTY ROAD 951 AND GREENWAY ROAD (PROJECT #70045) — FOR THE GROUTING AND ABANDONMENT OF AN UNFORESEEN ABANDONED 9,400 FOOT EIGHT-INCH WATER MAIN WITHIN THE PROJECT LIMITS Item #16D1 RELEASE OF LIEN FOR PAYMENT OF A COUNTYWIDE IMPACT FEE DEFERRAL AGREEMENT OBLIGATION — FOR PROPERTY LOCATED AT 4420 BOTANICAL PLACE, UNIT 103, NAPLES Page 203 January 13, 2015 Item #16D2 THE FY 14-15 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE PROGRAM GRANT AWARD IN THE AMOUNT OF $58,298, WHICH INCLUDES A LOCAL MATCH OF $5,830 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS AND APPROVE THE PURCHASE OF ONE PARATRANSIT VEHICLE UTILIZING THOSE FUNDS Item #16D3 AWARD INVITATION TO BID #15-6373 SENIOR FOOD PROGRAM TO G.A. FOODS SERVICE INC. AND AUTHORIZE THE CHAIRMAN TO EXECUTE A COUNTY ATTORNEY APPROVED CONTRACT — TO AVOID A LAPSE IN SERVICE TO OVER 200 SENIORS AT CONGREGATE MEAL SITES AND 100 HOMEBOUND SENIORS Item #16D4 RELEASE OF LIEN FOR REPAYMENT OF AN OBLIGATION UNDER A COUNTYWIDE IMPACT FEE DEFERRAL AGREEMENT — LOCATED AT 9059 GERVAIS CIRCLE #1306, NAPLES Item #16D5 — Moved to Item #11D (Per Agenda Change Sheet) Item #16D6 — Moved to Item #11F (Per Commissioner Taylor During Agenda Changes) Page 204 January 13, 2015 Item #16D7 AWARD INVITATION TO BID NO. 15-6386 FOR FITNESS EQUIPMENT FOR EAGLE LAKES PARK TO COMMERCIAL FITNESS PRODUCTS, INC. — FOR THE NEWLY CONSTRUCTED FITNESS CENTER Item #16D8 TWO STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM RELEASES OF LIEN IN THE AMOUNT OF $17,685.96 FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS WHERE THE OBLIGATION HAS BEEN REPAID IN FULL — LOCATED AT 1159 SERENITY WAY, IMMOKALEE AND AT 5374 SHOLTZ STREET, NAPLES Item #16D9 MODIFICATIONS TO TWO SUBGRANT AGREEMENTS WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY THAT EXTEND THE PROJECT COMPLETION DATE TO JUNE 30, 2015 FOR THE HATCHER'S PRESERVE PROJECT FUNDED WITH DISASTER RECOVERY GRANT - ALLOWING FOR ADDITIONAL TIME TO COMPLETE THE PROJECTS DELAYS IN OBTAINING THE ENVIRONMENTAL APPROVAL Item #16D10 COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE AMENDING THE Page 205 January 13, 2015 CONSERVATION COLLIER ORDINANCE, TO REDUCE THE NUMBER OF MEMBERS ON THE ADVISORY COMMITTEE FROM NINE TO SEVEN AND THE QUORUM REQUIREMENTS FROM FIVE TO FOUR MEMBERS WHEN NOT IN AN ACTIVE ACQUISITION PHASE Item #16D11 EIGHT MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $98, 140 — FOR THE FOLLOWING: RESENDIZ, 1159 SERENITY WAY, IMMOKALEE; BRUNO, 7940 PRESERVE CIRCLE #928, NAPLES; WARREN, 804 PALM RIDGE DR., IMMOKALEE; ESPINOSA, 3530 22ND AVE NE, NAPLES; SILVA, 4744 GEMMER LANE, IMMOKALEE; WALKER, 1225 RESERVE WAY #201, NAPLES; VILLANUEVA, 1601 8TH AVE., IMMOKALEE AND AUGUSTIN, 5374 SHOLTZ STREET, NAPLES Item #16D12 RESOLUTION 2015-05: A RESOLUTION AUTHORIZING THE SUBMITTAL OF A REVISED FEDERAL TRANSIT ADMINISTRATION SECTION 5339 FY2013/2014 GRANT APPLICATION AND APPLICABLE DOCUMENTS AND SUBMIT THEM TO THE FLORIDA DEPARTMENT OF TRANSPORTATION Item #16D13 Page 206 January 13, 2015 RESOLUTION 2015-06 (5310 GRANT), RESOLUTION 2015-07 (5339 GRANT), RESOLUTION 2015-08 (5311 GRANT): AUTHORIZING THE SUBMITTAL OF THE FEDERAL TRANSIT ADMINISTRATION SECTION 5310, 5311 & 5339 FY2015/2016 GRANT APPLICATIONS AND APPLICABLE DOCUMENTS AND SUBMIT THEM TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) Item #16D14 AMENDMENT NUMBER 4 TO THE AGREEMENT WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES TO CONFORM WITH THE MOST RECENTLY APPROVED AHCA/LOW INCOME POOL PROGRAM — SUPPORTING THE THREE PROGRAM AREAS OF ADULT MENTAL HEALTH, ADULT SUBSTANCE ABUSE AND CHILDREN'S MENTAL HEALTH Item #16D15 A BUDGET AMENDMENT RECOGNIZING $62,000 APPROVED FOR REIMBURSEMENT FROM THE GAC LAND TRUST FUND FOR PURCHASE OF FITNESS AND RECREATIONAL EQUIPMENT FOR THE LOUISE HASSE COMMUNITY CENTER Item #16D16 PURCHASE OF ATHLETIC FIELD MARKING PAINT FROM FLORIDA TRANSCOR, INC., UNDER COLLIER COUNTY Page 207 January 13, 2015 CONTRACT NO. 14-6222 — A ONE-TIME PURCHASE AT REDUCED PRICES OF 66 BUCKETS OF WHITE, 9 BUCKETS OF BLUE AND 5 BUCKETS OF YELLOW FOR FUTURE PARKS AND RECREATION EVENTS Item #16D17 — Moved to Item #11C (Per Agenda Change Sheet) Item #16E1 RE-APPROPRIATING $150,000 PREVIOUSLY APPROVED IN FISCAL YEAR 2014, FROM THE GAC LAND TRUST, TO ASSIST THE GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT TO EQUIP PREVIOUSLY ACQUIRED VEHICLES WITH FIREFIGHTING APPARATUS — SERVING THE GOLDEN GATE ESTATES AREA Item #16E2 AFTER-THE-FACT APPROVAL OF THE ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION THAT WAS ELECTRONICALLY SUBMITTED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE OF 88 MOBILE RADIOS AND 100 PORTABLE RADIOS IN THE AMOUNT OF $717,374 ($652,159 GRANT AND $65,215 COUNTY MATCH) — REPLACING OLD AND OBSOLETE RADIO EQUIPMENT; BRINGING COMMUNICATIONS INTO COMPLIANCE WITH NEW FCC REGULATIONS Item #16E3 ASSUMPTION AGREEMENT WITH IDSS GLOBAL LLC, AS IT Page 208 January 13, 2015 RELATES TO CONTRACT #12-5939 WEB BASED DESTINATION MANAGEMENT SYSTEM TO PROVIDE THE TOURISM DEPARTMENT WITH A COMPREHENSIVE SUITE OF DIGITAL MARKETING PRODUCTS AND SERVICES — STAFF WAS NOTIFIED OF THE PURCHASE AND NAME CHANGE ON NOVEMBER 1, 2014 Item #16E4 AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION IN THE AMOUNT OF $38,501 ($36,668 GRANT AND $1,833 MATCH) FOR THE PURCHASE OF A VEHICLE EXHAUST EXTRACTION SYSTEM FOR THE OCHOPEE FIRE CONTROL DISTRICT — ENHANCING THE SAFETY AND WELL BEING OF PERSONNEL THAT ARE HOUSED AROUND THE CLOCK AT THE STATION IN EVERGLADES CITY Item #16E5 AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTER'S GRANT IN THE AMOUNT OF $41,006 ($39,054 GRANT AND $1,952 MATCH) FOR THE PURCHASE OF A VEHICLE EXHAUST EXTRACTION SYSTEM FOR THE ISLE OF CAPRI FIRE DISTRICT — ENHANCING THE SAFETY AND WELL BEING OF PERSONNEL THAT ARE HOUSED AROUND THE CLOCK AT THE STATION Page 209 January 13, 2015 Item #16E6 CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT WITH TETRA TECH, INC. AS IT RELATES TO CONTRACT #14-6188 FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ACCEPTABLE MONITORING FOR DISASTER GENERATED DEBRIS — STAFF WAS NOTIFIED OF THE PURCHASE AND SUBSEQUENT NAME CHANGE ON AUGUST 18, 2014 Item #16E7 ASSUMPTION AGREEMENT WITH HAWKINS, INC. (REGISTERED IN FLORIDA AS HAWKINS WATER TREATMENT GROUP, INC.) D/B/A THE DUMONT COMPANY AS IT RELATES TO CONTRACT 12-5845/12-5845R TO PROVIDE COUNTYWIDE CHEMICALS FOR USE BY THE PUBLIC UTILITIES DIVISION TO ENSURE FULLY COMPLIANT WATER, WASTEWATER, AND IRRIGATION QUALITY WATER SERVICES — STAFF WAS NOTIFIED OF THE PURCHASE AND NAME CHANGE ON OCTOBER 9, 2014 Item #16E8 ACCEPT REPORTS AND RATIFY STAFF APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF NOVEMBER 18, 2014 TO DECEMBER 16, 2014 Item #16E9 — Moved to Item #11E (Per Agenda Change Sheet) Item #16F1 Page 210 January 13, 2015 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — FROM THE MSTD ROAD AND BRIDGE FUND NO. 112 THAT WILL BE USED TO REPLACE PLANT MATERIAL THAT WERE DAMAGED BY TRAFFIC ACCIDENTS Item #16F2 RESOLUTION 2015-09: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F3 TOURISM DEPARTMENT'S APPLICATION FOR A VISIT FLORIDA GRANT TO SUPPORT FUTURE MARKETING FOR MEDICAL MEETINGS IN THE TOTAL AMOUNT OF $40,000 AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE APPLICATION AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM - OFFSETTING THE COST TO MEETING ATTENDEES FOR THEIR TRANSPORTATION, FOOD AND BEVERAGE COSTS ASSOCIATED WITH THESE MEETINGS Item #16G1 EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH THE FLORIDA Page 211 January 13, 2015 DEPARTMENT OF MILITARY AFFAIRS AT THE IMMOKALEE AIRPORT — WITH THE LEASE EXPIRING ON OCTOBER 31, 2015 AND MAY BE RENEWED FOR FOUR ADDITIONAL ONE YEAR TERMS Item #16G2 EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH FOGARTY FLYING SERVICES AT THE MARCO ISLAND EXECUTIVE AIRPORT — THE TENANT HAS REQUESTED TO RELOCATE TO A LARGER OFFICE THAT HAS BECOME AVAILABLE Item #16G3 EXECUTE A COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL, INC., AT THE MARCO ISLAND EXECUTIVE AIRPORT — PROVIDING FLIGHT INSTRUCTION, AIRCRAFT RENTAL AND AERIAL SIGHTSEEING TOURS Item #16G4 EXECUTE A FIRST AMENDMENT TO T-HANGAR LEASE AGREEMENT WITH MARVIN COURTRIGHT AND TO APPROVE AND EXECUTE A FIRST AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT WITH MARVIN COURTRIGHT D/B/A HUMMINGBIRD FLIGHT SERVICE LLC AT THE IMMOKALEE AIRPORT — PROVIDING GROUND INSTRUCTION, FLIGHT Page 212 January 13, 2015 INSTRUCTION, AIRCRAFT RENTAL, AERIAL SIGHT SEEING, BI-ANNUAL FLIGHT REVIEWS AND LIGHT SPORT PLANE PILOT CERTIFICATION Item #16G5 EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH PHELPS COLLINS AVIATION, INC. D/B/A AVIATION NORTH AT THE MARCO ISLAND EXECUTIVE AIRPORT — PROVIDING COMMERCIAL CHARTER FLIGHTS Item #16G6 AA RESOLUTION 2015-10: A RESOLUTION APPROVING THE PROPOSED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2015 Item #16H1 RESOLUTION 2015-11 : REAPPOINTING MEMBERS TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD — RE-APPOINTING MARGARET "PEGGY" HARRIS AND DARRIN S. BROOKS AS RESIDENTS WITHIN THE MSTU, WITH BOTH TERMS EXPIRING ON DECEMBER 31, 2017 Item #16H2 RESOLUTION 2015-12: APPOINT A MEMBER TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY Page 213 January 13, 2015 COMMITTEE — APPOINTING DAN HERRINGTON FILLING A VACANT TERM EXPIRING ON DECEMBER 31, 2015 Item #16H3 RESOLUTION 2015-13 : APPOINT ONE MEMBER TO THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY — APPOINTING LAVIGNE ANN KIRKPATRICK AS THE CITIZEN MEMBER WITH TERM EXPIRING ON DECEMBER 31, 2018 Item #16H4 COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON ON DECEMBER 18, 2014. THE SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HAMILTON HARBOR YACHT CLUB, 7065 HAMILTON AVE., NAPLES Item #16J1 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 4, 2014 THROUGH DECEMBER 10, 2014 Item #16J2 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 11, 2014 THROUGH DECEMBER 17, 2014 Item #16J3 Page 214 January 13, 2015 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 18, 2014 THROUGH DECEMBER 23, 2014 Item #16J4 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 24, 2014 THROUGH DECEMBER 31, 2014 Item #16J5 DISBURSEMENTS FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JANUARY 7, 2015 Item #16J6 — Moved to Item #13A (Per Agenda Change Sheet) Item #16K1 RETENTION AGREEMENT FOR LEGAL SERVICES WITH MCLAUGHLIN & STERN, LLP — FOR THEIR KNOWLEDGE AND EXPERTISE CONCERNING THE PROCUREMENT OF BIOREACTOR AND SOLID WASTE CONSTRUCTION PROJECTS Item #16K2 — Moved to Item #12A (Per Commissioner Hiller During Agenda Changes) Item #16K3 — Language Added (Per Agenda Change Sheet) COUNTY ATTORNEY TO ADVERTISE AND BRING BACK TO THE BOARD OF COUNTY COMMISSIONERS FOR FUTURE Page 215 January 13, 2015 CONSIDERATION AN AMENDMENT TO THE COLLIER COUNTY LITTER, WEED, AND EXOTICS CONTROL ORDINANCE (ORDINANCE NO. 2005-44, AS AMENDED) INTENDED TO DEFINE AND REGULATE THE COMPOSTING OF ORGANIC MATERIALS ON RESIDENTIAL OR ESTATES PROPERTIES Item #17A ORDINANCE 2015-01 : AN ORDINANCE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS COLLIER 36 RPUD TO ALLOW DEVELOPMENT OF UP TO 40 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) AND NORTH OF BUCKS RUN DRIVE IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10± ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PUDZ-PL20140000340] Item #17B Page 216 January 13, 2015 RESOLUTION 2015-14: PETITION VAC-PL20140002509 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 10-FOOT UTILITY EASEMENT RUNNING THROUGH TRACT R OF LAKESIDE OF NAPLES AT CITRUS GARDENS, AS RECORDED IN PLAT BOOK 15, PAGES 83 THROUGH 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item 417C RESOLUTION 2015-15: A RESOLUTION DESIGNATING PROPERTY COMMONLY KNOWN AS MAR-GOOD HARBOR PARK, FORMERLY THE MAR-GOOD RESORT PROPERTY, AS A HISTORICALLY SIGNIFICANT SITE, PURSUANT TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION REGULATIONS AS PROVIDED IN SECTION 2.03.07.E OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED IN GOODLAND IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.62 ACRES [PETITION HD-2006-AR-10679] Item #17D RESOLUTION 2015-16: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 201.4-15 ADOPTED BUDGET Page 217 January 13, 2015 Item #17E ORDINANCE 2015-02: AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY ANTI-HARASSMENT ORDINANCE, MAKING IT A MISDEMEANOR TO HARASS A BICYCLIST, PEDESTRIAN, RUNNER, OR A PERSON IN A WHEELCHAIR USING THE PUBLIC RIGHT-OF-WAY Item #17F ORDINANCE 2015-03: AN ORDINANCE REPEALING ORDINANCE NO. 87-65, IN ITS ENTIRETY, AS CODIFIED IN SECTION 2-396 OF THE CODE OF LAWS AND ORDINANCES (INVESTMENT, REIMBURSEMENT OF SURPLUS PUBLIC FUNDS) ***** Page 218 January 13, 2015 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:06 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL rer,a4f TIM NANCE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK C \.k ;0' b/AMA,IIP MOM as to Chairman's signature only." These minutes approved by the Board on Fthruvi1' 1 j cUI , as presented or as corrected Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 219