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BCC Minutes 09/08/2015 R BCC REGULAR MEETING MINUTES SEPTEMBER 8, 2015 September 8, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 8, 2015 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tim Nance Donna Fiala Tom Henning Georgia Hiller Penny Taylor ALSO PRESENT: Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority c t 1.a,; (.41 _� ♦ . AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 08, 2015 9:00 AM Commissioner Tim Nance, District 5— BCC Chair Commissioner Donna Fiala, District 1 —BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller, District 2 — Community & Economic Dev. Chair Commissioner Tom Henning, District 3 — PSCC Vice-Chair Commissioner Penny Taylor, District 4— TDC Chair; CRA Vice-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 September 8, 2015 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Beverly Duncan - Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. June 23, 2015 - BCC/Regular Meeting Minutes C. June 25, 2015 - BCC/Budget Workshop Page 2 September 8, 2015 D. July 7, 2015 - BCC/Regular Meeting Minutes E. July 20, 2015 - BCC/Special Meeting Minutes 3. SERVICE AWARDS - EMPLOYEE A. 20 Year Attendees 1) Marcia Kendall-Development Review 2) Gregory Yanda-Wastewater B. 25 Year Attendees 1) Ivette Monroig-Development Review C. 30 Year Attendees 1) Nancy Frye-Traffic Operations 2) David Weeks-Comprehensive Planning 4. PROCLAMATIONS A. Proclamation designating September 7-11, 2015 as "2015 Industry Appreciation Week." To be accepted by John Cox, President and CEO, The Greater Naples Chamber of Commerce; Kristi Bartlett, Vice President, Opportunity Naples, The Greater Naples Chamber of Commerce; Julie Schmelzle, Chairman, Opportunity Naples; and Opportunity Naples Board members. B. Proclamation recognizing the United Way of Collier County for their outstanding contributions to the community and to wish them yet another year of great success as they kick off the 2015-2016 campaign. To be accepted by Steve Carrell, Public Services Department Head; Hailey Alonso, Operations Analyst; Steve Sanderson, United Way Executive Director; Brandon Box, United Way Board Member; Ann Bares, Vice President of Volunteer Engagement for the United Way; and United Way board members. Page 3 September 8,2015 C. Proclamation designating September 13, 2015 as "Stuff the Bus Day," in recognition of a community effort to "Stuff the Bus" with non-perishable food to replenish the local food bank and feed the hungry in Collier County. To be accepted by Steve Carnell, Public Services Department Head; Michelle Arnold, Public Transit and Neighborhood Engagement Division Director; Corine C. Williams, Collier County Public Transit Manager; Joyce H. Jacobs, Harry Chapin Food Bank Associate Director; Karole Davis, Manager with Harry Chapin Food Bank; Tony Velez, Publix; Steve Sanderson, United Way Executive Director; Brandon Box, United Way Board Member and Ann Bares, United Way Vice President of Volunteer Engagement. D. Proclamation designating September 21-25, 2015 as "Injury Prevention Week" in Collier County, further honoring the Collier Injury Prevention Coalition for its dedication and service to bringing awareness to this cause. To be accepted by Keith Dameron, Chairman of the Collier Injury Prevention Coalition. E. Proclamation honoring the work and contributions of the Collier County One Hundred Club and its dedication to care for our first responders and their families. To be accepted by Pat O'Connor, President of The Collier County One Hundred Club, and Scott Salley, Collier County One Hundred Club Board Member. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for September 2015 to the Seminole Casino Hotel Immokalee. To be accepted by Tony Alves, General Manager, Seminole Casino Hotel Immokalee; Jim Gibson, Director of Marketing, Seminole Casino Hotel Immokalee; Cathy Baker, Advertising and PR Manager, Seminole Casino Hotel Immokalee; Kristi Bartlett, Vice President, Opportunity Naples, The Greater Naples Chamber of Commerce; and Andrea Sturzenegger, Vice President, Membership and Marketing, The Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS A. Public Petition request from Neil Dorrill requesting that the Board of County Commissioners direct staff to measure the public interest in creating a taxing district for a potential water project in the Pine Ridge community. Page 4 September 8, 2015 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 Items #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider Adoption of an Ordinance establishing the Winding Cypress Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Board of County Commissioners direct staff to solicit proposals from qualified firms and approve funding to update the Jail Master Plan. (Commissioner Henning) B. Recommendation that the Board of County Commissioners approves adding an agenda item to the September 10, 2015 legislative workshop for the Conservancy of Southwest Florida to present a ten minute informational presentation proposing environmentally responsible legislative priorities for consideration in the 2016 legislative session. (Commissioner Taylor) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve an Interlocal Agreement with Greater Naples Fire Rescue District to provide fire services to the Isles of Capri Fire District and to support legislation to annex the Isles of Capri Fire District and Collier County Fire District (District One) into the Greater Naples Fire Rescue District. (Len Golden Price, Administrative Services) 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 consider the North Collier Fire Control and Rescue District's request to expand their service area to Page 5 September 8, 2015 include the former Big Corkscrew Island Fire Control and Rescue District; renew the annual Certificate of Public Convenience and Necessity (COPCN) for non-transport Advanced Life Support (ALS) services; and, if the service area is expanded, approve an Amendment to the Interlocal Agreement Advanced Life Support Partnership Between Collier County and Big Corkscrew Island Fire Control and Rescue District. (Dan E. Summers, Director of Bureau of Emergency Services) C. Recommendation to approve the award of RFP #15-6424, Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs, to Medical Transportation Management, Inc. dba Southeast MTM, Inc. (MTM) for Scheduling and Dispatch Services and to MV Transportation, Inc. for Transit Operation Services in the aggregate amount of$6,439,091 for FY16. (Michelle Arnold, Public Transit and Neighborhood Enhancement Division) D. Recommendation to approve a scope of work and an out-of-cycle Collier County Tourist Development Council Category "A" Grant Application for improvements to Clam Pass Beach Park for Fiscal Year 2015/2016 in the total amount of$1,160,000, to authorize necessary budget amendment and to make the finding that this expenditure promotes tourism. (Barry Williams, Parks and Recreation Division Director) E. Recommendation to award Request for Quote #15-6511, "Public Utilities Term Loan," to Bank of America, N.A. as the qualified financial institution to provide a fixed interest rate, non-bank qualified term loan, in an amount not to exceed $18,000,000, to provide partial refunding of the Collier County Water-Sewer District's Water and Sewer Revenue Bonds, Series 2006, to achieve debt service savings of approximately $1.18 million. (Joe Bellone, Public Utilities Department Director) F. Recommendation to consider a request from the Southwest Florida Regional Planning Council (SWFRPC) for a onetime assessment to fund a loan balloon payment for the real property at their headquarters. (Nick Casalanguida, Deputy County Manager) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 6 September 8, 2015 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the CRA (Community Redevelopment Agency) Board to review and discuss options to market and sell, or develop through a public-private partnership, the CRA-owned property identified in the Redevelopment Plan for development of a catalyst project and provide the proper authorizations to facilitate the same. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$2,981,600 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20120001253) for work associated with Esplanade Golf and Country Club. 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$419,280 which was posted as a guaranty for Excavation Permit Number 60.082-1, (PL20120002539) for work associated with Esplanade at Hacienda Lakes, Phase One. 3) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$430,080 on behalf of Barron Collier Investments, LTD., pursuant to applicable provisions of the Page 7 September 8, 2015 Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements associated to PL20130001998. 4) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$795,600 which was posted as a guaranty for Excavation Permit Number 59.375-4, PL20130002036 for work associated with Oyster Harbor at Fiddler's Creek, Phase 1. 5) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$16,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150000956) for work associated with Mercedes-Benz North Naples. 6) Recommendation to grant final approval of the landscaping improvements for the final plats of Reflection Lakes at Naples Phases 3F (AR-7826) Phase 3G (AR-7776), Phase 3H (AR-7777) and Phase 3K (AR-7827) and authorizing the release of the maintenance securities. 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 Winding Cypress Unit 3, (Application Number PL20150000444) 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 Spanish Oaks, Application Number 2015000859. 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Artesia Naples, Phase 3A, Application Number PL20150001403. Page 8 September 8,2015 10) 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 Wing South Airpark Extension, (Application Number PL20150001055) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11) 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 Estilo Acres, (Application Number PL20130002583) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12) 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 Montiano, (Application Number PL20140002750) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade Golf and Country Club of Naples Blocks "D", "F" and "H", (Application Number PL20150001102) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 14) 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 Isles of Collier Preserve Phase 6, (Application Number PL20150000492) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 9 September 8, 2015 15) Recommendation to grant final approval of the public roadway and drainage improvements for the final plats of Riverwood East, Plat Book 13, Page 13, Riverwood East Unit No. 2, Plat Book 13 Page 112, Riverwood East Unit No. 3, Plat Book 14, Page 90, Riverwood Unit Two, Plat Book 10, Page 90, and acceptance of the maintenance responsibility for these improvements within the public rights-of-way. 16) Recommendation to approve final acceptance of the privately owned water and sewer utility facilities for Royal Palm Academy, PL20140000390, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$10,748.67 to the Project Engineer or the Developer's designated agent. 17) Recommendation to approve final acceptance of the water and sewer utility facilities for Vercelli Phase 2, PL20120002526, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 18) Recommendation to approve final acceptance of the privately owned water and sewer utility facilities for Treviso Bay - Di Napoli, PL20120002541, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$10,673.47 to the Project Engineer or the Developer's designated agent. 19) Recommendation to approve and authorize the Chairman to sign two Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Wentworth Estates Community Development District (CDD) , in order to reconvey to the CDD all irrigation utility facilities associated with the development projects at Vercelli, PL20130002056, and Lipari-Ponziane, PL20130002052, which were previously erroneously conveyed to the County. 20) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the Marabella Isles Homeowners Association, Inc. for landscape improvements within the Livingston Page 10 September 8,2015 Road Public Right-of-Way. 21) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the Sienna Reserve Homeowners Association, Inc. for a landscape planting within the Livingston Road right-of-way. 22) Recommendation to approve a budget amendment in the amount of $147,071 transferring funds from Water Pollution Control Fund 114 Reserves to the FY15 Operating Expense Budget of Fund 114 to purchase a replacement Inductively Coupled Plasma Mass Spectrometer. This action will result in no impact to the General Fund. 23) Recommendation to approve the release of(2) code enforcement liens with a combined accrued value of$185,183.11 for payment of $2,283.11, in the code enforcement actions entitled Board of County Commissioners v. Jerry Delashment et ux., Code Enforcement Special Magistrate Case Nos. CESD20130003907 and CEPM20130003856, relating to property located at 1391 13th Avenue N., Collier County, Florida. 24) Recommendation to approve the release of a code enforcement lien with an accrued value of$24,515.18 for payment of$565.18, in the code enforcement action entitled Board of County Commissioners v. Gregory Westgate, Code Enforcement Special Magistrate Case No. CEROW20120004308, relating to property located at 129 4th Street, Collier County, Florida. 25) Recommendation to approve the release of a code enforcement lien with an accrued value of$96,979.28 for payment of$679.28, in the code enforcement action entitled Board of County Commissioners v. Hector Oroso and Jacqui Hamilton, Code Enforcement Special Magistrate Case No. CEPM20130011657, relating to property located at 3043 44th St. SW, Collier County, Florida. 26) Recommendation to approve the release of a code enforcement lien with an accrued value of$11,739.49 for payment of$1,439.49, in the code enforcement action entitled Board of County Commissioners v. Page 11 September 8,2015 Bryon Goldizen and Stephanie Goldizen, Code Enforcement Special Magistrate Case No. CEPM20090015934, relating to property located 3036 Olde Cove Way, Collier County, Florida. 27) Recommendation to approve the release of two (2) code enforcement liens with a combined accrued value of$570,563.75 for payment of $1,013.75, in the code enforcement actions entitled Board of County Commissioners v. Teresita Pino, Code Enforcement Special Magistrate Case No. CEPM20130008117 and Code Enforcement Board Case No. CEPM20140000021, relating to property located at 4261 1st Avenue SW, Collier County, Florida. 28) Recommendation to approve the release of a code enforcement lien with an accrued value of$80,780 for payment of$530, in the code enforcement action entitled Board of County Commissioners v. VP Office Holdings, LLC, Code Enforcement Board Case No. CESD20120000116, relating to property located at 2244 Venetian Court (Folio No. 00237600008), Collier County, Florida. 29) Recommendation to approve the release of a code enforcement lien with an accrued value of$247,080.57 for payment of$530.57, in the code enforcement action entitled Board of County Commissioners v. Maykol Calderon, Code Enforcement Board Case No. CESD20110009230, relating to property located at 1281 27th Street SW, Collier County, Florida. 30) Recommendation to approve the release of a code enforcement lien and duplicate lien with an accrued value of$161,512.29 for payment of$1,112.29, in the code enforcement action entitled Board of County Commissioners v. Jorge Hernandez, Code Enforcement Special Magistrate Case No. CESD20110001314, relating to property located at 185 31st Street NW, Collier County, Florida. 31) Recommendation to approve the release of a code enforcement lien with an accrued value of$37,500, in the code enforcement action entitled Board of County Commissioners v. J. Peaceful, L.C., Code Enforcement Board Case No. CESD20090012961, relating to property located at 7770 Preserve Lane, Collier County, Florida. 32) Recommendation to award Bid #15-6445 to Traffic Control Products Page 12 September 8, 2015 of Florida for the "Advance Intersection Signs" project, pursuant to a Board approved Local Agency Program Agreement (LAP) with the Florida Department of Transportation, in the amount of$327,143 (Project #33335). 33) Recommendation to approve an Easement Agreement authorizing purchase and acceptance of a Drainage, Access, and Maintenance Easement (Parcel 259DAME) and a Temporary Construction Easement (Parcel 259TCE) required for the construction of storm water improvements known as the Wing South segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated Fiscal Impact: $505,150. 34) Recommendation to approve final acceptance and accept unconditional conveyance of the potable water utility facilities for Piacere (Lot 18), PL20130001695, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$5,193.88 to the Project Engineer or the Developer's designated agent. 35) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Copper Cove Preserve Application Number AR-7528 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 36) Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $331,363 for the construction and construction engineering inspection of intersection improvements on Golden Gate Parkway at Livingston Road and to authorize the necessary budget amendment. (Project #33431) 37) Recommendation to delegate to the County Manager or his designee the authority to execute Excavation, Early Work Authorization, and Site Development Plan Performance Agreements on behalf of the Board of County Commissioners. 38) Recommendation to approve Change Order No. 4 to Contract No. 12- 5901 in the amount of$259,946.47 with Atkins North America, Inc., Page 13 September 8, 2015 for Construction, Engineering and Inspection (CEI Services) for the US 41 & SRJCR 951 Intersection Improvements and SR 951 3R Improvements (the Project); Project No. 60116. 39) 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 Del Webb Naples Parcel 102, Phase 1 Replat, Application Number PL20150001299. 40) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Marbella Lakes, PL20110001959, and to authorize the County Manager, or his designee, to release the Final Acceptance Obligations Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 41) Recommendation to approve final acceptance of the privately owned water and sewer utility facilities for Greenlinks Golf Villas (aka Double Tee Golf Resort), PL20110002546, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) in the total amount of$30,898.20 to the Project Engineer or the Developer's designated agent. 42) Recommendation to approve easement agreements for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 117RDUE) and a Temporary Bridge Construction Easement (Parcel 117TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.) Estimated fiscal impact: $6,530. 43) Recommendation to grant final approval of the public roadway and drainage improvements within the portions of those roadways described in those Quit Claim Deeds recorded in Official Record OR Book 1099, Page 365 and OR Book 1099, Page 366 of the public records, and acceptance of the maintenance responsibility for the improvements. 44) Recommendation to award and authorize the chairman to sign Page 14 September 8,2015 Contract #15-6452, Modeling Services for Surface Water and Groundwater Management to Lago Consulting & Services, LLC for professional surface water and groundwater modeling services for the protection of existing wellfields and future groundwater resources for a not to exceed amount of$216,892.50. 45) Recommendation to provide after-the-fact approval for the submittal of a 2015 Regional Coastal Resilience Grant application sponsored by the National Oceanic and Atmospheric Administration (NOAA) in the amount of$1,373,734 for Phase 1 of the Naples Park Area Stormwater Improvement Project. 46) Recommendation to authorize budget amendments to recognize revenue and transfer funding for projects within Transportation Capital Fund (313) (Projects #69081, #60088, #60066 and #68056.) 47) Recommendation to approve an easement agreement for the purchase of a Drainage and Utility Easement (Parcel 103DUE) required for the construction of drainage and utility improvements at the intersection of Lake Trafford Road (CR 890) and North 19th Street in Immokalee. (Intersection Improvement Project No. 60016.) Estimated fiscal impact: $5,400. 48) Recommendation to approve Amendment No. 02 to Agreement 4600002912 between Collier County and South Florida Water Management District (SFWMD), which modifies the due date for Task 3: Final Construction Completion Report to September 30, 2015 for the 28th Avenue SE Bridge, Project No. 60123. 49) Recommendation to provide after-the-fact approval for the submittal of a 2015 Regional Coastal Resilience Grant application sponsored by the National Oceanic and Atmospheric Administration (NOAA) in the amount of$1,118,340 for the Griffin Road Stormwater Improvement Project. 50) Recommendation to approve Easement Agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 123RDUE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.) Estimated fiscal impact: Page 15 September 8, 2015 $3,600. 51) Recommendation to approve the fourth amendment to the cooperative agreement with the South Florida Water Management District, Agreement No. C-11759, regarding operation and maintenance of designated primary watercourses in Collier County and to approve the granting of an easement for the transfer of operational control and maintenance of a portion of the Cocohatchee Canal to be relocated and a portion of the CR 951 Canal to be extended B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve an agreement between Collier County and the U.S. Department of Housing and Urban Development to accept Community Development Block Grant funds in the amount of $98,050 for the Pineland Avenue Stormwater Improvements, authorize the Chairman of the Board to sign the grant agreement, execute all necessary forms and authorize the necessary Budget Amendment. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Invitation to Bid #15-6486 "NCRWTP Degasification Tower Packing Media Replacement" to WES Industries, Inc. in the amount of$108,000, for the purchase of replacement degasification tower packing media at the North County Regional Water Treatment Plant. 2) Recommendation to approve a $325,248.15 work order, under Request for Quotation #14-6213-36, to Quality Enterprises USA Inc., for the North Reverse Osmosis Wellfield Meter Replacement Project, Project No. 70085. 3) Recommendation to approve a $291,712.34 work order under Request for Quotation #14-6213-40, "Lower Tamiami Aquifer Wellfield Improvements," Project Number 70085, to Quality Enterprises USA, Inc. 4) Recommendation to approve a $672,900 work order under Request for Quotation #14-6213-37, "Pump Replacement Isles of Capri Water Page 16 September 8, 2015 Pump Station," Project Number 71067, to Douglas N. Higgins, Inc., and authorize a $600,000 budget amendment. 5) Recommendation to award bid number 15-6494 in the amount of $967,970 to Quality Enterprises USA, Inc., for the "North County Regional Water Treatment Plant Transfer Pump Upgrades," Project No. 71066; and, authorize a budget amendment in the amount of $750,000. 6) Recommendation to send a letter of support to the United States Department of Agriculture relative to the Immokalee Water and Sewer District's potable water pipe replacement project. 7) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2015 tax year. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a Lease Agreement with the Collier County District School Board to establish an alternate location for a public playground and create an additional soccer field in Immokalee. 2) Recommendation to approve after-the-fact Amendments and Attestation Statements with Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly programs to extend the term of the agreements and ensure continuous funding for FY 2014/2015. 3) Recommendation to approve after-the-fact contracts, attestation statements and budget to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. 4) Recommendation to recognize interest earnings from State Aid to Library Grants and approve a budget amendment in the amount of $854.61. Page 17 September 8, 2015 5) Recommendation to approve three revised standard Collier County Parks and Recreation facility rental agreements to be used as form agreements and authorize the County Manager or his designee to enter into these agreements. 6) Recommendation to authorize a budget amendment in the amount of $160,115.45 transferring funds from Parks and Recreation Boater Improvement Reserves to specific boat ramp improvement projects, all within Parks and Recreation Capital Fund 306. 7) Recommendation to approve a standard Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as a form agreement and authorize the County Manager or his designee to enter into these agreements. 8) Recommendation to approve the State Housing Initiatives Partnership (SHIP) Program Annual Reports and Local Housing Incentive Certifications for Fiscal Years 2011/2012, 2012/2013, and interim Fiscal Years 2013/2014 and 2014/2015 to ensure compliance with program requirements; and approve a budget amendment in the amount of$10,483.76. 9) Recommendation to approve the acceptance of State Housing Initiatives Partnership (SHIP) Program FY15/16 allocation in the amount of$1,636,466 and sign the Fiscal Year 2015-2016 Funding Certification. 10) Recommendation to approve Budget Amendments recognizing $455,461.89 of program income and accepting additional allocation in the amount of$95,884 for Fiscal Years 2014/2015 for the State Housing Initiative Partnership Program. 11) Recommendation to authorize the Chairman to execute five Landlord Payment Agreements allowing the County to administer the Rapid Re-Housing and Homeless Prevention Program through the County's Emergency Solutions Grant Program. 12) Recommendation to approve the Authorizing Resolution and to provide an after-the-fact approval for the submittal of the Shirley Conroy Rural Area Capital Equipment Support Grant in the amount of Page 18 September 8, 2015 $108,728 to the Florida Commission for Transportation Disadvantaged for the procurement of one Glaval Cutaway Transit Vehicle. 13) Recommendation to authorize the necessary budget amendments, in the amount of$2,836,694, for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2015-2016 budget as approved in the HUD Action Plan for entitlement funds and authorize the Chairman to sign the standard HUD entitlement agreements upon arrival. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to adopt a resolution authorizing the cancellation of 2015 taxes upon a fee-simple interest in land Collier County acquired by Warranty Deed for Conservation Collier and without monetary compensation. 2) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution #2004-15 for the third quarter of FY 15. 3) Recommendation to approve the purchase of Group Life insurance, Accidental Death insurance, Long Term Disability insurance and Short Term Disability Claims Administration Services from Aetna in the estimated annual amount of$403,271, a savings of$194,567. 4) Recommendation to recognize interest earned by EMS County Grant revenue and appropriate funds for a total amount of$456.42. 5) Recommendation to authorize the County Manager and staff to use the Federal GSA schedules (i.e., Schedule 70 and 1122 Program), the State of Florida Contracts, Agreements and Price Lists, competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums, competitive solicitations from State of Florida cities, counties, and other public municipalities (i.e., Sheriff's Association; Transit Consortium Bus Page 19 September 8, 2015 Procurement Contract; Library Purchasing Cooperative Consortium) for the efficient purchase of goods and services for the delivery of public services and for which funds were approved in operating budgets; and authorize the County Manager or the designee to sign user agreements or contracts associated with these purchases. 6) Recommendation to accept the donation of labor and materials from the Collier Business Industry Association (CBIA) members to improve the Golden Gate Senior Center, also known as the Old Golden Gate Library. 7) Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Aircraft, Airport and other insurance coverage for FY 2016 in the annual amount of$944,837, a reduction of$23,245. 8) Recommendation to approve an Assumption Agreement with Craftmaster Hardware, LLC as it relates to Request for Quote (RFQ) #13-6071 to provide Countywide locksmith, hardware, parts and equipment for County facilities. 9) Recommendation to approve the purchase of Flood Insurance for Fiscal Year 2016 in the estimated amount of$423,751. 10) Recommendation to award ITB #15-6474, "Medical Director (Part A) for Collier County and Employment Physicals & Drug Testing (Part B)" to Advance Medical Center, LLC. 11) Recommendation to recognize and appropriate revenue for Special Services to the Facilities Management Division Cost Center and approve all necessary Fiscal Year 2014-2015 Budget Amendments. 12) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Uni-Select USA, Inc., to IEH Auto Parts, LLC d/b/a Auto Plus Auto Parts, as it relates to Invitations to Bid #13-6058 "Filters for Fleet Vehicles" and #15-6380 "Original Equipment Manufacturer and Aftermarket Parts for Fleet Parts, Accessories, and Tools." 13) Recommendation to ratify administratively approved work order Page 20 September 8, 2015 modifications and/or contract change orders/Amendments that do not exceed ten percent (10%) of the current Board approved aggregate amount or twenty percent (20%) of the current Board approved schedule (number of days); approve modifications to the current Board approved performance schedules; and approve surplus disposal and revenue disbursement and other items as determined by the County Manager or designee. 14) Recommendation to approve an Assignment of Lease of office space at the Port of the Islands Marina from The Islands Marina, LLC and Port of the Islands Properties, LLC to Prepmac LLC. F. COUNTY MANAGER OPERATIONS 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board"s scheduled recess. (In Absentia Meeting(s) dated July 21, 2015; August 11, 2015; and August 25, 2015). 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 3) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 4) Recommendation to authorize budget amendments appropriating approximately $349,048,090.84 of unspent FY 2015 grant and project budgets into fiscal year 2016. 5) Recommendation to approve the FY 2016 Agreement between the Partnership for Collier's Future Economy, Inc. ("PCFE") and the Board of County Commissioners in continued support of the established public-private partnership designed to advance our community's business and economic development efforts. 6) Recommendation to approve the Third Amendment to the Agreement between Economic Incubators, Inc., the Administrative Entity for the Business Accelerator Project, and the Board of County Page 21 September 8, 2015 Commissioners. 7) Recommendation to approve a successor Agreement between Economic Incubators, Inc. , the Administrative Entity for the Business Accelerator Project, and the Board of County Commissioners for Fiscal Year 2016 and approve necessary budget amendments. 8) Recommendation to approve the Fiscal Year 2016 Agreement between the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners. G. AIRPORT AUTHORITY 1) Recommendation to approve the ranked list of engineering/design professionals for Request for Proposal (RFP) #15-6382-2, "Grant Funded Professional Services for Airports," authorize staff to negotiate contracts with the top ranked firms for subsequent Board approval, and make a finding that this item promotes future development of the County's three airports. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint a member to Conservation Collier Land Acquisition Advisory Committee. 2) Recommendation to appoint one member to the Collier County Public Safety Authority. 3) Request for authorization to advertise for future consideration an Ordinance, that effective January 1, 2016, would allow the County to enforce the posting of public awareness signs at adult entertainment and massage/bodywork establishments alerting employees and patrons to remedies and protections related to human trafficking. 4) Recommendation to appoint two members to the Collier County Citizens Corps. 5) Recommendation to reappoint two members to the Collier County Planning Commission. Page 22 September 8, 2015 6) That the Board of County Commissioners reimburse Commissioner Hiller for the legal fees incurred in successfully defending against two Ethics Complaints MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board of County Commissioners approve the use of $500 from the Confiscated Trust Funds to support the Florida Missing Children's Day Foundation. 2) Recommend that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2015 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant. Sheriff's office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. 3) Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Banyan Woods Master Association, Inc. 4) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the reference disbursements were drawn for the periods between July 1 and August 26, 2015 pursuant to Florida Statute 136.06 . K. COUNTY ATTORNEY 1) Recommendation to approve a Joint Motion and Final Judgment in the amount of$5,000 as a global settlement for Parcels 152SE and 152TCE2 in the eminent domain lawsuit styled Collier County v. Page 23 September 8, 2015 Modelyne Jean Gilles, et al., Case No. 14-CA-764 (Collier Boulevard Project No. 68056). (Fiscal Impact: $3,524). 2) Recommendation to approve a Joint Motion for Final Judgment in the amount of$55,000 for full compensation as well as $8,517 in statutory attorney's fees, expert fees and costs for Parcel 161RDUE in the case styled Collier County v. Tara Chapin, et al., Case No.15-CA- 319 required for improvements to Golden Gate Boulevard (Project No. 60040). Fiscal Impact: $23,822.50. 3) Recommendation to approve Amendment to Agreement for Legal Services relating to Retention Agreement Allen, Norton & Blue, P.A., increasing the rates charged per hour for partners and associates. 4) Recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend Section Fifteen of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended), to conform the County's Preference to Local Businesses in County contracts to recent changes in Florida law. 5) Recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend the Board's Meeting Ordinance (Ordinance No. 75-16, as amended), to provide for Electronic Meetings during when a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances. 6) Recommendation to approve a Joint Motion and Final Judgment in the amount of$90,000 for full compensation, as well as $13,882 in statutory attorney's fees and expert fees, for Parcel 162RDUE in the lawsuit styled Collier County v. Lee McCaskey a/k/a Leon McCaskey, et al., Case No. 15-CA-152 required for roadway and related improvements to Golden Gate Boulevard, Project No. 60040, and approve the payment of attorney's fees for supplemental proceedings in an amount not to exceed $5,000. (Fiscal Impact: 36,687.50) 7) Recommendation to approve a budget amendment for payment for unanticipated litigation support services by professional real estate appraisal experts for the Order of Taking Hearings for the Golden Page 24 September 8,2015 Gate Boulevard Widening Project No. 60040 in an amount not to exceed $812.50. Fiscal Impact $812.50. 8) Recommendation to approve the attached Agreement with LexisNexis to provide online legal research services to the County Attorney's office, and authorize the Chairman to sign the Agreement. 9) Recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 1975-16, as amended, by revising the reconsideration of matters by the Board of County Commissioners 10) Recommendation to approve and authorize the County Attorney's Office to file an Offer of Judgment (settlement offer) to Plaintiffs Alan and Gail Tortolani in the lawsuit styled Alan R. Tortolani and Gail S. Tortolani v. Collier County (Case No. 14-CA-002017), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida 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 Petition VAC- PL20150001030, to disclaim, renounce and vacate the County and the public interest in three (3) Utility Easements as shown and recorded in Official Record Book 4101, page 701, Official Record Book 4171, page 634 & Official Record Book 5065, page 1479 and two (2) Drainage Easements as shown and recorded in Official Record Book 5121, page 1593 & Official Page 25 September 8, 2015 Record Book 5121, page 1734, all in the public records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East, Collier County, Florida. 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- PL20150000772, to vacate a portion of the conservation easements as recorded in Official Record Book 5081, Pages 3259 through 3274, of the public records of Collier County, Florida, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. C. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $21,572,800. D. Recommendation to adopt an Ordinance repealing Ordinance No. 2013-70 and approve a Resolution repealing Resolution 2013-292, both relating to the La Peninsula Seawall Municipal Service Benefit Unit (MSBU), in order to dissolve the MSBU. E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2014-15 Adopted Budget. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Page 26 September 8,2015 September 8, 2015 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Ladies and Gentlemen, welcome back to the Board of County Commission's general meeting schedule for today's meeting of September 8th, 2015. At this time for us to have an orderly meeting, I would request that you all silence all your devices so that we don't get interrupted during the course of our meeting. I appreciate that. It will help us have an orderly meeting. And please join us this morning for the invocation, which will be presented by Reverend Beverly Duncan, the Naples United States Church of Christ, to be followed by the Pledge of Allegiance. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND DUNCAN: Good morning, Commissioners, and all others. Let us pray. Spirit of Love, to you we lift the deliberations of this day as matters of governance and stewardship come before this body, the women and men who are the leaders and caretakers of Collier County. This is in fact an awesome calling and responsibility. So Peaceful Spirit, in the newness of this day and this season, be present among them and guide them as they discern the way ahead. Guide all that they say and do and shape their words and values today and always. Keep us all strong and wise in these turbulent times in our world, and inspire us all to take our parts that none may be overburdened. Creator God, so order life of public governance that our chosen stewards may be ever more effective in showing love to you and all people. We pray today in the name of all that is wise and holy. Amen. Page 2 September 8, 2015 (Pledge of Allegiance was recited in unison.) CHAIRMAN NANCE: Thank you. Mr. Ochs, would you kindly take us through the agenda changes this morning, please, sir. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir. Good morning, Commissioners and welcome back. These are your proposed agenda changes for the Board of County Commissioners meeting of September 8th, 2015. First proposed change is to withdraw Item 11.C. That was a management services contract award that has received a bid protest so the staff needs some time to process that. Again that's Item 11.0 withdrawn at staffs request. The next proposed change is to move Item 16.E.13 from your consent agenda to become Item 11.G. The next proposed change is to move item 16.F.5 to become Item 11.H. That's a partnership agreement with the Partnership for Colliers Future Economy. That's moved at Commissioner Taylor's request. I should back up and tell you that 16.E.13 was moved at Commissioner Henning's request. The next proposed change is to move Item 16.F.6 from your consent agenda to become Item 11.1. That is an amendment to your existing contract with Economic Incubators, the administrative entity for your business accelerator. That's Commissioner Taylor's request. Page 3 September 8, 2015 Next proposed change is to move Item 16.F.7 to become Item 11.J on your regular agenda. That is an agreement for fiscal year '16 to continue the administrative entity agreement for the business accelerator. That's moved at Commissioner Taylor's request. The next proposed change is to move Item 16.F.8 to become Item 11.K on your regular agenda. It's a recommendation to continue the partnership for FY 16 with the Southwest Florida Economic Development Alliance. That is moved at Commissioner Taylor's request. Next proposed change is to move Item 16.E.10 to the regular agenda to become Item 11.L. That item is moved at Commissioner Henning's request. It's a contract for employment physicals and drug testing. The next proposed change is to move Item 16.J.4 from the consent agenda to become Item 13.A. This is a report on expenditures. And this is moved at Commissioner Fiala's request. The next proposed change is to move Item 16.K.9. It will become Item 12.A on your regular agenda. And this is a recommendation to consider a change in the ordinance regarding continuation and reconsideration of matters by the Board of County Commissioners. That's moved at Commissioner Henning's request. We have two time certain items requested this morning, Commissioners. The first is Item 14.B.1 under your Community Redevelopment area section of the agenda. That item is requested to be heard at 11:00 a.m. That's 14.B.1. And that request comes from Commissioner Fiala. And then Item 16.E.13 that was previously announced as moving to Item 11.G, that is the item that Commissioner Henning moved on the -- having to do with changes to work orders. That is requested to be heard at 10:00 a.m. this morning. And I have one agenda note this morning, Commissioners. That's Page 4 September 8, 2015 on Item 16.F.1. That was the compilation of matters approved in absentia over the summer break. There were a couple of changes that came on the HUD contract after that item was given preliminary approval, and those two changes are noted on your change sheet. And those are all the changes that I have, Mr. Chairman. CHAIRMAN NANCE: Thank you. At this time we will go to Commissioners for any additional changes and ex parte disclosure for today's consent agenda. Commissioner Taylor, please. COMMISSIONER TAYLOR: No additional changes. Ex parte, yes. I've had correspondence and calls regarding 11.B. And this is not only taken place last week, but it's for several months now. With staff I've spoken and also with the public. And then correspondence and meetings and emails regarding Winding Cypress. And that's all I've got, thank you. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you very much. I'll mention 11.B when we come to that subject. But on the consent agenda, Item 16.A.7, which is Winding Cypress, I've had a lot of meetings and correspondence, emails, I've met with staff, I've met with Rich Yovanovich, Christy Hastings, Michael Hunnican (phonetic), and I don't know that I've pronounced that correctly. I've gotten emails from residents in the surrounding communities on that one. On 16.A.9, which is the Artesia, I met with Paula Springs, Kindar Hastings, Greg Urbancic, David Caldwell and Paul Earheart. I've had emails as well. Let's see, we go down here to item number 16.A 14, and this is the Isles of Collier Preserve. And I've met with Brian Cale on that one. And then on 16.A.39, that is the Del Webb Naples parcel. I've been invited to a few events and I've had an email from Judy Hushon Page 5 September 8, 2015 about more impact. And was more about impact than anything else, not the project. And I've had meetings and emails. And let's see, I'm sorry that it's so long, but anyway, 16 -- 17.A, which is the summary agenda, and this is the Tallis Park issue, and I've just had meetings on that with Bruce Anderson. And I think that's it for me. CHAIRMAN NANCE: Thank you. As for myself, I've had, on Item 11.B which is regarding the North Collier Fire Control Rescue's request to expand service, I've had phone calls, letters from various interested parties including the fire control distribute, various emails which are all attached, meetings with staff, numerous conversations with constituents. Also, on 9.A, which is Winding Cypress, I've had a meeting with the attorney for the petitioner and no other ex parte disclosure at this time for me. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Good morning. I have had meetings on 11.B and I have no disclosures for any of the other items on the consent agenda. I would like to mention one item, 16.H.3, which is on consent under the Board of County Commissioners. I don't want to pull it but I do want to highlight what we are going to do. I've been working very closely with the shelter and others in the community to develop an ordinance that stems from a statute that was recently passed by our legislature that requires the posting of public awareness signs in strip clubs, massage parlors and emergency rooms of hospitals to allow people if they are aware of any human trafficking to report that to this hotline. So what the legislature did is gave us the power as the Board to make that a requirement and to have enforcement authority over that kind of signage, and this ordinance will take care of that. Page 6 September 8, 2015 We wanted to expand it beyond those locations, and I worked with the shelter and the County Attorney's Office, and while it appears that we could do it, we would be the first in time, and we're going to research it a little bit further because, you know, obviously we don't want to violate the First Amendment on the one hand, but on the other hand to the extent that we can post these signs in other locations where individuals might know of human trafficking going on, the better off we will be in fighting this heinous crime. So I don't want to pull it but I wanted to alert you to it. It will come back for a second reading. And if anybody has any input, feel free to talk to me or talk to Linda or legal aid or our County Attorney about it. It's a very positive ordinance, human trafficking. COMMISSIONER HENNING: Good morning. I have no ex parte communication on today's summary or consent, and I'll give my ex parte on the items on the regular agenda at that time. As far as the one on our consent agenda, and talking to staff, I was wondering if we can put that back on the regular agenda which is 16.E.10. That is proposed to be become 11.A. And the recommendations would be to extend the existing contract for 90 days and give staff direction to look at other alternatives. Can we do that? MR. OCHS: Yes, sir. Actually what we'd like to do is extend for 90 days and negotiate with the second low bidder on that contract to see if we can't bring back an agreement to the Board within that time period. COMMISSIONER HENNING: Okay, with that said can we put that back on the consent with the understanding that we're going to negotiate with the second and extend the existing to 90 days? CHAIRMAN NANCE: Nods from commissioners? COMMISSIONER FIALA: Sure. CHAIRMAN NANCE: Yes. Page 7 September 8, 2015 COMMISSIONER HENNING: Let's do that so we don't have to discuss that. With that, I'll make a motion to approve today's agenda as amended. MR. KLATZKOW: Commissioner Hiller, did you have something else you wanted to say? COMMISSIONER HILLER: Yes. Commissioner Nance, before we vote on the consent, I'd like to recuse myself on Item 16.H.6. CHAIRMAN NANCE: Yes, ma'am. Thank you. COMMISSIONER FIALA: Second the motion. CHAIRMAN NANCE: Second. Any comments? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: It passes unanimously. Thank you very much. Page 8 Proposed Agenda Changes Board of County Commissioners Meeting September 8,2015 Withdraw Item 11C: Recommendation to approve the award of RFP 15-6424,Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Programs,to Medical Transportation Management,Inc.dba Southeast MTM,Inc.(MTM)for Scheduling and Dispatch Services and to MV Transportation,Inc. for Transit Operation Services in the aggregate amount of$6,439,091 for FY16. (Staff's request/Intent to Protest) Move Item 16E13 to Item 11G: Recommendation to ratify administratively approved work order modifications and/or contract change orders/Amendments that do not exceed ten percent(10%)of the current Board approved aggregate amount or twenty percent(20%)of the current Board approved schedule (number of days); approve modifications to the current Board approved performance schedules; and approve surplus disposal and revenue disbursement and other items as determined by the County Manager or designee. (Commissioner Henning's request) Move Item 16F5 to Item 11H: Recommendation to approve the FY 2016 Agreement between the Partnership for Collier's Future Economy,Inc.("PCFE")and the Board of County Commissioners in continued support of the established public-private partnership designed to advance our community's business and economic development efforts. (Commissioner Taylor's request) Move Item 16F6 to Item 111: Recommendation to approve the Third Amendment to the Agreement between Economic Incubators,Inc.,the Administrative Entity for the Business Accelerator Project,and the Board of County Commissioners. (Commissioner Taylor's request) Move Item 16F7 to Item 11J: Recommendation to approve a successor Agreement between Economic Incubators,Inc.,the Administrative Entity for the Business Accelerator Project,and the Board of County Commissioners for Fiscal Year 2016 and approve necessary budget amendments. (Commissioner Taylor's request) Move Item 16F8 to Item 11K: Recommendation to approve the Fiscal Year 2016 Agreement between the Southwest Florida Economic Development Alliance,Inc.and the Board of County Commissioners. (Commissioner Taylor's request) Move Item 16E10 to Item 11L: Recommendation to award ITB 15-6474,"Medical Director(Part A)for Collier County and Employment Physicals&Drug Testing(Part B)"to Advance Medical Center,LLC. (Commissioner Henning's request) Move Item 16J4 to Item 13A: To record in the minutes of the Board of County Commissioners,the check number(or other payment method),amount,payee,and purpose for which the reference disbursements were drawn for the periods between July 1 and August 26,2015 pursuant to Florida Statute 136.06. (Commissioner Fiala's request) Move Item 16K9 to Item 12A: Recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 1975-16,as amended,by revising the reconsideration of matters by the Board of County Commissioners. (Commissioner Henning's request) Proposed Agenda Changes Board of County Commissioners Meeting September 8,2015 Page 2 Time Certain Requests: Item 1411 to be heard at 11:00 a.m.(Commissioner Fiala's request) Note: Item 16F1 (August 11,2015 BCC In Absentia Agenda): Based on HUD's preliminary review of Collier County's FY2015-FY2016 Action Plan,there are two changes that need to be made to the action plan: The following comment from the Proposed Outcome listed on project sheet CDBG15-9 should be removed: Additionally,on page 66 under"Use of Funds Section 2.Overall Benefit"the applicable program years should read:NIA 2015,2016,2017; Both require the Chairman's initials. 9/8/2015 9:18 AM it September 8, 2015 Item #2B, #2C, #2D and #2E MINUTES FROM THE JUNE 23, 2015 BCC REGULAR MEETING; JUNE 25, 2015 BUDGET WORKSHOP; JULY 7, 2015 REGULAR MEETING; AND MINUTES FROM THE JULY 20, 2015 SPECIAL MEETING — APPROVED AS PRESENTED CHAIRMAN NANCE: Is there any public -- excuse me, Mr. Miller, was there any public comment on any consent items? MR. MILLER: No, there were not, Mr. Chairman. CHAIRMAN NANCE: I'm sorry. Thank you, sir. I would entertain a motion to approve the BCC regular meeting minutes from June 23rd. COMMISSIONER HENNING: So moved. COMMISSIONER FIALA: And second. CHAIRMAN NANCE: There's a motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER FIALA: Mr. Chairman, can I just make a motion to approve the June 25th, BCC budget workshop and the July 7th BCC regular meeting and the July 20th special meeting minutes so we can wipe them all away. That's what Commissioner Henning always did. He taught me that. Just get them all out of the way. Page 9 September 8, 2015 CHAIRMAN NANCE: Perfect. If there's no objection, hearing none, I will second it. Any comments? (No response.) CHAIRMAN NANCE: Seeing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right. Those all passed unanimously. Thank you very much. Item #3A SERVICE AWARDS — 20 YEAR ATTENDEES MR. OCHS: Mr. Chairman, that takes us to service awards. If the Board will be kind enough to join us in front of the dais, we'll recognize our employees. MR. OCHS: Commissioners, this morning we're recognizing employees with years of service ranging from 20 to 30 years of service to county government. Two employees celebrating 20 years of service this morning. The first from your Development Review Division, 20 years of service, Marcia Kendall. Marcia? (Applause.) MR. OCHS: Also with 20 years of service from your wastewater Page 10 September 8, 2015 division, Gregory Yanda. Greg? (Applause.) Item #3B SERVICE AWARDS — 25 YEAR ATTENDEES MR. OCHS: Commissioners, celebrating 25 years of service this morning from development review, Ivette Monroig. Ivette? (Applause.) Item #3C SERVICE AWARDS — 30 YEAR ATTENDEES MR. OCHS: We have two employees this morning, Commissioners, celebrating 30 years of service to county government. The first from traffic operations, Nancy Frye. (Applause.) MR. OCHS: Also celebrating 30 years of service to county government, from Comprehensive Planning, David Weeks. David? (Applause.) MR. OCHS: Commissioners, before you head back to the dais, Commissioner Taylor has a couple of other employees that she'd like to recognize this morning. COMMISSIONER TAYLOR: If you notice as you came in on the wall where the elevator is, an incredible display of our history. We have some staff folks here that are so responsible, got so involved with it and gave it their heart and soul. There will be three more walls out there by the time we finish, but it was their ideas in terms of size and Page 11 September 8, 2015 placement, colors. It was such a collaborative effort. And so I'd like to recognize those ones today. First of all, and you need to come up, Ron Jamro, who provided our history. Troy Pirosseno. And oh, please forgive me. Oh, Troy. Helio Rojas. Don Hale. Les Gross. Jerry Shukes. John Kennedy. Kurt Jokela. Absent. Rady Edreva. And Yuri Tarnawiecki. (Applause.) COMMISSIONER TAYLOR: It's a very -- for this new commissioner it is extraordinary the support and how talented your staff is. The taxpayers of Collier County should be very proud. And these folks are part of that team. When you ask them to do something, they're there and they're there with their hearts and souls. So congratulations and we're going to see more and well done on your talent. And thank you. (Applause.) COMMISSIONER FIALA: And thank you for the idea of getting it done. COMMISSIONER TAYLOR: Well, and Commissioner Hiller and I. And we went back -- COMMISSIONER FIALA: Oh, were you a part of this? Oh, I should have known. CHAIRMAN NANCE: Why don't we have these ladies and gentlemen come to the center and let us join on the outside. COMMISSIONER FIALA: They're the center of everything here. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Page 12 September 8, 2015 Item #4A PROCLAMATION DESIGNATING SEPTEMBER 7-11, 2015 AS "2015 INDUSTRY APPRECIATION WEEK." ACCEPTED BY KRISTI BARTLETT, VICE PRESIDENT, OPPORTUNITY NAPLES, THE GREATER NAPLES CHAMBER OF COMMERCE; JULIE SCHMELZLE, CHAIRMAN, OPPORTUNITY NAPLES; AND OPPORTUNITY NAPLES BOARD MEMBERS — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4 on your agenda this morning. That's your proclamations. Item 4.A is a proclamation designating September 7th through 11th, 2015 as 2015 Industry Appreciation Week. To be accepted by Julie Schmelzle, Chairman of Opportunity Naples; Kristi Bartlett, Vice President, Opportunity Naples with the Greater Naples Chamber of Commerce, and other Opportunity Naples board members. If you'd please step forward and receive your proclamation. (Applause.) MS. SCHMELZLE: Thank you, Commissioners, for recognizing the importance of business in our community, the industry that we have here that we want to continue to support in thriving and growing. So Opportunity Naples, as all of you know, have been very involved over the past three years, and your support has been tremendously appreciated, not only by Opportunity Naples the partnership board, but our entire community. So Excellence in Industry is that opportunity, that one day of the year to celebrate industry here in Collier County. And that will be on September 16th at the Hilton Naples from 4:30 to 6:30. Commissioner Adam Putnam will be our key note speaker. He is the Florida Department of Agriculture and Consumer Services Page 13 September 8, 2015 Commissioner. We're proud to acknowledge our sponsors which are the life blood of everything that we do. TD Bank is the title sponsor of this year's award program. Moorings Park, Naples Daily News, our gold sponsors. Career source of Southwest Florida, Century Link, Florida Southwestern State College and the Arlington are silver sponsors. Our business sponsors include Health Network of Southwest Florida, Hill, Barth & King, Hodges University, and Naples Children and Education Foundation. And so as for many of you who may have attended this in the past, I think we're going on 20 years of awardees, the winners this year in the categories as we've defined and as the state has defined are: Business expansion, Moorings Park. The company to watch will be Bruno Air Conditioning. The heart of the community is Healthcare Network of Southwest Florida. The pillar award is the Naples Beach Hotel and Golf Club. The young professional of the year is Shayna Short. And the chairman's award this year is the Naples Children and Education Foundation. We hope that you'll all be there in attendance with us on September 16th. Thank you so much for your support. (Applause.) Item #4B PROCLAMATION RECOGNIZING THE UNITED WAY OF COLLIER COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY AND TO WISH THEM YET ANOTHER YEAR OF GREAT SUCCESS AS THEY KICK OFF THE 2015-2016 CAMPAIGN. ACCEPTED BY STEVE CARNELL, PUBLIC SERVICES DEPARTMENT HEAD; HAILEY ALONSO, OPERATIONS ANALYST; STEVE SANDERSON, UNITED WAY EXECUTIVE DIRECTOR; BRANDON BOX, Page 14 September 8, 2015 UNITED WAY BOARD MEMBER; ANN BARES, VICE PRESIDENT OF VOLUNTEER ENGAGEMENT FOR THE UNITED WAY; AND UNITED WAY BOARD MEMBERS — ADOPTED MR. OCHS: Item 4.B is a proclamation recognizing The United Way of Collier County for their outstanding contributions to the community and to wish them yet another year of great success as they kick off the 2015-2016 campaign. To be accepted by Steve Carnell, Public Services Department Head; Hailey Alonso, Operations Analyst with our Public Services Department; Steve Sanderson, United Way Executive Director; Brandon Box, United Way board member; Ann Bares, Vice President of Volunteer Engagement for the United Way and you of other United Way board members. If you'd please step forward and receive your proclamation. (Applause.) MS. CONNOLLY: Good morning. I'm Kathy Connolly and I'm very proud to serve on the United Way board of directors as the past chair. And as mentioned, I'd be remiss if I didn't recognize Brandon Box and certainly Steve Sanderson for all of the great work that's been accomplished by United Way, along with as you saw so many of our partners. We would like to think of ourselves as the new United Way, a community impact organization that invests in strategies for community change and refer to our donors as investors. Thank you Collier County Commissioners and staff, Leo Ochs and Steve Carnell who also serves on the board and the staff team. I especially want to thank the North Collier County Regional Park for their continued support of the 10th annual Walk for the Way which will be held on September 26th. And we do hope you'll join us. United Way of Collier County helped over 100,000 of our Page 15 September 8, 2015 neighbors in need in Collier County last year. Our work focuses on the building blocks for good quality life, education, income stability along with healthy and safety net services. Beyond the core work that we do we have taken over the administration of Collier 2-1-1, the non-emergency human services hotline that's available to those in need 24 hours a day, seven day a week. And last year we were able to help over 8,000 people connect through their needs and 2-1-1. This year we also launched a volunteer center, a Volunteer Collier with a goal of connecting anyone who wants to volunteer in Collier County with the right volunteer opportunity. We have already over 100 active opportunities here in this county and 165 partner agencies or nonprofits have registered. Our 35 partner agencies, of course many of you saw today, work with us to transform the lives of all of our neighbors in need. We at the United Way, we value our partnership with the county in so many ways. Together we are building a better community in which we can all learn and grow and live to our human potential. I am proud to live and work in Collier County and really want to thank all of you, our Collier County Commissioners and staff for this recognition on behalf of The United Way. Thank you. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Could you quickly tell the audience what 2-1-1 is, in case they're not aware? MS. CONNOLLY: Oh, absolutely. Thank you. Collier 2-1-1 is a non-emergency number that at any time if you dial 2-1-1 it will put you in connection with the services that you need, health and human services. One of the beauties of that is in partnership with the Sheriffs Office is it allows them to focus on real emergencies and help the community with the needs that they have. Thank you. Page 16 September 8, 2015 Item #4C PROCLAMATION DESIGNATING SEPTEMBER 13, 2015 AS "STUFF THE BUS DAY," IN RECOGNITION OF A COMMUNITY EFFORT TO "STUFF THE BUS" WITH NON- PERISHABLE FOOD TO REPLENISH THE LOCAL FOOD BANK AND FEED THE HUNGRY IN COLLIER COUNTY. ACCEPTED BY STEVE CARNELL, PUBLIC SERVICES DEPARTMENT HEAD; MICHELLE ARNOLD, PUBLIC TRANSIT & NEIGHBORHOOD ENGAGEMENT DIVISION DIRECTOR; CORINE C. WILLIAMS, COLLIER COUNTY PUBLIC TRANSIT MANAGER; JOYCE H. JACOBS, HARRY CHAPIN FOOD BANK ASSOCIATE DIRECTOR; KAROLE DAVIS, MANAGER WITH HARRY CHAPIN FOOD BANK; TONY VELEZ, PUBLIX; STEVE SANDERSON, UNITED WAY EXECUTIVE DIRECTOR; BRANDON BOX, UNITED WAY BOARD MEMBER AND ANN BARES, UNITED WAY VICE PRESIDENT OF VOLUNTEER ENGAGEMENT — ADOPTED MR. OCHS: Item 4.0 is a proclamation designating September 13th, 2015 as Stuff the Bus Day in recognition of a community effort to stuff the bus with non-perishable food to replenish the local food bank and feed the hungry in Collier County. To be accepted by Steve Carnell, Public Services Department Head; Michelle Arnold, Public Transit and Neighborhood Engagement Division Director; Corine Williams, Collier County Public Transit Manager; Joyce Jacobs, Harry Chapin Food Bank Associate Director; Karole Davis, Manager with Harry Chapin Food Bank; Tony Velez, Publix; Daniel Santos, Publix; Steve Anderson, United Way Executive Director; Brandon Box, United Way Board Member; and Ann Bares, United Way Vice President of Volunteer Engagement. Page 17 September 8, 2015 If you'd all please step forward and receive your proclamation. (Applause.) MS. DAVIS: Good morning, Commissioners. I'm Karole Davis with Harry Chapin Food Bank right here in Collier County. In case you all don't know, we do have a warehouse facility here. And we are so grateful to the Collier County community. Last year we provided over 3 million pounds of food to people in need right here in Collier County. We do have Stuff the Bus happening this Sunday. There are six Publix locations that will be participating. Please visit HarryChapinfoodbank.org for those locations. And our goal is to replenish the empty food shelves that we have after a very busy summer. So we thank you for your support and we'll see you Sunday between 10:00 and 3:00 at six Publix locations. Thank you. (Applause.) Item #4D PROCLAMATION DESIGNATING SEPTEMBER 21-25, 2015 "INJURY PREVENTION WEEK" IN COLLIER COUNTY, FURTHER HONORING THE COLLIER INJURY PREVENTION COALITION FOR ITS DEDICATION AND SERVICE TO BRINGING AWARENESS TO THIS CAUSE. ACCEPTED BY KEITH DAMERON, CHAIRMAN OF THE COLLIER INJURY PREVENTION COALITION — ADOPTED MR. OCHS: Item 4.D is a proclamation designating September 21st through the 25th, 2015 as Injury Prevention Week in Collier County. Further honoring the Collier Injury Prevention Coalition for its dedication and service to bringing awareness to this cause. To be accepted by Keith Dameron, Chairman of the Collier Injury Prevention Page 18 September 8, 2015 Council. Keith? And others. (Applause.) MR. DAMERON: Commissioners, on behalf of the Collier Injury Coalition we thank you so much for this acknowledgment and recognition of the important mission that we have embarked on in Collier County. I have a couple of brief closing remarks, but before we get to that I want to thank Mike Sheffield and Troy for their excellent work in taking a nine minute and 30 second video on the coalition and boiling it down to a little over a minute. And it really highlights what our mission is. And with that, they're going to play the video. (Video plays.) MR. DAMERON: As you can see, this is a very serious problem, requiring very serious action on the part of many dedicated people. I am so privileged to be on this committee, this coalition. And the star of this, Mark Tesoro, you just saw up here is the injury prevention analyst and educator with Lee Trauma Center. Lydia Galton, who was up front with us as miss everything in Naples, has done almost everything, so that's no time to list anything. And of course Jeff Lytle, retired Opinion Editor with Naples Daily News. Dr. Jacylnn Faffer, president and CEO of the Jewish Family Community Services was not able to be with us. And Michael Wynn, president of Sunshine Ace Y Hardware, was -- had a conflict. And Deputy Chief Jorge Aguilera of the North Collier Fire Department. This is a great deal of talent, this is a great deal of dedication on their part. These are very busy business people, yet they are dedicating a portion of their time and talent, and treasure, I might add, to advancing this cause. We're also privileged to have Walgreen's, Kerry Crotolfo (phonetic) who's a healthcare senior supervisor at Southwest Florida. The Happy Handyman with Kelly Heron, director of community Page 19 September 8, 2015 outreach. Living in Naples, Reg Buxton is the publisher. And of course Sunshine Ace Hardware and other Collier County businesses have literally lined up to offer their services. In fact, so many that we have to sort of calm them down and ask them to please keep that thought for the time being. It's a serious problem, 60 percent of falls occur in the homes, 30 percent occur in businesses and 10 percent occur in medical facilities. We are addressing the 60 percent which is the big piece. Chief Stolts in the North Collier Fire is taking wonderful actions to address the piece for the businesses. It's a partnership, it's a passion. We appreciate the seriousness of the problem and we appreciate the dedication on the part of all of the co-chairs, and we thank the Commission for giving us an opportunity to help get the word out so that people, when they see our rolling out of the teaching seminars that we'll be doing around Collier County and Naples and Marco Island, when you see it and when you see an opportunity to attend, please join us. And in closing, a show of hands, how many in here know of someone who has fallen in the last 12 months. Thank you. (Applause.) CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, just one fast question, Keith. I'm sure that you must have produced some type of pamphlets for people to pick up and give them tips on how to prepare their home for less falls. Where would we be able to find those? MR. DAMERON: Commissioner, we have a service that will come in and complementary do a complete home analysis in their home or in their condo. On the business side, Chief Stolts, Deputy Chief Aguilera have created just an incredibly thorough inspection process where they will Page 20 September 8, 2015 go into businesses and help the businesses be aware of potential liability. And on the businesses it's a liability issue as well as anything else. And that applies not just to the customers, but it applies to their employees. So we have all that material. September 25th in Telford Auditorium, Dr. Weiss has granted us the privilege of using the auditorium from 8:00 a.m. until 1:00 to hold a workshop from which will come our specific actions plans through 2016. So once that workshop is completed we're going to be full steam ahead, and you'll be seeing and hearing a lot about us. Thank you, again. (Applause.) Item #4E PROCLAMATION HONORING WORK AND CONTRIBUTIONS OF THE COLLIER COUNTY ONE HUNDRED CLUB AND ITS DEDICATION TO CARE FOR OUR FIRST RESPONDERS AND THEIR FAMILIES. ACCEPTED BY PAT O'CONNOR, PRESIDENT OF THE COLLIER COUNTY ONE HUNDRED CLUB, AND SCOTT SALLEY, COLLIER COUNTY ONE HUNDRED CLUB BOARD MEMBER — ADOPTED MR. OCHS: Item 4.E is a proclamation honoring the work and contributions of the Collier County One Hundred Club and its dedication to care for our first responders and their families. To be accepted by Pat O'Connor, President of the Collier County One Hundred Club, and Scott Salley, Collier County One Hundred Club board member. Gentlemen? (Applause.) MR. O'CONNOR: Good morning, Commissioners, and thank Page 21 September 8, 2015 you so much. I'm Pat O'Connor, I'm president of the Collier County One Hundred Club. We thank you so much for this proclamation. The One Hundred Club, we just had our 30th anniversary, we had a celebration over at Hodges Funeral Home here in town with a flyover. The One Hundred Club, our basic mission is to take care of those that take care of us. Fire, police, EMS. Once we get a request we respond within 24 hours. And that's what it's all about, taking care of those that take care of us. I have Scott Salley to give a few finishing words on that. Thank you very much. MR. SALLEY: For the record, I'm Scott Sally. Pleasure to be back in these chambers. It's an honor. Thank you so much to the Chairman and the Commission for honoring the Collier County One Hundred Club. This is our 30th anniversary. And you may not have had the opportunity to hear about the One Hundred Club, and that was on purpose. It's a very low key organization. We're probably the only organization that you probably don't want to see us arrive at your front door. We're there to help those individuals who unfortunately are killed in the line of duty or seriously injured, not only physically but what we're seeing more often is the psychological injuries caused by post-traumatic stress, TBI and so forth. But part of the program that we've expanded, and I've asked Chris Spencer from North Collier Fire to be here, is our liaison program. Not only is it in the law enforcement profession, fire and rescue, in the jail and corrections. Any federal or state officer that's assigned to Collier County and he or she is injured or killed in the line of duty or their family members, we are there to help and serve within 24 hours. Again, thank you very much. (Applause.) Page 22 September 8, 2015 CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you so much. And it's organizations like the One Hundred Club that help those who died in 9/11. So I get very emotional, because every time I think of our men in blue being killed in the line of duty, it just -- it pains me to no end. And when I think of our first responders like fire and EMS dying in an effort to save someone else's life, my heart bleeds. On 9/11 a number of organizations in this community banded together, and they are putting forward a memorial service that I encourage everybody to attend. It will be held at the Golden Gate Government Center. And I wanted to ask our Board to thank those groups that came forward to make this possible for the community. Our thanks goes out to the Greater Naples Fire Control and Rescue District, the Collier County Sheriffs Office, Collier County EMS, Golden Gate Community Center, the Golden Gate Area Civic Association, the Golden Gate High School, the Golden Gate Middle School, New Life Church, Socialimpact.com, Legacy Options, and White Doves of Naples. It's organizations like these and the One Hundred Club that make it possible for us to stay safe in this community and also help us to never forget and honor those who died in the line of duty protecting us. So please attend this Friday, September the 11th. And I believe it begins at 9:00; is that correct? Can someone tell me? MEMBER IN AUDIENCE: 9:30. COMMISSIONER HILLER: 9:30. 9:30. And thank you all at the One Hundred Club for helping everyone in this community who has suffered. CHAIRMAN NANCE: Thank you. MR. OCHS: Mr. Chairman, may I get a motion to approve today's proclamations? Page 23 September 8, 2015 COMMISSIONER FIALA: So moved. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Proclamations are approved. COMMISSIONER HILLER: Can I say one thing, Commissioner Nance? CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER HILLER: I don't think anyone is aware of this, even though it's very obvious, but this is the first year the Board of County Commissioners has been dominated by female commissioners. We have a majority of women who now are commissioners here in Collier County. And that's also true for the school board. So I thought it would be appropriate, and I wanted to suggest this and bring something forward for the next board meeting, but I would like to declare this the year of women in government in Collier County. Because it has never happened before. So ladies? CHAIRMAN NANCE: Well, Commissioner Hiller, I -- COMMISSIONER HILLER: This is the first full year. CHAIRMAN NANCE: A couple of us on the dais here have been acutely aware of that development. And since you have three out of the five votes, I would not resist that. Page 24 September 8, 2015 COMMISSIONER HILLER: I think it's so exciting and I'm really, really happy to see what has happened. So it's gone from the good 'ol boys to -- CHAIRMAN NANCE: Commissioner Henning and I are just happy to be part of it, ma'am. COMMISSIONER HENNING: Time to put our softer side on. COMMISSIONER HILLER: You do. So yeah. And so I thought it would be appropriate if at the next board meeting we're bringing forward a proclamation to recognize Pace, the Center For Girls that helps girls in need in Immokalee and throughout Collier. And I thought it would be fitting at that time to also recognize the leaders that are women in this community at every level of government. Go, girls. Remember, girls rule and boys drool. Never forget that. CHAIRMAN NANCE: Mr. Ochs? Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR SEPTEMBER 2015 TO THE SEMINOLE CASINO HOTEL IMMOKALEE. ACCEPTED BY TONY ALVES, GENERAL MANAGER, SEMINOLE CASINO HOTEL IMMOKALEE; JIM GIBSON, DIRECTOR OF MARKETING, SEMINOLE CASINO HOTEL IMMOKALEE; CATHY BAKER, ADVERTISING AND PR MANAGER, SEMINOLE CASINO HOTEL IMMOKALEE; KRISTI BARTLETT, VICE PRESIDENT, OPPORTUNITY NAPLES, THE GREATER NAPLES CHAMBER OF COMMERCE; AND ANDREA STURZENEGGER, VICE PRESIDENT, MEMBERSHIP AND MARKETING, THE GREATER NAPLES CHAMBER OF COMMERCE — PRESENTED Page 25 September 8, 2015 MR. OCHS: Yes, sir, we move to Item 5.A, which is a presentation of the Collier County Business of the Month for September, 2015 to the Seminole Casino Hotel, Immokalee. To be accepted by Tony Alves, General Manager; Jim Gibson, Director of Marketing; Cathy Baker, Advertising and Public Relations Manager; Kristi Bartlett, Vice President of Opportunity Naples with the Greater Naples Chamber of Commerce; and Andrea Sturzenegger, Vice President of Membership and Marketing for the Greater Naples Chamber. If you'd please step forward and be recognized. (Applause.) MR. ALVES: Good morning. Thank you for this very nice award. What's even a better pleasure than this award, though, is the support we receive from the community. Everyone from the Commissioners, the Chamber of Commerce, Convention, Visitors Bureau, we find very professional support of our organization. We've had a good year. We've recently opened expansion created by the 100 new jobs in Immokalee. This couldn't happen without the support we receive. So thank you very much for all your professionalism, your support, and we all succeed together. CHAIRMAN NANCE: Yes, sir. Thank you so much for the investment you've made in Collier County. Congratulations on your wonderful expansion. For those of you in the room and in the viewing audience that have not yet escaped to the action since the addition, I would encourage everybody to go out there to see your beautiful hotel, to see your beautiful conference room facilities and partake of the great entertainment you bring to Collier County. Thank you so much for being a great destination and the number one tourist destination in Southwest Florida. Thank you so much. (Applause.) Page 26 September 8, 2015 Item #6A PUBLIC PETITION REQUEST FROM NEIL DORRILL REQUESTING THE BOARD OF COUNTY COMMISSIONERS DIRECT STAFF TO MEASURE THE PUBLIC INTEREST IN CREATING A TAXING DISTRICT FOR A POTENTIAL WATER PROJECT IN THE PINE RIDGE COMMUNITY — MOTION DIRECTING COUNTY MANAGER AND STAFF TO WORK TOGETHER WITH THE PINE RIDGE COMMUNITY — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 6.A, public petitions. This is a public petition request from Neil Dorrill requesting that the Board of County Commissioners direct staff to measure the public interest in creating a taxing direct for the potential water project in the Pine Ridge community. COMMISSIONER HENNING: Move to approve. Would this be a public service that would be handling this, public utilities? No. MR. OCHS: You want to make your -- COMMISSIONER HENNING: That would be direction for staff to gauge the sentiment in the Pine Ridge area for water and sewer. Now who in your staff would be doing the survey? MR. OCHS: Well, actually, I believe Mr. Dorrill was going to make an alternative suggestion that had to do with a vote on the ballot that's coming in the fall. You might want to hear from him, sir. COMMISSIONER HENNING: Okay. MR. DORRILL: Good morning, Commissioners, welcome back from the summer. This past year Pine Ridge celebrated its 60th anniversary. It is one of the oldest platted divisions in Southwest Florida. Page 27 September 8, 2015 In preparation for today, I actually looked at their deed restrictions, and one of the deed restrictions interestingly enough was that you would covenant and agree to spend $12,000 at least to build your home. I don't believe Mr. Casalanguida will give you a building permit now for $12,000. MR. CASALANGUIDA: No, sir. MR. DORRILL: But, it goes and speaks I think, to the character and the future planning of the community. Over the course of time, though, Pine Ridge has never had a potable water system. About 25 percent of the homes there at their own expense constructed and then conveyed to the county a potable water main in order to serve their home. We're simply asking, as Commissioner Henning said, to develop with your Public Utilities Division the assessment and informational campaign to gauge the support through the balance of the community to construct potable water mains to include fire hydrants for fire protection and to do that within a process that the utility staff feels is appropriate. Either some sort of petition ballot or interesting enough perhaps a straw ballot that would be as early as the March presidential preference primary, or the fall or September primaries as part of the general election. Very simple straightforward in this particular case, I'm volunteering my time up to this point because I manage the MSTBU across the highway on your behalf. I have members of the civic association this morning. And the most interesting characteristic here is while this is a civic association, they are not a homeowners association. They do not have the ability to assess the residents within the community. As such, they exist on voluntary support, donations, and so we're looking to the county and to hope that at the end of the day the county Utility Division could add 400 or so new water customers on the north end of the regional county system. Page 28 September 8, 2015 CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, this has been done in the past, places like Naples Park -- I'm sorry, Naples Manor. And I think that was in the Nineties, Mr. Dorrill. Do you remember that? MR. DORRILL: We had two. We sewered all of East Naples and we also installed potable water and sewer in Port Au Prince and some other places in the south end of the county. COMMISSIONER HENNING: So I'm in favor directing the County Manager to work with Mr. Dorrill and the civic association as presented. MR. OCHS: Yes, sir, we can work towards that ballot initiative. Probably the primary. COMMISSIONER FIALA: Second the motion. CHAIRMAN NANCE: Second. Any further discussion? Commissioner Hiller? COMMISSIONER HILLER: No. CHAIRMAN NANCE: Nothing? Seeing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, sir, thank you. Let's see what the public comes back with. MR. DORRILL: Yes, sir. Thank you again. CHAIRMAN NANCE: Thank you. Page 29 September 8, 2015 Item #10A THE BOARD OF COUNTY COMMISSIONERS TO DIRECT STAFF TO SOLICIT PROPOSALS FROM QUALIFIED FIRMS AND APPROVE FUNDING TO UPDATE THE JAIL MASTER PLAN — APPROVED MR. OCHS: Mr. Chairman, that would take us to Item 10.A, which is a recommendation that the Board direct staff to solicit proposals for qualified firms and approve funding to update the jail master plan. This item's brought to the agenda by Commissioner Henning. COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: There's a motion and a second. Commissioner Henning, would you like to say anything? COMMISSIONER HENNING: No, not needed. Got three votes. CHAIRMAN NANCE: No discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you, passes unanimously. COMMISSIONER FIALA: I'll just throw in a comment, though. I think it's a great movement right here to update it. I was amazed to Page 30 September 8, 2015 see how wrong the figures were from before. Of course how does anybody know after a recession or even that we were going to go into one. So it's a good thing that they're tackling this and bringing this -- CHAIRMAN NANCE: Thank you to Commissioner Henning for bringing it to our attention. COMMISSIONER TAYLOR: Well done. I think you served on that committee, and I'm sure it was not a chore but it involved a lot. So well done. COMMISSIONER HENNING: Well, I think you really need to thank the sheriffs staff and their commitment of outreach in, you know, working with their customers to make sure they're model citizens when they return to society. COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: Thank you. Item #11G RECOMMENDATION TO RATIFY ADMINISTRATIVELY APPROVED WORK ORDER MODIFICATIONS AND/OR CONTRACT CHANGE ORDERS/AMENDMENTS THAT DO NOT EXCEED TEN PERCENT (10%) OF THE CURRENT BOARD APPROVED AGGREGATE AMOUNT OR TWENTY PERCENT (20%) OF THE CURRENT BOARD APPROVED SCHEDULE (NUMBER OF DAYS); APPROVE MODIFICATIONS TO THE CURRENT BOARD APPROVED PERFORMANCE SCHEDULES; AND APPROVE SURPLUS DISPOSAL AND REVENUE DISBURSEMENT AND OTHER ITEMS AS DETERMINED BY THE COUNTY MANAGER OR DESIGNEE MR. OCHS: Commissioners, that takes us to your 10:00 a.m. Page 31 September 8, 2015 recommendation to ratify administratively approved work order modifications and contract change orders and amendments. And Commissioner Henning had moved this for discussion to the regular agenda. COMMISSIONER HENNING: Yeah, question. Who wanted this to be a time certain? I mean, it was announced that Commissioner Fiala wanted -- oh, okay. MR. OCHS: The Clerk's Office asked for a time certain, sir. COMMISSIONER HENNING: Okay. I just think it's important to announce who's asking for the time certain. The reason I pulled this item, we have several items on the change order. A lot of them have to do with percentages of using subcontractors. And, you know, the thought is, is this is really a change in scope of the bid. Where is the savings to the taxpayers if these contractors are basically going to be a conduit for getting better prices from their competitors? And I think the proper thing to do is either A, where is the county's benefit in this, for one thing, for this change. B is, you know, let the contract stand and let's monitor the subcontractors that are being used and invite them to participate in a new bid so the taxpayer gets the value of it. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Leo, can you explain the issue; clarify what Commissioner Henning has just said? MR. OCHS: Well, I'll give you the staff perspective, if I may, Commissioner. We have several fixed term contracts with general contractors that have a provision in them that limit the percentage of use of subcontractors and their work, and we have found over time that not only is that difficult at times for us to monitor in the field, but it actually -- I'll give you a real life example. We had a contract with an Page 32 September 8, 2015 HVAC contractor. Was part of a competitive bid, awarded to that contractor along with others. We solicited proposals for a job to do some repairs on our chiller plant. The low quote was for $21,000. That general contractor employed a subcontractor for about $4,000 of that work, which was about 20 percent of the project. In that particular contract the subcontractor participation is limited to 20 percent. So the general went out and did their portion of the work, were able to do it more cheaply than they originally quoted. The price came back for the total job at 17,000 instead of 21. However, the $4,000 of work that the subcontractor originally did remained at that level. So you actually, when the invoice came in, the subcontractor work was now 25 percent roughly instead of 20 so nobody got paid. And we had to end up coming back to the Commission on a separate agenda item to allow for that new payment where we actually saved $4,000 on the total price of the job. So in our view that doesn't make a lot of sense. If we -- your contract is with the general contractor, not the subcontractor. And if you get the job done as specified and consistent with the terms of the agreement, that's really the issue for us. COMMISSIONER HENNING: There's no guarantee in this change order that that's going to happen with what's being proposed. Now, if there is provisions in there that we were going to benefit from using the subcontract, that's fine. And quite frankly, the statement in here from your staff that we had no idea this provision was in the contract, I find it very concerning. MR. OCHS: I don't -- we certainly know it's in the contract, sir. COMMISSIONER HENNING: Okay. That isn't what it -- what's written in the backup material. Staff was not aware of the extent to which subcontractors were used. That's telling me that who's out there managing these contracts? Okay? Page 33 September 8, 2015 So, you know, where is the benefit to the taxpayers? That's -- I don't see that in the proposed changes. CHAIRMAN NANCE: Other comments from Commissioners? If not -- COMMISSIONER HILLER: I'd like to comment, but I'd like to hear what the Clerk has to say first and then -- CHAIRMAN NANCE: Mr. Brock, you requested the time certain. Please let us know what your concerns are. MR. BROCK: Well, you know, obviously the concerns are that you have all of the information. This is obviously a decision that you have to make. But I wanted to explain to you the ramifications of your decision. If in fact for example you or I went out and entered into a contract for improvement of our real property with someone else, that contractor then goes out and hires a third party. We're not in privy with them. I'm not in privy with them, okay? That means that I don't have a contract with them. So they can't come back to me on the basis of a contract violation. So theoretically the potential is out there for them to just be on the hook if the contractor doesn't pay them. Make sense? COMMISSIONER HILLER: What about performance bonds? Jeff, can you -- MR. BROCK: Performance bonds work for governments and are required. But the problem is they're only required if the project is over 200,000. So if there was in fact a performance bond, that would protect the sub. But if that's not the situation that it's over 200 and there's a performance bond for them to go after, you cannot lien government. So -- and as a consequence of us looking at BQ Concrete, we have experienced this particular problem to the tune of tens of thousands, if not hundreds of thousands of dollars where these little Page 34 September 8, 2015 contractors that did work, the contractor itself has been paid and the subcontractor is sitting out there holding the bag. And I just wanted you to know that that potential is there. There is an additional element here. That is that if in fact you have a contract like BQ where it says that, you know, so much for the concrete, so much for the person, so much for whatever, where you've identified what it's for, and then you have for purchase of goods and services without any limitation or price plus 20 percent. Think about that. Why would you want to ever do any work? Just go hire somebody else to do it and add 20 percent to it, if there's not a limitation on how much you can sub. So that is a potential issue. In addition to that, the contracts that you are dealing with here are based upon invitations to bid. That's a competitive process that you have done pursuant to I'm assuming your requirements. Or an invitation to -- or a proposal, which is another competitive process, which has been done pursuant to your processes as they have been established by you. Now, what they're wanting you to do, as I read it, and I may be wrong, was to go back and change the invitation to bid. How do you do that when you have used that in a competitive process? Nobody else had the benefit of this change when they proposed. So do you really want to do that? Those are the issues that I saw that I simply wanted to bring to your attention. And it's obviously your call as to what you do. But those are what I considered to be issued that you needed to be aware of. CHAIRMAN NANCE: Before I go to Commissioner Henning and Commissioner Hiller, I'd like to just make a couple of comments. You know, I understand what is occurring here. And Mr. Brock, when you and I chatted I recognized a lot of this problem is occurring when we have work that's done with these general contracts that we Page 35 September 8, 2015 establish under what I used to call time and materials sorts of projects. What we really don't know for whatever reason what the cost might be of them. And so they are fraught with these sorts of questions to begin with. But, you know, my question is on limitations for 10 percent on subcontractors, and Mr. Ochs has rightfully pointed out to us do have some glitches and problems, how is -- and, you know, I recognize your saying, sir, that the public perception is if a subcontractor is left on the hook because they're not paid by our contractor is bad for the image on the government, how is that different when we have a limitation on 10 percent subcontractors, when we have some sort of an emergency repair which is time and materials where the hard infrastructure that has to be purchased exceeds 10 percent of the work? How is that different as far as our, you know, perceived liability to somebody? I don't know that the government should be reaching back into a contractor and policing their relationship with their subcontractors and vendors. Because I don't see a difference between a subcontractor and a vendor. So what sort of a slippery slope are we on here? I'm afraid we're getting on a pretty slippery one. MR. BROCK: In term -- I'm obviously not understanding the question. Can you -- CHAIRMAN NANCE: Okay. Yeah, the BQ Concrete deal was, as I understand it, was kind of a time and material deal where we understood what they charged per hour and what the materials were supposed to be and so on and so forth. And then they had an incremental profit that they were, you know, entitled to make, which is 20 percent or whatever you mentioned. How does that differ from the emergency repair of some utilities contractor that we have on contract comes in and repairs something that's got $100,000 worth of parts he has to buy to do a repair? That's Page 36 September 8, 2015 going to exceed 10 -- you know, that vendor's contribution is going to exceed probably 10 percent of the contractor's fee because of that issue. Are we then supposed to go back and say well, wait a minute, what if the contractor we have doesn't pay this vendor? What's the difference between a vendor and a subcontractor in your concern here? MR. BROCK: There is none. But that emergency that you're talking about occurs very infrequently; whereas the process that you're talking about engaging here now is basically all of the work in the county gets done in this particular situation. CHAIRMAN NANCE: In the time and materials sort of work where we don't have a bid process where we have a hard bid? MR. BROCK: Well, I mean, I don't know what you mean by time and material. You know, the agreement is that you've got a defined cost for a defined service. CHAIRMAN NANCE: Right. MR. BROCK: And then you have a situation in which you go out and hire a vendor to do something that does not use those particular costs that are set up in the contract. CHAIRMAN NANCE: Or something arises that prevents them from doing it within the anticipated -- MR. BROCK: There's 20 percent of the contract price that would be -- you could go out and hire a vendor to do. Or they could come back to the Board and get approval from the Board on an emergency basis, as you are talking about, to do anything that you want. Or you can do it just the way they're requesting that it be done and then you're going to have what we have now which is you're going to have the little vendors out there who are going to end up getting stuck on the hook that are going to be calling in here saying -- or writing in here saying hey, you know, we entered into this agreement to do a government job, you got the work done, we didn't get paid. We got stuck. Is that what you want? If it is -- Page 37 September 8, 2015 CHAIRMAN NANCE: No, I understand that. MR. BROCK: -- I'm more than happy -- I just wanted you to understand the ramifications, Commissioner. CHAIRMAN NANCE: How far are we supposed to reach into our contractors affairs? Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: Well, I want to provide an example on your change order. You have an amendment to a contract that was done in 2014. The amended changes to the contract states: Request for proposal exhibit additional RFP termination conditions paragraph hereby removed in its entirety. The bidders on each service related to project included construction must be qualified and direct the responsibility of 80 percent or more of solicitation of work (sic). Now, there is no limitations on that, so it's -- you know, basically you can have a contractor -- have somebody else do all the work and, you know, submit bills to be paid that the contractor didn't do any work. Theoretically -- COMMISSIONER HILLER: But -- COMMISSIONER HENNING: Wait a minute. And besides it's understanding -- a statement of understanding that the whole solicitation process is changed. So if you had contractor A winning the award of the bid in this particular contract of last year but contractor B knew that he couldn't do it using 80 percent, he can only use -- well, no, actually it was 10 percent, I think it was, of subcontractors, he bidded upon that knowledge of that solicitation. And, you know, I just see this a real problematic (sic). Let the contracts stand, re-solicitate (sic) after the contract is terminating, and put those provisions within the new solicitation. And also, more importantly, going forward is the solicitation should be how much work are you going to perform at what price? And under the consideration that you can use subs under whatever you Page 38 September 8, 2015 propose. I think you're going to get a better understanding of the cost to the taxpayers than what is being proposed here. MR. BROCK: Commissioner Nance? CHAIRMAN NANCE: Sir. MR. BROCK: You know, one of the problems that you have when you go out under the circumstances of let's take the BQ Concrete contract. You go out and you hire a subcontractor to do the work. In addition to you paying the cost of the subcontractor, you're also adding 20 percent to that cost pursuant to the contract. So you're jacking the price up. So if you think about this, if that price was -- of the contract that you let with the original contractor is competitive and the price of the sub is competitive, you have the potential of-- why would the contractor ever do the work themselves but rather go out -- why not go out and hire it to be done, they don't do anything and still make 20 percent? And I'll leave it -- CHAIRMAN NANCE: That's why there's a limitation, and that's why a lot of grants are including those sorts of limitations, right? MR. BROCK: Most of the grants require that the services must be competitively let, not in the manner in which you're dealing with them. CHAIRMAN NANCE: If we change our process to include what Commissioner Henning suggested to begin with, I don't know where this process is going to be a problem after that, do you? MR. BROCK: It would certainly be better. But you still end up with the problem that I just explained. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Fiala, then Commissioner Taylor. COMMISSIONER HILLER: There are a lot of issues in what's being discussed, and these issues are raised by different questions. You know, the first question raised was, you know, what was the Page 39 September 8, 2015 benefit to the taxpayer. The other issue is how do we protect subs of our general contractors, whether or not we're dealing with the whole universe of these type of contracts, which is clearly not the case, and so I want to address these one by one. And also by the way, we also addressed BQ. So the first issue I want to address is that based on -- Jeff, can you clarify, we require performance bonds for contracts under -- over 200,000? MR. KLATZKOW: Yes, but this is not a performance bond issue. COMMISSIONER HILLER: Right, I understand. But this is going to the subs being paid. MR. KLATZKOW: It doesn't matter. Doesn't matter. You buy pencils and pens, you have no idea Staples is going to be paying for this. You hire people to clean; you have no idea if the employee is being paid. It's the same issue for everything. COMMISSIONER HILLER: All right, then we can -- but let's stick to the construction, because I think the Clerk is focused on construction. Are you focused on construction or are you also focused on pencils and pens and the -- our cleaners? I want to know how far we're going on this issue. CHAIRMAN NANCE: I'm the one that brought up the vendor issue. COMMISSIONER HILLER: I know, but let me just -- hang on a second. How far are we going? Are we dealing with all vendors on this or are we talking about construction? Because -- MR. BROCK: The daily/weekly contracts that are provided for in the agenda. COMMISSIONER HILLER: All of them. Page 40 September 8, 2015 MR. BROCK: The ones in which the request is being made to modify them. COMMISSIONER HILLER: Oh, and those are -- what type of contracts are those specifically? MR. OCHS: I'll ask Ms. Markiewicz, there's three different categories, if she would explain. MS. MARKIEWICZ: Joanne Markiewicz, Procurement Services Director. There are three contracts we're talking about, Commissioner. One is the general contract, services contract. A second one is the underground utility contractors. The third one is the concrete, sidewalks, curbs and floors. COMMISSIONER HILLER: So they're all construction contracts. And that was my understanding from the Clerk's initial presentation, since he was talking about the fact that these subcontractors would not be able to lien us because we're government. So I go back to the issue as it relates to these three vendors that for the contracts over 200,000, you've got the performance bond. For the contracts under 200,000, the protection to the taxpayer is very straightforward. The first is if there's a fixed price contract, then whoever the GC chooses to subcontract makes no difference to the county because the cost that we have committed to contractually is what we are going to pay. And, you know, the Clerk is saying well, you know, why would the county agree to general contracting services on a cost plus basis? Well, I think that's the norm for business everywhere, not just for this government but for this government, the private sector and other governments. There's -- I'm sorry, on a fixed price basis. On the cost plus basis, the protection for the sub is the contract with the general contractor. And that has nothing to do with us. So with respect to whatever the underlying cost is, the verification Page 41 September 8, 2015 of what that cost is is something that the Clerk has to confirm. And that's what happened in BQ. In BQ it was really simple. We would not have had a crime. There would not have been any sort of theft of public funds if the Clerk had done his pre-audit. And the way that should have occurred, and what would have protected the taxpayer, is that the Clerk would have done an independent verification of the subcontractor and their invoice before he paid the general contractor. That did not occur. And therefore monies were paid to the GC which allegedly should not have been paid. Now, we haven't gotten through the full investigation, because my understanding is the Clerk is continuing to pre-audit BQ's transactions and as a result FDLE has suspended their criminal investigation because they're not going to engage in a criminal investigation while the Clerk is engaging in his pre-audit. So going to the issue of, you know, what percentage of the underlying work should be done by the GC or the sub, I don't see how in any way that would have changed what happened with BQ. Whether it was, you know, 10 percent or 20 percent or five percent, the issue is exactly the same. With respect to the issue of whether or not this -- you know, these three contracts should be changed now to allow more subs than were originally permitted in those contracts, it does raise the question as to I think Commissioner Henning correctly said, you know, is it fair to change the terms now in a manner in which when this contract first went out to bid the first -- you know, the first set of bidders on that contract are now in effect disadvantaged because they said, you know, we told them they could only use 20 percent in terms of other subs than the GC or the contractor. So, I mean, there's something to be said with respect to these three right now. You know, changing in the middle of the game, if you will, does seem to present some unfairness. But I certainly don't see any Page 42 September 8, 2015 reason why in the future we should have limitations. And the GC should absolutely have to disclose the subs he's using. He needs to present, you know, if it's a cost plus contract, the underlying invoices, and it's the Clerk's duty to verify the validity of those underlying invoices, not by calling staff and saying staff, hey, are these the invoices you got, but as any proper auditor would do which is verification with the source, which is the sub that's providing either the materials or the labor to the GC, which is a conventional way of doing business. I just -- you know, since we're strictly talking about construction and tying this back to BQ, I just don't see the issue. Although I do see that there is some unfairness if we were to change as it relates to the three right now. COMMISSIONER HENNING: There's more than three on this agenda. COMMISSIONER HILLER: Well, we're talking about three -- CHAIRMAN NANCE: Different type of contracts. MS. MARKIEWICZ: Three contracts, 13 contractors. COMMISSIONER HILLER: But it's three contracts. But the issue is the three contracts. And -- COMMISSIONER HENNING: You have contracts with the 13. COMMISSIONER HILLER: And again, the issue -- no, we have -- how many contracts do we have? COMMISSIONER HENNING: It's on our agenda. COMMISSIONER HILLER: No, I want to be specific so I know what we're discussing. MS. MARKIEWICZ: We have three contracts with 13 different contractors. COMMISSIONER HENNING: So you have 13 contracts. MS. MARKIEWICZ: So we have two contractors for concrete, sidewalk, curbs and floors; five contractors for the general contractors; Page 43 September 8, 2015 and we have six contractors for underground utility contracts. It's -- COMMISSIONER HILLER: But in effect you have 13 contracts. COMMISSIONER HENNING: Yeah. MS. MARKIEWICZ: We have 13 contractors. Each of them have a contract, ma'am. COMMISSIONER HILLER: Right, so we have 13 contracts. So again, those 13 contracts as of right now limit how many subs can -- or what percentage of subcontracting work can be done under those contracts. MS. MARKIEWICZ: Yes, ma'am. COMMISSIONER HILLER: And I think in fairness they need to stay the way they are now, but prospectively don't put those limitations in and just require the GCs to put forward the underlying documentation, if it's a cost plus contract. And then the Clerk has a duty to do what he didn't do with BQ, which is independently verify that those underlying invoices, if it's a cost plus, are in fact legitimate, in other words, not fraudulent. MR. BROCK: Mr. Chairman, there have -- CHAIRMAN NANCE: Sir? MR. BROCK: -- been some very interesting remarks that I would like to comment upon. CHAIRMAN NANCE: Please proceed. MR. BROCK: To start with BQ Concrete. Let's talk about what really happened with BQ Concrete, okay? We have construction that takes place here on Davis Boulevard. And what was submitted to the Clerk of the Circuit Court was a representation that each and every one of the billings associated with that particular project fit into one of the classifications in the contract; that being so much concrete, so many square feet of concrete, so many machines, so many types of personnel, manager, laborer, such and Page 44 September 8, 2015 such. When in fact when we went into it and began looking at it what in fact it was, they did none of it. It was all done by a subcontractor. So to suggest what Commissioner Hiller just suggested evidenced that she doesn't know what she's talking about. CHAIRMAN NANCE: But sir, if it's a fraudulent situation, there's no organization, ordinance or purchasing ordinance or rules that are going to safeguard us from fraud now, is there? MR. BROCK: Commissioner, I fully understand that. I mean, there's absolute -- none of what we're talking about here today would have solved that problem. CHAIRMAN NANCE: Right. MR. BROCK: But if in fact you let the contracts the way you're letting them now, which was, as she spoke about it, we have a fixed term contract. We didn't have a fixed term contract. We had a basis of contract carried out to the price of the services under the agreement with the Board. CHAIRMAN NANCE: Time and materials is what you had. MR. BROCK: That is correct, time and material-- well, time and materials based upon what you pay for it. CHAIRMAN NANCE: Based upon the -- MR. BROCK: That is correct. CHAIRMAN NANCE: You had time and materials, which is why time and materials contracts are not good for anybody really, but there's certain circumstances where you need to have them or if there's an emergency you need to have some arrangement. And for those you need to have flexibility. You can't do time and materials without flexibility. That's what it anticipates, the circumstance. So if we're going to do that with these fixed contractors that, you know, we go out and say how much is your labor -- MR. BROCK: They're not fixed. Page 45 September 8, 2015 CHAIRMAN NANCE: -- your supervisors -- but they're general contracts that require verification of the rates that they have -- MR. BROCK: Not the rates. CHAIRMAN NANCE: Well, rates for supervisors, time, you know, the cost per unit -- MR. BROCK: Right. CHAIRMAN NANCE: -- that they are contracting to, you know, provide whatever services they provide to the county. MR. BROCK: Right. And if the suggestion here today by this Board is that the Clerk needs to go out and audit every one of these projects to ensure that these people are in fact out there working, that they're putting this particular amount of goods on-site and that they are in fact providing X amount of employees of a particular grade for each project, then the cost of operating the Clerk's Office is going to become prohibitive. I thought that was what the role of these contract managers that you hire to be out there working was for. And then to certify to the Clerk of the Circuit Court -- as a matter of fact they actually sign a statement and a certificate to the effect that we certify that the goods and services have in fact been performed. If you're telling me here today that I can no longer rely upon that, that's fine, I can do it, I guarantee you. But it's going to cost the taxpayers a small fortune, because I'm going to have to go and redo everything that your employees do. CHAIRMAN NANCE: But please clarify this. As part of your pre-audit function, which you typically perform, don't you require invoices from subcontractors -- MR. BROCK: If I know about them. CHAIRMAN NANCE: -- on a regular basis? MR. BROCK: If I know about them. CHAIRMAN NANCE: Yeah, so you do that. Page 46 September 8, 2015 MR. BROCK: And, you know, another instance with BQ, we received a falsified or a forged invoice from a sub on two separate occasions. It went from $6,500 to $26,000. CHAIRMAN NANCE: Which goes back to what we just agreed upon, that there's no defense for fraud. MR. BROCK: But if you think about it, if you have concrete, piece of equipment, an employee, okay, as a price in your contract, if the contractor then can go just hire anybody he wants to hire at any price he wants to hire them at as a subcontractor and then add 20 percent on top of what he pays that subcontractor, why would you ever want to use the base prices in your contract? You're getting 20 percent for nothing. CHAIRMAN NANCE: Well, that's the dilemma of time and materials. Before I go back to Commissioner Hiller, I'm going to go to Commissioner Fiala and Commissioner Taylor and let them join in the fun. COMMISSIONER FIALA: I don't know how much fun this is, by the way. Just a few things, and I'm certainly not as adapt to all of this as my colleagues. On the one item where they were going to change the bid, I don't agree with anything like that. It's already been let and that's what prompted the people to bid for it in the first place. I don't think we should go back and change something that's already standing. So that's my message on that. But what's coming forward is that all of these things need monitoring, each person, and they're not getting paid. It's not our obligation, in my opinion, and as humble as that is, it's not our obligation to make sure that the subs get paid. It's the obligation of the contractor. And if the contractor isn't doing it, well then, you know, Page 47 September 8, 2015 probably the police ought be called in or something, Sheriffs Office. But, you know, I think we've missed -- we've got a great CBIA here in town, and maybe we should be working with the CBIA on these contracts. And they also -- they govern what goes on in their organization, and they can also warn people of contractors that are not reputable or who do not pay. And I think we ought to rope them in on this. And I bet they would like to work with us on this and maybe help us solve this problem. You know, when we hire people -- first of all, for the county, we can't hire the best guys because we know they're the great guys, we have to go by the bids. You know, you have to get the lowest bid. And sometimes you get what you pay for, but you have to go to the lowest bid and then take that person. And I don't know what we can ever do about changing that to go to the best bidder or the contractor who will do the best job. So then we're faced with a contractor that doesn't pay his subs, and to and behold it smacks us in the face. Well, we had no idea. Maybe CBIA could help us with, you know, telling us contractors we shouldn't be using. I don't know that that can happen. But I just thought we need to come up with some solutions here and so I thought I'd throw a few on the table. Because I don't think it's our obligation, the county's obligation, to go after people who aren't being paid. We hire people, we pay them, understanding that they were going to do the job that they bid on and that our contract says. And if they don't pay somebody, as sad as that is and angry as I get about that, it's not our job to go out and collect from them. So those are my two cents. MR. BROCK: Commissioner, a couple of comments. I agree with you totally. Legally you have no responsibility whatsoever. But, you know, there's a discussion that always goes around that nobody wants to work for government, okay. And this is another reason that people don't want to work for government. That happens, you know. Page 48 September 8, 2015 That potential is always there. This is a political question, pure and simple. If you want to deal with it in a laissez faire manner, let the vendor beware, that's your call. I simply want you to understand the ramifications. That's all I'm trying to do. COMMISSIONER FIALA: You know, Dwight -- I'm sorry, Clerk, I'm -- MR. BROCK: My name's Dwight and I answer to that. COMMISSIONER FIALA: I think that most people know who the good guys and the bad guys are. If some new ones pop up here and there, I think CBIA could make sure to point that out to others. But, you know, word travels fast among subs. They know who's the good guys and who are the bad guys as far as contractors go and who will pay and who won't, who's fair and who isn't. And I would suggest again that maybe we enlist the help of CBIA to help us along. Thank you. CHAIRMAN NANCE: Commissioner Taylor and back to Commissioner Hiller. COMMISSIONER TAYLOR: I'd like to propose something. I'd like to propose that the Clerk appoint a high level manager in your department and the County Manager appoint a high level manager in his department and go and sit across the table from one another and work this out one way or another and try to come to some kind of conclusion. Because I see this is very difficult. I see both sides to this. And if we can't get together and solve a problem, what are we doing? MR. BROCK: Commissioner, I hear you, I understand you and I don't have a problem doing it. COMMISSIONER TAYLOR: Is that a yes? MR. BROCK: Yes, don't have a problem. But wait. You know, this is a political issue, not anything else. I'm simply pointing -- trying to point out to you what the political Page 49 September 8, 2015 ramifications are. Legally there is absolutely no question, you have no legal obligation to protect that sub. But as numerous vendors have come to us and said, you know, we went to work for government. We certainly thought government was going to protect us. And in reality, no, it's not. And that's all I'm trying to convey to you. How you do it is no skin off of my teeth. I can do it any way you want to. I simply wanted to point out to you that it is the subcontractor in that situation that has no privy with the contractor -- has no privy with the county. His privy is with the contractor. And generally when this happens, you know, they don't have anything in which they could go after to recover. COMMISSIONER TAYLOR: And I understand it and that's the human side. MR. BROCK: We will be more than happy to work with anybody and try to explain to them the issues that we see, and it's not our call to make. COMMISSIONER TAYLOR: No, but -- MR. BROCK: Their call. But, I mean, that's all I'm doing here today is trying to explain to you the issue. COMMISSIONER TAYLOR: I think it would help. It would help this -- MR. BROCK: Be more than happy to. Crystal will be more than happy too. COMMISSIONER TAYLOR: County Manager? MR. OCHS: Yes, ma'am, be happy to do that. Also at this time based on -- COMMISSIONER HILLER: Excuse me. Hang on. We're not taking a vote on this, and I think this is really inappropriate. If the Clerk says this is a political -- CHAIRMAN NANCE: Wait a second, ma'am, let Commissioner Taylor have dialogue -- Page 50 September 8, 2015 COMMISSIONER HILLER: This is a policy issue. CHAIRMAN NANCE: -- for just a minute and I'll be right -- COMMISSIONER HILLER: This is not a staff issue. And it's not a Clerk issue. CHAIRMAN NANCE: I'll be right back to you, ma'am, I promise. MR. OCHS: Commissioner, I agree with you, it is a policy issue. Certainly it's not a staff issue, it's a policy issue about whether you want to limit the amount of subcontracting work that can occur under a general contractor awarded contract that was competitively awarded. I'm happy to sit with the Clerk's Office to talk about particulars, but you are right, ma'am, this question of whether or not you're going to limit the participation of subcontractors is very much a policy issue. In listening to the Board, I would like to withdraw our request because I do agree with you and Commissioner Henning and Commissioner Fiala that we shouldn't make this change mid-contract. But certainly when we write the specifications for the new contracts, we would like to insert, you know, this provision into the contract. COMMISSIONER TAYLOR: Well, and again, I'm asking this because I can see both sides, clearly. I mean, I understand the value and -- of time is money, I understand that. And I understand the human side of subcontracting and of having to, you know, be responsible or accountable as a government. So -- and then the legal gets in there always. So I just think it would help this Commissioner if there could be some kind of communication between the Manager and the Clerk to try to come to some kind of solution here. MR. BROCK: I want to clarify something that Leo just said. He said that the contracts were competitively let. You know, the way -- and I'm going to use BQ again as an example. The items that were bid in BQ were not and did not include Page 51 September 8, 2015 subcontractors. They did not bid the cost, the total cost of the project. It's simply these elements of the work that is bid. And then when you throw what you add on as the contractor, there's no limitations. So it's really not competitively bid for the project. I just wanted to clarify that. CHAIRMAN NANCE: Once again, my concern -- I can identify concern, and I think we need to tighten up with our purchasing ordinance and our contracting program with these contracts that are of a time and material nature. This is where it all comes off the rails. This is where we don't know what it's going to cost us, we don't know what's going to happen. Now, I identify that there are circumstances where that is the only sort of a contract you can use, because you don't know what you're even bartering for because you're going into an unknown. You've got a problem on the other side of that wall and we're going to find it. So what you want to do is you want to have somebody that wants to participate in that. But staff also has to have the flexibility to deal with it to get that person paid and get the job done. So I just think if you two guys could get together and staff could get together between the Clerk and the County Manager, as Commissioner Taylor has suggested, and go through there. But I can tell you it's these time and materials sorts of things, and I don't want to beat that word, because that's my word, that's not your word. But it needs to be thought of in that way because that's where I see the problem. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Thank you very much. First of all again, with respect to construction contracts, we're dealing only as to this political issue with contracts under 200,000. With respect to those contracts under 200,000, the first thing I would like is for our purchasing director to explain that we don't have Page 52 September 8, 2015 open-ended contracts that don't have a dollar cap on them, that it's not time and materials no matter what. Can you explain how your cost plus contracts work? MS. MARKIEWICZ: Thank you, ma'am. Because I think things are getting very confusing here. And let's take this room as an example. We have five general contractors. We know the cost of the project probably is going to be $50,000 to redo the lights, to redo the vents, to put in new carpet, to paint the walls. COMMISSIONER HENNING: What? MS. MARKIEWICZ: I'm using that in the way of an example. COMMISSIONER HENNING: Oh, we're not doing that though, right? MS. MARKIEWICZ: I don't think so. I don't think so. MR. OCHS: No, we're not. MS. MARKIEWICZ: In the way of an example, though. We have five general contractors. Our facilities plant would go out to the five general contractors and ask them for a price, a total price for that project. We would evaluate all five of those quotes that they would provide to us. And generally speaking the lowest quote would be awarded that contract. And let's say that contract is for $35,000. The general contractor would be assured $35,000 for the paint, the HVAC, the light, the carpet, and at that point we would issue a purchase order for that. Now, if the general contractor doesn't have the electricians on staff, what we're suggesting is that we shouldn't limit the lighting, the lighting portion of that contract, rather we're going to pay the contractor to perform $35,000 for the entire job that we scoped out. So each of these have a fixed price that we use under the general contractors. And if they use subcontractors, what we're suggesting here is that they be allowed to use subcontractors as they need them and not have a fixed percentage for that $35,000 job. Page 53 September 8, 2015 COMMISSIONER HILLER: And under that $35,000 cap, the GC can go out, he can sub the work and he can get the -- he gets a bid from the electrician, and he can add a certain percentage. As long as in total that project doesn't exceed 35,000 the county is protected, the GC makes his money for contracting out the services, and the sub performs the services at whatever price he's negotiated with that GC. And then the contract between the GC and the sub is what protects the sub. MS. MARKIEWICZ: That's correct. COMMISSIONER HILLER: Thank you. And that basically addresses your issue about there is no run-on. Now, let me go back to the next issue where the Clerk -- and I'm going to actually take these in the order in which he brought it up. He said he relies on invoices from the general contractor that are certified, in other words, verified invoices, they're notarized, stamped as being true and representing, you know, what was done and what is owed; is that correct? MR. BROCK: Certified by your staff as having been provided on the job. COMMISSIONER HILLER: Oh, not certified by the contractor? MR. BROCK: No. COMMISSIONER HILLER: And why don't you get certified invoices from the contractors? MR. BROCK: Well, I assume that, you know, as a government employee and as a member of your staff that if you're going to certify to me that the goods and services that they're submitting a bill for have been received and used in the job, that that would be sufficient. If I'm not any longer able to rely upon the certification of your staff, that's fine. I don't have a problem. I can do it. But it's going to cost a fortune. COMMISSIONER HILLER: No, it's not going to cost a fortune; that's completely incorrect. Page 54 September 8, 2015 First of all, my understanding is normally what happens in the industry is that the contractor is supposed to present a certified invoice that he, you know, swears as true that the labor and material that he's charging for is what was done. Now, you know, for you to go to our staff and ask our staff to verify what these people have done, they're going to of course verify what they have observed. But what bills you receive and what you are paying on is what you have to verify independently. And if you're looking at the cost of an underlying invoice, like a subcontractor invoice, in the case of BQ, because the issue in the case of BQ was fraud, or alleged fraud, because we don't know yet that it was fraud. I believe the investigation is pending because you're engaged in your pre-audit, so you blocked FDLE's advancement in the criminal investigation of this matter. But essentially what happened was supposedly the general contractor submitted to you, at your request, the underlying invoice for materials, and I think labor as well, but materials for sure from a subcontractor. And you did not independently verify that that was a legitimate third-party invoice. And it's very basic. It's a very basic simple test. And I know you try to do it with other vendors, but you didn't do it in that case. MR. BROCK: Commissioner? COMMISSIONER HILLER: So let me -- MR. BROCK: I want to -- COMMISSIONER HILLER: And the issue -- no, no. MR. BROCK: I want to answer the question that you have just broached. COMMISSIONER HILLER: Go ahead. MR. BROCK: Now, what happens in this process is when you submit the bill asking that it be paid through your staff, your staff signs a certificate telling me that the goods and services that you're asking Page 55 September 8, 2015 me to pay have in fact been received by the county. Now, you are the body that has the person on site as the contract administrator to ensure that that's the case. If it's my responsibility to have that contract administrator on site, I can do that. COMMISSIONER HILLER: We're not talking about -- MR. BROCK: But wait. COMMISSIONER HILLER: -- the work performed in the case of BQ. MR. BROCK: In addition to that -- COMMISSIONER HILLER: We're talking about the amount invoiced from the subcontractor, which is completely different. And you have -- MR. BROCK: No, it's not completely different. COMMISSIONER HILLER: Yes, it is completely different. You have the ability to go out and do independent confirmation of third-party invoices. You pick up the phone, you get a copy of that invoice and you call and you say Coastal Concrete, did you charge the GC $6,000 or $25,000, or however much you ask, or you just leave it blank and let them come back and verify. That's how that fraud was uncovered. MR. BROCK: And in a random process we do in fact do that to some of the vendors. That is our audit. You know, for me to go out and do that for each and every contract, that's no longer auditing, that is contract management. COMMISSIONER HILLER: It's not contract management to do independent verification of the invoice. CHAIRMAN NANCE: Ladies and Gentlemen. COMMISSIONER HILLER: Let me continue. CHAIRMAN NANCE: Let me say one thing, Commissioner, please. Page 56 September 8, 2015 Mr. Brock is correct and you are correct. And that is the basis of the disagreement that we have had going on between the Clerk and the County Manager this whole time. And that is that fundamentally as administrators of the government and County Commissioners, as elected officials to give policy direction, have to rely upon our staff and our system of supervision and checks for everything that we do. We have to rely upon all these things. That's the only way these things can be done. In order for things to be verified and checked in a billion dollar company, you have to have a vast system to do that. In order for Mr. Brock to process the work that he does is a vast undertaking and requires that many people have to assert that things are in order and right and are signing off on a daily basis. This is happening at multiple levels across the county. And everything you've said is something we have to rely on. As commissioners we have to rely upon that. We have to rely upon staff making a decision for example that things have been delivered and money has been spent properly and that it serves a public purpose. This has to happen every day. It in fact goes on every day. And that's why the system we have is good but it's also very complicated and very cumbersome. So I really don't see the problem -- COMMISSIONER HILLER: The solution is -- CHAIRMAN NANCE: -- in tweaking this a little bit. COMMISSIONER HILLER: Can I finish what I was saying? CHAIRMAN NANCE: Commissioner Hiller, please continue. COMMISSIONER HILLER: Thank you. So the solution -- if the public policy issue is how do we protect our subs, and if that's the issue we're dealing with and we're not dealing with, you know, whether the Clerk is properly pre-auditing, then the solution is very simple. You issue checks to the general contractor and to the sub for the amount. You just cut a check in the name of both and Page 57 September 8, 2015 you're done. And it's as simple as that. And all this other nonsense about what percentage of subs should be in a contract is nonsense. It's a political red herring to create an issue where there is none. If we care so much about our subs that we want to protect them, notwithstanding they know full well that when they're doing business with a GC they are at risk, whether it's in the private sector or the public sector, then let's take the next step. Because even in the private sector that can be done. So if we want to do something from a policy standpoint to make sure that our subs get paid, then let's just insist that with contracts that are under 200,000 related to construction that checks will be jointly written to the GC and to the sub for the work done by the sub. And then there's no concern that a sub would not be paid. MR. BROCK: And Commissioner, you ask me to do that and I have no problem whatsoever. But that -- I don't make the determination as to who to pay, you make that determination. COMMISSIONER HILLER: And we can make that determination. MR. BROCK: All you need to do is direct me to do that and it is COMMISSIONER HILLER: And again, this has nothing to do with what percentage of subs are participating in a contract. You know, a GC should have the ability to use the number of subs necessary to get the job done to the highest level of quality at the lowest possible cost for the benefit of the taxpayer. COMMISSIONER FIALA: I have a question. COMMISSIONER HILLER: At a max. And by the way, you are absolutely right, Commissioner Fiala. Your suggestion that we should get CBIA involved looking at these construction relationships and look at what other jurisdictions are doing on a construction basis, both with respect to not only how we are Page 58 September 8, 2015 contracting but how we within county government were overseeing these projects. And I would actually be curious also to see how clerks in other jurisdictions are doing the pre-audits of, you know, their outside vendors as well, depending on the nature of the contracts. I think all of that would be worthwhile exploring. We have a great group in the CBIA, they've been good partners and we should engage them. COMMISSIONER FIALA: But how do the contractors, when they pay the subcontractors, don't they take like a percentage because they're the contractors who go out and take the risk? COMMISSIONER HILLER: So you do -- COMMISSIONER FIALA: So the check is made out to both. I love that idea. COMMISSIONER HILLER: So you do a check made out to both for the cost of the services of the sub and you do a separate check, you know, to the GC for his cut, whatever percentage markup he's entitled to beyond that. And that shouldn't be an issue. CHAIRMAN NANCE: Let's go to Commissioner Henning and then Commissioner Taylor who has already suggested some direction to -- COMMISSIONER HILLER: Can I -- CHAIRMAN NANCE: -- staff and see if we can find a motion here somewhere, because -- COMMISSIONER HILLER: I'd like to make a motion. CHAIRMAN NANCE: -- item 11.G is becoming -- COMMISSIONER HILLER: I'd like to make a motion. But I'd like to suggest one thing, and I think staff should be given the opportunity to explain the situation with the bins which is the Davis Boulevard allegation, because my understanding, the bins was not part of the fraud claim in the BQ project. Is that correct, Mr. -- COMMISSIONER HENNING: That's not on the agenda. Page 59 September 8, 2015 COMMISSIONER HILLER: Well, it was brought up by the Clerk, and I think staff should have the opportunity to explain that. MR. CASALANGUIDA: The contractor in that case signed an affidavit that he met the contract requirements. Again, what you brought up today, you can't handle the fraud issue up front and it's under investigation. So he verified that he did the work. Whether he did or he didn't, that's a different story. We've heard a lot today and I think the direction -- COMMISSIONER HILLER: Was the work done? MR. CASALANGUIDA: The work was completed, ma'am. COMMISSIONER HILLER: And was the price charged the price agreed to? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: So the only issue was whether or not he did the work or whether he had a sub do the work? MR. CASALANGUIDA: Correct, ma'am. COMMISSIONER HILLER: I see. MR. BROCK: The price was what was agreed to? COMMISSIONER HILLER: With respect to the bins? MR. CASALANGUIDA: Yes, it was, sir. That's what was provided. COMMISSIONER HENNING: Can I go next? COMMISSIONER HILLER: I'd like to make a motion. CHAIRMAN NANCE: We're going to Commissioner Henning, then Commissioner Taylor, and hopefully there's some -- COMMISSIONER HILLER: Can I make a motion? COMMISSIONER HENNING: Leo, I think you just said that you agree with me that we shouldn't make changes to these. Right? MR. OCHS: Yes. COMMISSIONER HENNING: Okay. So why are we arguing? Because we're politicians. And I apologize -- Page 60 September 8, 2015 COMMISSIONER HILLER: No, because these are very significant issues. COMMISSIONER HENNING: I have the floor. Mr. Chairman, I have the floor. CHAIRMAN NANCE: Please continue, Commissioner Henning. COMMISSIONER HENNING: Thank you. I apologize to everybody for the lengthy discussion on this. Hopefully my last item that I pulled from the consent doesn't take as long, okay, because we're going to be here all day long with the political minutia up here. So if the County Manager is agreeable that we don't change these MR. OCHS: Yes, sir. COMMISSIONER HENNING: Correct. MR. OCHS: For the term of these contracts, yes. COMMISSIONER HENNING: For the term of these contracts. MR. OCHS: Right. COMMISSIONER HENNING: Then with that said, I make a motion to approve based upon what the County Manager has stated and let's move on. It addressed everybody's concerns. MR. OCHS: That will give us some time to come back to address some of these process and policy issues before we get into the next round of contracting. COMMISSIONER HENNING: Absolutely. CHAIRMAN NANCE: I will second it for the benefit of the county. COMMISSIONER HENNING: And quite frankly, what Joanne said, if it was true, that if you have a contractor for the example of this room, theoretically that, you know, didn't have the ability to do the electrical because he wasn't qualified to do electrical, I wouldn't have a problem with something like that because -- but it's not written in the Page 61 September 8, 2015 change of the contract. But in the issue of the concrete, that contractor, Newburton (phonetic) Construction, does concrete, okay? He's not doing electrical or something else. But if that's the intent, be more specific in these items that come to the Board. Thank you. MR. OCHS: We'll do that. CHAIRMAN NANCE: Commissioner Taylor. And then unless we can conclude this, we're going to take a break for the court reporter, because the court reporter is falling out of her chair. And I'm sorry, ma'am, somebody should have thrown a flag over there from the Deputy County Manager. Commissioner Taylor. COMMISSIONER HENNING: Someone should have thrown a flag at this item a long time ago. COMMISSIONER TAYLOR: Does this -- there's a motion on the floor -- CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: -- and a second. And I would support it. But does this preclude the County Manager's Office and the Clerk's Office working this out? MR. BROCK: No, Commissioner. We'd be more than happy to get with the County Manager's Office. COMMISSIONER TAYLOR: And presenting it to us and then we can make that political decision. Does that preclude it? MR. BROCK: No. CHAIRMAN NANCE: We have a motion and a second. COMMISSIONER TAYLOR: Commissioner Henning? COMMISSIONER HENNING: The County Manager is free to talk to anybody, but that's up to him. I'm not going to hamstring him or I'm not going to tell him to do it. But however, I know that he will, Page 62 September 8, 2015 if that's what you want, Commissioner Taylor. CHAIRMAN NANCE: I'm agreeable. COMMISSIONER TAYLOR: That's what I want. CHAIRMAN NANCE: I'm agreeable to that. COMMISSIONER TAYLOR: Okay, you're agreeable? Okay. CHAIRMAN NANCE: Is there any further comment? MR. OCHS: Just to clarify, the motion is to approve this item except for the recommended changes on the utilization of subcontractors. COMMISSIONER HENNING: Correct. COMMISSIONER HILLER: As it relates to these contracts. MR. OCHS: Yes, ma'am. CHAIRMAN NANCE: Any further comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) MR. BROCK: Thank you, Commissioners. CHAIRMAN NANCE: Thank you. We are now going to take a break to 11 :20 for the court reporter's benefit. Thank you so much. (Recess.) CHAIRMAN NANCE: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Yes, let's get started again and see if we can be a little more efficient in the next agenda item. Page 63 September 8, 2015 Item #14B1 THE CRA (COMMUNITY REDEVELOPMENT AGENCY) BOARD TO REVIEW AND DISCUSS OPTIONS TO MARKET AND SELL, OR DEVELOP THROUGH A PUBLIC-PRIVATE PARTNERSHIP, CRA-OWNED PROPERTY IDENTIFIED IN THE REDEVELOPMENT PLAN FOR THE DEVELOPMENT OF A CATALYST PROJECT AND PROVIDE THE PROPER AUTHORIZATIONS TO FACILITATE THE SAME — MOTION TO ACCEPT OPTION #3 AND BRING BACK SPECIFICATIONS AT THE OCTOBER 7, 2015 BCC MEETING — APPROVED MR. OCHS: Yes, sir, this was your 11 :00 a.m. time certain. It's Item 14.B.1 on today's agenda, a recommendation for the Community Redevelopment Agency Board to review and discuss options to market and sell and develop through a public/private partnership the CRA-owned (sic) identified in the redevelopment plan for development of a catalyst project and provide proper authorization to facilitate the project. Mr. County Attorney, is it appropriate for the Board to convene as the CRA Board for this matter? MR. KLATZKOW: Yes, it is. COMMISSIONER FIALA: Thank you. The CRA meeting is now in session. MS. JOURDAN: Good morning. For the record, Jean Jourdan, Operation Manager, Bayshore/Gateway CRA. Before the CRA Board had gone on break they had asked staff to bring back an item which is actually dealing with the property in the Gateway Triangle. What we're proposing is three options for the Board to consider. Option one would be to list the property with CRE, which is Page 64 September 8, 2015 Commercial Real Estate Consultants, LLC. This is a company that the purchasing department put out an RFP with and is on contract with the county. The second option would be over the last, well, I would say over the summer we've had a lot of interest in the property, a lot of calls wanting to know what we were going to do with the property, if we were going to list it, were we accepting offers. The second option would allow the CRA staff to work with county real property staff, and we would actually market and accept offers for the property and all offers would come back to the Board for consideration. The third option is for the CRA Board to open up a window for interested parties to submit their proposal for pricing concept for developing the subject property. This would include public-private partnerships. Option one and two, the difference between option one and two in my opinion is that they -- option one and two and three. Option one and two allows us to list it for a specific price. We also list in there what we would like to see on the property and then we take offers. Option three in the public-private partnership, there would be no price listed. This would be that we would consider all offers from different private partnerships, such as I know CAPA, the Cultural and Performing Arts group is one of the groups that are here to speak today on the item. So these are the three options that we're asking the Board to look at and consider, or any other options the Board feels is desirable for how to market and sell this property. COMMISSIONER FIALA: Commissioner Henning? COMMISSIONER HENNING: Thank you. I've also had some conversation with some folks that would like to buy it outright. If that is option two for -- to direct staff to have a window of opportunity to Page 65 September 8, 2015 sell it outright, that is going to be -- that is my motion. Is that your understanding what number two is? MS. JOURDAN: Yeah, the only difference between number two is we wouldn't have a real estate firm which would actually get the word out there more so. We would probably get more offers. But option two allows any real estate agent to come to us with offers. But please note in there that it would compensate them if they did bring -- COMMISSIONER HENNING: Right, that is a buyer's agent, not a seller's agent. MS. JOURDAN: Right. COMMISSIONER HENNING: That means the buyer needs to pay it, not the seller. MS. JOURDAN: We can put that in the contract, yes, in the agreement. COMMISSIONER HENNING: Well, that's -- that should be well known. That's -- anyways, that's my motion, if that's what -- COMMISSIONER FIALA: Actually, I had my button on second, although here I am now the Chairman and I shouldn't be speaking at all. But I do -- can I do that? COMMISSIONER HILLER: Oh, yeah. COMMISSIONER FIALA: But I would like to say that I don't want to jump into anything -- well, this is one person's opinion only. I don't want to jump into anything. Now, I think we ought to do a study, I've talked to a few people about this, and actually see where this property could go, what the highest potential is. Because when we first started buying -- this is years back we started buying the CRA properties. And the reason we were buying them up is because we wanted one cohesive project rather than, you know, a collision place and a rental place and so forth. We wanted one project that would be a catalyst for future outstanding growth to that area. If this triangle is purchased and managed right, you know, it can Page 66 September 8, 2015 change the complexion of that whole area. But it has to be done properly, it has to be done right. And I think before we even know what would be best for the area, maybe we ought to have a study on that. And I think the CRA board should be the one that conducts this -- you know, hires the study group to then meet your goals. It's your goals. And what you think is best. You guys have been in this project for a long time. It's not something new. And I know that you all have ideas for it. And you would want to see the highest and best use and then you would bring it back to us. But that's just my suggestion, okay. And Commissioner Taylor? COMMISSIONER TAYLOR: Me? COMMISSIONER FIALA: Yes, ma'am. COMMISSIONER TAYLOR: I don't know if I was second. I don't think so. COMMISSIONER FIALA: Yeah, you were right after me. COMMISSIONER TAYLOR: I was? COMMISSIONER FIALA: Yes. First it was Henning, then me, now you. COMMISSIONER TAYLOR: This gateway is the -- the City of Naples, the boundaries, are pretty much set. But the City of Naples is pretty much maxed out. And everything is moving east. It's clear. If anyone's gone over the bridge, the Gordon River Bridge and looked at the new Hilton, I believe it's the Hilton, the hotel, right? Hyatt, excuse me. COMMISSIONER FIALA: They both start with H. COMMISSIONER TAYLOR: It's really going to be quite magnificent. And it's all starting to move east. To me the right project is -- will be the loadstar for the area. It's going to define what we do there. And I think it's so very important to bring the professionals in to advise us and to do a study. I like your Page 67 September 8, 2015 idea a lot, Madam Chairman. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: And, you know, we pride ourselves in Collier County that we -- you know, we're government that wants to do business. Well, let's prove it. Let's get some proposals. Let's look at this with business in mind and understand that maybe a bird in hand today is not worth what it would be if we had the right project that would bring in the taxes and the TIF money in the future. So I'm not so immediate. I'd like to do a study and then make a decision, whatever that is. COMMISSIONER FIALA: Commissioner Hiller and then we'll go to our speakers. How many speakers do we have, Troy? MR. MILLER: We have three. COMMISSIONER HILLER: Thank you. I do agree that we should send this back to staff and allow staff-- and not just CRA staff necessarily, advisory board, but county staff along with our real estate division and our IRB counsel, Industrial Revenue Bond counsel, to explore this project. I think there's an opportunity here, and I'm not sure what the best way to structure it is, to take this property to market, to let the market dictate what the highest and best use is, because that's what will increase the overall value of that area. And to see what opportunities exist to finance that project through an industrial revenue bond as opposed to a public-private partnership. I like the idea of-- and CAPA and I have worked together. I think our first meeting that we had, the first thing I said to you is, you know, why would you want to be a partner with government? Don't you want to own it outright and don't you want to have the ability to make decisions independently? And their answer was yes, absolutely. Page 68 September 8, 2015 And I think we have a number of parties in the audience today, in fact quite a few, all of whom are interested, and I don't think any single one of them wouldn't prefer to stand on their own two feet and of course maximize that value, not only financially but also to the community of what that project can bring. And I think us dictating that is a mistake. I think the market needs to dictate that. And whoever would acquire the property would do so obviously with that objective. So I think Commissioner Fiala is absolutely right. I hear that Commissioner Taylor supports it. We should send it back to staff. But I wouldn't go so far as to say to do a study and to start convening committees, but just to work with these parties and evaluate. And I would talk to the various parties that are interested and get input from them on what the optimal way to bring this back to the Board to put it out there for a solicitation. And I also have to agree with Commissioner Henning, to the extent that any brokers are compensated it will be by the buyer. And all appropriate disclosures by that broker would have to be made, unlike the last transaction where no disclosures were made to the county and then we had this, you know, alleged commission claim. So if-- Commissioner Fiala, if you would make a motion to, you know, like a modified motion to just send this back to staff-- did Commissioner Henning make a motion? COMMISSIONER FIALA: He made a -- CHAIRMAN NANCE: He did, but I didn't see a second. COMMISSIONER FIALA: There wasn't a second. COMMISSIONER HILLER: There was no second. Can you make a -- since that fails, can you make a motion? COMMISSIONER FIALA: I respect that request and I would be happy to. But I first want to hear from Commissioner Nance. And I want to hear from the speakers because they might lend a different Page 69 September 8, 2015 light to us before I make a motion. COMMISSIONER NANCE: Thank you. Numerous people have contacted me, you know, relatively quickly after the last offer didn't prove fruitful. I sincerely hope that there's big bold ideas that can come forward on this. I think the last individual actually had a concept that he just couldn't bring to light. But, you know, I will just kick the elephant in the middle of the room and I'll say almost everybody that's talked to me has said, you know what, to really do something really exciting, we need more density. And I said well, you're talking to the wrong commissioner. You know, if you want to provide a concept that's big and bold and different, then I'm going to be looking to the commissioners. I'm going to be looking to Commissioner Taylor and Commissioner Fiala for their blessing before we do anything like that. But I hope that what we come out of today allows people to open up the box and come out with something exciting. And, you know, if they can satisfy those commission districts that, you know, things are going to be compatible and it's going to be a great project, then I will certainly entertain their lead. So that's all I have to say. COMMISSIONER FIALA: Great. Thank you very much. Sir, will you call our speakers. MR. MILLER: Yes, ma'am. Your first public speaker is Dwight Richardson. He'll be followed by Jerry Starky. MR. RICHARDSON: Do you want to say something more? MS. JOURDAN: No. MR. RICHARDSON: Good morning, Commissioners, and Chairman Nance. My name is Dwight Richardson. I'm on the board of directors of Bayshore -- used to be Bayshore Cultural and Performing Arts Center. And as you probably know, our mission is to provide to the community affordable cultural educational and performance Page 70 September 8, 2015 opportunities while developing a new performing arts center. And we put it in that order because we've been before you before a couple of years ago trying to accomplish a public-private partnership on the 17 acres that you had the point of view then which prevailed that we in some way would have to purchase it and not have county as a landlord. So it got appraised and came back with a $3 million tag, which we were unable to move forward on at that time and bring forth this public-private partnership on that property. So here we are fast forward two years later and lo and behold another CRA property is in front of us and that's the 5.3 acres that is in the triangle; in the golden triangle as I look at it. And certainly the other speakers and myself agree that this is a real jewel and an opportunity. And we're hoping that the county will leave it open, as someone has suggested, to try to see what we can work out. But I've got to tell you, the real key point here is how much -- how forward looking the county really wants to be relative to the use of this property. If you are saying, as Commissioner Henning is suggesting, we should go and define highest and best use, meaning the most money we can get for this project right now, for this property right now, then we're up against it. Because as a public-private partnership group, be it CAPA or be it what Jerry Starky is going to represent, or be it Opera Naples, the principal people that are interested in trying to get their act together and work on this, we have to have some -- ultimately we have to have some skin in the game from the county, meaning the property. If you're holding the property out and saying that we have to come up with 5.3 or 2 or whatever the million dollars are to buy that property before we can even go forward, then we're basically dead in the water. Because it's difficult to pull together a big project like this and finance it and show you we can finance it with that hanging over Page 71 September 8, 2015 our head. If the county really is visionary, and this is going into the macro into the minutia we've been talking about, if the county is really serious about this and recognizes the value of this property, then we would look for them to put forth that property to the public-private partnership and challenge us to come back with the right kind of project that meets your specifications. Now, that's different than what is being really laid out for you from staff COMMISSIONER FIALA: Thank you, Dwight. Your time was up. MR. RICHARDSON: Time was up? I didn't even get started. So we are supportive of the other parties that will be speaking to you to see if we can't work something out. But just one final comment. I would remind you that there's a new statute on the books from Florida that was put in motion adopted June 27th, 2013, and it's HB-85. And this specifically governs public-private partnerships with responsible entities like yourself So anything we do is going to have to be governed by that and not the way it used to be handled. COMMISSIONER FIALA: Dwight, thank you very, very much. Maybe you can get that and distribute to all of us. You can send it via email or something so we can all read that. MR. RICHARDSON: It's 28 pages. I'll be happy to do it. COMMISSIONER FIALA: Next -- what? MR. RICHARDSON: It's 28 pages, I read it all. COMMISSIONER FIALA: Oh gosh. Troy, would you -- MR. MILLER: Your next speaker is Jerry Starky. He'll be followed by John Agnelli. MR. STARKY: Good morning. Appreciate the opportunity to Page 72 September 8, 2015 speak to you. I'm Jerry Starky. I come here to offer some perspective. I'm a member of the community, and I've been in the development business in Florida since 1988, principally as president and CEO of two reasonably sized companies here, Florida Design Communities, who was also the successor to WCI in a reverse merger back in 1995. And as the leader of WCI over a pretty significant period of time we developed a few communities right here. Bay Colony, Estates of Bay Colony, Pelican Marsh, Tiburon, Hammock Bay, Tarpon Bay, Cove Towers, Tarpon Bay -- COMMISSIONER FIALA: Artesia. MR. STARKY: Tarpon Bay, Artesia. So quite a few communities. And the point I think I'd like to underscore is that you've all heard that the three most important things in real estate is location, location and location. What I've found over the years is that sometimes folks locally get jaundice about a location and they don't see the big picture. And I think that might be the case at this location. I've heard some say this is a diamond in the rough but I would suggest perhaps it's just a diamond. This site is about eight-tenths of a mile from what most of us that have lived here a long time consider Fifth Avenue starting. It's a mile and a half away from the beach. When we planned to build Pelican Marsh people said it wouldn't be successful, it's too far north. When we planned Tiburon they said it won't be successful, it's too far east. When we introduced the Hyatt Coconut Pointe up in Bonita Springs it was said, you know, Bonita Springs is too sleepy for a luxury resort. And of course it's been pretty successful. So I'd like to submit that this location is a very important location. It's the -- you could consider it the terminus of Fifth Avenue and the gateway to East Naples. I think that what Commissioner Henning said is very important. Page 73 September 8, 2015 This needs a big bold project, it needs big bold thinking. I would also suggest that the discussion about public-private partnership is not so much a legal public-private partnership, but even perhaps a strategic public-private partnership. So oftentimes the public, you own the land so you're in the mix to begin with, whether you sell it or whether you enter into a public-private partnership. I think the important point that I would support today is that the commission take the time to step back, study the uses. I personally believe that this is a site that could incorporate public uses, cultural arts uses, but also most importantly it will be driven by private uses that create synergy and iconic development, entertainment, restaurants, retail, probably a hotel, potentially a conference center and a large residential component. I would suggest that this development would support a half a million or more square feet of usable space and that you would be able to add 250 to $500 million of value to your tax rolls. Now, this is a big bold project. It probably would require some additional density. In fact, no doubt that it would. But a project like that would certainly cast the future of East Naples, it would certainly stimulate and become a catalyst for future development and building future values. And if I step back as a citizen, I think that's what you as the commissioners are interested in, certainly what I'm interested in as a taxpayer in Collier County. So whether it's a public-private partnership legally, whether it's a public-private partnership strategically, I think stepping back and taking the time to entertain proposals on a broader basis is the right direction. And thank you for your time. COMMISSIONER FIALA: Thank you, Mr. Starky. Very, very good points. I think you're right on the button with a catalyst for that area. Because that's what we're looking for. It can make or break that entire area. I mean, all the way down U.S. 41, it can start right there. Page 74 September 8, 2015 MR. MILLER: Your final speaker is John Agnelli. MR. AGNELLI: Thank you, Commissioners. My name is John Agnelli, for the record. I'm vice president of Power Realty, also the real estate broker. While Power Realty would be happy to market the property for the county at no cost, we have a very well qualified client who would be interested in working with the county, and we strongly support Commissioner Fiala's suggestion about doing a study as to what to do with the area. We should not forget that Mr. Fortino owns the westerly two acres on the point of the triangle. And whatever happens to the east of that is going to have to work with Mr. Fortino and make it what I agree with pretty well everything that Mr. Starky has said, but to make that property blossom as it should blossom. But don't forget about the point. Because that's owned by someone else, not the county. I think what you're saying, Commissioner Fiala, is a great idea and that Mr. Fortino should be involved in that planning. We'd like to be involved and we'd like to see this thing become a real jewel to Naples. And I've been involved in the development with it for a while too. So thank you. COMMISSIONER FIALA: Thank you, John. Yeah, there are 14 properties here, folks. This is -- we're not just talking about the five totaled. If this project is done correctly all 14 properties would need to be included in order to do it right. So Commissioner Hiller, your button is on. I mean -- I'm looking at you and saying Hiller. Taylor. COMMISSIONER TAYLOR: Depending on what we decide today, and I like option three a lot. And I would hopefully -- basically it's asking the CRA board to open up a window for interested parties to submit proposals for the price and concept for developing the subject property. Page 75 September 8, 2015 COMMISSIONER FIALA: Well, do you first want to do a study? COMMISSIONER TAYLOR: Yeah. Well, I think that's part of it, isn't it? Wouldn't that be part of it? COMMISSIONER HENNING: That study is a new thing coming up from this dais. I don't know where it's coming from. We've got a note on this property. This whole partnership, I didn't propose it. Partnership, public-private partnerships is a big sucking sound of tax dollars that we have. There's a note on this. The CRA doesn't have the money. Leo, do you have money to be the public partnership to pay this loan? MR. OCHS: No, sir. You have a balloon payment in June of 2018 of about 4.8 million is the estimate at that point. COMMISSIONER HENNING: You know, kick it down the road. You have some people who want to buy it outright. But I guess I'm going to be on the losing end on this one. COMMISSIONER TAYLOR: I think we've got time. COMMISSIONER FIALA: You had good ideas, Commissioner Henning. You're never on the losing end, you always have good ideas. But let me just -- I'm going to make a motion here then. I haven't heard one so far. I've heard a couple but I'm going to make this motion. I want to say we cannot just think about paying off that debt this year or this time or this month. I think CRA probably needs to go back and see if they can't rent out those properties to help them make the payments until we can move forward. Because this property can mean so much to the tax increment funding, the TIF funding for this area. And it can -- if you just take the first pot of money and grab it and go, you never know what you're going to come up with and they might sell it off piece by piece and that's really going to be a problem and you'll never attain what value this property could hold for us and for the Page 76 September 8, 2015 future. And you can't be blindsided about the benefits of it because you're worried about paying off the bill. And I know you're worried about paying off the bill and I know we have to get that. But if there's some way that we can work this out and maybe we can figure that out through this study and I think we ought to give us a time limit. I don't think this ought to be lingering. I think you ought to have a time study. And I would like to suggest before the end of the year we have a study that comes in to tell us what is best for not only that property and the surrounding properties, all 14 acres, but then best for the community behind it. How can the community benefit? Because taxpayers are going to benefit. As you bring the values of that area up, taxpayers are also going to benefit by it. And certainly the CRA will. So I make a motion to have the CRA Board -- I'm sorry, advisory board put together a study group that you feel is reliable and best for that area, and come back with conclusions to hand to us as the CRA Board before the end of this year. And with the object of this area being a catalyst for the growth in that area. Yes. COMMISSIONER HILLER: Can I make a suggestion? I don't know that the CRA Board is equipped to do a study like that. I think that's a very difficult challenge for -- COMMISSIONER FIALA: Yeah, but they wouldn't do the study. COMMISSIONER HILLER: I think if we have staff do a study and then solicit comment from the CRA Board and then incorporate those comments and then bring that back to the Board, it might be a better way to do it and less burdensome. Because we have qualified staff. COMMISSIONER FIALA: Could we have CRA staff work with that staff? Page 77 September 8, 2015 COMMISSIONER HILLER: Oh, yeah. COMMISSIONER FIALA: Because, I mean, CRA is a particular animal that, you know, not many people have ever worked with. And I just want to make sure that they get the -- COMMISSIONER HILLER: Oh, yeah. COMMISSIONER FIALA: -- highest and best use out of that study. COMMISSIONER HILLER: I agree with you. And I think, you know, our CRA staff is part of county staff now, you know, as it is. So I think they'll all work together. And we want our real estate staff, the IRB counsel, everybody involved, and then take it and get comment from the advisory board and then bring it to the Board. COMMISSIONER FIALA: Jean, do you have a problem or a suggestion? MS. JOURDAN: No, you had just made the comment about leasing out the buildings. Because it's my understanding from the budget department that next year we won't be able to meet the qualifications of the loan as far as our -- as far as our income goes. And according to that loan we're supposed to shut down operations at that time and everything goes directly to the loan payment, all of our TIF money, so we have that to consider. COMMISSIONER TAYLOR: I've had about three or four people already contact me to rent. MS. JOURDAN: But that's what I'm asking is no one's really given us exact direction to go ahead and start renting those properties out again. COMMISSIONER HILLER: But that's not on the agenda. That's not part of this issue. That needs to -- COMMISSIONER FIALA: But we can add that right into this so that can support them until we -- COMMISSIONER HILLER: I think we should bring that back at Page 78 September 8, 2015 the next meeting as an executive summary and -- COMMISSIONER FIALA: Okay. COMMISSIONER HILLER: -- do that. Because, I mean, it's not here right now. I mean -- COMMISSIONER FIALA: Because even if say for instance the beginning of the year somebody comes in, says I love that plan, I love that study and I want it, but they're not going to be building anything on it for a few years -- COMMISSIONER HILLER: And the only -- COMMISSIONER FIALA: -- until they get their plans together. COMMISSIONER HILLER: Absolutely. And the thing that we have to be careful of is any lease commitment that we entered into, if we're putting it on the market, then we can't have extended leases that would preclude a -- COMMISSIONER FIALA: Right. COMMISSIONER HILLER: -- potential purchaser from having the ability to develop it the way they want. So I think, you know, pulling that all together with staff, bringing it back to us, you know, with respect to the leasing in consideration of potential sales -- COMMISSIONER FIALA: That's a very good point. So would you bring that back to us, Leo? MR. OCHS: Yes, ma'am, absolutely. I just wanted to make a quick comment, and maybe it would be instructive by way of history here. We're talking about bringing a plan back for this area. And I'm going to ask Jean to kind of give you the history on how we got to the overlay that's there. I mean, I think we've already done that initial -- COMMISSIONER FIALA: No, this is -- MR. OCHS: Right? COMMISSIONER TAYLOR: No, it's about the future, Leo, not the past. It's about looking at what we have based on the zoning and Page 79 September 8, 2015 the area, and what it could be -- MR. OCHS: Right. COMMISSIONER TAYLOR: -- based on the keen business and development minds that we have in Naples or wherever. And they'll come back and talk, present -- of course bring the CRA involved and present to them. But ultimately it's going to come back to us hopefully with concepts about, you know,just from a very pure business sense what could work there. COMMISSIONER FIALA: Commissioner -- I'm sorry, Commissioner Nance, you wanted to say something? COMMISSIONER NANCE: Ladies, I'm going to tell you what I'm thinking here. You've been talking and studying about this property for years and years and years. Now in the last month I've got people -- I got the phone -- my cell phone won't turn off because I've got people saying you know I'm interested, you know I'm interested. You're going to do a study and what are you going to know after you do a study? You're not going to know anything. You're going to have the best study in the world if you'll just let these people come to you with an offer. They're going to tell you what -- they're going to give you the ultimate market study, which is what you've got to have at the end of the day anyway. So I think you're just dragging this out, I think you're going to lose a lot of momentum, I think you're making a mistake by studying this any further. Go out and let the free market economy tell you what these people can do. These are professionals of the highest order. Naples and Collier County, Southwest Florida is full of them. Just go out and give them a shot. I agree with Commissioner Henning, I don't think we need to study this anymore. Let's study it, let's let somebody come in here and make a dazzling best offer, convince you guys of it and I'll support it. But I think studying this and kicking it down the road is just not the Page 80 September 8, 2015 thing to do. COMMISSIONER HILLER: So don't even consider a public-private partnership? COMMISSIONER NANCE: No, consider it, just let these people come and tell you. They're the ones that have got checks in their pocket. MR. OCHS: That's the pricing concept that's out there. COMMISSIONER NANCE: Pricing concept. Bring it out here, let it get going. You've got a whole roomful of people that are ready to start making appointments with you right now. What do you want to do, you're going to do a study, rent out the property. Oh, my God, we've already been through that. It wasn't very satisfying the first time through. COMMISSIONER TAYLOR: We've got to rent. We've got to get some income, so I would say that that's number one -- COMMISSIONER NANCE: There's some people that are going to give you some income. COMMISSIONER FIALA: Yeah, but maybe until that time, because no matter who's going to get it, maybe if we bring back at least a contract, as Commissioner Hiller suggested, for like one year at a time, just that we can get some income so that their work in the community, the rest of the community isn't stifled. COMMISSIONER NANCE: I would say think about it. But let these people come forward. Good gracious. I just can't support another study or dragging it out. I think it's a momentum breaker. I can just feel the energy in this room and it's not even my district, okay. They're calling me and I'm like go to these other commissioners and dazzle them. So I'm your greatest fan, your greatest advocate. I'm just telling you, get going down the road here. Let them bring something to you. Don't slow this train down. It's a good train. Page 81 September 8, 2015 COMMISSIONER HILLER: Commissioner Fiala? COMMISSIONER FIALA: Would you like to make that motion? Because we haven't had a motion yet that was seconded. COMMISSIONER TAYLOR: Okay, so let me make a motion then. COMMISSIONER HILLER: Before we make a motion, can I just make one suggestion? Can we get input from the County Manager as to what direction he thinks we should go right now? I mean, he more realistically knows whether we should, you know, put it out for sale, if we should, how, or if we should do what was suggested here which is, you know, evaluate other options like industrial revenue bond financing as an example? Do you mind if we -- COMMISSIONER FIALA: You can ask the CRA director too. Okay, Leo. COMMISSIONER HILLER: The only reason I'm asking Leo, even though I know Jean is an expert on the area, there are other issues, like the bank debt, which is, you know, within Mark's purview. COMMISSIONER FIALA: Yes, but we've missed a few good things that we should have gotten that we didn't. And not in the CRA so much as other areas. And so I don't think we ought to continue to focus on bottom line rather than the benefits that can be derived if we take our time and do it right. COMMISSIONER HILLER: Absolutely. And that's why I would like to hear from the County Manager. COMMISSIONER FIALA: Okay. You know where I was going, Leo. MR. OCHS: Yes, ma'am. My recommendation would be that you entertain this pricing concept methodology because it gives the Board the greatest latitude. It doesn't limit necessarily any proposer; they can propose to buy it outright with a development plan or they can propose a public-private partnership. But it leaves the Board all of Page 82 September 8, 2015 those options to consider and it moves the ball down the road. COMMISSIONER HILLER: So how would we put this out to bid? How would you prepare that? MR. OCHS: Commissioner, I'd give it to your real estate folks and Jean and the CRA advisory committee put together a specification. And in this case because it's so important, I would probably bring that specification back to all on an agenda to look at and get you to approve it before we put it out on the street, if that works for the CRA Board. That way you know exactly what's in the specifications. COMMISSIONER TAYLOR: We're talking about option three. COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: We have to competitively sell it. I mean, if we put it out we have -- MR. KLATZKOW: You do not have to competitively sell it. COMMISSIONER HILLER: We don't? MR. KLATZKOW: No. This is a CRA. You can get the highest price if that's what you wish, and you do have an outstanding note that's coming due. Or you can decide for public purpose would you rather do this instead. You'll have to figure out how to finance your debt, but you can do that. So I think Leo's proposal is spot on, quite frankly. COMMISSIONER HILLER: Commissioner Fiala? COMMISSIONER FIALA: But Jean, how do you feel about -- do you agree with -- MS. JOURDAN: I agree. COMMISSIONER FIALA: Okay, so now we've got a couple agreements, but this is your district, go ahead. COMMISSIONER TAYLOR: I'll make a motion that we follow option three. And I know there is an issue -- and that at maybe our next meeting you can -- COMMISSIONER FIALA: Could you make it the first meeting Page 83 September 8, 2015 in October? COMMISSIONER TAYLOR: Oh, yes, the first meeting in October you bring back to us the specs on what is going out so that we can bless it or change it. And that we let Collier County and everyone else know that we're open for business and we want to see some big and bold, did you say, Commissioner Nance? COMMISSIONER NANCE: I'm trying to push them to you, ma'am. COMMISSIONER TAYLOR: Yeah, I'm happy about it. Come. COMMISSIONER NANCE: Mr. Disney shows up, I'll send him to you. COMMISSIONER FIALA: I'll second the motion. Do you want to include with that to bring back an idea as far as renting these properties go -- COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: -- to help sustain them until the sale takes place, or what? COMMISSIONER TAYLOR: And if it's all right with you, maybe we could do it at the next agenda. MR. OCHS: Well -- COMMISSIONER TAYLOR: Go ahead. MS. JOURDAN: I think if we're going to move forward without the study, I believe that we can sell this quickly, that we will get everything together. I think you're going to get these grandiose plans, so I don't think you want to put someone in there right now. If you were going to draw it out and have the study and it was going to take a long time -- a lot of people when they want to lease something, it takes them a lot of money to move into a place, so they don't want a very short-term lease because it's costing them money to get into that building and get it up and running. COMMISSIONER TAYLOR: I've got somebody right now. It's Page 84 September 8, 2015 a 501c3 and they support three major charities that need storage. MS. JOURDAN: Oh, for the automobile? COMMISSIONER TAYLOR: Yes. They would move in tomorrow and on a month-to-month basis without any major commitment from us. MS. JOURDAN: I will send you the information on that, Commissioner Taylor. Because they had asked once, we had gone to Risk Management in Real Property Department and there was reasons that they recommended against it, so I'll send you that information. COMMISSIONER TAYLOR: Okay. COMMISSIONER FIALA: So I'll second your motion. So we have a motion on the floor and a second to follow option three or to choose option three and to move forward, and we're going to be bringing that back on the first meeting in October, which is what, the 7th of October, I think it is. It is, okay. Good. Okay, all in favor, signify by saying aye. COMMISSIONER NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Opposed, like sign. (No response.) COMMISSIONER FIALA: Very good. That motion carries and the CRA meeting is closed. CHAIRMAN NANCE: At this time we're going to take an hour for break so the Board's in recess for lunch until 1:00. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Good afternoon, ladies and gentlemen. Welcome back for the afternoon session of the Board of County Page 85 September 8, 2015 Commissioners. Mr. Ochs, where are we, please? Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Sir, we're on Item 7, public comments on general topics not on the current or future agenda. CHAIRMAN NANCE: Mr. Miller, our registered speakers, please? MR. MILLER: Mr. Chairman, at this time we have no speakers registered for public comment. CHAIRMAN NANCE: No speakers registered for public comment. Very well. Mr. Ochs? Item #10B THE BOARD OF COUNTY COMMISSIONERS TO APPROVE ADDING AN AGENDA ITEM TO THE SEPTEMBER 10, 2015 LEGISLATIVE WORKSHOP FOR THE CONSERVANCY OF SOUTHWEST FLORIDA TO PRESENT A TEN MINUTE INFORMATIONAL PRESENTATION PROPOSING ENVIRONMENTALLY RESPONSIBLE LEGISLATIVE PRIORITIES FOR CONSIDERATION IN THE 2016 LEGISLATIVE SESSION — MOTION TO DENY — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 10.B on your agenda. This is a recommendation that the Board approves adding an Page 86 September 8, 2015 agenda item to the September 10, 2015 legislative workshop for The Conservancy of Southwest Florida to present a 10-minute informational presentation proposing environmentally responsible legislative priorities for consideration in the 2016 legislative session. Commissioner Taylor brought this item forward on the agenda. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I asked that they be added to the agenda, which would be our workshop on the 10th of September, which is on Thursday, for a very simple reason. The Conservancy is a venerable 50-year-old institution with over 6,000 members. And we are at the edge of the Everglades. And the Everglades is extremely important and recognized internationally as a tourist destination. It contributes to the economy of our area. And because The Conservancy specializes in environmental policy, including establishing Rookery Bay 50 years ago, I think that they are unique and they are ours. They started in Collier County, they're our environmental agency. But they're also recognized statewide and I would think nationally. So that's why I ask that they be allowed to be on the workshop agenda for a presentation. COMMISSIONER FIALA: In other words, what you're saying is could we please put them on the workshop agenda. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: That's what this is all about. COMMISSIONER TAYLOR: Yes, that's it. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: You know, I completely appreciate, Commissioner Taylor, what you're selling. And The Conservancy is a very longstanding established organization in the community. But there are many just like The Conservancy. And my concern is if we do it for one, we do it for others. I think it's not appropriate to select one group over another group. I think they should Page 87 September 8, 2015 speak under public comment. They have the ability to speak longer if they want to because they can pool minutes together from various speakers. But I think we're setting a difficult precedent that I don't think is appropriate. So this has nothing to do with Conservancy, it's just precedent setting in an inappropriate way. And I wouldn't want to -- I wouldn't want us to do this for one group and not do it for another. It would be problematic. So, I mean, I wouldn't be able to support it for that reason. But I understand your intent, I know your intent is positive and I know you mean well by proposing it, but I do think it just presents problems. It's a fairness issue for down the road and precedent setting. COMMISSIONER FIALA: Well, I took my button off, but all I thought of when I read it was when they wanted a 10-minute allocation, well, they get that 10 minutes anyway. They just get three people to sign up for them. COMMISSIONER TAYLOR: They've been chastised from this dais about doing this before, and so they're reluctant to do it again. COMMISSIONER HENNING: Good. COMMISSIONER FIALA: Well everybody else does it. COMMISSIONER TAYLOR: I know, I know. COMMISSIONER HILLER: And Commissioner Taylor, they shouldn't be chastised because the manner in which they can present is the same for everybody else. And we in fact -- before you came on Board one of the issues we had is like people repeating, repeating, repeating. And we even created a public speaking template to give organizations the opportunity to pool minutes so that they could speak if they're speaking on behalf of a larger group, for example. And we said that, you know, any particular person or group can be the spokesperson for a group of people on a particular issue. So I don't think they've been prejudiced. I don't believe any one -- Page 88 September 8, 2015 you know, when Commissioner Henning was chair I don't believe he prejudiced them. I know I didn't, because I've always supported them. And I know Commissioner Nance never has. And I know Commissioner Fiala hasn't. So if they feel like that, it's unfortunate. But I don't think that they're being dealt with unfairly. COMMISSIONER TAYLOR: Would they be allowed to -- they wouldn't be allowed to do a PowerPoint, though if they're -- COMMISSIONER HILLER: Under their public comment when they speak? Sure. They can do whatever they'd like. COMMISSIONER FIALA: We have people coming up here giving PowerPoints as part of their speech. And usually they have a couple of people that offer their time so that they can do their PowerPoint, yeah. COMMISSIONER TAYLOR: Okay. Again, and I can respect this issue of fairness, but I think The Conservancy is unique. And as I say, they're ours. And, you know, they are respected statewide and they certainly are respected in our county, and I just thought, you know, that would set them apart from other environmental agencies. But if it doesn't -- you know, if the motion doesn't carry, it doesn't carry. COMMISSIONER HILLER: And that's really the issue, it's setting them apart. And we have to treat them all equally. That's the key. COMMISSIONER TAYLOR: Well -- CHAIRMAN NANCE: Let me tell you from my perspective what is important to me as a commissioner. The Conservancy above all people that communicate with the Board of County Commissioners has done an excellent job communicating detail on complicated topics from their point of view. And they are an ad advocacy group and they do have a strong point of Page 89 September 8, 2015 view. And when they send me information in advance, when I have time to read it and digest it prior to a meeting or agenda item, it's most useful to me. When something gets thrown on the counter or it gets passed out on the dais, it's very hard for a person to go through there on a complicated topic and make any sense out of it. So I very much appreciate that. So, you know, from the standpoint if they, you know, present information to the commissioners in advance -- you know, their PowerPoint presentation was already attached to this item. I can see what it is, I can take a look at it, I'm prepared to discuss it when they come into the room. I think it's actually more productive for them to do that than to come with a big PowerPoint presentation. I mean, I don't think there's anything in there that can't be explained under comment. Now, you know, clearly the workshop of the Board of County Commission is not a forum for them to advocate from. It's a meeting designed to give us information for them to be able to tell us what they would like to see from their perspective and what their recommendations are. So I tend to agree with Commissioner Hiller. Commissioner Henning, do you have any comments, sir? COMMISSIONER HENNING: No. CHAIRMAN NANCE: No comments. Public speakers, please. MR. MILLER: Mr. Chairman, we have three registered speakers. Your first speaker is Charlotte Nycklemoe, I think I'm doing that right. She'll be followed by Bonnie Michaels. MS. NYCKLEMOE: Thank you. Congratulations for pronouncing my name correctly. I'm always interested in hearing how that's going to come about. I'm Charlotte Nycklemoe, I'm the newly elected president of the League of Women Voters for Collier County for the years 2015, 2016. Page 90 September 8, 2015 And I'm very grateful to be here. Thank you for your time. The League of Women Voters has long been committed to policies which protect Florida's natural resources, especially our life blood, water. Given that commitment, we respectfully request your support for Commissioner Taylor's recommendation to add an informational session on our county's environmental legislative priorities to Thursday's workshop. In addition to the League's commitment, we know Collier County residents are keenly aware of the importance of environmental protection and highly value the natural environment in which they live. Consider that over three-quarters of our voters supported passage of the Florida Water and Land Conservation Amendment, and when opportunity Naples asked residents what's the best thing about greater Naples, and what is greater Naples greatest strength, you can guess the words which dominated: Weather, our beaches, nature and environment. Clearly attention to our environmental legislative priorities at Thursday's workshop is warranted. And it is fitting the Conservancy make a presentation. First because the large number of Conservancy members reflect the community's confidence in the knowledge, expertise and work of The Conservancy. Secondly, because the issues they raise, most especially those regarding water quality and needed oil regulation, legislation, mirrored those of the League of Women Voters of Florida. The league as a member of the Everglades Coalition and as a partner with Barry Law School's Environmental Law Clinic has identified components of protective oil drilling regulations, components which align with information to be presented by The Conservancy. Thank you very much for your time. Page 91 September 8, 2015 CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Bonnie Michaels. She'll be followed by Caitlin Weber. MS. MICHAELS: Hi, welcome back. Bonnie Michaels, representing Collier Citizens for Sustainability. This is such a complicated issue. I mean, I read everything that I possibly can about fracking, oil and water, and I'm still confused. And I believe that we can never have enough information. And if The Conservancy is willing to do this for us, why not? Ten minutes. And, you know, the issue of there are a lot of other conservation organizations, there are, but The Conservancy really has done the major research on how it affects our water. And I think that's a public issue. It really can't do any harm. So think about it again. We might learn something. You know, the technical issues are just overwhelming and 10 minutes really isn't a lot. So think about it. Thank you. MR. MILLER: Your final speaker on this item is Caitlin Weber. MS. WEBER: Good afternoon. Caitlin Weber here on behalf of The Conservancy of Southwest Florida. We've been tracking bills in the legislature, particularly those relevant to Southwest Florida related to water quality, oil extraction, growth management and stormwater management. And we'd like to share the information we have regarding environmental issues relevant to Collier County which we anticipate will arise this legislative session. We're requesting a presentation slot at the Commission's workshop on Thursday to provide information that we hope would be useful to you in setting your legislative priorities to protect Collier's exceptional natural resources and quality of life, and we thank you for considering our request. Page 92 September 8, 2015 CHAIRMAN NANCE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, it sounds like you wouldn't think that you could have 10 minutes, but each of us have told you already, you certainly can have -- I mean, you could have 12 min-- however many minutes you want, as long as you get people up. You don't want to put people to sleep because then they get a little aggravated, so you want to probably stop at 10 or 12 minutes. But you can do that. And you were talking about PowerPoint, or somebody was talking about PowerPoint before. COMMISSIONER TAYLOR: I was. COMMISSIONER FIALA: And although there's one in here, I think the purpose of your PowerPoint's not only for us to see but it's for the public to see. And so you bring your PowerPoint with you. I don't believe -- I've been here 15 years and I don't think ever once anybody from The Conservancy has been denied the podium. They just haven't in all of that time. So you can have that time. It's just that, you know, we don't want to start a precedent. Because there are a lot of other environmental agencies. I belong to CREW, and they strictly are protecting our future water sources, and they don't get a chance to do that really. I mean, they could if you wanted to, they could do that. And of course then you have Nancy Payton and you have the Florida Wildlife -- well, that is Nancy Payton, isn't it? You've got -- COMMISSIONER TAYLOR: Audubon. MR. OCHS: Audubon. COMMISSIONER FIALA: Yeah, Audubon. Yeah, there's so many of them that want to get up. And they're all welcome to do that. Everybody's welcome to do that. So I don't think we need a specific spot for 10 minutes. You can have it, is my opinion. I don't know if anybody else agrees, but -- of course they agree, nobody would say no. Page 93 September 8, 2015 CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: As a courtesy, and I think it's really important, could you possibly give the speakers who were here today a copy of our policy on public speaking, and also on introducing documents in the record? We have two policies. And if you could provide that to them, that would be great so they know what -- you know, what their opportunities are to present to the Board. COMMISSIONER FIALA: The Conservancy knows better than anybody. And they always follow that. They always send us things in advance so we're prepared. COMMISSIONER HILLER: I just want to make sure that everybody -- CHAIRMAN NANCE: There were two other speakers also that were not with The Conservancy. COMMISSIONER HILLER: Right, like the League of Women Voters. I want to make sure they know. Because the Board has worked very, very hard on developing a really reasonable template that would benefit everybody equally and give everybody the opportunity to be heard. And I just want to make sure you have that. And not only your voice heard but any documents admitted on the record, there's a protocol for that also, and we treat everybody the same. Thank you. Do we need a motion on this, Chair? MR. KLATZKOW: It's an action item. I mean -- COMMISSIONER HENNING: Motion to deny. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There's a motion to deny and a second. Any further comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. Page 94 September 8, 2015 COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: 4-1, with Commissioner Taylor in dissent. COMMISSIONER TAYLOR: And for the reasons stated, I do believe The Conservancy is unique in its organization. It really started as a grassroots organization and I believe it does an extraordinarily exemplary job in environmental issues. So I feel that they're set apart and they should be granted that privilege, but that's the way the Board voted today. Thank you. COMMISSIONER FIALA: Still giving them the same privilege, just -- COMMISSIONER TAYLOR: So it's my understanding that on Thursday, if they had three -- if they had the number of speakers for the length of their presentation, they could present a PowerPoint at that time? COMMISSIONER HENNING: That's not my motion that we voted on. COMMISSIONER TAYLOR: No, the motion's over. CHAIRMAN NANCE: They'll be there, ma'am. They'll be there. Mr. Ochs? Item #11A AN INTERLOCAL AGREEMENT WITH GREATER NAPLES FIRE RESCUE DISTRICT TO PROVIDE FIRE SERVICES TO THE ISLES OF CAPRI FIRE DISTRICT AND TO SUPPORT Page 95 September 8, 2015 LEGISLATION TO ANNEX THE ISLES OF CAPRI FIRE DISTRICT AND COLLIER COUNTY FIRE DISTRICT (DISTRICT ONE) INTO THE GREATER NAPLES FIRE RESCUE DISTRICT — APPROVED MR. OCHS: Mr. Chairman, we move to Item 11.A. It is a recommendation to approve an interlocal agreement with Greater Naples Fire Rescue District to provide fire services to the Isles of Capri Fire District and to support legislation to annex the Isles of Capri Fire District and Collier County Fire District 1 into the Greater Naples Fire Rescue District. Ms. Price, your Administrative Services Department Head, will present. MS. PRICE: Good afternoon, Commissioners. For the record, Len Price, Administrative Services Department Head. Over the summer staff and the fire district have worked very closely to present you an agreement that I believe everybody is happy with. It takes care of our employees, it gives us time to merge together thoughtfully, methodically, systematically in a way that I think protects the interest of the citizens, the interest of the employees and the interest of the county. I did not present a formal presentation for you. If you've got any questions of me or we have Commissioner Jeff Page and Fire Chief Kingman Schuldt are here as well. They can either address the Board or answer any of your questions. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: I'd like to make a motion to approve. I really think that what we have going on in your district, Chiefs, and what we have going on at the north end of the county is the direction we want to go in. And I think both this motion and the Page 96 September 8, 2015 COPCN with the expansion of the boundaries for Big Corkscrew is the right action on both counts. I mean, what we want to do is provide the highest level of service in terms of saving lives, because that is clearly what the objective is here. COMMISSIONER FIALA: Second the motion. COMMISSIONER HILLER: Thank you. Thank you. And I just -- I really like the direction we're going in, both north and -- I'll call it north and south, if you will. Not -- I mean, there's east and west included in that north and south. But just to -- does that make sense? Is that a fair description, north-south? COMMISSIONER FIALA: Yes. In other words, motion to approve. COMMISSIONER HILLER: Motion to approve. I think I said it. Got it. That's it. COMMISSIONER HENNING: Are we voting on one item? COMMISSIONER HILLER: 11.A, right? CHAIRMAN NANCE: 11.A. COMMISSIONER HENNING: I wanted to make sure. CHAIRMAN NANCE: There's a motion and second on the floor. Commissioner Taylor? COMMISSIONER TAYLOR: Ms. Price, this interlocal agreement, I mean, we're really blessing something that's already been discussed at length earlier, and with the details we talked about and the testimony we heard here. MS. PRICE: That's correct. COMMISSIONER TAYLOR: Okay. Good, thank you. CHAIRMAN NANCE: Any further comments? (No response.) CHAIRMAN NANCE: Any public speakers? MR. MILLER: No public speakers for this item. Page 97 September 8, 2015 CHAIRMAN NANCE: No public speakers. Any further comment from the Board? (No response.) CHAIRMAN NANCE: There's a motion and a second to approve. Seeing no further comment, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Passes unanimously. Thank you, Ms. Price. MS. PRICE: Thank you. Item #11B TO CONSIDER THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT'S REQUEST TO EXPAND THEIR SERVICE AREA TO INCLUDE THE FORMER BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT; RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR NON-TRANSPORT ADVANCED LIFE SUPPORT (ALS) SERVICES; AND, IF THE SERVICE AREA IS EXPANDED, APPROVE AN AMENDMENT TO THE INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT — MOTION TO APPROVE — FAILED Page 98 September 8, 2015 MR. OCHS: 11.B requires ex parte disclosure be provided by Commission members. Participants are required to be sworn in. This is a recommendation to consider the North Collier Fire Control and Rescue District's request to expand their service area to include the former Big Corkscrew Island Fire Control and Rescue District, to renew the annual Certificate of Public Convenience and Necessity for Non-transport Advanced Life Support Services, and if the service area is expanded, approve an amendment through the Interlocal Agreement Advanced Life Support Partnership between Collier County and Big Corkscrew Island Fire Control and Rescue District. Mr. Summers, your Director of the Bureau of Emergency Services will present or respond to questions. COMMISSIONER TAYLOR: Excuse me, point of order. Are we voting on these things separately or are we just going to let this unfold and then make a decision? CHAIRMAN NANCE: Well, there's three items here. I think it's going to get to be a very rigorous conversation. But there are three items: There's expanding the service area, renewing the Annual Certificate of Public Convenience and Necessity, and there's also the Interlocal Agreement. COMMISSIONER TAYLOR: So you're anticipating that these will be -- CHAIRMAN NANCE: Well, I think it's going to unfold. CHAIRMAN NANCE: Do you want to swear everyone in? Please rise if you plan to testify. (All speakers were duly sworn.) CHAIRMAN NANCE: Okay, ex parte communication. You want to repeat it for the record, Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Many conversations about this issue. Received several emails over the course of I'd say about Page 99 September 8, 2015 four months, three to four months. Certainly it started before. And some conversations with staff regarding this. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, I've spoken to Orly Stolts and I've spoken to George Aguilera, probably with Jerry in passing, and I can't remember if it was Jerry, but I'll throw it in anyway just to make sure I didn't omit it. I've spoken to them on the phone as well as in meetings here and there. I've spoken with -- no, I haven't spoken with him. Okay, I think that's everybody. CHAIRMAN NANCE: Yes, I've spoken with Chief Stolts and numerous commissioners and staff from various fire districts on the topic. I've had letters from the North Collier Fire Control and Rescue District. There's a whole lot of emails attached in my file here for your view, and I've also had numerous conversations and meetings with staff and citizens on the topic. Commissioner Hiller? COMMISSIONER HILLER: I've had meetings both with staff and with Chief Stolts and Aguilera. COMMISSIONER HENNING: I've had meetings with North Collier staff, North Collier Fire Commissioners, county staff, received a correspondence from Janet Vasey and other interested citizens about this issue. COMMISSIONER FIALA: I did also receive some emails and some phone calls. Thank you for reminding me. And I spoke to -- I think it was Kingman Schuldt as well. CHAIRMAN NANCE: Mr. Summers? MR. SUMMERS: Mr. Chairman, good afternoon. Dan Summers, Director of the Bureau of Emergency Services and Emergency Management. You took a little bit of my thunder there; you did a nice job of outlining the three components here that I thought were important to Page 100 September 8, 2015 communicate to you in the executive summary. I am making a recommendation for this approval. And I'll just share with you again, because there are a lot of components to this, I will share with you what I think are the three or four most valuable points in this recommendation. First of all, it was requested and the Public Safety Authority did take a look at this and spend a considerable amount of time. I'd like to thank them as well for their service. I gave them an enormous amount of backup material to review and they had one or two meetings on this particular topic and discussed those questions that they had with the applicant. Secondly, obviously I don't think anyone within the design of a COPCN ordinance even anticipated how a merger would work into this. But since the legislative approval of the merger of the Big Corkscrew and North Naples, since those two independent districts have merged in terms of how their business unit operates, it is somewhat logical in my opinion in terms of a service delivery component. And I think that's what we're attempting to look at here. And finally, I guess the point that needs to be brought out is that it does bring additional units to the response area. And we've done a terrific job of meeting all of our thresholds under the interlocal ALS partnership, thanks to Chief Kopka and his team have done a great job with that. Although we don't have any empirical data to analyze with additional units being brought forth as ALS non-transport units, common sense would tell you that it does bring additional shortened response times in that particular area. So again we have our conditions clearly stated in here. You have an interlocal agreement for the partnership in which we've offered you a contract amendment on in order to shorten the suspense of that termination of that agreement. So it all fits. And also bringing you back in early renewal in terms of not having to come back to the Board Page 101 September 8, 2015 twice just for the annual anniversary for North Naples. That's all I have and I'm sure there are folks here to answer any questions you might have. CHAIRMAN NANCE: Okay. Because this application affects my district most directly, and I think in a very, very significant way, I'm going to start off the conversation. And I'm going to talk about a number of different things, and it's going to take me a while. This topic is a topic that has probably promoted more reading on my part and more individual assessment, investigation and study than any other agenda item since I've been a county commissioner. I think it's much, much more complicated than some of the presentations and discussions that we've had in the limited amount of public outreach we've had on the topic, particularly in some of the districts impacted. And I will tell you at this time I do not support the expansion of the COPCN. And what I'm going to do is I'm going to walk you through in detail and tell you why. The expansion of the fire district -- of the COPCN in Big Corkscrew Island would result in a watershed change in how medical services are delivered in Collier County. There have been discussions across this subject over the last several years in Collier County about making decisions and fact-based determinations on how EMS should be structured. Let me just give you a little rundown on all of the important studies and conversations we've had that I participated in, some of you have participated in and the public has participated in. There was a King County Medic I presentation; King County being the EMS system in Washington that's kind of considered the gold standard. There was a presentation from them a number of years back in Collier County. There was a study and presentation from an EMS and response study that was put together by Harvard University delivered. We've had a presentation that's been across the community Page 102 September 8, 2015 on the University of Oklahoma White Paper. There's been some discussion about the OPAL Study which is the Multi-Center Canadian Study which is considered a landmark. There was a forum put on by the Center For Public Safety Management which was a compilation and analysis of all the recent thinking on how EMS services and emergency medicine should be dispensed. The most important thing you can glean from some of them is it's come to my attention that I think an expansion of a COPCN based on the very intuitive concept that more is better is in error. All these studies, white papers and forums have told us that. They've told us that it is a lot more complicated than meets the eye. And so I believe before we engage on a decision to go forward on this, that we need to talk about where we've been a little bit, what the consequences of doing it are. Some of the benefits are clear, but there are also some unintended consequences that I don't think have been presented very clearly. As far as the fundamental thing that I'm going to present to you, in my view there is a very different -- there's a large difference in how the COPCN works in the North Naples Service Area, in the North Collier Fire and Rescue District, and how it would work in the Big Corkscrew Service Area. For one thing, in the North Naples Service Area the COPCN is actually an enhancement to have some of the best EMS service in the county. The COPCN is a duplication of service. It's redundancy. It's an enhancement. What's being proposed for Big Corkscrew Service Area is the COPCN would be a substitution for an EMS service that's already in place. It would replace an interlocal agreement that was planned to be funded in 2016 of$363,000 that's already produced outstanding results. Page 103 September 8, 2015 In an effort at my plea to improve EMS service in Collier County, the county entered into an interlocal agreement with a goal of trying to approach the urban standard of providing ALS under eight minutes 90 percent of the time. In the year prior to the interlocal agreement in EMS zone 10 the area that service was provided under eight minutes only 55.8 percent of the time. With the interlocal agreement they had reached under eight minutes 80.4 percent of the time. Which is almost the urban standard. That effort would be a replacement on the part of the COPCN and not necessarily an enhancement as it functions in North Naples. Now, the cost of that interlocal service which was committed was $363,000. And it was an effort that was provided as part of a greater effort by the Board of County Commissioners to improve EMS service all across the board. The change in how ALS service is delivered is also one of how the economics would work. I will tell you, walking through the legal considerations on the approvals that must be dealt with and make an approval, on number A.2, the effect of the proposed service on existing services with respect to quality of service and cost of service, I believe that truthfully the COPCN in a low density eastern part of the county will not be able to successfully deliver the quality of service that a fully coordinated EMS system has. Our EMS system is countywide. It has the ability to do great things. A very small area depending on itself, even with the assistance of North Naples, is going to have a hard time, in my view, approaching that same quality of service. The most important element is going to be the practice of the technicians themselves. All of the studies that I've referenced before have said very clearly that more is not necessarily better, and that practice and experience is key. Because there's a section in the University of Oklahoma White Page 104 September 8, 2015 Paper that sums it up very best, I would like to read a very small part of the paragraph into the record. Because it summarizes the totality of my thought at this time on this application. It's on Page 33 of the White Paper which is -- was produced by the University of Oklahoma Emergency Medicine in response to a request. On Page 33 the paragraph begins with: More is better. And it says: This fallacy is a common error made by many EMS systems. More paramedics, more ambulances, more personnel on scene, more medical devices, more medications, et cetera, equal better outcomes. Nothing could be further from the truth. Only in the past few years have researchers and the media challenged this concept that more is better. Once again, common sense might dictate that if you put more paramedics on the streets more patients will survive. However, closer inspection seems to indicate that there is a law of diminishing returns. After exceeding a critical mass of paramedics, the addition of more paramedics may not increase survival rates. In fact, more paramedics may actually worsen outcomes. How is this possible? Without belaboring it basically the response is recent medical outcome studies have shown that experience matters, and with too many staff you get a dilution of skills. The short answer to these questions that adding paramedics to an EMS system, though attractive to politicians answering an increasing public expectation and advocated by labor unions is rarely based on medical need. Most systems simply measure their response times to EMS calls, with the goal of getting a BLS resource on scene within five minutes. Our analysis in Collier County has been based on response time. It has not been based on outcomes. These studies urge all providers of EMS service to shift their focus to outcomes instead of response times. Getting the right people to the district after evaluating what their needs Page 105 September 8, 2015 are and having a tiered response between BLS and ALS. That is what I have been led to read and I believe that the overwhelming weight of evidence supports that. On number three of the legal considerations, the effect of the proposed service on the overall cost of EMS service in the county. I believe that the effect of starting to rely upon COPCNs and fire districts in the eastern part of the county is going to create two standards of services in the county and it's going to create a class of haves and have nots. Why do I say that? Providing EMS service in the eastern part of the county is always for many, many years, and it's going to cover everybody's lifetime in this room, is a big struggle for time and distance. At present there is a tremendous disparity in the tax rates paid by citizens in our county for Emergency Medical Services that would be only made worse by using COPCNs to supply that primary service. And I'll give you some statistics that probably some of you haven't thought about. If you take the county millage rate and you take the budget for EMS and you determine what the millage rate equivalent is, you will find that our comprehensive EMS service county-wide is funded by .2462 mills per thousand dollars paid by citizen. Less than a fourth of a mill finances everything we do with EMS today in our comprehensive way. And it is one part of our first responder healthcare that's consolidated management. In my district, the Big Corkscrew Service Area of North Collier pays 3.5 mills. Immokalee 3.75 mills. Ochopee, 4 mills. The part of my district that's funded by greater Naples not so bad, 1.5 mills. But our EMS equivalent millage is only a quarter of a mill. Can you imagine what we could do with a consolidated EMS service if we just added a quarter of a mill? That would actually double their budget. Imagine the impact you could make. Page 106 September 8, 2015 But if we extend the COPCN in the Big Corkscrew Island, the people out there now that are paying over three-and-a-half times as much money as our wealthy counterparts in the other service area, North Naples, which actually reduced their millage to .95 mills, they're paying three-and-a-half mills for that service. They're going to be paying three-and-a-half mills for fire and primary EMS service to get them to that urban standard that we hope for. Those are three-and-a-half mills, 3.75 mills and 4. mills that are being paid by the people in our county that can least afford to pay a higher rate in taxation. That's like establishing a separate but equal system for supplying EMS service that comes at a cost three-and-a-half times higher. How can I defend that to my citizens? How can Collier County defend that to its citizens? Think of people that can least afford to pay, the people with the most children, the people that are most economic disadvantaged, charge them three-and-a-half times as much, and say we're giving you a similar sort of service, not exactly. We're not going to give it to you through EMS, we're going to give it to you through a COPCN. Now, I do not doubt the dedication of the fire districts. I never have. I believe that those people are dedicated, they want to do the right thing. I just don't think that extending the COPCN is going to create a system as we go forward that's going to produce a good comprehensive result for Collier County. Why would we spend all this time to consolidate fire and begin to unravel and un-consolidate an EMS system that we already have that's pretty comprehensive? Why would we do that? Why would we consolidate one and then turn around and un-consolidate the other one that's almost complete? I don't understand why you would do that. It's like catching fish on one side of the boat and throwing them over on the other side. It just doesn't add up to me. Page 107 September 8, 2015 I think the unintended consequence are too great. I don't think they've been considered. I don't think we've considered the service areas and what their needs are, and I don't think we've adequately considered the research that's available, and we certainly haven't talked about it with the constituents that are going to be affected by this which I think is a huge change. So right at this point I can't support it. I'll go to Commissioner Hiller and then Commissioner Henning. COMMISSIONER HILLER: Thank you. Thank you, Commissioner Nance. This issue is very important to me. My husband died of cardiac arrest. And it is about response times. And it is about providing the highest level of service possible to save as many lives as we can, because that is the paramount objective of our first responders. I want to address some of the arguments that you've presented, because there are a large number of fallacies in the statements you've made. And I don't believe you've done so intentionally, but I do believe that some of the conclusions you've drawn based on the facts that you have in your readings are fundamentally incorrect. Let's begin with rates. Your residents in Big Corkscrew are not paying three times more because their tax -- fire tax rate is three times higher. That's not the way it works. Tax is a function of property values times millage. The biggest fallacy is to say that they are paying more because their millage rate is higher or lower. That isn't true at all. And then you go on to say that we are creating two classes. That's also a false statement. Two classes exist right now, and what we are trying to do is eliminate those two classes. Big Corkscrew has not received the level of service that the other communities have received because of fire's involvement. And the reason fire is involved is because they have stations where we don't have EMS stations. And we don't have the funding to put stations Page 108 September 8, 2015 everywhere. So the smart thing to do for the county to bring the highest level of service is to partner with first responders who have station in those areas, who have the staffing and have the staffing available to share with those areas. To deny the expansion of the COPCN into Big Corkscrew is fundamentally wrong. I mean, it is morally wrong to do that to those people in that community. The law of diminishing returns, we haven't even come close to that. That's the problem. We are not providing the level of service. And if you think eight minutes is an adequate response time, I will tell you drop to shop for life is four minutes. Four minutes. And we are here to save lives. It's not about the guy who broke his leg, it's the guy who's about to die of cardiac arrest. That's what we're looking to save. That's the situation that we care about and that's the level of service that we want to target. And it is absolutely false to state that too much staff results in a dilution of skills. We have quality staff across the entire emergency response system. We have quality staff in Kingman Schuldt's district, we have quality staff in Ochopee, we have quality staff in North Naples, we have quality staff in the City of Naples, we have quality staff under Chief Kopka. That's what makes Collier County so great. And our goal to say make it as great as possible. We want to save lives. I want as many Phoenix awards as possible. And that is not going to happen if we don't expand the COPCN. That is not going to happen if we don't let more ALS providers in Big Corkscrew. I will not let these people suffer. I will not let them get less. This is not to replace Chief Kopka, this is in addition to Chief Kopka. And if I'm passionate about this, let me tell you, I have reason. My husband died due to cardiac arrest. And these people are going to save other people from that fate. And I will fight for this cause 'til the day I die, because I'm not going to let anyone, anyone, go through what I went ° Page 109 September 8, 2015 through. And I swear to God, I will push this as my agenda for as long as I sit on this board and after I'm done sitting on this board I'm going to continue pushing it. Because I am grateful to you, Chief Kopka, to you, all the fire chiefs, to you, the EMS providers, to all of you first responders who save lives every day, because that is our paramount duty as members of this Commission. Thank you, Mr. Summers for your service, and thank you for your recommendation. And I make a motion to approve all three items. COMMISSIONER HENNING: Should we take a break? COMMISSIONER HILLER: It might be a good idea, because I'm about to cry. CHAIRMAN NANCE: Let's take a 10-minute break. We'll come back at seven minutes -- what are we going to come back at? We're going to come back in 10 minutes. COMMISSIONER FIALA: You could make it 13 minutes. Either 1:57 or 2:00. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Thank you, ladies and gentlemen. Welcome back. COMMISSIONER HENNING: I have a question. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Mr. Summers. Reading our executive summary, knowing the Board put more paramedics out in the Corkscrew area, there's nothing that I see that proposes anything different. If the Board approves your recommendations, you're going to have, you know, more and more paramedics responding to medical calls. MR. SUMMERS: Sir, I attempted to clarify that. And if I could just take a minute. The reason -- Page 110 September 8, 2015 COMMISSIONER HENNING: Show me where that -- if you wrote something that I can't tell. MR. SUMMERS: That's okay. On Page 2 of the executive summary, if you'll notice we proposed -- remember, you have Collier County EMS. Under your direction we had an ALS partnership agreement where we have Collier County EMS personnel in the Big Corkscrew district, essentially a quick response medic and a swap on station there for the additional ALS coverage in Big Corkscrew. So as a result of the merger and North Collier providing those personnel, we've recommended a 30-day termination to that partnership agreement that pulls our personnel out and transitions for the North Collier to provide those personnel, and I would say those personnel and more. COMMISSIONER HENNING: Is that a recommendation on Page 3? MR. SUMMERS: Yes, sir, it is. It's somewhat long-winded, but it does say in there that it would also -- it amends the interlocal agreement. Your amendment to the current interlocal agreement is a 30-day notice of termination, whereas our previous interlocal agreement I believe had a 90-day notice of termination. But what this allows all parties to do is to get ready for that transition between North Collier providing those services and withdrawal of Collier County EMS personnel so there is continuous ALS paramedics within that district. So again, a lot of moving parts. You have an expanded district -- if I can recap, an expanded district, you have a name change as a result of the merger, you have a withdrawal of the Collier County EMS assets providing that service, and then an instantaneous or automatic conversion of those ALS personnel being covered now by North Collier, what we know as North Collier. COMMISSIONER HENNING: What you're saying is you would Page 111 September 8, 2015 remove those paramedics in the part that describes if approved to sign that COPCN, certificate of permit, and the amendment to the interlocal agreement. That interlocal agreement addresses the extra paramedics. MR. SUMMERS: It addresses the termination of our agreement of Collier County EMS personnel providing staff within what we know now today as the Big Corkscrew district. COMMISSIONER HENNING: Did that -- MR. SUMMERS: So we're advancing the -- COMMISSIONER HENNING: Did that agreement come to the Board of Commissioners? MR. SUMMERS: Yes, sir. Yes, sir, it's in your backup package as the approved agreement. COMMISSIONER HENNING: Already approved agreement. MR. SUMMERS: Yes, sir. And it was done the 25th day of March, 2014. COMMISSIONER HENNING: Thank you. MR. SUMMERS: Yes, sir. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I talked with staff a little bit about this, because I -- now I'm even more concerned. I wanted to know, once you bring the new people in and then the EMS service comes out, first of all, don't they have an EMS station there? MR. SUMMERS: At this particular station, no, there's not an EMS unit there. We are collocating with them. COMMISSIONER FIALA: Well, right, okay. MR. SUMMERS: We're collocating with them. COMMISSIONER FIALA: So then that -- what happens to those people that now don't have a job? MR. SUMMERS: Well, the Collier County staff, that is certainly handled. We can handle that with attrition. We've got the season coming up. So I think I can let Chief Kopka address that, but that is Page 112 September 8, 2015 not -- there's no loss of position in our recommendation here. Or no loss of positions. COMMISSIONER FIALA: Maybe at this moment. But then maybe when you have too many then all of a sudden people lose their jobs just so that COPCN can expand? That's making me really nervous. MR. SUMMERS: No, ma'am, I don't -- we don't forecast or foresee any loss of Collier County EMS personnel in this endeavor. Again, because of turnover or attrition. COMMISSIONER FIALA: And then where EMS has been living right now, it will then be occupied by the COPCN people? MR. SUMMERS: No, ma'am, they are their own operation, they are their own North Collier Fire Service operation. So what you're doing, they're training up their personnel to take these positions, just as they presently do within the North Naples Fire District -- COMMISSIONER FIALA: They can't use an ambulance, they can't transport, so where does the ambulance go? MR. SUMMERS: The ambulances were always at their regular stations in the northern part of the county. And I can let Chief Kopka give you the exact addresses, if you'd like. CHIEF KOPKA: Good afternoon, Mr. Chair and Commissioners, Chief Kopka for the record. Currently the EMS paramedic that's part of the interlocal agreement is housed at a different station than the ambulance. The ambulance is housed on the fairgrounds property or near the fairgrounds property. We have no intent of moving that ambulance or those crews. The only difference would be the tact or engine truck that's at the Big Corkscrew station at Randall and Immokalee will be staffed with a COCPN paramedic firefighter as opposed to an EMS paramedic firefighter. There will be no loss of personnel on the EMS side, no loss of Page 113 September 8, 2015 transport ambulances on the EMS side at all. COMMISSIONER FIALA: And as Commissioner Nance was asking you about, what about the change in service? Not only that but the millage rate, how -- you know, what happens there? CHIEF KOPKA: No change in millage rate. COMMISSIONER FIALA: No change in millage rate? CHIEF KOPKA: Correct. COMMISSIONER FIALA: It doesn't get reduced either, right? CHIEF KOPKA: Correct. It -- COMMISSIONER FIALA: Even though they have such a much lower millage rate, they're still going to have to be paying the same millage rate, what is it, 3.9 or something like that, I don't know. MR. OCHS: Yeah, Commissioner, that's probably a better question for the leadership of the district than it is for Chief Kopka. He really can't represent what the millage rate is going to be at some point or how long it's going to hold. That's probably a good question for them. COMMISSIONER FIALA: Okay. CHIEF KOPKA: I'm sorry, I thought you were talking about the EMS. COMMISSIONER FIALA: I was actually. Thank you, you understood. But I was just wondering, you know, how do the people benefit if they're getting the same service and the same service and the same rate and they're housed in the same place both times? I'm not quite sure what the benefit is to Corkscrew. CHIEF KOPKA: I'll let them jump in, take that question. COMMISSIONER FIALA: I'm just trying to figure that out. CHAIRMAN NANCE: Well, the interesting question is, in Big Corkscrew the fire district came to the people and asked to raise the millage because of the recession. The taxable value plummeted, the Page 114 September 8, 2015 revenue plummeted, they couldn't survive. So they came to the people. I participated in that before my service as a commissioner. Chief Robert Metzger did it with Golden Gate, Chief Rita Greenberg did it with Big Corkscrew Island, and the discussion was we need to do this to maintain service. Now it's being suggested that this high millage rate, this elevated millage rate is necessary. I don't see how it's ever going to come down if those people have to pay for a fire COPCN. How is it ever going to come down? It's not going to come down. Those people were never told they were raising their millage rate to provide additional services to them. They were told -- they were asked to raise the millage rate to maintain the level of service. I think it's been exceedingly disingenuous. And if we do it for this one how do we deny Immokalee's application for a COPCN? They're 3.75. How do we deny that? How do we deny greater Naples application for a COPCN? Before you know it, we have not one unified EMS system anymore. We've got three or four medical directors, we've got three or four different potential medical training programs, and we've got two or three different armies running around out there trying to provide the service that today is primarily serviced by one army. The reason these fire districts and EMS is organized like an army and they have military levels of command is because everybody realizes it need to be precise, it needs to be highly organized. How do you fight a war with five separate independent armies doing what they think is best? I think the unintended consequences of this are it's going to completely disassemble our effort to unify all of our emergency response under one banner. We need to get all the fire districts and EMS under one banner and one command in this county. We only have 350,000 people. We can't do that. Page 115 September 8, 2015 We are not living up to the example that's being presented to us, we're not reading the information that's being presented to us. I agree with Commissioner Hiller, we all want the same thing. But the approaches are vastly different and they are not equal, and they're not equal to our citizens. And everybody needs to acknowledge that. If it is, I'd like somebody to step up and tell me what the big deal is to these citizens. If we took the North Naples Service District and the Big Corkscrew Island Service District with the service that's being proposed and flipped them and we offered North Naples the service that Big Corkscrew Island's going to get you know what the citizens would do to you? We would all be running for the hills, okay. They wouldn't accept them. They would not accept that. It's not equal. It's going to be separate and equal and it's going to put the burden of high millage rate on these people that can least afford to pay it forever. And nobody has ever explained to me a pathway that that's not going to happen. That's one of the bad things. That's not the only thing. The approach to service is the same. All these studies are telling us we need to look at outcomes, we don't need to look at response times. I've never had anybody come in here and say hey, you know what, we're going to go and we're going to look at what the outcomes are in the eastern part of the county because the demographics are different and then we're going to look at the older population along the coast and we're going to figure out what the outcomes need to be over there and what our caseloads are and we're going to tailor our system. Nobody's doing that. Why? Because we don't have a comprehensive approach to it. That's all I'm saying. Commissioner Hiller and I agree for the need for better service. And particularly in my district. But I don't think it's prime time for this now. I just don't think we're ready for it. I think it's incomplete and I Page 116 September 8, 2015 think it's erroneous. Commissioner -- who's up next? COMMISSIONER TAYLOR: Hiller. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. It is prime time. The system hasn't been working and our response times are not adequate. We are nowhere near where we should be. And earlier on there was a mention of the premier model, if you will, and that was the Seattle model. Well, the Seattle model is not what we have here. And while we have been moving to consolidation of fire districts, we are sorely deficient when it comes to EMS. Let's talk about EMS funding. Mr. Summers, how much are we being funded by -- how much is your division being supplemented by the general fund? Let's talk about all the costs and how short you are and how much you need. MR. SUMMERS: Ma'am, I'm not -- I haven't done any particular financial analysis for you today, but I will gladly get that information for you. COMMISSIONER HILLER: You are short-funded. And the reason you're short-funded is we don't have enough money to fund you to the level necessary to provide a countywide system with the level of service necessary to save lives. And that is why we partner with fire. We can't afford to build EMS stations throughout our 2,000 square mile county to deliver the level of service that we need to deliver. That is why we're partnering with fire across the board, north and south, east and west. We don't have the money. Do we have the money, Leo? MR. OCHS: Commissioner, you have an adopted level of service for EMS. In almost all zones you're meeting that adopted level of service. Your EMS operation is funded by the general fund and by Page 117 September 8, 2015 ambulance fees at about a 50/50 ratio. So I will tell you, and Chief Kopka can correct me if I'm wrong, but with the exception of a couple of zones throughout the county, you are meeting the current level of service standard as it's defined in your AUIR. COMMISSIONER HILLER: Because we're partnering with fire. MR. OCHS: They certainly in those areas where we partner with fire help us meet or exceed those service level standards. COMMISSIONER HILLER: And our service level standards, while we have set them at what they are today, are not adequate. They are absolutely insufficient. The drop to shop time to save a life is four minutes. And saying that an eight-minute response time is adequate and that we should have an urban and a rural standard, really? I didn't know life was divided between the city and the country. I didn't know there was like a city life and a country life. MR. OCHS: Yes, ma'am, there -- COMMISSIONER HILLER: Okay? And I mean, I find what we have done unacceptable. And we have an opportunity now. And EMS doesn't have to pull out. And they don't have to pull out right away. And when we do pull out, we deploy those resources in another area where there's a need. We are not firing anybody. We're not laying anybody off. We need every single person we have. And if we can have North Naples Fire provide ALS service and we can take our resources and deploy them to some other part of the county to provide even a higher level of service and have better response time and more lives saved, then that's exactly what we should do. MR. OCHS: That's what we will do. COMMISSIONER HILLER: And your recommendation is right on point and I thank you for it. And Mr. Summers, your analysis has Page 118 September 8, 2015 been correct today. And I would really ask this board to look at it from the perspective of this is the right thing to do to save lives. It really is. And I wouldn't be so passionate about it and I wouldn't care so much if I didn't know firsthand it will make a difference and it does matter. Just like I think what we've done with the eastern and the southern portion of the county is correct. It's exactly the same thing. We're doing the same thing in both areas. It doesn't matter if it's north or south, let's just get it done and move on, save lives and make it happen. It's very important. This is not about politics, this is about life. This is very much about life. This is not a joke. You know, I mean -- CHAIRMAN NANCE: Commissioner Fiala, then Commissioner Taylor. COMMISSIONER FIALA: Okay, thank you very much. Just one last question from me and that is we had for the last few years talked about consolidating all the fire departments and finally ending up with one excellent fire service throughout the county and we would consolidate into that one EMS service. What does this do if EMS -- rather if fire departments continue to create COPCNs what does that do for our EMS service? Is there -- you know, does that either break it apart or does it -- it doesn't leave a prize in the end for consolidating. It gives everybody the ability to stay separate from everybody else. And before we at least had a carrot out there and it was called EMS. And now we won't. So can you maybe fill me in on that or -- you know, what happens? Does EMS just kind of dry up and go away then other than a few transport services? MR. SUMMERS: Well, Commissioner, any comment on that right now would be speculation on my part on. COMMISSIONER FIALA: Yes, it would be. Page 119 September 8, 2015 MR. SUMMERS: So bear with me on that. And if I could foresee that crystal ball of how consolidation would look like, I would go buy a lottery ticket. But I just want to say that what our focus here is strictly related to the fact that you now have a merged -- legislatively approved merged organization. COMMISSIONER FIALA: Two of them, actually. MR. SUMMERS: Well, you have two. Right, you have two as one. You have one with one level of service on one portion of the district, one without. I think if-- COMMISSIONER HILLER: I think Commissioner Fiala meant there were two legislatively united -- COMMISSIONER FIALA: Two consolidations -- MR. SUMMERS: Yes. COMMISSIONER FIALA: East Naples and Capris -- MR. SUMMERS: Yes, ma'am. COMMISSIONER FIALA: -- and then North Naples and Corkscrew. MR. SUMMERS: Yes, ma'am. But to focus on this particular COPCN. Yes, ma'am, I follow you. I think the component here is that you have a delivery component at the North Naples Fire District as we know North Naples. You have set that precedent. The other component is that you have a -- you are delivering ALS non-transport on ALS engines and other quick response vehicles with Collier County EMS. There's business synergy now with one consolidated fire district, the North Collier Fire District. So would it not make business synergy, although I can't debate, I can't put any discussion around the different millage rate, but from a responder's perspective that group needs to Page 120 September 8, 2015 function as one business unit. I acknowledge the different taxing rates, but the ordinance gives me no authority to investigate or work on the ordinance disparity in this case. And this ordinance certainly wasn't written for something that even addressed fire service consolidation ALS 10 or 12 years ago. This was really looking at the private sector if they came to our board. Now, that's all hindsight. So I would say that the component here or the advocacy is simply their business operation and the fact that you already have one certificate and one part of this new business district. And really, that's the extent of the analysis that I think is fair for me to comment on, staying within the confines of the ordinance. COMMISSIONER FIALA: Well, as it continues to creep and other departments then want to emulate the same procedure, then EMS would continue to downsize, I would guess. And then what happens there? I mean, what are -- MR. SUMMERS: Well, ma'am, I would say that remember, we have expanding call volume, expanding population. You have the best of the best and world class accredited Collier County EMS. You do. You've got great people within the fire service providing that first responder component. The philosophical question is, and I'm sure I'm on thin ice here, is what do you want to do with COPCNs in the future related to first responder ALS? But at this point with the legislative new business unit, where my comfort level is within the ordinance and the guidance that I have, as I understand the guidance and the ordinance, is that you make a decision as to how you want to let this new business unit operate. And it does coincide with expanded district, it does coincide with the fact that we put measures in place last year to improve our response time. COMMISSIONER FIALA: Thank you. Page 121 September 8, 2015 CHAIRMAN NANCE: Mr. Summers, I appreciate what you said, that the ordinance doesn't contemplate what we're going through with consolidation, and it certainly doesn't -- it didn't contemplate what would happen if you created all these multiple units, I don't suppose. But one of the elements is that the effect of the proposed service on the overall cost to EMS service in the county. So how are you going to tax our residents? How many different directions are you going to tax them in? We're taxing them for EMS, we're taxing them for fire, and you've got a total. So how many different ways do you want to tax people for the same service? Like I say, I appreciate everything that the COPCN has done in North Naples. But it really is an enhancement in that case. This does not look like an enhancement to me. It looks like a system that's going to be very, very hard to fund. People are struggling. Even with these high millage rates, they're on thin ice, they're struggling. I know Big Corkscrew, you know, everybody said okay, it's sufficient, we can budget to do this. But I'll tell you what, it's on thin ice. It might not be Chapter 11, but it's chapter 10-and-a-half. I know, I've lived it out there, I've seen it. All right? It's the same in Immokalee. They're struggling with grants, they're struggling with high millage rates, they're struggling trying to make do. How would we deny other COPCNs to other fire districts? You'd have to make the same argument, wouldn't you? And they're all going to be on thin ice. All the ones in my district are. They are marginally funded as it is. I just don't think they can take this burden and truthfully and honestly look me right in the eye and tell me that they can supply the same service that EMS does. I've advocated in here this last time for more funding for EMS. Commissioner Hiller is right. Collier citizens are paying a quarter of a mill equivalent, .2462, and I think they're getting a brilliant amount for the amount of money they're getting -- Page 122 September 8, 2015 COMMISSIONER HILLER: They're not. CHAIRMAN NANCE: -- they're getting excellent service. COMMISSIONER HILLER: They're not. They're way under-serviced. They need more service, that's the whole reason. CHAIRMAN NANCE: I agree. Let's fund EMS. COMMISSIONER HILLER: Then propose a raise in taxes, because that's the only way it's going to get funded. CHAIRMAN NANCE: Well, it's either going to -- COMMISSIONER HILLER: And yet we don't have to raise taxes because our various districts north and south are able to provide the additional service without raising the tax that these people are saying. CHAIRMAN NANCE: They've already have the taxes raised on them. They're already three and a half to four mills. In North Naples it's .95 mill. I agree, it's a great bargain for them. It's not a bargain for the people in my district. And these are the poor people. COMMISSIONER HILLER: That's not the way it works. The tax is a function of millage and property value. You can't say it's a good deal or a bad deal. CHAIRMAN NANCE: They're not taxed a different rate for EMS, they're not taxed a different rate for county services, they're not taxed a different rate for the Sheriffs office. The only one they're taxed different for is the fire districts, and that's who we're asking to carry this burden. That's all I'm saying. We're asking people who already have a heavy burden to take more. And that's where the tax discrepancy is the worst. COMMISSIONER HILLER: Because they're -- CHAIRMAN NANCE: And I don't see any way out of it. Show me a way where we can reduce taxes on these people and treat them like we do with Collier County EMS and the Sheriffs Office and the county. Show me how to do that. Page 123 September 8, 2015 COMMISSIONER HILLER: That's exactly what's happening. That's why the legislature approved this consolidation. Because down the road as the population increases in the east and that district has a higher population, then overall the millage will go down because more people will be paying into the system. I mean, that's the whole point. Could we hear from whoever the speakers are? CHAIRMAN NANCE: Let's go to Commissioner Taylor and then we'll go to public speakers. COMMISSIONER TAYLOR: I don't have any comment at this time. I'm listening and find this fascinating. But I did want to ask Mr. Summers, are you not concerned about consolidation as an overarching strategical -- MR. SUMMERS: Yes, ma'am, absolutely. We want to see that. We want to find every efficiency that we possibly can. But at this particular point I think it's appropriate for me to stay within the confines of the COPCN ordinance and activity. Obviously there is progress within the fire service consolidation. I have, you know, different thoughts about the segregation, if you will, between fire and EMS and first responder and ALS transport, but those are my views. But I think at this particular point what you're looking at is strictly what is related to the response time, what is related to the business unit out there. And I don't -- and this is not any -- our community is going through the same discussions as hundreds of communities over your delivery between fire and EMS. So you have definitely hit that hard spot in the road. So I think some others want to comment, and I think in terms of the manpower, Chief Stolts would be better to serve that question. MR. MILLER: Mr. Chairman, we have eight registered speakers. My apologies, Commissioner Fiala, I counted wrong when you asked. Your first speaker is Paul Devan. And he'll be followed by Paul Page 124 September 8, 2015 Anderson. CHIEF DEVAN: Hello. For the record, my name is Paul Devan. I live in District 5. I live off of Eighth Street Northeast on 14th Avenue Northeast. I've been in Golden Gate Estates for a long time, again, close to 25 years. I've been in the fire service for 29 years. I come from a family that was in the fire service and in the military. Basically I'm the little kid that grew up in the fire station. With that said, I've had obviously a lot of experience, I've had a lot of times where I've ended up in the back of the ambulance. With that said, operating in Collier County and Lee County, I had worked in Lee county for 24 years. If I was on the back of a unit as an EMT or if I was there with a paramedic, it didn't matter what zone we were in, if we caught an emergency call we had to go to that call. So it doesn't matter on my uniform if I'm operating in Collier County and I end up on the back of Medic 30 and I was passing through Big Corkscrew Island where I live, if there's an emergency, I will go. Also too, being that I'm the captain of the Immokalee Fire Department, I live in zone 10. I live behind Station 10 of Big Corkscrew Island. Now, I'm not the type of person where I try to chase calls or whatever like that, but there has been a few opportunities to where I've been in the area of an emergency and I've responded appropriately. I think what we're missing here is it doesn't matter what studies we look at. If we look at studies that come from Harvard, they come from Colorado, they come from Seattle, we need to see what works here and what works for Collier County. Being that I've been here for 25 years, I've been in the fire service for 29 years, I've had my share of calls that we don't have the time to discuss, but what you need to know as a Collier County Commissioner is that we have the resources available in is Big Corkscrew Island. Page 125 September 8, 2015 They need to be able to function at the level that they're trained to function. That's what the main point is here today. I had an incident on the road that I live on where a 14-year-old was shot in the leg. It just missed his femoral artery, fortunately. But the point I'm trying to make is the first due unit -- I had both calls on my street, that was just one of them. But the first due unit was the Attack 10 with two firefighters. If one of those firefighters is a paramedic, they should be able to operate at the level of their service. Why does it matter where they are on the map? Thank you. MR. MILLER: Your next speaker is Paul Anderson. He'll be followed by Ramon Chad or Chao, I'm not sure which it is. COMMISSIONER HILLER: Can we just ask clarification from the last speaker? In other words, just clarification, because -- you support ALS? CHIEF DEVAN: Yes, ma'am. COMMISSIONER HILLER: Thank you. So you support the award of the COPCN? CHIEF DEVAN: Yes. COMMISSIONER HILLER: To Big Corkscrew. CHAIRMAN NANCE: Chief, please. CHIEF ANDERSON: Hi. Paul Anderson, Fire Chief, Immokalee Fire Control District. I'm here at the direction of the board of fire commissioners of Immokalee Fire Control District who have directed me to share that they are in support of North Collier's request to expand their COPCN into the Big Corkscrew area. There's several things. Everybody keeps bringing up this King County, Washington study. The King County, Washington system is nowhere near the same as Collier County, Florida. King County, Washington has over two million people. Collier County's got 300,000. And a lot of people don't realize, King County, Washington, they Page 126 September 8, 2015 have one ambulance provider in the county. Collier County Florida has one ambulance provider in the county. King County, Washington has over 150 fire stations in the county, over 20 something different fire departments, every one of which provides EMS. So it really is not apples to apples. The other thing, the expansion of the COPCN will do several things. One of the things it was -- we were working on was improving ALS response times county-wide. One way to do that is add more resources to the mix. The county added one ALS unit in Corkscrew with a county paramedic on a Corkscrew firetruck. North Collier's proposal will make it four times those resources. North Collier is proposing to add three ALS units with Corkscrew firefighter paramedics. That would allow the EMS medic on their engine to be available to be reassigned somewhere else in the county as a fourth additional ALS unit. Instead of adding one ALS unit, we're adding four. It affects Immokalee Fire District because when all of our units are busy, engine 12 from Corkscrew is the next due unit into Immokalee. If our units are busy, it's usually the ambulances in Immokalee are busy as well. If there's a paramedic on Corkscrew's engine, that benefits Immokalee Fire District. Because now we've got ALS there sooner than it would take for another ambulance to get there. I am a firm believer in fire-based EMS. It's not replacing the service, it's enhancing the service and increasing the level of service in the Corkscrew area. It's also increasing the level of service in Immokalee. We just had a devastating traffic accident on State Road 82 last night. We had two patients that had no paramedic care for 10 to 15 minutes because we ran out of paramedics on that call. If there was a paramedic on our fire engine they would have had paramedic care Page 127 September 8, 2015 immediately. Immokalee Fire District is in support of the expansion of the COPCN. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Ramon Chao. He'll be followed by Chris Crossan. MR. CHAO: Good afternoon. Ramon Chao, I'm one of the Commissioners for Collier County -- correction, for North Collier Fire. I worked for Collier County EMS for 15 and a half years as a paramedic firefighter on all of the ALS engines that have been for the county. So I'm not just speaking out of I think this is a great idea. You proved it, you put one ALS engine up in Corkscrew, it dropped from 55 -- it went from 55 to 80 percent. Unfortunately Mr. Pena, it's one of your constituents, lives in zone 12. He died with paramedics standing next to him four minutes. Yeah. And I know it has nothing to do with the white list. That's the one thing that's there. These paramedics could have put an IV in, they could have given medication, they could have put a monitor, okay. The one ALS medic cost, as you said, $363,000. Corkscrew and North Naples together or separate, however you want to mix it up, we have the funding. We've done it, we've looked through it, it's been approved for a third of the price. For $100,000 you would cover the three other zones plus the additional fourth. This is just ridiculous. The politics have got to stop. People are dying. EMS has gone off-- you're worried about extra medics, extra medics. EMS has been buffering by adding -- by the swamp program in greater Naples they've added at every station, almost every station, and Walter can correct me if I'm wrong. They've been adding them because it helps keep up the numbers to do it. And apples to oranges, EMS is trying to get to the calls out in Corkscrew and Immokalee in 12 minutes, not eight minutes. Somebody keeps dropping out that Page 128 September 8, 2015 additional four minutes. We're getting there. And the ALS engine got it down to that time. You want to save the taxpayers the money? Is it right? There it is. People are dying. We've had these people there. There was that other call that was over an hour. This is not politics, man, this is people dying on the side of the road. And just -- my father just had a cath. on Friday. Thank God he was in a doctor's office when we noticed what was going on. If something like this happened that your own family member died because of politics? You have EMS telling you yeah, it's the thing to do. It's going to save taxpayers money. It's going to save lives. I mean -- oh, and by the way, the millage rate is going down just as we said, as we approved. So I just don't understand. It's all covered. The finances have nothing to do with this Board. That is our job. If you attempt to enter into that world, you're now impersonating a fire commissioner that the people elected us for. And they raised their taxes so that they could have it. And you can't look at the .24 and use that against a 3 because you get an additional $1,000 every time you get taken in by the ambulance. MR. MILLER: Your next speaker is Chris Crossan, he'll be followed by Chief Orly Stolts. MR. CROS SAN: Thank you today, Commissioners. Let me just preface my background as a fire commissioner. And I've been in the infancy of the Marco Island program as a firefighter there too. And just to address Commissioner Nance's concerns, how do you defend this? Well, it's the same way I defended the millage rate increase, you would have three people running to a fire as opposed to six. And it was, say, Paul, for instance and he has a young daughter and he has a young son, I know somebody has to put out a fire and I know somebody has to save the kids or the people, you know. And I had people against me in my election for that that didn't Page 129 September 8, 2015 believe that and how do you defend more paramedics on the street? We have, let's say three elementary schools out there with thousands of kids. You guys probably remember last year reading about the Lee County child that died from an asthma attack. How many nurses do you have in those schools? One that travels around to those elementary schools? She might be there one day, she might not be there the next. What's it locked up in the locker? Proventil, Albuterol to give those kids asthma treatments? Let me tell you how scary it is when I coach football and one of my kids has an asthma attack, and I try to remember how to put it together and do everything and do it the right way. And I've administered those. And I want you to say yes today. Because I want to give the ability to direct my chief, both of my chiefs, to go to those parent/teacher associations. And they give us the $9 million for the parks, they gave us the okay on the Publix, but they said no to the kids, they said no to the residents to save these lives. And we can, we can, we worked it out in our budget to get this done. You know, when you guys came to us about station 48, putting another ambulance in there, I was the first one to say yes. If our firetruck is out of there at Station 48 up on Livingston, have the ambulance here, you've got North Naples Middle School across from there. Even though that ambulance came from Pelican Bay and repositioned those people back to Pelican Bay wherever they are needed. Because we have the paramedics, they've been ramping up for years, for years of schooling to do this. And now with George and everybody else to provide this service. And a no vote today, you've already established right here and now you're going to establish for the rest of the people here. And we can't afford it. We didn't want to do that for the fire. And the goal is to bring the millage rate back to that one. Thank you. Page 130 September 8, 2015 MR. MILLER: Your next speaker is Chief Orly Stolts. He'll be followed by Michael Ramsey. CHIEF STOLTS: Commissioners, I thought I was going to be able to present on this particular agenda item. I didn't realize I was going to be put on public speaker. So could I let the public speakers finish and then present at the end? COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: The will of the Board, whatever the Board would like to hear, Chief. I'm sure you're going to be able to speak. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Sir. COMMISSIONER HENNING: North Collier is petitioning the Board to change. They paid an application fee. So, you know, it's no different than our land use to allow Rich Yovanovich to argue this point. CHAIRMAN NANCE: Fine, you'd like to conclude the speakers, sir, and then you'd like to present? COMMISSIONER HENNING: However, the Chief-- you're the petitioner, correct? CHIEF STOLTS: Yes, sir. CHAIRMAN NANCE: It's fine by me if it's fine with Board members. I don't see any problem. CHIEF STOLTS: Thank you. MR. MILLER: Your next speaker is Michael Ramsey. He'll be followed by, looks like C. Spencer. MR. RAMSEY: Good afternoon, Commissioners. My name is Michael Ramsey. I'm the president of the Golden Gate Estates Area Civic Association and I'm also a resident of the Big Corkscrew Service District Area. Two main points on this issue today. Number one: King County Page 131 September 8, 2015 model, Harvard study, Oklahoma study in relation to this issue, these are replicated studies of emergency medical response done across the country, and they've concluded that a system with a large and rapidly deployed BLS EMT responders backed up in a tiered system with medically experienced ALS paramedics is the best medical response strategy for saving lives. The COPCN application in front of you today does not address this strategy, so it needs to be reviewed further as to what is the best option. Number two: Yes, Commissioner, Big Corkscrew's board approached us in our district and asked us to increase their millage to 375 to maintain fire service. It was also made clear to us at that time that when things got better it would come back down. We did not expect a new program in that increased millage. During the merger with North Naples there was no discussion of a COPCN and the financial responsibilities it would put on us as we're talking about it today. Most times in a merger, and our group included, we were hoping to get our millage reduced to help us with our finances in our district. As of today, listening to this discussion, I don't believe our millage will ever come down in our Big Corkscrew Service Delivery Area. I don't think it's possible. Because the cost and the finances you're talking about today was not included in the original merger budget. So I'm somewhat disappointed in how this is going. And I think for the future of long-term emergency medical service, looking at the proven studies and looking at factual based outcomes is the best way to proceed with decision-making. Thank you for your time. MR. MILLER: Your next speaker is G. Spencer. He'll be followed by Norman Feder. Page 132 September 8, 2015 MR. SPENCER: Good afternoon. It's Christopher Spencer, 5950 Almaden Drive. I proudly stand before you as the elected representative of the North Collier Professional Firefighters and Paramedics. We cover North Collier in its entirety, that's Corkscrew and the Old North Naples area. So you have to understand that from our perspective each one of us has our licenses by the State of Florida and they have set the benchmark of what we need to know to be able to perform any kind of medical procedure on any individual. We've gone to school, we've been certified, we passed the state test, we follow the Collier County Medical Director's directives of how we do if we have to do procedures on people. We work hand-in-hand with my brothers and sisters from Collier County EMS, East Naples, Golden Gate, Marco Island, the City, you name it, we all work together. We all have one goal in common, and it's the safety of the people. Mr. Nance, you said that you can't have five armies running around. Let me remind you about World War I and World War II where many allies got together with one common cause and we all won that war. I just want you to know that the men and women that are doing this job out here, we feel that it is a gross injustice, not just to us, although it has a smack of demeaning to the qualifications that we all hold if we are not a Collier County EMS employee, although I have no bad feelings towards any of the EMS people, we're all equal and they feel the same way. But what really gulls us is that we know when we get on scene, as has been indicated, and we have to sit there and say guess what, I'm a paramedic today and I'm riding in the truck in the North Naples/Pelican Bay area but as soon as I cross that imaginary line I Page 133 September 8, 2015 cannot do anything because of politics. And people will die and people will get hurt and people will wait on ambulance deliveries. And the people that you're talking about that are the poorest, you're going to make them wait even more. There is no cost, there is no bill come from North Collier Firefighters or Fire District to the individuals who we render care to. No, we work hand-in-hand with our brothers and sisters of Collier County EMS. And if they need extra help, we hop on the ambulances that are on staff correctly and we get in there and we give them a hand to make sure that the end product is the best product. I thank them for their dedication and I thank you for your consideration of just issuing the COPCN for the entirety of North Collier. Thank you. MR. MILLER: Your final registered speaker on this item is Norman Feder. MR. FEDER: Commissioners, I learned from Jim Mudd some time ago to be brief, be brilliant, be gone. I can do two of them. I'll try to work on the third. What I need to tell you is that the merger has occurred. We went out, we went to the public, we developed a plan, five years in a business plan over 20, and we're implementing that plan. And the key is there is a single district. There is not necessarily a service level that we desire to provide in north versus a service level different to be provided in Big Corkscrew. The issue in north, as was even noted, while you have all these different studies, the only real study that I've seen I know is conclusive is that north in working in COPCN has been very, very effective working with our EMS in helping to meet the standards and working closely to save lives. That's what we want to do in the full district now, because there is only one North Collier. There is not two separate service areas Page 134 September 8, 2015 because, and yes, we have two different millage rates. And a per capita taxable value of three-and-a-half is equivalent almost to one in north. But regardless of that, the orientation of this merger, consolidation, is to try to bring those together. It won't happen immediately. And that was acknowledged in the merger. But neither area is going to subsidize the other, but we are going to be able to capitalize greatly on the efficiencies from a merger to be able to increase services and make sure the most important of services are being delivered uniformly throughout our district. The money's already in the budget and what I can tell you bluntly, and this is the last thing I'll note, is the millage rate has already come down from 1 to .95, as was noted, north, as part of the merger, we did that immediately. And in this current budget Big Corkscrew is pulling it down from 3.5 to 3.45. A step in the right direction. Not the answer, but it's continuing to move. And the fact of the matter is, if you get additional services and you get the most critical and important services provided uniformly, then the merger has been successful. And that's what we're trying to do. Thank you. MR. MILLER: That was your final registered speaker. CHIEF STOLTS: Thank you, Commissioners. Chief Stolts, for the record, Fire Chief of the North Fire Control and Rescue District. Commissioners, what you have today before you in this agenda item is Government 101. Everybody I'm sure, particularly in your positions, have gone through Government 101. And the first thing that they teach you in Government 101 is the main focus of government is the safety and welfare of the residents that you serve. This is as close as you're going to get to the safety and welfare of the residents that you serve, because it's the residents that we serve. There has been a consolidation in the north half of the county, as Page 135 September 8, 2015 has been described to you. The North Naples Fire District and the Big Corkscrew Fire Control and Rescue District have merged into one. It's done, it's over. Legislation, everything else, there is no doubt, we have one fire district. However, in that fire district we have two different levels of service. And we knew that going into the merger. This is part of the process, to fully continue our consolidation efforts in the north end of the county. And we have other consolidations, you know about them, they've gone on in the rest of the county. Four of the largest fire districts in Collier County have now consolidated into two. I think we're moving in the right direction. You all have been talking about this for a long, long time. We're going there. It's moving there. It's going to take a little time to continue on through this consolidation effort, but this before you today is part of that consolidation effort. That consolidation effort that we took part in in the north end of the county, it was to improve efficiencies and increase service in this new fire district. Today we're talking about increasing that service to a portion of the North Collier Fire Control and Rescue District. There's a geographical area of the North Collier Fire District which is 290 square miles. There's a geographical area that's about 200 square miles. 200 square miles. In that 200 square miles roughly a population of 25,000 people. 25,000 people in that 200 square miles. In that 200 square miles there's one Collier County ambulance that's stationed there at Medic 10, Station 10. There's one ALS fire response vehicle. It's Attack 10. Attack 10 has one of your Collier firefighter paramedics on Attack 10 in the North Collier Fire District and one of the North Collier firefighters on Attack 10. That's two ALS units responding into that area of 200 square miles, 25,000 residents, two. Two paramedics on two different trucks. You keeping up with me? Two. Let's compare that to another geographical area in Collier County. Page 136 September 8, 2015 City of Naples. City of Naples is 18 square miles. Population of 22,000 people. That's 3,000 less than in the service area we're talking about. How many ALS units do we have in the City of Naples? Four engines, four apparatus in the City of Naples can provide advance life support off of their firetruck before EMS arrives. You also have three Collier County ambulances in that 18 square miles. That's eight ALS response vehicles in an 18 square mile, 22,000 population community. We have 200 square miles, 24,000 people, two ALS units. We're asking you to approve us today to allow us to put two to three more every single day emergency response ALS units up. Nobody loses their job, we don't have to hire anybody else. We have almost 100 paramedics in the North Collier Fire Control and Rescue District, all state certified, approved by our medical director to operate anyplace else in the county, any place but in our own district in the Big Corkscrew Service Delivery Area. My medics can operate in Greater Naples Fire District, my medics can operate in the City of Naples, my medics can operate on Marco Island, but they can't operate in our own district. 200 square miles of our own district. That is outrageous in my mind. This is one fire district, one population of with 125,000 (sic). Every person in my district should get the same level of service. I don't care who you are, where you live, when you call us, you should get the same level of service if you live in Pelican Bay or if you live on DeSoto Boulevard. It should be the exact same level of service by the guys that ride and the women that ride in those red firetrucks all around our community. This is not a big money issue. We're talking less than a half of one percent of the total budget of the fire district. This is not a money issue. This is doing the right thing for the residents of our fire district of which most of you Commissioners sitting up there represent some portion of the North Collier Fire Page 137 September 8, 2015 District. And we thank you for all the support you've given the North Naples Fire District in the past when you approved our COPCN five years ago. That has enhanced the level of service in our area tremendously. It has allowed Collier County EMS to rearrange some of their units for the better of the entire county community. It's allowed for the response times all across the county because you're using our advanced life support units arriving on scene in your combination of an ALS. Same thing will work out in the Corkscrew area. When four of those ALS units are working every day in Corkscrew, when they arrive on scene the clock stops for the county on getting an ALS on scene. Even though they're our firefighters. Even though they're our firefighters. Here's how crazy this is. Yesterday one of the North Naples firefighters was working in North Naples. He's been a paramedic for 10 years working advanced life support for 10 years. Worked in North Naples Service Delivery Area yesterday. His next shift, he's scheduled on engine 10. Guess what? He's got to leave his medication at home, he's got to leave his advanced life support equipment at home -- COMMISSIONER HENNING: Where is Station 10? CHIEF STOLTS: Station 10 is on Immokalee Road right at the curve of Randall, Station 10 and -- COMMISSIONER HENNING: In the Corkscrew Service Area. CHIEF STOLTS: In the Corkscrew Service Delivery Area in the North Collier Fire Control and Rescue District. On around the corner, make another right-hand turn, Everglades Boulevard in Immokalee is Station 12. That's the only two fire stations that currently exist in the Big Corkscrew -- COMMISSIONER HENNING: Kind of like our staff talking about the LDC, Land Development Code with a lot of acronyms in it. CHIEF STOLTS: Halfway between those -- Page 138 September 8, 2015 COMMISSIONER HENNING: We need some clarification. CHIEF STOLTS: -- two fire stations, Commissioner, is your Station 10, which is an ambulance station. With one ambulance, Walter, at Station 10? That's the only ambulance in that zone. 200 square miles. Commissioners, I just ask that you think about this. Because I can assure you we've gone through the COPCN process before. I knew it was happening before we got the COPCN. Once we got the COPCN, I knew what was happening after the COPCN. And we were saving lives after we were approved to go to work. Look around Collier County. City of Marco Island, every one of their firefighters that are paramedics can step off of their firetrucks before EMS arrives and perform advanced life support. Go to the City of Naples, every one of their firefighters can step off of a firetruck and perform advanced life support, if it's needed, before an ambulance arrives. Go to Greater Naples, they're just now coming into the ALS world, they're in that process right now. They're putting up ALS engines and those firefighters are going to be able to get off a firetruck and start advanced life support before EMS arrives. Go all the way around the county, the only place -- if you do not vote for this, the only place that a firefighter is not going to be able to do that is the Big Corkscrew Service Delivery Area, 200 square miles, 24,000 population. Thank you very much for your time. CHAIRMAN NANCE: Chief, I have a couple of questions for you. CHIEF STOLTS: Yes. CHAIRMAN NANCE: I understand what it is that you're telling me. But sir, I want to explain something to you. When it comes to getting the extra service out in my district, sir, it is all about money. Because I want to tell you something, this county has never wanted to spend the money out there, okay? Page 139 September 8, 2015 CHIEF STOLTS: This fire district is willing to. CHAIRMAN NANCE: The fire district is willing to? CHIEF STOLTS: Yes, sir. CHAIRMAN NANCE: Do the people that work in the Big Corkscrew Island Fire District make the same as your firefighters in North Naples? CHIEF STOLTS: They're going to. CHAIRMAN NANCE: Do they today? CHIEF STOLTS: They will when the union contract is over. CHAIRMAN NANCE: Okay, let me tell you something. This is what I get all the time. Maybe one day. Maybe one day things are going to be equivalent. Okay, maybe one day there's going to be the same service standard out there. Maybe one day people are going to be paid the same. Maybe one day they're going to have the same equipment. The equipment you have in North Naples dwarfs the equipment in Big Corkscrew. It's like living in a third world country out there compared to what you have in North Naples. You know it, I know it. They don't have what they need to provide equivalent service. They do not. I have advocated from the beginning to put more money into EMS, raise the service, get some more service out there. It's not because your people don't want to, it's not because they're not dedicated, it's not because they don't give it their all. They're doing everything they can with what they've got, I truthfully believe that. But I don't believe that this is going to give a pathway to provide equivalent service. It's not. It's got too many problems at the onset, sir. And it is all about money. That's why the questions about do you have enough people to provide this service and fight a big fire at the same time when you've got a limited amount of staff that you can afford in Big Corkscrew Island. The staff is underpaid and understaffed. You don't have the Page 140 September 8, 2015 personnel you need to provide the service out there when you have time and distance. And it's not the fault of Big Corkscrew Island, it's a fault of funding. Those people are being taxed as much as they can be taxed out there. The county is simply not stepping up. And I just hate to see EMS lose the position as being the central element that can fix that out there. I only believe that through a central command can this be done. And that's why I'm voting the way it is. I'm not voting because of politics. I have nothing to politically gain from my position. Probably most of the people in this room hate me right now. I don't want that, I don't like that. But I can tell you something, I believe that knowledge is power and you have to go with the best and brightest thinkers on this topic. And I don't think we're doing that. And that's why I'm not supporting it. I'm not supporting it because I don't trust you, it's not because I don't want to spend more money. If I could raise taxes out there or convince the other Commissioners to spend more money in my district -- I did it before, I begged them. And they came through. And now I'm seeing the money evaporate. I'm seeing the $265,000 that went into EMS to go into my district come back so that we can have a COPCN out there. That to me is like kissing my sister, okay? CHIEF STOLTS: I'll tell you what, leave your person there. I would love to have Collier County leave that Collier County firefighter paramedic on that truck. As a matter of fact, give me 10 more every single day and I'll put them on every fire apparatus in North Collier Fire District and I will enjoy that the rest of Collier County will pay for that service. Sir, I know all about command. I've been doing command all my life. CHAIRMAN NANCE: I know you do, sir, you know more about it than I do. You know more about it than I do. It's clear. CHIEF STOLTS: I could also, if I was -- already had my agenda Page 141 September 8, 2015 set in my mind of what I wanted, I could go out and find all kinds of studies to support my position. Just like you I believe had your preconceived motion on how you were going to vote on this, you could go out and find whoever you want to support your position. I can do the same for my position on this side of it. CHAIRMAN NANCE: Sir, I'm just going by what's been presented in this county. CHIEF STOLTS: How old is that stuff? I know the ones you're talking about. Some of those are 15 years old, sir. CHAIRMAN NANCE: Well, show me something that says COPCNs and throw central command away and everybody has their own medical director and then I'll support it. You bring me that study. CHIEF STOLTS: Better than getting on scene and having to wait 10 minutes for somebody else to get there to -- CHAIRMAN NANCE: I understand. There's always problems, sir. CHIEF STOLTS: We have one protocol across the county, we're all working on the same protocol no matter what department we work in in Collier County. Thank you for your time. CHAIRMAN NANCE: Thank you. COMMISSIONER HILLER: Can I ask you to repeat one thing for the record? Because Commissioner Nance repeatedly says that these people in Big Corkscrew are not getting anything out of this COPCN. Can you repeat again what is being provided that is not being provided now? You know, this statement that 360,000 is being pulled away and essentially like nothing is changing and somehow there's a diminution in service. Can you explain how you are adding to what Big Corkscrew has by way of ALS service at no additional cost to the taxpayers of Big Corkscrew? CHIEF STOLTS: Yes, ma'am. Page 142 September 8, 2015 Currently today in the Big Corkscrew Service Delivery Area those two stations we have identified, one station you have one engine and one attack truck. The engine is staffed with two, the attack truck is staffed with two. One of them being a Collier County medic. At the other fire station -- COMMISSIONER FIALA: I don't know what you mean. COMMISSIONER HILLER: Yeah, you have to define everything you say. Please explain it, define, because we do not know the tactical terminology. CHIEF STOLTS: At Station 10 -- you have two fire stations in the Corkscrew Service Delivery Area. At Station 10, which is one of the two, you have one fire engine that is currently staffed with two firefighters. One of those are a paramedic that is unable to practice at this time. He needs the COPCN to do that. The attack track, which is a smaller four-wheel drive vehicle that goes out on a medical call -- if a medical call comes in that zone, that smaller truck goes on the medical call -- it is staffed by two people: One being a Big Corkscrew firefighter who's probably a paramedic as well; and one being a Collier County firefighter/paramedic that you all are putting on that truck every day seven days a week. Up at Station 13 they have one engine, one firetruck, an engine, with three people on it. If a medical call comes in, two of those people will get off and take that smaller vehicle up in that station, which is called an attack truck, and they will go on that medical call. Currently one of those are a paramedic. But when they go on the medical call without the COPCN they're not able to provide advanced life support. They're paramedics, but they can't provide ALS. So I've got -- currently up there I've got two engines and two attack trucks that are in service. Today only one of them are ALS. With the approval of this COPCN I can turn all four of those trucks into advanced lived support response vehicles. Page 143 September 8, 2015 COMMISSIONER HILLER: So you're increasing the level of service by four. CHIEF STOLTS: Yes, ma'am. Adding three to the one that's currently there today. COMMISSIONER HILLER: At no additional cost. CHIEF STOLTS: We have another opportunity that's come our way. It appears that we're going to be able to put on 12 additional firefighters in our district. We currently have roughly 180 firefighters in the district. Adding another 12 we'll be able to bring -- I will bring my minimum staffing up in that Big Corkscrew Island Fire District right now. I do not believe on one guy going on a firetruck to a fire call is sufficient. Two is not even close. Three we can barely get by with. Four is appropriate. We're going to bring the staffing up in that Corkscrew Service Delivery Area now that we have the opportunity to do that. COMMISSIONER HILLER: And that 360,000 will remain with EMS so that EMS can deploy the personnel funded by that 360 to other areas of the county where we need additional help. So it's actually a win/win, because we're not not going to spend that 360. Collier County is going to spend that 360 in another area, providing a higher level of service there, and then we are increasing the level of service by four in Big Corkscrew at no additional cost to the Corkscrew taxpayer. CHIEF STOLTS: A cost that has been budgeted for this year's budget. There will be a small cost to it. The firefighters are already there, they're already trained, they're ready to go. We do have some small ancillary equipment that has -- COMMISSIONER HILLER: But the taxes are not going up. CHIEF STOLTS: No, ma'am, they're going down. COMMISSIONER HILLER: That's what I'm asking. The taxes are not going to go up. Page 144 September 8, 2015 CHIEF STOLTS: The level of service will drastically increase and your taxes will go down. I don't know how else to say that. COMMISSIONER HILLER: Well, I don't see how we can wait on a proposal like that. And I think the blood of the next person that dies in Big Corkscrew is on our hands if that person needed the service of an ALS paramedic and we didn't approve this today. They are clearly short. If you compare the statistics between the City of Naples with 22,000 people and 18 square miles to 200 square miles and 25,000 people, that disparity of service exists today. And here's a solution that at no extra cost and in fact saves the county money by redeploying county assets to benefit other areas of the county. It's a win/win. If. You want to eliminate two classes, this is the step in the right direction. To deny it is promoting two classes. It's allowing these poor people to suffer, just like they have. This is an opportunity to save lives. I really beg you. Second my motion. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you very much. One last question. It says there's adequate revenue base there right now. That means with the 360,000 that you would be spending for EMS, it will be the same amount that you bring back, only less; is that what you're saying? I want to know exactly what we're really saying. Because a lot of times we're hinting at it because you guys know the subject so well and we do not. CHIEF STOLTS: Commissioner, that 360,000 that's been mentioned here, that's your Collier County cost of having your Collier County paramedic ride on that Big Corkscrew firetruck. That's your cost. So whatever you all want to do with that, that will totally be up to you. Both Chief Kopka and Mr. Summers identified that there would be no jobs lost. You can role those people over into the system. COMMISSIONER FIALA: Good. Well, if that -- then I Page 145 September 8, 2015 misunderstood that. So then what are they talking about? I've heard there's cost and they can't afford it. And yet you're saying it's less of a cost. Tell me what that really means. CHIEF STOLTS: Currently today the Big Corkscrew Service Delivery Area -- and you're right, sir, we do not have the contract finalized yet, we're working on that. So we're working under two different contracts, two different groups of employees. Even though they're all employed by one district, the check is all the same. But we're bringing that contract together. Currently today the paramedics that live and work in the old Corkscrew Fire District, we're getting paid to be paramedics. Our paramedics that lived and work in the North Naples District, we're getting paid to be paramedics. There's going to be some cost harmonization to bring those salaries to where they're neutral. So there will be a cost at bringing them up to where they're both being paid the same to do the same level of service. And then there will be a few -- some ancillary equipment that will have to be purchased. We already have it, the majority of it. So our cost projections on this are less than $100,000 start-up cost, and then projecting to be probably 50 or $60,000 a year after that. COMMISSIONER HILLER: But you're not going to raise the taxes to do that. CHIEF STOLTS: No, the taxes are going down. COMMISSIONER FIALA: Well, how can taxes go down if these are costs that are going to be paid? There must be an answer and I just don't hear it. CHIEF STOLTS: The property value -- since Big Corkscrew was here in front of you last time for a COPCN and when they were denied because of finance, two years have gone by. The following year they got an 11 percent increase in their property value and new Page 146 September 8, 2015 construction, so the value of their district went up 11 percent. And then this year it's gone up 13 and a half percent. So you take that 11 percent and that 13 and a half percent, the value of the district or the income to the service delivery area of Big Corkscrew has roughly gone up about $700,000 a year. So we feel that we can take out of that 700, we feel we can carve out less than $100,000 out of that increase to make up the small difference to improve the service as great as it's going to be. COMMISSIONER FIALA: One time charge or every year? CHIEF STOLTS: That's a running cost every year. As you go on calls, advanced life support calls you. You use supplies, you have to replace those supplies. So whatever we use in the entire district -- COMMISSIONER FIALA: Well, if you're taking EMS out and there's an MSTU on the EMS, right? And if you -- CHIEF STOLTS: No. COMMISSIONER FIALA: -- take that out -- no, there is no MSTU on their EMS? CHIEF STOLTS: No, ma'am. MR. OCHS: It's an interlocal agreement. There's -- COMMISSIONER FIALA: So who's paying for that service right now? CHIEF STOLTS: You are, the county. COMMISSIONER HILLER: We are. We pay 360,000 -- COMMISSIONER FIALA: But what I'm trying to do, Georgia -- I'm sorry, Commissioner, is balance it. COMMISSIONER HILLER: Right, so -- COMMISSIONER FIALA: So I'm saying if this money goes out then what comes in -- COMMISSIONER HILLER: Right -- COMMISSIONER FIALA: -- to pay it? COMMISSIONER HILLER: 100,000 of the North Naples -- Page 147 September 8, 2015 COMMISSIONER FIALA: Yeah, but I want to hear him say this, if you don't mind. COMMISSIONER HILLER: Okay, sorry. COMMISSIONER FIALA: Because this is what I've heard from -- well, like Michael Ramsey, for instance. And I've heard it from Commissioner Nance. Yet you're saying their cost will go down rather than up. So please explain what that means to me. I'm sorry I'm belaboring this, but I think that's important to the subject. CHIEF STOLTS: Our cost to provide ALS and the service delivery area of Big Corkscrew will not go down. They didn't have ALS to begin with. It will go up slightly. It will go up to offset the difference of what their paramedics are getting paid today to what they will get paid if we agree on a union contract. It will go up because we're going to start using advanced life support supplies that they never had to use before. So the cost of providing advanced life support is minimal compared to what you the county was paying on an annual basis to provide one paramedic riding on one truck. I will get four trucks up and running advanced life support, three on every day and four on the days that we have the staffing for it versus the one. You were paying 300-- COMMISSIONER FIALA: So you're saying the county expenses were higher. But then if we don't have that anymore, does that get taken off their tax base? CHIEF STOLTS: I'll leave that up to Leo and his staff. MR. OCHS: We have three options: You can eliminate those positions; you can use them to fill other vacancies that arise in your EMS system through attrition; or you can redeploy those assets to a zone that needs help meeting their service level standard. Or you can leave them right where they are. Page 148 September 8, 2015 CHIEF STOLTS: Did that answer your question, Commissioner? COMMISSIONER FIALA: Yes, somewhat. Kind of. In other words, if you want the extra service, you've got to pay for it. That's what -- COMMISSIONER HILLER: No, it's the opposite. It's a net savings of-- COMMISSIONER FIALA: No, he's saying though that if we keep the EMS guys there we still have to pay for them or we can move them to another area. MR. OCHS: Yes, ma'am, but they're in your current year's budget, so you're not increasing your budget or your fees or your millage rate to carry that cost in your EMS system. COMMISSIONER FIALA: Okay. But then if we adopt the COPCN for that area, then that rate does go up, right? COMMISSIONER HILLER: No. MR. OCHS: No, the rate doesn't go up to the North Naples Fire District. They have incremental cost increase to provide that service is what I heard Chief Stolts say. But they will absorb that cost with a millage rate next year that apparently is going to be slightly lower than it was this year for that service district. COMMISSIONER FIALA: But then the 100,000 that you mentioned and then the other cost for equipment, that you said will go on every year, right, that they do not have right now. MR. OCHS: Sure. But it's like your countywide budget, ma'am. If you keep your millage rate the same and your taxable value increases, there's an incremental growth in revenue there that you can apply. And I think they're looking at that same thing. COMMISSIONER HILLER: And we're paying 360 every year for only one truck. That means the county money comes back and we can redeploy it. They're going to provide four. So four times the level of service, but their cost of providing that service is 100,000. Page 149 September 8, 2015 COMMISSIONER FIALA: He was talking about the revenue they'd get with the increased property value, so -- COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: -- that's what they're talking about? COMMISSIONER HILLER: Right. Which is what we're getting. COMMISSIONER FIALA: I wasn't getting all of that out of there. I just wanted to see how we can somehow protect the people who are concerned about their rates going up. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: The Board of County Commissioners directed to put extra manpower in the Corkscrew area. The Board has to change that. Is that a part of your recommendation, that the Board have a different direction, if approved? MR. OCHS: Yes, sir. I believe it is in your -- part of your recommendation. And that would be within 30 days of that affirmative action that we would terminate the interlocal agreement. COMMISSIONER HENNING: Okay, it's not up to you or your staff, it's up to the Board of Commissioners as a part of this recommendation. MR. OCHS: That's right. COMMISSIONER HENNING: Okay. COMMISSIONER HILLER: And the recommendation would be to redeploy the 360,000 back to EMS to be able to -- where would you like the 360 to go and your staff to go? CHIEF KOPKA: That's -- for the record, Chief Kopka. That would give us one additional paramedic firefighter each day and we would use that paramedic firefighter to fill current vacancies that we have on the schedule. COMMISSIONER HILLER: That would be great. So we would be able -- then that's what we should do, just redeploy that 360 and use Page 150 September 8, 2015 it in the manner in which you describe. And I'll modify my motion to make that an additional provision. COMMISSIONER FIALA: Did you get a second to your motion? COMMISSIONER HILLER: Commissioner -- CHAIRMAN NANCE: There's a second from Commissioner Henning. COMMISSIONER HILLER: -- Henning had seconded it. CHAIRMAN NANCE: Okay, we've had a lot of discussion. Anything more? COMMISSIONER HILLER: What do you want? COMMISSIONER HENNING: I'll vote with the -- I'm going to vote with the original motion. COMMISSIONER HILLER: Okay, then I won't amend my motion, I'll leave it as is and we can have a second motion on how to deal with the 360. CHAIRMAN NANCE: Okay, there's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed, like sign. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. I voted. CHAIRMAN NANCE: The motion fails 2-3? You voted in favor of the motion to approve or against? COMMISSIONER HENNING: Against. CHAIRMAN NANCE: I voted against. COMMISSIONER TAYLOR: I voted against. The motion fails 2-3. Page 151 September 8, 2015 COMMISSIONER TAYLOR: And let me tell you one of the overarching reasons I voted against this. I heard several weeks ago before we went on our break our County Manager saying that when he was brought into county government they were talking about consolidation. And that was, Leo, 26 years, 24 years? MR. OCHS: You're being kind, ma'am, 29. COMMISSIONER TAYLOR: Okay, okay. You know, the time is now. And how can we bifurcate EMS and talk about consolidation? COMMISSIONER HILLER: Well, I guess we should repeal the COPCNs for all the other districts. I mean, let's pull it from East Naples, let's pull it from the City of Naples. Let's start with the City of Naples. And let's start with Golden Gate. You know, I'm going to bring forward motions that we should pull the COPCNs across the board. How's that? Would you like that? COMMISSIONER FIALA: If there are any. CHAIRMAN NANCE: There aren't any. COMMISSIONER HILLER: Yeah, we do. I mean, are there any other COPCNs out there? We have no COPCNs? Oh, so we're circumventing the law and instead of awarding COPCNs we're creating interlocal agreements to do indirectly what you don't want to vote on directly because that's political. I don't believe that those interlocal agreements are even legal. COMMISSIONER HENNING: What's the next item? CHAIRMAN NANCE: Mr. Ochs. COMMISSIONER HILLER: The next life is on you. COMMISSIONER TAYLOR: I'd like to make a request. We've had some folks from the economic development departments and organizations here since the morning, and I've asked for four or five consecutive items to be moved from the consent agenda regarding this. Page 152 September 8, 2015 The reason I did this, and I'm losing my voice, I'm sorry, is I want to ensure Collier County that economic development is alive and well. CHAIRMAN NANCE: Let's do this. Let's take a 10-minute break for the court reporter again since we've been talking continuously on these agenda items. Let's come back at 3:26. COMMISSIONER TAYLOR: And then do the four -- CHAIRMAN NANCE: And then we'll try to do what we can. Thank you. MR. OCHS: Yes, sir. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Yes, sir, Mr. Ochs, let's see if we can start harvesting some grain. MR. OCHS: Yes, sir. Item #9A ORDINANCE 2015-48: AN ORDINANCE ESTABLISHING THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES — ADOPTED COMMISSIONER FIALA: Mr. Chairman, we have a 9.A that should be so simple it should be in and out. Maybe you want to just handle that before we get into more of this meaty stuff? CHAIRMAN NANCE: Yeah, Mr. Yovanovich is probably having to shave repeatedly in the back room. COMMISSIONER FIALA: I didn't even know if he was still here. COMMISSIONER TAYLOR: Mr. Yovanovich is counting his cha-ching, cha-ching. Page 153 September 8, 2015 CHAIRMAN NANCE: I forgot, he's got that little mobile meter under his arm there, I see it. And then we'll address your concern, Commissioner Taylor. MR. OCHS: We're going to go to 9.A? CHAIRMAN NANCE: Let's try to check that one off the list. MR. OCHS: Yes, sir. That is a recommendation to consider adoption of an ordinance establishing the Winding Cypress Community Development District pursuant to Section 190.005, Florida Statute. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There's a motion and a second. Discussion? COMMISSIONER HENNING: Yeah, the infrastructure's not in yet? CHAIRMAN NANCE: Excuse me? COMMISSIONER HENNING: Winding Cypress, isn't that infrastructure in yet? Did you break ground over there? MR. YOVANOVICH: For the record, Rich Yovanovich. Phase I is in, but subsequent phases are not yet in. Which is not unusual for CDDs. Infrastructure will go in and it will be acquired by the CDD and then subsequent phases will be funded by the CDD. COMMISSIONER FIALA: And the first person living there gets to serve on the CDD, right? MR. YOVANOVICH: Once we have a person living there we have to elect somebody, because we can't force them to serve, but yes. COMMISSIONER FIALA: But it was written in the agreement anyway. MR. YOVANOVICH: Yes, ma'am. COMMISSIONER FIALA: I'm just reiterating. CHAIRMAN NANCE: Further comments? Page 154 September 8, 2015 (No response.) CHAIRMAN NANCE: There's a motion and a second to approve. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: Passes unanimously. Next, Mr. Ochs? MR. OCHS: Yes, sir, Commissioners. Commissioner Taylor had moved a series of agreements to extend our relationships with various economic development partners from the consent agenda. We have officers and directors representing those partners here, and I think I'll just turn it to Commissioner Taylor for her comments first and perhaps we could respond to those, ma'am. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I think Collier County has kind of gotten a one-two punch this summer with what's happened with the grant and the promise of economic development. But from what I've learned and from talking to staff and talking to the public that are involved, directly involved, we're, you know, alive and well and rising to the occasion. And so I actually deliberately pulled these, not that I had any questions, but that the public again would be clear on what we're doing and how we're doing it and what happens on September 15th when the grant money is no longer here. So I'm going to start I guess at the beginning. Page 155 September 8, 2015 Item #11H AN FY 2016 AGREEMENT BETWEEN THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC. ("PCFE") AND BOARD OF COUNTY COMMISSIONERS IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE PARTNERSHIP DESIGNED TO ADVANCE OUR COMMUNITY'S BUSINESS AND ECONOMIC DEVELOPMENT EFFORTS — APPROVED MR. OCHS: Yes, ma'am. The first item that was moved is Item 11.H, and that's a recommendation to approve the FY 2016 agreement between the Partnership for Collier's Future Economy and the Board to continue the established public-private partnership for local economic development efforts. Again, that is a continuation of the services agreement between the Board and the Chamber of Commerce locally. There is no public funding associated with this agreement; it assigns certain responsibilities for economic development activities to the partnership. COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. MR. OCHS: And that's a funded program for next year. CHAIRMAN NANCE: Commissioner Taylor, any ques-- Commissioner Henning, would you like to speak, sir? COMMISSIONER HENNING: Not on this item. CHAIRMAN NANCE: Not on this item, okay. Questions, ma'am, for Mr. Register? COMMISSIONER FIALA: I'm still trying to find my notes. Excuse me. COMMISSIONER TAYLOR: No, it's fine on this. CHAIRMAN NANCE: None? Okay, there's a motion to Page 156 September 8, 2015 approve. Is there a second? COMMISSIONER TAYLOR: I think I seconded it. CHAIRMAN NANCE: You seconded it, okay. If there's no further discussion, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, that is passed unanimously. Commissioner Taylor you're next. Item 11.I, is that the next one, Mr. Ochs, in line? Item #11I A THIRD AMENDMENT TO THE AGREEMENT BETWEEN ECONOMIC INCUBATORS, INC., THE ADMINISTRATIVE ENTITY FOR THE BUSINESS ACCELERATOR PROJECT, AND THE BOARD OF COUNTY COMMISSIONERS — APPROVED MR. OCHS: Yes, sir, that is a third amendment to the current agreement with Economic Incubators. They are the administrative entity that operates your business accelerator program. And the Board -- and these were some changes to the scope of work, primarily the deliverable schedule, to reflect the wind down of the grant on September 15th as a result of the veto by the Governor to extend that funding into the state's next fiscal year. COMMISSIONER FIALA: Is that 16.F.6? Page 157 September 8, 2015 MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: Yes. MR. OCHS: It was. It's 11.I now. CHAIRMAN NANCE: It's 11.I. COMMISSIONER FIALA: I know. On the form though it says both 11.1 and 11.I. So I just wanted to clarify. CHAIRMAN NANCE: Mr. Register, you feel like you've adjusted appropriately, sir? You're going to be able to weather the storm until we see if we can get some recurring funding going on? MR. REGISTER: Yes, sir. I believe that while that's an appropriate question, I think it fits more readily to the next agenda item which I believe would be the continuation of the agreement with EII, which would be 11.J. This agenda item, as the County Manager pointed out, really provides some remedy to the changing environment created by the veto to help us terminate -- not terminate, but to wind down the agreement from the prior year. Because it had certain deliverables that included some hiring and some activities that would have included the Immokalee project. And with the veto that has -- for this fiscal contract was made lawful. And so that's what this is cleaning up. CHAIRMAN NANCE: I'll make one comment about the circumstance. I had an opportunity to spend some time with Vice President Payne and Dean Nick Place this past week, early in the week and again late in the week because they had an extension conference at the Naples Beach Club Hotel. And I was very happy to welcome over 500 professionals, professors, faculty members, staff and technicians from IFAS over there and talk a little bit about our support for them, their support for us, and I had a chance to visit with Dr. Payne. I will tell you that Dr. Payne, you know, is trying to deal with a request from the South Florida Ag. Council. He's trying to deal with a request from South Florida Research and Education Center within his Page 158 September 8, 2015 budget. And he's also trying to do what he can to work together with us. As you're well aware, the extension position of Robert Halman retiring was turned into a food -- a nutrition position in extension. And Dr. Payne had signaled that he was creating a special state level position in food science at Immokalee. I have since understood that there may be a little bit of wavering in whether that position is going to actually occur, because of his anxiety over the waiver. So I would tell you that I believe it is in the best interest of our economic development office, County Manager, Board of County Commissioners to discuss this issue, our support for IFAS, and I know you've got some elements in your legislative -- you know, that's not on this agenda, but our legislative priorities to try to nurture that environment and keep that position. That statewide position exists nowhere else in the 13 other research and education centers. It would be a first and a landmark position for Collier County if we can maintain it. My goal is to try to maintain that position. Because I believe if the University of Florida is supporting us, it helps us get the Governor to support us and vice versa. So I'll just throw that out right now. Commissioner Henning, did you buzz in? Your light just -- COMMISSIONER HENNING: I did on this one. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Mr. Register, I understand there needs to be changes because the grant changed. Do you anticipate any further -- any future changes to these agreements? MR. REGISTER: The -- this was an agreement between EII and Collier County to help administrate a state grant that expires in September. As part of that function it was deliverables that were required to install a facility in Immokalee. When the veto became evident, the ability to fulfill that agreement according to the Page 159 September 8, 2015 specifications without an extension became rather limited. COMMISSIONER HENNING: I understand all that. MR. REGISTER: So your question then more pointedly would be that this will not happen again in any changes? COMMISSIONER HENNING: No, no. Are you anticipating -- are you hearing any further changes to this program that will be on our future agenda? MR. REGISTER: You have an agreement to move forward with EII in the preceding fiscal year that's 11.J that we'll be talking about in just a moment. And I would expect that you'll see a robust legislative agenda that will help us -- COMMISSIONER HENNING: But as far as the agreements and their performance and things of that nature? The only reason I'm asking is it seems like ever since this was created it's kind of a moving target. It's not really stable. It's kind of like well, we forgot about this. COMMISSIONER HILLER: They didn't forget about anything. COMMISSIONER HENNING: So are we seeing any further changes to the agreement with the workforce housing officers and the executives of the people running the incubator? MR. REGISTER: I think that moving to the new agreement you'll see a very stable well respected board -- COMMISSIONER HENNING: Disagreement? MR. REGISTER: 11.J, which is the -- COMMISSIONER HENNING: Next one. MR. OCHS: Yes, sir, next one. MR. REGISTER: -- successor agreement of this should be providing some satisfaction to your concerns, Commissioner. COMMISSIONER HENNING: Thank you. CHAIRMAN NANCE: Everybody's lights are on. We're going to Commissioner Fiala, followed by Commissioner Taylor, and then back to Commissioner Hiller. Page 160 September 8, 2015 COMMISSIONER FIALA: You brought this concern up and so my question is more or less to you but to other Commissioners as well. Could we bring this need up at our -- to our legislative delegation? I think that would be important. And maybe when I go up to Tallahassee I can -- and you ought to come up with me to Tallahassee. Maybe not with me, but in -- CHAIRMAN NANCE: Ma'am, I'm looking forward to our workshop on the 10th. COMMISSIONER FIALA: Good. CHAIRMAN NANCE: And I will provide you with some advanced reading information,just so you can kind of get a flavor for it. And then I will do everything I can to bring you up to speed quickly, because I know you've got many things. But I'm really focused on this. I think it's important. I think we've got a chance to kind of pull the iron back out of the fire, you know. And that's what I'm trying to do, I'm trying to just keep the ball in the air right now until we can get back in the outfield. MR. REGISTER: Commissioners, if I could add, today sitting in the boardroom with us because they understand how important this is, a lot of the partners that will be helpful and part of the process, that we look forward to working with the legislative lobbying effort of the county and working with the local legislative delegation and the University of Florida's Ag. Council. These folks are here because they have a vested interest and they believe in this project and they are very concerned about us moving forward and finding the success that this original promise had provided. CHAIRMAN NANCE: Yes, sir. This holiday's kind of had us a little bit mucked up, Mr. Register. I would appreciate about an hour at your earliest convenience with Mr. Goodman tomorrow if possible to talk a little bit about where you are so you can background me a little Page 161 September 8, 2015 bit and I can tell you the latest and greatest since last week, because it's been kind of-- you know, it's been back-to-back-to-back. MR. REGISTER: I would be delighted. CHAIRMAN NANCE: Thank you, sir. Commissioner Taylor, then Commissioner Hiller. COMMISSIONER TAYLOR: I need to understand what happens with the performance -- the agreements in the grant that we only receive partial receipt of. What happens to all those stipulations within it? MR. REGISTER: That is the premise for your consideration in 11.1. COMMISSIONER TAYLOR: Okay. MR. REGISTER: If you'll look in the agreement, it's been marked up to show the changes. And they're very specifically -- in the last two quarters for performance it discusses and points out that one staff member of FTE was reduced because there was no need to hire new staff when we didn't have continuation funding. That was due to the veto. We also needed to focus on making certain that we were not moving forward with the exact plan for the eastern Collier accelerator, which is commonly known as the Immokalee project. And we had to make certain that the continuation budget of personnel was commiserate with what we had already planned and previously had approved by this Board. And so by adopting 11.I we are reconciling this -- these performance requirements of the past fiscal year for EII with the reality of the situation as we move forward. And our next step will be to ask your consideration of a successor agreement moving forward past September 15th with EII that we had a little bit of discussion before your break. And I'd be happy to go over those details with you at that point. Page 162 September 8, 2015 COMMISSIONER TAYLOR: Okay. All right. CHAIRMAN NANCE: Are you satisfied, Commissioner Taylor? COMMISSIONER TAYLOR: Yes, I am. CHAIRMAN NANCE: Would you like to make a motion, ma'am? COMMISSIONER TAYLOR: Make a motion to approve. CHAIRMAN NANCE: I will second it. Any further discussion -- oh, I'm sorry, Commissioner Hiller. So sorry. COMMISSIONER HILLER: With respect to Commissioner Henning's statement about will there be any future changes, I would certainly hope so. This project has been very successful and has been on a projectory which can only be described as upwards and positive. So when you have a new project that is going through growth in a positive way, you would hope that agreements will be modified to continue to make it as successful as it has been. So, you know, what's happened to us with the legislature can happen. Whenever you get grant funding it's always subject to appropriation. We will work hard to lobby. And, you know, if we have to, lobby incrementally which means, you know, let's start by funding the west and then, you know, secondly funding the east, that's what we'll do. You know, piecemeal is not bad either. But this is a very successful project, and I think everybody on the team, both in the public and in the private sector have worked in a really exemplary fashion to make it what I think will become a standard bearer project for the rest of the state. It wouldn't surprise me that this accelerator model will be duplicated in other communities matching everything we have done, because it has proven to be so good. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HILLER: And I'd like to second the motion Page 163 September 8, 2015 after Commissioner Henning asks to call the vote. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: I think there's a motion and a second on the floor. CHAIRMAN NANCE: Yeah, I seconded it already, Commissioner. COMMISSIONER HILLER: Oh, did you? Forgive me -- CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER HILLER: I apologize, I didn't hear it. CHAIRMAN NANCE: No worries. Yes, Commissioner Henning, please. COMMISSIONER HENNING: Yeah, let's vote. COMMISSIONER HILLER: Call the question. CHAIRMAN NANCE: No further comments? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right it's unanimous. Commissioner Taylor, 11.J. COMMISSIONER TAYLOR: Okay. This is when I guess the -- and I believe that's 16.F.7; isn't that correct? CHAIRMAN NANCE: Yes, ma'am. Item #11J Page 164 September 8, 2015 A SUCCESSOR AGREEMENT BETWEEN ECONOMIC INCUBATORS, INC., THE ADMINISTRATIVE ENTITY FOR THE BUSINESS ACCELERATOR PROJECT, AND THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2016 AND APPROVE NECESSARY BUDGET AMENDMENTS — APPROVED COMMISSIONER TAYLOR: Okay. So here we go with the money and the new organization. So Mr. Register? MR. REGISTER: Commissioner, we had a serious discussion July 7th when it became apparent that there was a crossroads to determine whether we proceeded and moved forward as a result of the Governor's veto. At that time we put together a proposal that anticipated an expenditure from the county for 2016, fiscal year, $589,500 to fund the program moving forward to the end of fiscal year '16. So what we have done is integrated that into a new agreement with our partner, Economic Incubators, Inc., in an effort to move this project forward in a deliberate fashion, accommodating the growth we anticipate. And we're moving forward with a -- the continued expansion of the physical parameters of the location. And we've also focused on making certain that there was adequate anticipation of business income as well as private sector donations, which are integrated into this agreement. It does provide us the latitude to monitor and closely partner with this project and continue in our fiscal agent role. And EII will continue as the administrative entity. And I can tell you that with the emergence and transition of the advisory committee that was formed and would like to take a moment to congratulate the workforce board for their courageous efforts to help us launch this, and so we're seeing this as a representation and a step for an orderly transition into that to be 501c3 Page 165 September 8, 2015 entity that we had envisioned at the inception of this project. So I want to ask for your consideration of adopting this agreement. It has an austere annual budget that's comprising county funding to be used in the primary sense as the expenditures occur. But more importantly, the private sector donations, as well as the business income will become the driving force for this operation and it will become self-sustaining in the future years as we move forward. COMMISSIONER HILLER: Motion to approve. CHAIRMAN NANCE: There is a motion to approve. Is there a second? (No response.) CHAIRMAN NANCE: I'll second it. Any further discussion? Commissioner Taylor, then Commissioner Fiala. COMMISSIONER TAYLOR: Okay, so the amount -- the county provides $589,500 for the reimbursement/payment of acceleration project. And then the EII reimbursement is 484. That means that comes back to us? How does that -- that's -- I'm a little confused by that. MR. REGISTER: Commissioner, $484,000 is set aside for this contract to be provided in a reimbursement fashion to EII as they make their expenditures. We anticipate because of the arrangement we made to lease -- for the leasehold interest in the facility that they will be moving into, the expanded building and room they need for their growth is a direct pay from the county, because we acted on behalf of the project to -- directly with the landlord, and subleased it to EII. So we'll be making direct pay on the lease for the time being. And the 484 will be continuing to be a direct reimbursement, as most other county contracts are. COMMISSIONER TAYLOR: From EII? MR. OCHS: To EII. Page 166 September 8, 2015 COMMISSIONER TAYLOR: Reimbursement to EII to pay for the -- MR. OCHS: The employees that staff the facility, the equipment, furnishings, services, et cetera. COMMISSIONER TAYLOR: And that's on an annual basis? MR. OCHS: Yes, ma'am. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, just a question. I know I saw it someplace, I've been looking through my book here, that you had some expenses now for furniture and so forth. Was that on this contract as well? You had custom made furniture. And then through EII, because they didn't have a 501c3, we had to pay $20,000 extra in taxes, right? Sales tax? MR. REGISTER: Commissioner, we anticipate that we will be able to capture state funds to pay for the materials, including the furnishings and the modular furnishings that will become an asset of this project. It can move forward -- if this relocates to a different facility, that asset, those modular walls and modular furniture are a part of this project now. They move with it. We anticipate being able to capture the cost of at least the materials from the state and we are -- as we speak, they're installing this furniture. And if we can coax our vendor to finish before the 15th, and we've been successful to this point, we will be able to extract the installation costs from the state as well. But we had anticipated -- we had no certain knowledge of this when we brought the July 7th decision to you to move forward or not to move forward. So anticipating the worst, hopefully expecting the best but anticipating the worst, we had carved out some funding that would have enabled us to incrementally muddle through with perhaps a different strategy on the furniture. But once we approved your Page 167 September 8, 2015 direction on the 7th, the state was forthcoming and provided us assurance that they would indeed pay for the materials of the furnishings as long as we invoiced and acquired those before the 15th, and they would pay for the install if that occurred before the 15th. So we are crossing our fingers and hoping for the sake of this project that our vendor can finish that install on the 15th. I would be delighted to take whoever would care to go see that this week and see the progress. We're very excited about what's happening there. COMMISSIONER FIALA: How much did that furniture cost us? Would you please let me know? MR. REGISTER: I think it's in the -- including the install, it was roughly $330,000, if I'm not mistaken. Is that correct? Roughly? COMMISSIONER FIALA: $330,000 for furniture. COMMISSIONER HILLER: And that's for 10,000 square feet? MR. REGISTER: 10,000 square feet. COMMISSIONER HILLER: Was there a sales tax on that or not? MR. REGISTER: And I apologize, I didn't fully answer your question. Anticipating that EII would have had their 501c3 by this point led us to believe that we would not have incurred the sales tax for that. But that has not happened at this point, so we've discovered that the sales tax will be -- unless we can determine a method of exempting this project from the sales tax, we will have to find an appropriate revenue source to pay for that funding. But as you all know, sometimes the cost of business can be concerning. COMMISSIONER FIALA: I remembered somewhere that we were going to use furniture, and it didn't say secondhand, but it said something about -- MR. REGISTER: I believe the term was donated furniture. COMMISSIONER FIALA: Okay. Page 168 September 8, 2015 MR. REGISTER: And that was prior to our knowledge of the Board's decision on the 7th, July 7th, and the subsequent decision by the State and the Department of Division of Financial Services that they would indeed provide us the certified forward period, that's the term that the State uses, a certified forward period, and they acknowledged in writing that they would provide us that support for the financial cost of the furnishings and install, as long as it occurred by the 15th. But we did not know that before we brought that to your attention and asked for your direction. So we had to move forward with the best information that we had. COMMISSIONER FIALA: And this is for the incubator? COMMISSIONER HILLER: Accelerator. MR. OCHS: Yes, ma'am, for the accelerator. COMMISSIONER FIALA: At the Kraft building? MR. OCHS: At the Kraft center, yes, the new space that's being completed right now. COMMISSIONER FIALA: This is like to teach people how to run a business or something? Do they pay for that, or is there any income coming from that? MR. OCHS: Yes, ma'am. MR. REGISTER: Yes, ma'am. CHAIRMAN NANCE: Commission -- COMMISSIONER FIALA: Could you tell me where it is? MR. REGISTER: The anticipated projected income is going to be $115,200. $115,200. COMMISSIONER HENNING: $118,573. That's what you said in the January meeting -- or July meeting. CHAIRMAN NANCE: Okay, I think we're at Commissioner Hiller, then Commissioner Taylor, then back to Commissioner Henning. Is that right? I think. COMMISSIONER HILLER: The furniture will be owned by the Page 169 September 8, 2015 non-profit. And in the event that the business ceases to exist, it reverts back to the county. MR. REGISTER: That's correct. COMMISSIONER HILLER: And this furniture -- MR. REGISTER: Actually, Commissioner, if you would allow, it would have first right of refusal at the State level. COMMISSIONER HILLER: Right, okay. So first right of refusal at the State level and then otherwise it flows back to the county. And with respect to those furnishings that will be used in 10,000 square feet, what's the -- how many people are anticipated to fill that 10,000 square foot space? How many, you know, when you add up all the businesses and staff, do we know what the total number expected to be will rise to? MR. REGISTER: You know, I'm going to answer with what I do know. And I believe that we've anticipated 20 to 30 companies. But I'll also turn to -- COMMISSIONER HILLER: 20 to 30 companies at one time? MR. REGISTER: I believe so. COMMISSIONER HILLER: And how many individuals approximately per company housed? MR. OCHS: Identify yourself for the record. MR. GOODMAN: Marshal Goodman, Director of Naples Accelerator. I would foresee about 40 to 60. You know one of the companies, Commissioner. COMMISSIONER HILLER: 40 to 60 -- MR. GOODMAN: Individuals. COMMISSIONER HILLER: -- individuals. MR. GOODMAN: 20, 30 companies. We have some very dynamic companies, one which you're aware of. Fit Nation. COMMISSIONER HILLER: Yeah. Well, I know we have a lot Page 170 September 8, 2015 of companies. I'm not talking about today and I know that, you know, we're on a trajectory to bring in more. But I'm just curious, at build-out for that space what we anticipate the number of users of that space to be when it's fully occupied. How many people will be housed in the 10,000 square feet, including staff? MR. GOODMAN: Approximately, I'd say on a daily basis, about 40. COMMISSIONER HILLER: 40 people? MR. GOODMAN: Yeah. But we have a lot of visitors that are visiting those companies, so there's typically tremendous activity. So about 40 to 60 individuals coming and going. It's dynamic space so it's hard to answer -- COMMISSIONER HILLER: No, I understand. And we had visited the same model up in Boston which this was modeled after. And yes, I do understand that it's a very dynamic space. I just wanted to have an idea of what the permanent population would be once we had as many companies as we, you know, hoped to bring in-house. MR. GOODMAN: Absolutely. About 40. COMMISSIONER HILLER: Okay. And as far as the sales tax goes, so because the furniture was bought in the name of the non-profit before it was awarded its non- profit status, it didn't have the tax exempt status? MR. REGISTER: That's correct. COMMISSIONER HILLER: And the county couldn't have brought it and then -- MR. REGISTER: We're going to be investigating all the alternatives. COMMISSIONER HILLER: Because we're tax except so we could actually make the acquisition and save the funding and then donate the goods to -- donate the furniture to the non-profit. Because again, there's a reverter. If the non-profit doesn't exist, I Page 171 September 8, 2015 mean, it goes like you said, first to the State or to us. MR. OCHS: We can explore that. MR. REGISTER: We can take a look into that. But I believe there might be some timing and procurement issues involved. But we will look into that. Every possible remedy, let me put it that way. COMMISSIONER TAYLOR: And this money that's coming from the State, the final payment covering all of this, it's not -- it's a grant, it's not a loan? MR. REGISTER: That's correct. COMMISSIONER TAYLOR: Okay. COMMISSIONER FIALA: It's definitely coming. CHAIRMAN NANCE: Commissioner Taylor, please continue. COMMISSIONER TAYLOR: That's it, that's all I have. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: July 7th meeting the Workforce Development Board brought together their budget. And in that it said they were going to spend some monies for a printer, I think, or a copier or something like that. And now the budget is changing? That's going to have to come back to the Board of Commissioners; is that correct? MR. OCHS: No, sir, the budget that the Board approved for this project on July 7th is the same budget that's projected in this agreement going forward for 2016. COMMISSIONER HENNING: In this agreement, okay. MR. OCHS: Yes, sir. COMMISSIONER HENNING: So why are we talking about furniture? I mean, it's not even on the agenda, right? MR. OCHS: No, there was a question that came up -- COMMISSIONER FIALA: It was me that brought it up. And I had noticed that the furniture was there. But I saw another paper. I'm sorry I didn't -- and that's what I was looking for. So I asked him, but then he was the one that pointed out that part of that $484,000 is the Page 172 September 8, 2015 furniture which is $330,000, and then the sales tax is $20,000. And I -- and you said instead of using the donated furniture, the State said they'd pay for it so you bought it; is that it, or -- MR. REGISTER: In essence, yes. COMMISSIONER FIALA: Wonder if the State doesn't come by like they just took away part of your money before, now you have to reduce the services that you can give. I wonder if they don't pay for that, then what happens? Who pays for that? MR. REGISTER: There's an underlying agreement that is fully aligned with September 15th is the cut-off dates. We followed the basic premise of the original agreement. We were just making certain to protect the fiduciary responsibility that we wanted to be sure that the State had considered all the circumstances, and so we clarified that after July 7th in writing, and we have that for your review, if you care, before we made the decision to move forward with the new furniture. And as I said, we're hopeful that with the install, with some luck and good faith of our vendor, we'll have that installed by the 15th and we can claim that full amount from the State. CHAIRMAN NANCE: And basically that represents the last expenditures of the grant that we were able to -- MR. REGISTER: Correct. CHAIRMAN NANCE: -- take advantage of. So it just happened to be furniture. MR. REGISTER: Correct. CHAIRMAN NANCE: Okay, any other comments? (No response.) CHAIRMAN NANCE: Is there -- there's a motion and a second on the floor to approve the successor agreement. Is there any further conversation? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify Page 173 September 8, 2015 by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Commission Fiala -- it's 4-1 with Commissioner Fiala in dissent. Item #11K FISCAL YEAR 2016 AGREEMENT BETWEEN SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC. AND THE BOARD OF COUNTY COMMISSIONERS — APPROVED MR. OCHS: Commissioners, the last item that Commissioner Taylor asked to be moved was a recommendation to approve the fiscal 2016 agreement between Southwest Florida Economic Development Alliance and the Board of County Commissioners. This would be the second year of a continued partnership with the Alliance funded at the same $100,000 level that the Board funded the current year's agreement with. COMMISSIONER TAYLOR: Move approval. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There's a motion and a second for approval. Discussion? Commissioner Fiala? COMMISSIONER FIALA: Yes, would it be possible for you to give us a report, a success report on what companies you've already Page 174 September 8, 2015 brought to this area? You've been in business what, two and a half years or three years, somewhere right in that area. I'd love to know what businesses you've brought into the area, which is what you're all about anyway. And in the accelerator program, what have they accomplished, what -- it would be interesting to see that. I think it would give me a lot more confidence to see that you're moving forward if I saw a report or anything. Not just expenses but a report as to accomplishments. COMMISSIONER HILLER: On the Southwest Florida Regional Alliance? COMMISSIONER FIALA: Huh? COMMISSIONER HILLER: We're on the Southwest Florida Regional -- COMMISSIONER FIALA: No, I'm still talking about this thing. I'm just talking about reports from the Economic Development Council. COMMISSIONER HILLER: What item are we on? Because I thought we were on 11.K. CHAIRMAN NANCE: We're on 11.K. COMMISSIONER FIALA: Yeah, but I'm still back on the other subject. I meant to ask him that before, and so I'm just asking that maybe within the next month or so, you could give us a report so we can see. We're spending a lot of money and I'd like to see some results. MR. OCHS: Yes, ma'am, we'll bring that report to the Board. COMMISSIONER FIALA: To economic development -- CHAIRMAN NANCE: Back to the fiscal year 2016 agreement between Southwest Florida Economic Development Alliance, Inc. and the Board. COMMISSIONER HILLER: Motion to approve. CHAIRMAN NANCE: There's a motion and a second. Page 175 September 8, 2015 COMMISSIONER HENNING: There is. CHAIRMAN NANCE: Sir? COMMISSIONER HENNING: Yeah, there is. CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. Any opposed? (No response.) CHAIRMAN NANCE: All right, thank you very much. That is unanimous. MR. OCHS: Thank you, Commissioners. Item #11D SCOPE OF WORK AND AN OUT-OF-CYCLE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR IMPROVEMENTS TO CLAM PASS BEACH PARK FOR FISCAL YEAR 2015/2016 IN THE TOTAL AMOUNT OF $1,160,000, TO AUTHORIZE NECESSARY BUDGET AMENDMENT AND TO MAKE THE FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — APPROVED That would take us, Mr. Chairman, back to Item 10 -- excuse me, 11.D on your agenda. That is a recommendation to approve a scope of work and an out of cycle Collier County Tourist Development Council category A grant application for improvements to the Clam Pass Beach Park for fiscal year 2015-2016. Page 176 September 8, 2015 COMMISSIONER HILLER: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion to approve and a second. Any comments? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: Commissioner Taylor and then we have some public speakers and I'd like to also make some comments. Commissioner Taylor, please, first. COMMISSIONER TAYLOR: I've asked Lee, my executive coordinator, to send you a letter that I sent to Growth Management regarding this project. When it came before the TDC, as you know, I'm chairman of the TDC, I questioned whether we could improve the parking lot rather than just paving it, if we could do something more. And the reason -- and then I sent a letter. But my concern was, and I spoke to Mr. Casalanguida about this, is that the budget for the parking lot did not change from the original I want it paved to what I was talking about. And I'm clearly -- I think it's going to be more money. So I guess basically I'm just asking my colleagues here if they come back with a change order because it's maybe more environmentally safe for an estuary and for the water quality and for stormwater management. I hope we have your consent and support on that. COMMISSIONER HENNING: I have a question. What did the rest of the TDC members think about that? COMMISSIONER TAYLOR: Well, basically it was unanimously and I was voting to go forward because I was told it would cost more money by the project manager at the time. But as I sat there and thought about it -- COMMISSIONER HENNING: So they approved it as it is? Page 177 September 8, 2015 COMMISSIONER TAYLOR: Yes. COMMISSIONER HENNING: You know what? Sometimes I'm on the losing end too. COMMISSIONER TAYLOR: No, it's not being on the losing end. It's just I thought we could look at other ideas. And I think that's what I'm asking for. COMMISSIONER HENNING: That's not on the agenda. The item on the agenda is to approve the TDC's recommendation and under Florida Statutes that is the body that that needs to go to. It was vetted through Parks and Recs advisory board. So, you know, it has to go back through that chain of command. COMMISSIONER TAYLOR: And I don't have a problem with that. COMMISSIONER HENNING: Okay. COMMISSIONER TAYLOR: I just want to air it. COMMISSIONER HENNING: Any future changes has to be -- COMMISSIONER TAYLOR: Properly. COMMISSIONER HENNING: -- properly aired and it has to be on our agenda. But that's not this agenda. COMMISSIONER TAYLOR: Right, right. But it's the idea that even when it was reported in the paper today, it talked about paving the parking lot. And that never was at least this Commissioner's intention. So I'm airing it now. I'm just -- COMMISSIONER HENNING: Is that what's on here, pave the parking lot? Pave the parking lot. MR. WILLIAMS: Barry Williams -- COMMISSIONER TAYLOR: He's just mean today. MR. WILLIAMS: -- Parks and Recs. We wanted to look at a couple things. And I think the one thing that The Conservancy offered to us was to look at water quality -- COMMISSIONER HENNING: They should have went to the Page 178 September 8, 2015 pay rep. They're always late. I mean, you know, they're always late to the table. MR. OCHS: Commissioners, you have the staff recommendation in front of you. CHAIRMAN NANCE: That's good. Commissioner, I'd say just work it up and bring it back. I mean, I'm -- COMMISSIONER TAYLOR: Okay, good, I'm just -- CHAIRMAN NANCE: -- depending on you all -- to me it's really a really good news item. COMMISSIONER FIALA: Yeah, and it's really needed. CHAIRMAN NANCE: Yeah. I think it's getting a lot of positive press. It's a great facility, I think they pared it back, and they answered all the problems. So Commissioner Henning, you have further remarks? COMMISSIONER HENNING: Yeah, don't put my name on the bathroom like you have the others. Put Commissioner Hiller's name on there, since it's in her district. And her cell phone number. MR. WILLIAMS: We won't do that either. CHAIRMAN NANCE: Oh, holy mackerel, let's not go there. Public speakers? MR. MILLER: Mr. Chairman, we have one registered speaker. Nicole Johnson. MS. JOHNSON: Good afternoon, Commissioners. Nicole Johnson, here on behalf of The Conservancy of Southwest Florida. And in looking at the project specifics in your executive summary, I -- the way that I read it, the resurfacing of the parking lot is going to include water quality improvements and upgrades in the design. So Barry can confirm that so that maybe that gets to your -- COMMISSIONER TAYLOR: But the budget didn't change, and that was the issue. MR. OCHS: Right. Page 179 September 8, 2015 MR. WILLIAMS: Commissioner, our recommendation going forward was that that dollar amount with the thought of resurfacing and, you know, with the suggestion of looking at possible ways to improve water quality. There are some expensive propositions to do that. And part of the process, we can look at those. But we hoped to be as efficient as we can with the dollars to make those improvements. That site is designed with water quality considered. So, you know, ways that we can improve that is kind of what we want to look at as we go out to bid and develop the scope. So hopefully that helps you a little. COMMISSIONER TAYLOR: Well, we'll look at it. MR. WILLIAMS: Yes, ma'am. MS. JOHNSON: Give me my time back. The Conservancy does believe that as the project scope has been discussed with staff that what you have before you is something that is environmentally supportable. We believe that environmentally it is consistent with protecting the very, very special and sensitive Clam Pass and Clam Bay system. And we also believe that this scope is something that the community is supportive of. Staff really went back to the starting line after they had direction from the Board to go back, to get community input and to bring something new forward. And they met with us and we very much appreciate that they incorporated our recommendations, but they also reached out to all stakeholders. So staff did a really, really very good job with this. The Conservancy will certainly offer our time and resources and expertise and ideas for water quality improvements for the parking lot. We believe that what is before you today is a good project. And again, thank you to staff for reaching out for working with us, for working with the community on this. Thank you. Page 180 September 8, 2015 CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Hank, is this your project? Don't put my name on the bathrooms, okay? All right, thanks. COMMISSIONER HILLER: If you want his number, just call me. For a good time. CHAIRMAN NANCE: All right, there's a motion and a second. Any additional discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes unanimously. Item #11E REQUEST FOR QUOTE #15-6511, "PUBLIC UTILITIES TERM LOAN," WITH BANK OF AMERICA, N.A. AS THE QUALIFIED FINANCIAL INSTITUTION TO PROVIDE A FIXED INTEREST RATE, NON-BANK QUALIFIED TERM LOAN, IN AN AMOUNT NOT TO EXCEED $18,000,000, TO PROVIDE PARTIAL REFUNDING OF COLLIER COUNTY WATER-SEWER DISTRICT'S WATER AND SEWER REVENUE BONDS, SERIES 2006, TO ACHIEVE DEBT SERVICE SAVINGS OF APPROXIMATELY $1.18 MILLION — APPROVED Page 181 September 8, 2015 MR. OCHS: Item 11.E is a recommendation to award a request for quote number 15-6511, that's the public utilities term loan, to Bank of America as the qualified financial institution to provide a fixed interest rate non-bank qualified term loan in an amount not to exceed $18 million -- COMMISSIONER HILLER: Motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: Thank you for saving the money. CHAIRMAN NANCE: Absolutely. We have a motion -- COMMISSIONER HILLER: And I hope the savings is that of the cost to originate the new loan. MR. BELLOWS: It is. COMMISSIONER HILLER: I'm just kidding. Thank you very much. CHAIRMAN NANCE: Two seconds, the tie from Commissioner Taylor and Fiala. Any comments? (No response.) CHAIRMAN NANCE: Great. Good news item. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you. Unanimous approval again. Page 182 September 8, 2015 Item #11F A REQUEST FROM THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC) FOR A ONETIME ASSESSMENT TO FUND A LOAN BALLOON PAYMENT FOR THE REAL PROPERTY AT THEIR HEADQUARTERS — MOTION TO DENY — APPROVED MR. OCHS: Commissioners, 11.F is a recommendation to consider a request from the Southwest Florida Regional Planning Council for a one-time assessment to fund a loan balloon payment for the real property at their headquarters. COMMISSIONER HILLER: Motion to deny. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion and a second. Any conversation? (No response.) CHAIRMAN NANCE: I'd just like to say a couple of things. I really had high hopes for the Southwest Florida Regional Planning Council. As you know, I've served as a member for the Board for quite some time. But I believe that there's a clear signal that the Governor's not going to support these regional planning councils anymore, and I think that message is going to be heard from other counties. I don't know, Mr. Ochs, do you hear any determination from any of your colleagues in other counties? MR. OCHS: Yes, sir, I have calls in to them. I did speak with Mr. Desjarlais who is my counterpart in Lee County who advised that the Lee County Board took this matter up last week and voted not to participate in this funding request. So that's one of the larger contributors, along with us and Sarasota. I haven't had calls back from Page 183 September 8, 2015 the other managers yet. CHAIRMAN NANCE: I am a believer in regional planning and thinking. I hope something will come forward, but I think maybe perhaps this entity has run its course, so I can support the motion. Any other comments? COMMISSIONER HENNING: Sell the building. COMMISSIONER TAYLOR: Well, the problem -- CHAIRMAN NANCE: I think it's a whole, sir. I think it's debt. Maybe not. COMMISSIONER TAYLOR: And when I learned from County Manager Ochs that Lee County turned it down -- CHAIRMAN NANCE: I think that's the end. COMMISSIONER TAYLOR: Yeah. CHAIRMAN NANCE: All right. COMMISSIONER HILLER: The end. CHAIRMAN NANCE: There's a motion to deny. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, it's denied unanimously. Item #12A AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND ORDINANCE NO. 1975-16, AS AMENDED, BY Page 184 September 8, 2015 REVISING RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS — MOTION TO APPROVE WITH THE EXCEPTION OF CONTRACTS BEING RECONSIDERED — APPROVED MR. OCHS: Mr. Chairman and Commissioners, that takes us to Item 12.A, which was previously 16.K.9. This is a recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend the reconsideration of matters by the Board of County Commissioners. And this was brought forward on the agenda by Commissioner Henning. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I don't have a burning desire to have a discussion on this item that I pulled off the agenda like I did the last one I pulled off the agenda. Really simple. I think the only thing that we need to change on the reconsideration is the contracts cannot be reconsidered. There are some other items, and you may get some new information that you might want to reconsider. Okay? CHAIRMAN NANCE: That's a motion, sir? COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: I'll second it. COMMISSIONER HENNING: That's a direction to the County Attorney. COMMISSIONER TAYLOR: So you're talking about maintaining the original time frame -- COMMISSIONER HENNING: Yeah. COMMISSIONER TAYLOR: -- on anything, but never to reconsider a contract? COMMISSIONER HENNING: Right. That was the law. I mean, I don't understand never -- I still don't understand contract law Page 185 September 8, 2015 unless it's in the Florida statutes. I mean -- so anyways. CHAIRMAN NANCE: Mr. Klatzkow? COMMISSIONER HENNING: I don't want to go down that road again. MR. KLATZKOW: Policy decision, I'd be happy to do that. CHAIRMAN NANCE: We've got a motion and a second to change only the elements that pertain to contracts. COMMISSIONER HILLER: Can I ask one question? Did the courts rule that government contracts can't be reconsidered? I mean, there are so many contracts that, you know, through statute allow for rescission or reconsideration like the Lemon Law with cars or, you know, Employment at Will, I mean, the oral contract for services, things like that. What exactly did the court rule? And I understand what's precipitating this, but I want to understand what exactly the ruling was. Did the court rule on our ordinance? MR. KLATZKOW: The oral arguments were that the court did not like our reconsideration one little bit and the written decision simply ignored the issue. COMMISSIONER HILLER: So the holding didn't include any discussion on the validity of the ordinance? MR. KLATZKOW: Correct. COMMISSIONER HILLER: Interesting. What was the holding -- the holding was -- MR. KLATZKOW: The trial court ruled in favor of Mr. Curry and the court of appeals simply affirmed. There was -- COMMISSIONER HILLER: No discussion. MR. KLATZKOW: There was no discussion on the reconsider-- it was ignored. COMMISSIONER HILLER: It was ignored. CHAIRMAN NANCE: Okay, Commissioner Fiala? Page 186 September 8, 2015 COMMISSIONER FIALA: So now that was because it was a long-term thing. But say for instance one of the concerns I had, and I spoke to Leo about this, if say for instance you finish the meeting and next week comes and here the newspapers are screaming about something or another about a company that did wrong, but that's still within the first two meetings. Could you reconsider then or -- according to the way it's written right now, it only goes to the end of the meeting. What happens if you discover something after the end of the meeting? But not six months in advance but -- or six months behind. CHAIRMAN NANCE: Ma'am, Commissioner Henning's motion was not to change anything but just to eliminate the reconsideration on contracts, to leave all the other reconsiderations exactly as you've enjoyed it in the past. Am I right, Commissioner? COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: And that's my second. COMMISSIONER FIALA: Yeah, I understand that. CHAIRMAN NANCE: So we just wouldn't be able to reconsider contracts. COMMISSIONER FIALA: Oh, okay. So -- CHAIRMAN NANCE: Everything else remains the same. COMMISSIONER FIALA: All right. Okay. I just want to make sure that whatever contracts we're talking about we're -- you know, because now we're talking about human being contracts, but then we're talking about contracts on what. You know, I just want to make sure that we -- COMMISSIONER HILLER: Well, what the motion is, is basically all contracts, whether it's -- COMMISSIONER FIALA: Every contract. COMMISSIONER HILLER: -- widgets or services, it doesn't Page 187 September 8, 2015 matter. COMMISSIONER FIALA: Even land use contracts. COMMISSIONER HENNING: Well, land use is a reconsideration process under a different part of the ordinance. COMMISSIONER FIALA: Yeah, because I remember reading in here, it said land use we would keep the same. But -- okay. I just want to -- I like to have everything clarified, like all the T's crossed and the I's dotted. Okay. CHAIRMAN NANCE: All right, there's a motion and a second as suggested by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed, like sign. (No response.) CHAIRMAN NANCE: That passes unanimously. COMMISSIONER HILLER: So County Attorney, what if we have a provision in a contract that says subject to revision within a two-week period and not have an ordinance, for example? MR. KLATZKOW: You could do that. The concern that I had was that you have many items that are going to be time sensitive and that puts an awful lot of pressure on staff to try to ensure that the executive summaries are clear, that this particular contract is time sensitive so the Board would waive the policy of whatever the reconsideration would be. Page 188 I September 8, 2015 COMMISSIONER HILLER: Well again, let's say we have a blanket provision that we put in all our contracts that say subject to, you know, rescission at the pleasure of the Board within a stipulated period and make it a standard provision. MR. KLATZKOW: You can do that, but you have many, many contracts that are time sensitive. They would have to be waived. COMMISSIONER HILLER: But there's no difference between a contract that's time sensitive and our ordinance that allows for reconsideration applying to those contracts. It's the same picture. Yeah, because, I mean, you have a time sensitive contract and we sit there and, you know, two weeks later we decide for some reason it doesn't work, or -- MR. KLATZKOW: Commissioner, most of your contracts have a 30-day termination for convenience clause anyway. And I think that's probably the measure to go to if you find that there's been some fraud involved or some -- COMMISSIONER HILLER: Then I think we should as a protective policy do that. And maybe you could bring something back that provides that every single contract will have a provision that states, you know, subject to termination at will for no cause within 30 days. MR. KLATZKOW: But most of them have that. COMMISSIONER HILLER: Well, let's not say most of them, let's make it a policy that all will. MR. KLATZKOW: But you can't because a lot of these contracts are negotiated and the vendor wouldn't want that. We strive to put the termination for convenience clause in there. You're not going to get them in all the agreements. COMMISSIONER HENNING: Yeah, you don't want it for the County Manager and County Attorney's contract, do you? CHAIRMAN NANCE: Well, maybe today. Page 189 September 8, 2015 MR. OCHS: Second. CHAIRMAN NANCE: Maybe today. COMMISSIONER HILLER: You can't speak to that because you have a conflict. MR. OCHS: Yes, ma'am. CHAIRMAN NANCE: This is the day to discuss it for sure. COMMISSIONER FIALA: And you wouldn't want to terminate it. COMMISSIONER HILLER: But then to the extent that you can, you should make sure that it's included in all these agreements. MR. KLATZKOW: And we do. COMMISSIONER HILLER: Okay. It's clearly important. Because it wasn't in those employment agreements. MR. KLATZKOW: That's because they had severance clauses. COMMISSIONER HILLER: Got it. CHAIRMAN NANCE: Mr. Ochs? Item #13A TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCE DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JULY 1 AND AUGUST 26, 2015 PURSUANT TO FLORIDA STATUTE 136.06 MR. OCHS: Mr. Chairman, your next item is Item 13.A. It was previously 16.J.4, moved to the regular agenda at Commissioner Fiala's request. This is a -- I will refer to it as a disbursement report for lack of a better description right now. Page 190 September 8, 2015 COMMISSIONER FIALA: You know, I don't have it right in front of me, but let me just go back and say all I was concerned with is I wanted to make sure that it also said in there that it's a matter of public purpose; we have voted on it and consider it a matter of public purpose. So that when we pay for it that that can never come back to haunt us. COMMISSIONER HENNING: Yeah, I agree. COMMISSIONER HILLER: I think -- can I speak? May I? CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. I think it's extremely important that the report prepared by the Clerk clearly state that he has pre-audited as required by law. And to that extent that he has insured that the monies are in the budget, that the procurement was done according to local or state law, and that the expenditure was made for a public purpose. And then Commissioner Fiala is correct, the next thing that should happen is that it should ask that the Board find that a valid public purpose was served and that we approve for payment. I have several concerns, and I'm very glad you brought this forward, Commissioner Fiala, because it appears that the Clerk is making payment ahead of the Board's approval that the expenditure serves a valid public purpose and that we approve it for payment. And ratification can only occur under limited circumstances and can't be used in the ordinary course of business in the manner in which the Clerk is using it. Which leads to my second concern and that is that the Clerk is making these payments ahead of Board approval electronically. And so essentially what has happened is the Clerk is not by statute allowed to sign the checks, he's merely to attest to the checks, according to I think it's 136. 1. And the Clerk has the Chair's signature stamp, which gives him the ability to make payments without the Board even Page 191 September 8, 2015 knowing it. Because he basically has his signature stamp and the Chair's signature stamp. And that's problematic. The bottom line is the Clerk should not be making any payments ahead of the Board approving the finding of a valid public purpose and saying he should disburse. COMMISSIONER FIALA: Well, I'm really talking about those checks that the County Manager would approve, right -- COMMISSIONER HILLER: That's what I'm talking about. COMMISSIONER FIALA: -- when we're not here. But we don't have an ability to approve it because we're not present. COMMISSIONER HILLER: Exactly. COMMISSIONER FIALA: So after the fact. And yes, I think the Clerk should not hold up those checks -- COMMISSIONER HILLER: Absolutely. COMMISSIONER FIALA: -- he should be paying them. But we just have to make sure that then we state it's a valid public purpose so it COMMISSIONER HILLER: Exactly. COMMISSIONER FIALA: -- can never come back to bite us. COMMISSIONER HILLER: And you're 100 percent right. And that's part two of what I wanted to address. The -- where ratification is allowed is exactly under the circumstances that you have described. You're absolutely correct. And that is where, you know, the County Manager through our ordinance, we have delegated that he review those expenditures in our absence, make a determination that they serve a valid public purpose so that the Clerk can go ahead and make payment and then we go ahead and we ratify his declaration. COMMISSIONER FIALA: Right. COMMISSIONER HILLER: And that's how it should happen. But I'm addressing all the -- you know, basically the whole story. Page 192 September 8, 2015 So you're absolutely correct. I'm just addressing the first part of the story which is where there is no ratification and yet he's making payment, where he shouldn't be, ahead of our approval. COMMISSIONER FIALA: I don't know anything about that. COMMISSIONER HILLER: Yeah, he is. He's making payments without our approval when it isn't, you know, an exigent circumstances like when we're away on break and things like that. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HILLER: So you're right, Commissioner Fiala. COMMISSIONER HENNING: Okay. Now, going to that item, it has nothing to do with what we went through. This is a statutory requirement that the Clerk puts us in the record, these expenditures. It has nothing to do with, Commissioner Fiala, what your concern is. Those valid public purposes was through contracts, Crystal, correct? MS. KINZEL: Correct. COMMISSIONER HENNING: And another thing, it has nothing to do with P-Cards or things of monetary expenditures below $50,000, the whole issue in the court, okay? COMMISSIONER HILLER: Yeah, what he's -- it is, it absolutely has everything to do with it. MS. KINZEL: Two separate reports. If I can clarify? COMMISSIONER HENNING: It's Florida Statutes 136.01(1), okay? And I'll read it to you, if you want me to. COMMISSIONER FIALA: You know, what I'm trying to do, Commissioner Henning, and I understand exactly what you're saying and I do agree. I just -- it's like almost -- COMMISSIONER HENNING: If you want to say these are valid public purpose again, you can. COMMISSIONER FIALA: Yeah, that's exactly what I want to do. I know it may be redundant, but I -- Page 193 September 8, 2015 COMMISSIONER HILLER: It's not redundant. MR. OCHS: It's not redundant. COMMISSIONER HILLER: It's not redundant. It's necessary. COMMISSIONER HENNING: Wait a minute. COMMISSIONER FIALA: I just feel that I would like it there because I think it's important. We've gotten to a point now where if we blink wrong we could go to court. And so like in an abundance of caution I'm just wanting to insert that just to make sure that it's there. COMMISSIONER HILLER: And the bottom line is Crystal just made a statement they're two separate reports. Over the summer, excuse me, Leo, were two reports issued or was only one report included in the minutes? MR. OCHS: Commissioner, there were two items filed under the miscellaneous correspondence in absentia by the Clerk for certain expenses below $50,000. COMMISSIONER HENNING: In this item? MR. OCHS: No, sir, separate items. This summer while you were gone. COMMISSIONER HENNING: But not this item that was pulled off the agenda. MR. OCHS: No, this item as I understand it, because there was nothing submitted during an absentia for expenditures above $50,000 that I approved on the agenda, unlike what we've done in past years. So I see that this report covers the period of July 1, which was actually before your break, until August 26th. And I believe they're -- I'll ask Ms. Kinzel, but I think these are expenditures above 50,000 or inclusive of-- MS. KINZEL: No, the things that are on the agenda for 13.A that Commissioner Fiala pulled, those are only to enter into the record of the Board according to Statute 136.06, which it has nothing to do with Page 194 September 8, 2015 the original approval, that's a different agenda item under the court criteria that we sent you in absentia. This is just once the check is cut to record into the minutes what the checks and ACH's were issued based on the things that the Board had already approved. Those did not come forward in absentia because they weren't required to make the payment only required -- we only required that you approve them on behalf of the Board and the Board subsequently ratifying. As you said, we didn't hold up those payments. But this is merely to enter into the record of the Board the disbursements that have actually been made, according to 136.06. COMMISSIONER FIALA: You know, I just thought this was ever so simple. I mean -- MR. OCHS: No, it's not. MS. KINZEL: It is. COMMISSIONER HILLER: Wait a second. COMMISSIONER FIALA: -- I'm not pointing a finger at anybody -- CHAIRMAN NANCE: Hold on a second. Is Commissioner Henning finished? Are you done, sir? COMMISSIONER HENNING: No, I -- CHAIRMAN NANCE: Because you had the floor and it kind of got away from you. COMMISSIONER HENNING: I want to read from the Florida Statutes. CHAIRMAN NANCE: Then we'll go to Commissioner Hiller. COMMISSIONER HILLER: So -- COMMISSIONER HENNING: No, then we will go to Commissioner Hiller. COMMISSIONER HILLER: Okay. COMMISSIONER HENNING: All right? 136.06, is draw funds from depositories, direct deposits, transfers Page 195 September 8, 2015 of funds. All monies drawn from deposit qualified under the provision of this chapter shall be upon the checks or warrants issued by the board or officers drawn in the same. The check or warrant both, as to the number and the amount persons whom draw -- and the purpose of the drawing shall be recorded in the minutes of the Board of Commissioners having ordered the same drawing (sic). That's why these are on the agenda. And if you look historically, that's why it's always been on the agenda. COMMISSIONER HILLER: It's not been always on the agenda, in the minutes. COMMISSIONER HENNING: Because Commissioner Fiala said that I just want to make sure that they're approved. And I said okay, if you want to make sure it's a valid public purpose again, because we've already done that, then I'm supportive of that. COMMISSIONER HILLER: Excuse me, can I ask? Can I speak? COMMISSIONER FIALA: That's all I wanted. CHAIRMAN NANCE: If Commissioner Henning is finished with his remarks, you are next. Are you done, Commissioner Henning? COMMISSIONER HENNING: Yeah, because this is going to be another hour item, so I just wanted to read what's on -- COMMISSIONER HILLER: Okay, so -- CHAIRMAN NANCE: Okay, Commissioner Hiller, now. COMMISSIONER HENNING: Do you need a break? Because this is going to be a while. COMMISSIONER HILLER: Leo, if I understand correctly, the Clerk putting this list of disbursements into the minutes was never done before. Is this the first time you've seen this or has this happened in the past? MR. OCHS: Ma'am, to my knowledge this is a newly formatted Page 196 September 8, 2015 report. I believe what the Board is used to seeing that the Clerk produced for every meeting was a disbursement report for a defined period of time. COMMISSIONER HILLER: Correct. MR. OCHS: And the action or the recommendation was that the Board found those expenditures to have served a valid public purpose and approved the release of those disbursements by the Clerk. COMMISSIONER HILLER: And where is -- MR. OCHS: You don't have that action item any longer is all I'm pointing out. COMMISSIONER HILLER: Right. And that's a problem. Because the bottom line is -- and that's the point that Commissioner Fiala is making. The Clerk has once again changed how he's doing business and now he has decided to follow 136.6 but drop the requirement of what I described earlier, and that's the point that I'm going to. And let me explain. The Clerk is required to pre-audit. He is required to show us proof of pre-audit so we can rely on that pre-audit in order to make a determination that the expenditure serves a valid public purpose and we approve it for payment. And based on 136.06 that Commissioner Henning just read, subsequent to that approval, once he makes a disbursement the list of disbursed checks goes into the minutes and records. What he is now suddenly doing is dropping one and substituting it with the other as if it satisfies what has been done up 'til now. And it doesn't. And that's why Commissioner Fiala is bringing up what she's bringing. The finding of a valid public purpose, we have to have the list of checks -- or the list of expenditures that have been pre-audited by the Clerk provided to us at our board meetings. And we have to find a valid public purpose by vote and we have to approve disbursement on Page 197 September 8, 2015 those expenditures that have been pre-audited where we find a valid public purpose. Then he disburses. Then he produces this disbursement report that goes into the minutes and records according to 136.06. What is happening now basically drops everything that precedes -- what should precede the entry of this disbursement report in the record. CHAIRMAN NANCE: It's very simple, ma'am. And let me make one comment. Very simple. Here's what we need to do. I believe that what we need to do is the Board of County Commissioners, when we approve things, we need to follow the purchasing ordinance that we've adopted. COMMISSIONER HILLER: Correct. So does the Clerk. CHAIRMAN NANCE: So it's very simple. What we need to do is we need to go through on a recurring agenda item that is on a repeating schedule, we need to have an agenda item that approves all those items that have been submitted for payment by staff, pre-audited by the Clerk and serve a valid public purpose. And I'm not going to worry. If the Clerk wants to go outside those lines I think the risk is his alone, I think it's not ours. Because if our staff says it's ready and he's pre-audited and he says it's ready, I'm not going to worry about it any further. COMMISSIONER HILLER: We need him to attest to us that he has pre-audited. MS. KINZEL: Commissioner Nance, could I interject? You have approved that on your agenda this morning under consent. The correspondence is as it has been entered to the Board at every meeting in absentia. This is your first meeting since. It has gone directly to you with the entire list of things to be approved and it's item 16.I.1 under your correspondence. You were provided with all of the expenditures; exactly what you're discussing that you should be Page 198 September 8, 2015 provided. COMMISSIONER HILLER: 16.I.1? MS. KINZEL: Yes. COMMISSIONER FIALA: You know what, this is my subject, so let me just say -- CHAIRMAN NANCE: Go back to Commissioner Fiala. You have the floor ma'am, go ahead. COMMISSIONER FIALA: Thank you. I said to Leo, I said, you know what, this doesn't say declare a valid public purpose. He says, well, it doesn't really need to. I said, but I would feel that that would be a good idea. So then I called Crystal and I said Crystal, I think this needs to say serves a valid public purpose. She says, it's already been done, that's the way it comes to you, it's already done. And I said, but I want to say it again, because I get a little bit nervous anymore about anything that might be omitted. And Crystal said okay. I said, is it a problem? No, not at all. So that's why I brought it. I thought we would say okay, here we go and we're done. And then all of a sudden this comes up on the screen. I don't know where that came from. But if Crystal agreed that it wasn't a problem, Leo agreed that it wasn't a problem and I certainly didn't want to make it a problem at the end of the meeting myself. COMMISSIONER TAYLOR: I'd like to make a motion -- MR. OCHS: Commissioner, if I might? CHAIRMAN NANCE: Sir, go ahead. COMMISSIONER HILLER: This is a very significant issue. CHAIRMAN NANCE: Mr. Ochs? MR. OCHS: The miscellaneous correspondence, if it's consistent with the ones I received this summer, were a transmittal letter from the Clerk's payable staff to the Clerk's minutes and records staff referencing attachments that were spreadsheets of expenditures. Page 199 September 8, 2015 COMMISSIONER HILLER: That had been paid? MR. OCHS: Yes. So neither of these, though, provide as they have in the past the action item for the Board for their purchasing policy to declare that these expenditures prior to payment is what your ordinance says -- COMMISSIONER HILLER: Correct. MR. OCHS: -- that the Board declare that they serve a valid public purpose and that they're authorized for disbursement. COMMISSIONER HILLER: And it doesn't -- MR. OCHS: That's all I'm pointing out. If the new format works for everybody -- COMMISSIONER HILLER: No, it doesn't. MR. OCHS: -- fine. COMMISSIONER HILLER: Because it also doesn't tell us that these expenditures have been pre-audited. This is a post-disbursement report filed in the minutes and records pursuant to statute. And the statute provides that this is a report that is supposed to be filed after the disbursement is made. What is now missing is that report that ought to come to us that says these disbursements have been pre-audited and are ready for your determination, Board, that these expenditures serve a valid public purpose and you approve them for payment. There are two steps. And this is -- and we can't say -- we can't say and it approves a valid public purpose because we don't know that these expenditures have even come to us. You know, what it should say, it should be -- what it should say is to record in the minutes of the Board of County Commissioners those disbursements that have been made by the Clerk on behalf of the Board which the Board approved on X date as serving a valid purpose and approved for payment. And then it ties it in. And then we have one report, here's all the pre-audit expenditures and then he goes ahead Page 200 September 8, 2015 and makes payment and then he gives us proof that he paid it, which is part two. And what we're missing is the first part. MS. KINZEL: No, actually, Commissioner Hiller, the letter that was submitted to you that you did vote on in the consent agenda this morning reads specifically: Attached are the special interim reports as provided for in Section 2.0 of the agreed upon order dated July 16th, 2015 by Judge James R. Shenko. Please place these reports, this correspondence, in the miscellaneous correspondence section of the next in absentia meeting or agenda of the Board of County Commissioners. If you have any questions, please let us know. So these were according to the stipulated order which said the Clerk would pre-audit and then we would provide you with that list up front for approval. That is what is on Item 16.I, that is what you approved this morning. Those items will now be paid and that disbursement report will come back to you as an item on J under statute 136.06. COMMISSIONER HILLER: Which you -- MS. KINZEL: Both steps have been completed and satisfied according to the court order. COMMISSIONER HILLER: Okay, but both steps have to be completed prospectively. And we can't now just have this disbursement report that comes in after the fact. We need a list that comes from you first that shows us that you have pre-audited the expenditures, that you have tested that the funding is in the budget, that you've tested that the expenditure is made according to local or state law and that you have tested that the expenditure was for a public purpose. MS. KINZEL: Commissioner, that is exactly what you have gotten. You were not here in August. The County Manager in your absence had the authority to do that. He did that. You have ratified his actions today -- Page 201 September 8, 2015 COMMISSIONER HILLER: Did you, County Manager? MS. KINZEL: The agreement was that we would pay based upon that ratification. COMMISSIONER HILLER: County Manager? MS. KINZEL: You have received those items and now these are the disbursements that are the disbursements that were issued accordingly. COMMISSIONER HILLER: County Manager? MS. KINZEL: I apologize, it was very simple, Commissioner Fiala. And yes -- COMMISSIONER HILLER: County Manager? MS. KINZEL: -- that again. COMMISSIONER HILLER: County Manager, did you receive -- did you approve these expenditures on our behalf ahead of disbursement at the request of the Clerk? MR. OCHS: Yes, I approved them in accordance with the agreed order of the Court and your in absentia resolution. That is not my point. My point is if you look at the agreed order, and I'll put it up on the visualizer, Ms. Kinzel's correct in part, of the requirement for the pre-auditing. But when you look at -- these go in sequential order, 2.A, B, C and D. Letter D reads that after the Clerk does his pre-audit the Board approves the expenditures and finds a valid public purpose. All I'm saying is in the documents in your agenda where you used to have an opportunity to make that declaration via the Clerk's disbursement report, it no longer appears in that format. COMMISSIONER HILLER: It has to appear in that format. MS. KINZEL: But Leo, the memorandum specifically references in compliance with this order. You've just read the order which has those items incorporated which in the correspondence tells you those items are in compliance with the court order A, B, C. So you have in Page 202 September 8, 2015 fact been given that information. COMMISSIONER FIALA: But it doesn't hurt anything to write it again? MS. KINZEL: No, it does not. COMMISSIONER FIALA: That's what I'm saying, why not just -- you know, in an abundance of caution. MR. OCHS: Again, if I might make the point. You have a lawfully enacted purchasing ordinance and it requires that before an expenditure is released for payment you have to do two things: You have to declare that it serves a valid public purpose and you have to authorize the Clerk to disburse that payment. COMMISSIONER HILLER: But is it true or is it not true, is the Clerk making payments ahead of our authorization? COMMISSIONER FIALA: That's not part of-- COMMISSIONER HILLER: But I just want to know. Is the Clerk -- MR. OCHS: My understanding is yes, that certain payments are made prior to your authorization. COMMISSIONER HILLER: Well, that has to stop. MS. KINZEL: And Commissioners, that's incorrect. I'll be glad to get with the County Manager. If he has examples, I can ratify those. If the Board has previously approved contracts, previously approved those payments in accordance with those contracts, that's the Board's approval for those items. MR. OCHS: That's a new interpretation. MS. KINZEL: Those new items that come forward -- COMMISSIONER HILLER: No, that's completely incorrect, Crystal. MS. KINZEL: It's always been -- COMMISSIONER HILLER: It absolutely isn't. You don't -- it has to come to us. Page 203 September 8, 2015 MS. KINZEL: It has. COMMISSIONER HILLER: No, it hasn't. Our pre-approving a contract does not give you the right to make payment on it. We have no idea that you have completed your audit. We are the only ones that will make the determination that the expenditure actually serves a valid public purpose. MS. KINZEL: So Commissioner, are you saying that you're approving contractual agreements that do not serve a valid public purpose? COMMISSIONER HILLER: No. MS. KINZEL: On what basis are you originally approving them? COMMISSIONER HILLER: We need to make sure that the expenditure actually serves the valid public purpose that we intended it to serve. COMMISSIONER HENNING: Mr. Chairman? COMMISSIONER FIALA: This subject, it wasn't on here. CHAIRMAN NANCE: Let's go to Commissioner Henning. COMMISSIONER HENNING: I seconded the motion, I think I have the right to call the question. COMMISSIONER FIALA: What was your motion? COMMISSIONER HENNING: And I call the question. CHAIRMAN NANCE: What was your motion? COMMISSIONER HENNING: Motion is to add for whatever purpose. COMMISSIONER FIALA: That it serves a valid public purpose. COMMISSIONER HENNING: That it serves a valid public purpose. COMMISSIONER HILLER: No, that the Board has found a valid public purpose and has approved these expenditures. This is a disbursement report after the disbursement is made. So that disbursement report should reference the Board meeting where the Page 204 September 8, 2015 Board approved that these expenditures served a valid public purpose and that the Board approved them for payment. CHAIRMAN NANCE: Who's the motion maker? COMMISSIONER HENNING: Commissioner Fiala. CHAIRMAN NANCE: Commissioner Fiala, tell us what your motion is. COMMISSIONER FIALA: My motion is that this report should say that -- COMMISSIONER HENNING: That the Board finds that this serves a valid -- COMMISSIONER FIALA: We declare that this serves a valid public purpose. COMMISSIONER HILLER: No, we have to do that before the disbursement was made. COMMISSIONER FIALA: Yeah, but you know what, that -- CHAIRMAN NANCE: She just wants redundancy, ma'am. COMMISSIONER FIALA: These are things that we have -- COMMISSIONER HILLER: But just say that the Board found -- that this report reflects disbursements that the Board deemed to serve a valid public purpose on X date, which is ahead -- COMMISSIONER FIALA: But the thing is, there are times when we -- our public policy is that the County Manager will deem that as a valid public purpose until we come back from vacation or from holiday. So I don't want to hold any payments up. COMMISSIONER HILLER: But this has nothing to do with it. These payments are already made. This is a report of payments already made. COMMISSIONER HENNING: I call the motion. COMMISSIONER FIALA: Okay. The motion is to add to this report that we declare a valid public purpose. COMMISSIONER HENNING: And I seconded it. Page 205 September 8, 2015 CHAIRMAN NANCE: Further discussion. COMMISSIONER TAYLOR: Oh, don't say that. COMMISSIONER HENNING: No, there's not. I called it. CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: 4-1 with Commissioner Hiller in dissent. COMMISSIONER TAYLOR: I think this is another issue that can be discussed between the Clerk's Office and the County Manager's Office so we can get -- CHAIRMAN NANCE: Part of the greater disagreement, I'm afraid. COMMISSIONER TAYLOR: Well, I think it could be discussed. MR. OCHS: It's a requirement of your ordinance, it's not my requirement. COMMISSIONER HENNING: You guys argue it later on. What's the next item? COMMISSIONER FIALA: You know, the reason is people are a little nervous. I -- I shouldn't say anybody else but me. I'm a little bit nervous if everything doesn't meet absolutely the letter of the law and then goes in over abundance with it to make sure that the Clerk approves whatever we're doing. Because we've had checks not going out to people, and we've had things not being paid because we didn't cross an I or -- dot an I or cross a T. So I'm just trying to be in an abundance of caution making sure everything is taken care of. That's all my purpose was. Page 206 September 8, 2015 CHAIRMAN NANCE: Mr. Ochs, what do we have remaining? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: You have Item 15, staff and commission general communications. Mr. Chairman, just a couple of reminders from my end, this Thursday you have a legislative workshop at 9:00 a.m. in this room, and then that same evening at 5:05 is your first of two statutorily required public hearings to adopt your FY 2016 budget. CHAIRMAN NANCE: That's on September 10? COMMISSIONER HILLER: September 10? MR. OCHS: Yes, both meetings. CHAIRMAN NANCE: We've got a legislative priorities workshop and then a 5:05 budget meeting? MR. OCHS: That's correct, sir. And then I put up on the visualizer the upcoming workshop topics for October and November to remind the Board. CHAIRMAN NANCE: Our October 6th workshop is going to be very interesting. MR. OCHS: Yes. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: Yes, it will be. MR. OCHS: That's all I have, Mr. Chairman. CHAIRMAN NANCE: All right. Mr. Klatzkow, anything? MR. KLATZKOW: Oh, no. CHAIRMAN NANCE: Mr. Klatzkow has gone mute on us. Deputy Manager Casalanguida? MR. CASALANGUIDA: No, sir. Page 207 September 8, 2015 CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah. Has the county adopted the Blue Zone policies? MR. OCHS: No, sir. COMMISSIONER HENNING: Have you adopted it through your staff? MR. OCHS: We have members of our staff participating on working groups and committees to evaluate the proposals and to see what elements of the program -- the county, by its currents or prior actions, is already in compliance with elements of the Blue Zone plan. COMMISSIONER HENNING: Okay. Because I remember, and I saw it on today's agenda, these P-cards that we already approved Dunkin Donuts. CHAIRMAN NANCE: Dunkin Donuts. COMMISSIONER TAYLOR: I can't believe it. COMMISSIONER HENNING: And some other fast food places. I mean, I'm hearing -- I saw an editorial that the county -- Collier County government has adopted the Blue Zone. So that's -- I was just wondering if we're going to get any more purchasing of donuts. But since we haven't adopted it, it's still okay. MR. OCHS: Donuts are still on the menu, sir. Yes, sir, it's not a policy. CHAIRMAN NANCE: If Dunkin Donuts is not okay in the Blue Zone, you're going to see that Blue Zone disappear. I'm going to put 500 on Dunkin Donuts. COMMISSIONER HENNING: The next thing is, I'm going to be a little bit late. I have another meeting. I might be a little bit late on Thursday, County Manager. COMMISSIONER FIALA: To which one? COMMISSIONER TAYLOR: In the morning? COMMISSIONER HENNING: Yeah, so remind these guys, Page 208 September 8, 2015 because they're going to forget. MR. OCHS: For the morning meeting, sir? COMMISSIONER HILLER: For which meeting? COMMISSIONER HENNING: Workshop, I mean. CHAIRMAN NANCE: Workshop on legislative priorities. We'll count on your guidance when you arrive, sir. Commissioner Hiller? COMMISSIONER HENNING: I'm not sure if you want it or not. COMMISSIONER HILLER: I hope you all had a great summer. Everybody seems very rested. CHAIRMAN NANCE: Did you go to Boston? I haven't heard a word about it so I was wondering -- COMMISSIONER HILLER: I have not. I have not. CHAIRMAN NANCE: You did not? COMMISSIONER HILLER: But I plan on going in the fall, because I miss it. So I will go back. And the Pats are playing the Steelers on Thursday night. So I'm just saying. CHAIRMAN NANCE: I haven't heard anything. The only thing I heard this morning was when somebody said Commissioner Hiller, I should have known. So that's all the gossip I -- COMMISSIONER HILLER: No, it was a really great summer and I enjoyed myself by having a great deal of time with my children. And that's what I wanted to do. And it was great. So it was a good break for everybody. And I think it was well deserved and well needed by staff and members of the board alike. So I'm very happy to be back and I think we have a great year ahead of us. And like I said, this is the first year that the Board of County Commissioners has been dominated by women. And it will bring out the softer side in Commissioner Henning. And Commissioner Nance already had a softer side because he has a great wife that has him Page 209 September 8, 2015 perfectly trained. So he so knows how to handle us. Commissioner Henning wanting, but always room for improvement and we're always there to support you any way we can. COMMISSIONER HENNING: Well, since my name was brought up, I'm not going to move to the left. I'm always going to be conservative on my thoughts, so -- CHAIRMAN NANCE: Well, Commissioner Henning, as far as blue things, I think blue men are the only thing that exists, so we've got the edge on them for that for the Blue Zone. We can be the blue men, but these women, I don't know if there's a feminine equivalent of that. COMMISSIONER HENNING: And I just don't appreciate these sexist remarks. COMMISSIONER HILLER: I don't appreciate the sexist remarks that you've hurled against me, but you know what -- CHAIRMAN NANCE: He resembles that remark, okay. COMMISSIONER HILLER: -- I let it slide. CHAIRMAN NANCE: Commissioner Hiller, anything else? COMMISSIONER HILLER: No. I'm just really happy and I think we have a great opportunity ahead of us to do a lot of good things together as a Board, and I look forward to working with everybody, and I hope this year will be successful and that we'll benefit the community as best we can. I'm really looking forward to it. CHAIRMAN NANCE: All right, great. I just have a couple of things. My thanks to all of you for -- I think we had a difficult meeting and I think we worked through some very important things that certainly we'll have to revisit. I wanted to mention a couple of things. Mrs. Nance brought some -- insisted that we bring some North Carolina Macintosh apples. I think there's a few of them left in the kitchen. So please take those and enjoy them. They're really, really nice. Page 210 September 8, 2015 I believe that there's a community housing forum October the 1st that's being -- I think it's a community housing -- described as a community housing forum. It involves the United Way and the Greater Naples Chamber of Commerce. I believe Steve Carrell is going to bring you some information. There's an opportunity for members of our legislative delegation to participate, there's an opportunity for commissioners to participate to the extent they want to, and I think he'll get you that information so you can see if you want to come out and support the discussion that will be coming forth. So we thank Steve for working on that. I don't have anything else today. Commissioner Fiala? COMMISSIONER FIALA: Yes, this is just food for thought for next year, so it's way early. And that is I thought that the summer recess was very long. I was wondering if we might think about going back to the way we used to do it where we met the last Tuesday in July rather than the first Tuesday in July. And that would kind of break it up a little bit. And not only that but, you know, we could keep in touch with what was going on. But it might not be popular. I'm just throwing that out for this minute. Not for discussion now. Because next we talked about Blue Zone and we talked about blue men. Well, tomorrow morning I'm having blue light, and that's the truth, right after the pickle ball. COMMISSIONER TAYLOR: You are? COMMISSIONER FIALA: Yeah. Right after pickle ball I'm going in to have the blue light. That's for pre-cancer treatment under your skin. So they burn your skin. So if I get here tomorrow -- I mean, if I get here Thursday, I'm going to be looking rather red-faced. So I either have to wear a veil over my face or do it by phone. Depends on which you want to put up with. Page 211 September 8, 2015 COMMISSIONER TAYLOR: Do it by phone. CHAIRMAN NANCE: Ma'am, here's what you do. Keep working on the light. Because with me they start out with stuff this size and they go up. COMMISSIONER FIALA: Speaking of blue things. COMMISSIONER TAYLOR: Clearly, do it by phone. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Question. I'm posing a question. Do we want to allow dock extensions and drainage easements such as Henderson and Haldeman Creek? COMMISSIONER HENNING: Yes. COMMISSIONER HILLER: No. COMMISSIONER TAYLOR: We do? COMMISSIONER HENNING: If we're talking about any particular one, you have to look at navigability. Henderson Creek is not only a drainage easement, but if you look at the plat, it also says navigation, okay? I know there's a lot of concern. That's going to go to the Planning Commission for that dock extension. If the Planning Commission does not allow it, the petitioner has a right to come to the Board of Commissioners. I can tell you I'm very concerned about that particular dock extension because of the width. I mean, I grew up on Henderson Creek. I know that area. MR. KLATZKOW: Commissioners, this item is coming before you. COMMISSIONER HENNING: It's coming before us? MR. KLATZKOW: The Planning Commission already heard this. COMMISSIONER HENNING: Okay. COMMISSIONER TAYLOR: But I mean in general, can we bring something back? Would you agree we bring something back to Page 212 September 8, 2015 discuss whether we indeed even want to put 20 feet of dock into a drainage easement? COMMISSIONER HILLER: Hang on a second. Isn't this an ex parte? CHAIRMAN NANCE: Yeah, this is an item -- COMMISSIONER HILLER: So this isn't appropriate. MR. KLATZKOW: This conversation probably shouldn't be happening. COMMISSIONER HILLER: Right. This isn't appropriate. CHAIRMAN NANCE: Let's take it up when it gets on the agenda, Commissioners, so that we don't get -- you know, this is not an advertised discussion, so let's take the County Attorney's advice. COMMISSIONER FIALA: Have stormwater management -- because you're talking about -- COMMISSIONER TAYLOR: That's -- stormwater, yeah. COMMISSIONER FIALA: Have they ever addressed it? MR. KLATZKOW: Commissioner, again, this item is coming before you. COMMISSIONER TAYLOR: Okay. So the final one is we know that Florida Fish and Wildlife are now issuing permits to shoot bears. CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER TAYLOR: Okay. And we know that people can shoot bears on their property. CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER TAYLOR: And we know that people shooting bears on their property can't control where those bullets go. COMMISSIONER HENNING: I can. COMMISSIONER TAYLOR: I've heard some complaints from folks in the Estates that they're very concerned about shooting -- months and months ago -- Page 213 September 8, 2015 CHAIRMAN NANCE: Ma'am, it is -- COMMISSIONER HENNING: They need to call their Commissioner. COMMISSIONER TAYLOR: So maybe we can get Florida Fish and Wildlife in this chamber to give the folks that have these permits to kill these bears some ideas about how to control the bear population without killing the bears or at least maintaining and giving some guidelines. Because it is potentially a serious situation. CHAIRMAN NANCE: Ma'am, they've already opined on that. I will tell you that discharge of firearms has been preempted by the legislature of the State of Florida. It is a conversation I have with my constituents all the time. And I just have to send them the documents that explain what our position is and the fact that we can't control that. Now that doesn't mean that the Collier County Sheriffs Office doesn't go to them, go to the people discharging firearms and counsel them to be judicious and, you know, make sure that you're not shooting something that you're not aiming at, whatever good that does. But we can't do anything other than that. I know there's a mixed message on the bears. I think it's going to continue to be a problem and -- COMMISSIONER TAYLOR: So you don't see any benefit in bringing Florida Fish and Wildlife in? CHAIRMAN NANCE: Well, ma'am, honestly, they're shooting at stuff a lot smaller than bears. I mean, bears are pretty big. I mean, you'd be surprised. We have trouble with people shooting at like dragon flies and stuff. That's a bigger issue. So it's District 5, ma'am, and my apologies. We like firearms, I'm afraid. COMMISSIONER FIALA: I'm glad you brought your sense of humor. COMMISSIONER TAYLOR: That's all I have. Page 214 September 8, 2015 CHAIRMAN NANCE: Anything else? Ms. Kinzel, any final comments? You're the last one, ma'am. MS. KINZEL: Oh, no thank you, sir. Have a great evening. MR. OCHS: Mr. Chairman, I'm sorry to delay this for one more second, but on the topic you brought up in your comments about the community housing forum on October 1st -- CHAIRMAN NANCE: Yes, sir. MR. OCHS: -- there's a segment of the program set up for panel discussion among various local elected officials that talks for 20 minutes about challenges and opportunities on this subject. They're looking for a participant from our Board, so we were wondering if anyone on Board may have an interest in -- CHAIRMAN NANCE: I have a commitment, a very, very early morning commitment that I can't get out of. But I have promised to Mr. Carnell that I will return as fast as I can. I would certainly encourage others. I know there's a lot of interest amongst all of the other Commissioners here about this issue. And housing, you know, workforce housing and affordable housing continues to be a topic of great import for the county. So I would encourage you to please consider, you know, what Mr. Carnell is going to send to you. And if-- COMMISSIONER FIALA: When is that? CHAIRMAN NANCE: -- you can participate -- it is October the 1st, beginning fairly early in the morning. 8:00, sir? MR. OCHS: We need one member of the Board to sit on that panel, along with Senator Richter and Representative Passidomo and Mayor Sorey. COMMISSIONER FIALA: You want a Board member who -- COMMISSIONER HILLER: For what? COMMISSIONER FIALA: -- is being inundated with it, or -- CHAIRMAN NANCE: Community workforce housing forum Page 215 September 8, 2015 with -- from the perspective of government. COMMISSIONER HILLER: I'll go there if you want. What day is that? MR. CARNELL: It's Thursday, October 1st, ma'am. 8:00 a.m. is when it begins and that's when -- CHAIRMAN NANCE: Everyone's welcome to go. MR. CARNELL: I'll send you a draft agenda. We'll have a little more clarified agenda later in the week. COMMISSIONER TAYLOR: You've got somebody there. You might have five people there. COMMISSIONER NANCE: Yeah, we'll be there. I'll be there in support as soon as I can get there. MR. OCHS: I just need -- COMMISSIONER FIALA: Is it here? MR. CARNELL: Well, location is to be determined. We're identifying that right now. MR. OCHS: I need one of you to volunteer. CHAIRMAN NANCE: Commissioner Hiller has volunteered. COMMISSIONER FIALA: No, I have. CHAIRMAN NANCE: Commissioner Fiala and Commissioner Hiller have volunteered. COMMISSIONER HILLER: No, let Commissioner Fiala do it. I don't have a problem with that. CHAIRMAN NANCE: You want to do it? Okay, Commissioner Fiala -- COMMISSIONER HILLER: It's very important. Because she has a lot of that in her district and she can best advocate for -- CHAIRMAN NANCE: She will be our officially appointed Commissioner designee. COMMISSIONER HILLER: Yeah, that's really a good one. MR. OCHS: Thank you, Commissioner. Page 216 September 8, 2015 CHAIRMAN NANCE: Any other business, Commissioners? (No response.) CHAIRMAN NANCE: Hearing none, for the good of the county, we'll stand adjourned until next time. **** Commissioner Henning 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 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $2,981,600 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20120001253) FOR WORK ASSOCIATED WITH ESPLANADE GOLF AND COUNTRY CLUB — POSTED FOR A RESIDENTIAL PROJECT WITHIN THE MIRASOL PUD Item #16A2 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $419,280 THAT WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.082-1, (PL20120002539) FOR WORK ASSOCIATED WITH ESPLANADE AT HACIENDA LAKES, PHASE ONE — THE DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO THE SECURITY Item #16A3 Page 217 September 8, 2015 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $430,080 ON BEHALF OF BARRON COLLIER INVESTMENTS, LTD., PURSUANT TO APPLICABLE PROVISIONS OF THE ENVIRONMENTAL RESTORATION AND MAINTENANCE (ERM) TRANSFER OF DEVELOPMENT RIGHTS (TDR) BONUS CREDIT REQUIREMENTS ASSOCIATED TO PL20130001998 — A SECURITY THAT WAS REQUIRED UNTIL THE DEVELOPER MET CRITERIA OUTLINED IN THE RESTORATION MAINTENANCE PLAN Item #16A4 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $795,600 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.375-4, PL20130002036 FOR WORK ASSOCIATED WITH OYSTER HARBOR AT FIDDLER'S CREEK, PHASE ONE Item #16A5 CLERK OF COURTS RELEASE OF A CASH BOND IN THE AMOUNT OF $16,000 WHICH WAS POSTED AS A . DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20150000956) FOR WORK ASSOCIATED WITH THE MERCEDES-BENZ NORTH NAPLES — POSTED FOR CLEARING ASSOCIATED WITH THE EWA Item #16A6 RESOLUTION 2015-152 (PHASE 3F); RESOLUTION 2015-153 (PHASE 3G); Page 218 September 8, 2015 RESOLUTION 2015-154 (PHASE 3H); RESOLUTION 2015-155 (PHASE 3K): FINAL APPROVAL OF LANDSCAPING IMPROVEMENTS FOR THE FINAL PLATS OF REFLECTION LAKES AT NAPLES PHASE 3F (AR-7826) PHASE 3G (AR-7776), PHASE 3H (AR-7777) AND PHASE 3K (AR-7827) AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITIES — IMPROVEMENTS WILL BE MAINTAINED BY THE HOME OWNER'S ASSOCIATION FOR IMPROVEMENTS WITHIN THE WALNUT LAKES PUD Item #16A7 RECORDING THE FINAL PLAT OF WINDING CYPRESS UNIT 3, (APPLICATION NUMBER PL20150000444) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A8 RECORDING THE MINOR FINAL PLAT OF SPANISH OAKS, APPLICATION NUMBER 2015000859 — FOR PROPERTY ON SPANISH OAKS LANE THAT IS NOT WITHIN A PUD Item #16A9 RECORDING THE MINOR FINAL PLAT OF ARTESIA NAPLES, PHASE 3A, APPLICATION NUMBER PL20150001403 — FOR PROPERTY OFF OF LUCENA LANE SOUTH THAT IS NOT PART OF THE ARTESIA NAPLES, PHASE 3A PLAT Page 219 September 8, 2015 Item #16A10 RECORDING THE FINAL PLAT OF WING SOUTH AIRPARK EXTENSION, (APPLICATION NUMBER PL20150001055) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A1 1 RECORDING THE FINAL PLAT OF ESTILO ACRES, (APPLICATION NUMBER PL20130002583) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — A PROJECT LOCATED ON LORDS WAY OFF OF COLLIER BOULEVARD Item #16Al2 RECORDING THE FINAL PLAT OF MONTIANO, (APPLICATION NUMBER PL20140002750) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — A PROJECT WITHIN THE WENTWORTH ESTATES PUD Item #16A13 RECORDING THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES BLOCKS "D", "F" AND "H", Page 220 September 8, 2015 (APPLICATION NUMBER PL20150001102) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — WITHIN THE MIRASOL RPUD Item #16A14 RECORDING THE FINAL PLAT OF ISLES OF COLLIER PRESERVE PHASE 6, (APPLICATION NUMBER PL20150000492) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — A PROJECT WITHIN THE SABAL BAY PUD Item #16A15 RESOLUTION 2015-156 (RIVERWOOD EAST); RESOLUTION 2015-157 (RIVERWOOD EAST UNIT NO. 2); RESOLUTION 2015-158 (RIVERWOOD EAST UNIT NO. 3); RESOLUTION 2015-159 (RIVER WOOD UNIT NO. 2): FINAL APPROVAL OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLATS OF RIVERWOOD EAST, PLAT BOOK 13, PAGE 13; RIVERWOOD EAST UNIT NO. 2, PLAT BOOK 13 PAGE 112; RIVERWOOD EAST UNIT NO. 3, PLAT BOOK 14, PAGE 90; RIVERWOOD UNIT TWO, PLAT BOOK 10, PAGE 90 AND ACCEPTING MAINTENANCE RESPONSIBILITY FOR THESE IMPROVEMENTS WITHIN THE PUBLIC'S RIGHT-OF-WAY — THE DRAINAGE SYSTEM AND LAKES OUTSIDE THE PUBLIC ROAD RIGHTS-OF-WAY WILL BE PRIVATELY MAINTAINED BY RIVERWOOD ESTATES HOMEOWNER'S ASSOCIATION, INC. Page 221 September 8, 2015 Item #16A16 FINAL ACCEPTANCE OF PRIVATELY OWNED WATER AND SEWER UTILITY FACILITIES FOR ROYAL PALM ACADEMY, PL20140000390, AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $1 0,748.67 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — STAFF'S FINAL INSPECTION ON APRIL 14, 2015 FOUND THE FACILITIES ACCEPTABLE Item #16A17 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR VERCELLI PHASE 2, PL20120002526, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — A PROJECT WITHIN WENTWORTH ESTATES Item #16A18 FINAL ACCEPTANCE OF PRIVATELY OWNED WATER AND SEWER UTILITY FACILITIES FOR TREVISO BAY- DI NAPOLI, PL20120002541, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $10,673.47 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED Page 222 September 8, 2015 AGENT — A FINAL INSPECTION BY STAFF ON MAY 28, 2015 FOUND THE FACILITIES ACCEPTABLE Item #16A19 CHAIRMAN TO SIGN TWO UTILITY FACILITIES QUIT- CLAIM DEEDS AND BILL OF SALE BETWEEN COLLIER COUNTY AND WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT (CDD), RECONVEYING ALL IRRIGATION UTILITY FACILITIES THAT WERE ERRONEOUSLY CONVEYED TO THE COUNTY ASSOCIATED WITH DEVELOPMENT PROJECTS AT VERCELLI, PL20130002056, AND LIPARI-PONZIANE, PL20130002052, BACK TO THE COMMUNITY DEVELOPMENT DISTRICT — QUIT-CLAIM DEEDS WILL RECONVEY THE PRIVATE IRRIGATION FACILITIES BACK TO THE CDD TO ALLOW WATER AND SEWER UTILITY FACILITIES FOR BOTH PROJECTS TO GO TO THE BOARD FOR FINAL APPROVAL AND ACCEPTANCE DURING A LATER PUBLIC HEARING Item #16A20 A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND MARABELLA ISLES HOMEOWNER'S ASSOCIATION, INC. FOR LANDSCAPE IMPROVEMENTS WITHIN THE LIVINGSTON ROAD PUBLIC RIGHT-OF-WAY — THE HOA WILL INSTALL IMPROVEMENTS ADJACENT TO THE DEVELOPMENT AND IS RESPONSIBLE FOR ALL MAINTAINANCE Item #16A21 Page 223 September 8, 2015 A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND THE SIENNA RESERVE HOMEOWNER'S ASSOCIATION, INC. FOR LANDSCAPE PLANTING WITHIN THE LIVINGSTON ROAD RIGHT-OF- WAY — THE HOA WILL INSTALL IMPROVEMENTS ADJACENT TO THE DEVELOPMENT AND IS RESPONSIBLE FOR ALL MAINTAINANCE Item #16A22 A BUDGET AMENDMENT IN THE AMOUNT OF $147,071, TRANSFERING FUNDS FROM WATER POLLUTION CONTROL FUND 114 RESERVES TO FY15 OPERATING EXPENSE BUDGET FUND 114 TO PURCHASE A (REPLACEMENT) INDUCTIVELY COUPLED PLASMA MASS SPECTROMETER — QUOTES WERE RECEIVED FROM FISHER SCIENTIFIC; PERKINELMER AND AGILENT TECHNOLOGIES INC., WITH FISHER SCIENTIFIC THE LEAST EXPENSIVE; THE PURCHASE WILL BE MADE USING STATE CONTRACT #4112000-15-ACS Item #16A23 RELEASE OF (2) CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $185,183.11 FOR PAYMENT OF $2,283. 11, IN CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. JERRY DELASHMENT ET UX., CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NOS. CESD20130003907 AND CEPM20130003856, RELATING TO PROPERTY LOCATED AT 1391 13TH AVENUE N., COLLIER COUNTY, FLORIDA — THE Page 224 September 8, 2015 RESULT OF A SHED WITH AN EXPIRED PERMIT, BROKEN WINDOWS, NO CERTIFICATE OF COMPLETION AND A SCREEN ENCLOSURE ON THE PROPERTY THAT WAS MISSING A DOOR BROUGHT INTO COMPLIANCE FOLLOWING FORECLOSURE AND ACQUIRED BY DLB INVESTMENTS, INC., VIA SPECIAL WARRANTY DEED RECORDED APRIL 24, 2015 Item #16A24 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $24,515. 18 FOR PAYMENT OF $565.18, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. GREGORY WESTGATE, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEROW20120004308, RELATING TO PROPERTY LOCATED AT 129 4TH STREET, COLLIER COUNTY, FLORIDA — RELATED TO A DRAINAGE SWALE ON THE PROPERTY THAT WAS FILLED WITHOUT OBTAINING THE REQUIRED PERMIT; ONCE THE HOMEOWNER BECAME AWARE OF THE VIOLATION IT WAS CORRECTED AND THE PROPERTY WAS BROUGHT INTO COMPLIANCE MARCH 4, 2014 Item #16A25 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $96,979.28 FOR PAYMENT OF $679.28, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. HECTOR OROSO AND JACQUI HAMILTON, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20130011657, RELATING TO PROPERTY Page 225 September 8, 2015 LOCATED AT 3043 44TH ST. SW, COLLIER COUNTY, FLORIDA — FOR VIOLATIONS RELATED TO ROOF DAMAGE ON A VACANT FORECLOSED HOME ACQUIRED BY A NEW OWNER VIA CERTIFICATE OF TITLE ON MAY 6, 2015 WITH COMPLIANCE CONFIRMED JUNE 24, 2015 Item #16A26 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $11,739.49 FOR PAYMENT OF $1,439.49, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. BRYON GOLDIZEN AND STEPHANIE GOLDIZEN, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20090015934, RELATING TO PROPERTY LOCATED AT 3036 OLDE COVE WAY, COLLIER COUNTY, FLORIDA — FOR FINES SURROUNDING AN UNMAINTAINED POOL ON THE PROPERTY BROUGHT INTO COMPLIANCE MARCH 9, 2010 AND FOLLOWING FORECLOSURE WAS ACQUIRED BY JADA PROPERTIES & INVESTMENT GROUP, LLC BY CERTIFICATE OF TITLE ON DECEMBER18, 2013 Item #16A27 RELEASE OF TWO (2) CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $570,563.75 FOR PAYMENT OF $1,013.75, IN CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. TERESITA PINO, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20130008117 AND CODE ENFORCEMENT BOARD CASE NO. CEPM20140000021, Page 226 September 8, 2015 RELATING TO PROPERTY LOCATED AT 4261 1ST AVENUE SW, COLLIER COUNTY, FLORIDA — THE RESULT OF AN UNMAINTAINED POOL AND TORN SCREENS ON THE PROPERTY THAT FOLLOWING FORECLOSURE WAS ACQUIRED BY BK CAPITAL, LLC BY SPECIAL WARRANTY DEED RECORDED JUNE 24, 2015 Item #16A28 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $80,780 FOR PAYMENT OF $530, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. VP OFFICE HOLDINGS, LLC, CODE ENFORCEMENT BOARD CASE NO. CESD20120000116, RELATING TO PROPERTY LOCATED AT 2244 VENETIAN COURT (FOLIO NO. 00237600008), COLLIER COUNTY, FLORIDA — A VIOLATION AND FINES FOR FAILING TO INSTALL A STREETLIGHT THAT WAS REQUIRED BY THE PUD; THE PROPERTY WAS ACQUIRED BY VENETIAN PLAZA OFFICE PARK MASTER BY WARRANTY DEED SEPTEMBER 11, 2012 AND DUE TO EXTRAORDINARY CIRCUMSTANCES BEYOND CONTROL THE OWNER ACCRUED ADDITIONAL FINES ABATING THE VIOLATION Item #16A29 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $247,080.57 FOR PAYMENT OF $530.57, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. MAYKOL CALDERON, CODE ENFORCEMENT BOARD CASE NO. CESD20110009230, Page 227 September 8, 2015 RELATING TO PROPERTY LOCATED AT 1281 27TH STREET SW, COLLIER COUNTY, FLORIDA — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A30 RELEASING A CODE ENFORCEMENT LIEN & DUPLICATE LIEN WITH AN ACCRUED VALUE OF $161,512.29 FOR A PAYMENT OF $1,112.29, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JORGE HERNANDEZ, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CESD20110001314, RELATING TO PROPERTY LOCATED AT 185 31ST STREET NW, COLLIER COUNTY, FLORIDA — VIOLATIONS SURROUNDING THREE (3) UNPERMITTED SHEDS ON THE PROPERTY ACQUIRED BY WARRANTY DEED JULY 24, 2013 BY NEW OWNERS WHO WERE UNAWARE OF THE ISSUES AND WHO HAVE EXPERIENCED FINANCIAL HARDSHIP BRINGING THE PROPERTY INTO COMPLIANCE; A DUPLICATE LIEN IS BEING RELEASED BECAUSE THE ORIGINAL WAS ERRONEOUSLY RECORDED TWICE Item #16A31 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $37,500, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. J. PEACEFUL, L.C., CODE ENFORCEMENT BOARD CASE NO. CESD20090012961, RELATING TO PROPERTY LOCATED AT 7770 PRESERVE LANE, COLLIER COUNTY, FLORIDA — AS DETAILED IN THE EXECUTIVE SUMMARY Page 228 September 8, 2015 Item #16A32 CONTRACT #15-6445 IN THE AMOUNT OF $327,143 AWARDED TO TRAFFIC CONTROL PRODUCTS OF FLORIDA FOR THE "ADVANCE INTERSECTION SIGNS" PROJECT PURSUANT TO A BOARD APPROVED LOCAL AGENCY PROGRAM AGREEMENT (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, (PROJECT #33335) — FDOT LAP AGREEMENT FM 430875-1 REIMBURSES THE COUNTY UP TO $400,000 FOR THIS PROJECT Item #16A33 AN EASEMENT AGREEMENT AUTHORIZING PURCHASE AND ACCEPTANCE OF A DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT (PARCEL 259DAME) AND A TEMPORARY CONSTRUCTION EASEMENT (PARCEL 259TCE) REQUIRED FOR THE CONSTRUCTION OF STORM WATER IMPROVEMENTS KNOWN AS THE WING SOUTH SEGMENT OF LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101 (ESTIMATED FISCAL IMPACT: $505,150) Item #16A34 FINAL ACCEPTANCE AND ACCEPTING UNCONDITIONAL CONVEYANCE OF POTABLE WATER UTILITY FACILITIES FOR PIACERE (LOT 18), PL20130001695, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,193.88 TO THE PROJECT ENGINEER OR DEVELOPER'S Page 229 September 8, 2015 DESIGNATED AGENT — IN THE TREVISO BAY COMMUNITY Item #16A35 RESOLUTION 2015-160: FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF COPPER COVE PRESERVE (APPLICATION NUMBER AR-7528) WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY Item #16A36 RESOLUTION 2015-161 : A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $331,363 FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION OF INTERSECTION IMPROVEMENTS ON GOLDEN GATE PARKWAY AT LIVINGSTON ROAD AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT (PROJECT NO. 33431) — FDOT WILL REIMBURSE THE COUNTY UP TO $272,184 FOR CONSTRUCTION COSTS AND UP TO $59,179 FOR ENGINEERING INSPECTIONS Item #16A37 RESOLUTION 2015-162: DELEGATING THE COUNTY MANAGER OR HIS DESIGNEE AUTHORITY TO EXECUTE EXCAVATION, EARLY WORK AUTHORIZATION, AND SITE DEVELOPMENT PLAN PERFORMANCE AGREEMENTS ON Page 230 September 8, 2015 BEHALF OF THE BOARD OF COUNTY COMMISSIONERS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A38 CONTRACT #12-5901 CHANGE ORDER NO. 4 IN THE AMOUNT OF $259,946.47, WITH ATKINS NORTH AMERICA, INC., FOR CONSTRUCTION, ENGINEERING AND INSPECTION (CEI SERVICES) FORUS41 & SR/CR951 INTERSECTION IMPROVEMENTS AND SR951 3R IMPROVEMENTS (PROJECT NO. 60116) — ADDITIONAL FUNDS ARE REQUIRED TO FINALIZE CONSTRUCTION OVERSIGHT, CERTIFY THE PROJECT AND SUBMIT RECORDS TO FDOT FOR FINAL REIMBURSEMENT OF THE PROJECT SCHEDULED FOR COMPLETION NOVEMBER, 2015 Item #16A39 RECORDING THE MINOR FINAL PLAT OF DEL WEBB NAPLES PARCEL 102, PHASE 1 REPLAT, APPLICATION NUMBER PL20150001299 — LOCATED WITHIN AVE MARIA Item #16A40 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MARBELLA LAKES, PL20110001959, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE TO RELEASE FINAL ACCEPTANCE OBLIGATIONS BOND IN A TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — STAFF FOUND THE FACILITIES Page 231 September 8, 2015 ACCEPTABLE DURING A FINAL INSPECTION MAY 28, 2014 Item #16A41 FINAL ACCEPTANCE OF PRIVATELY OWNED WATER AND SEWER UTILITY FACILITIES FOR GREENLINKS GOLF VILLAS (A/K/A DOUBLE TEE GOLF RESORT), PL20110002546, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) IN THE TOTAL AMOUNT OF $30,898.20 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — LOCATED IN THE LELY RESORT COMMUNITY Item #16A42 EASEMENT AGREEMENTS FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 117RDUE) AND A TEMPORARY BRIDGE CONSTRUCTION EASEMENT (PARCEL 117TCE) REQUIRED FOR CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE CYPRESS CANAL; TRANSPORTATION BRIDGE REPLACEMENT PROGRAM PROJECT NO. 66066 (ESTIMATED FISCAL IMPACT: $6,530) Item #16A43 RESOLUTION 2015-163: FINAL APPROVAL OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS WITHIN THE PORTIONS OF ROADWAYS DESCRIBED IN QUIT CLAIM DEEDS RECORDED IN OR BOOK 1099, PAGE 365 AND OR BOOK 1099, PAGE 366 OF THE PUBLIC RECORDS AND Page 232 September 8, 2015 ACCEPTING MAINTENANCE RESPONSIBILITY FOR IMPROVEMENTS Item #16A44 CONTRACT #15-6452 AWARDED TO LAGO CONSULTING & SERVICES, LLC FOR SURFACE WATER & GROUNDWATER MANAGEMENT, FOR THE PROTECTION OF EXISTING WELLFIELDS AND FUTURE GROUNDWATER RESOURCES IN AN AMOUNT NOT TO EXCEED $216,892.50 Item #16A45 AFTER-THE-FACT APPROVAL TO SUBMIT A 2015 REGIONAL COASTAL RESILIENCE GRANT APPLICATION SPONSORED BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) IN THE AMOUNT OF $1,373,734 FOR PHASE 1 OF THE NAPLES PARK AREA STORMWATER IMPROVEMENT PROJECT — A 7-YEAR PHASED PROJECT THAT INCLUDES 21 STREETS WITH BOUNDARIES ON THE NORTH BY 111TH AVENUE NORTH, TAMIAMI TRAIL NORTH (US41) ON THE EAST, VANDERBILT DRIVE ON THE WEST, AND 91ST AVENUE NORTH ON THE SOUTH Item #16A46 BUDGET AMENDMENTS TO RECOGNIZE REVENUE AND TRANSFER FUNDS FOR PROJECTS WITHIN TRANSPORTATION CAPITAL FUND (313) PROJECT NOS. 69081, 60088, 60066 AND 68056 Page 233 September 8, 2015 Item #16A47 AN EASEMENT AGREEMENT FOR PURCHASE OF A DRAINAGE AND UTILITY EASEMENT (PARCEL 103DUE) REQUIRED FOR CONSTRUCTION OF DRAINAGE AND UTILITY IMPROVEMENTS AT THE INTERSECTION OF LAKE TRAFFORD ROAD (CR 890) AND NORTH 19TH STREET IN IMMOKALEE FOR INTERSECTION IMPROVEMENT PROJECT NO. 60016. (ESTIMATED FISCAL IMPACT: $5,400) — A 2,589 SQUARE FOOT VACANT PARCEL AND PART OF A 9.27 ACRE PARENT TRACT OWNED BY BARRON COLLIER PARTNERSHIP, LLLP Item #16A48 AMENDMENT NO. 02 TO AGREEMENT #4600002912 BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD), MODIFYING THE DUE DATE AND FINAL CONSTRUCTION COMPLETION REPORT FOR TASK 3 TO SEPTEMBER 30, 2015 FOR 28TH AVENUE SE BRIDGE PROJECT NO. 60123 — TO ALLOW ADEQUATE TIME TO PROCESS PAYMENT TO THE CONTRACTOR, QUALITY ENTERPRISES, INC., REQUIRED BY SFWMD BEFORE THEY WILL RELEASE A FINAL $300,000 GRANT PAYMENT TO THE COUNTY Item #16A49 AFTER-THE-FACT APPROVAL TO SUBMIT A 2015 REGIONAL COASTAL RESILIENCE GRANT APPLICATION SPONSORED BY THE NATIONAL OCEANIC AND Page 234 September 8, 2015 ATMOSPHERIC ADMINISTRATION (NOAA) IN THE AMOUNT OF $1,118,340 FOR THE GRIFFIN ROAD STORMWATER IMPROVEMENT PROJECT — A PROJECT IN SOUTH NAPLES, OFF OF TAMIAMI TRAIL EAST (U.S. 41) AND BAREFOOT WILLIAMS ROAD Item #16A50 AN EASEMENT AGREEMENT FOR PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 123RDUE) REQUIRED FOR CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE CYPRESS CANAL FOR TRANSPORTATION BRIDGE REPLACEMENT PROJECT NO. 66066 (ESTIMATED FISCAL IMPACT: $3,600) — FOR THE PURCHASE A 1,120 SQUARE FOOT IMPROVED PARCEL THAT'S PART OF A 2.5 ACRE TRACT OWNED BY SE 182 AVE. MOSS BLUFF, LLC ON THE SOUTH SIDE OF WHITE BOULEVARD EAST OF THE CANAL Item #16A51 AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT NO. C-11759 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING OPERATION AND MAINTENANCE OF DESIGNATED PRIMARY WATERCOURSES IN COLLIER COUNTY AND GRANTING AN EASEMENT TO TRANSFER OPERATIONAL CONTROL AND MAINTENANCE OF A PORTION OF COCOHATCHEE CANAL BEING RELOCATED AND THE PORTION OF CR951 CANAL BEING EXTENDED — AS DETAILED IN THE EXECUTIVE SUMMARY Page 235 September 8, 2015 Item #16B1 AN AGREEMENT BETWEEN COLLIER COUNTY AND THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $98,050 FOR PINELAND AVENUE STORMWATER IMPROVEMENTS, AUTHORIZING THE CHAIRMAN OF THE BOARD TO SIGN THE GRANT AGREEMENT, EXECUTE ALL NECESSARY FORMS AND AUTHORIZING THE NECESSARY BUDGET AMENDMENT — INCLUDES A SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND THE BAYSHORE GATEWAY TRIANGLE CRA FOR THE ADMINISTRATION OF HUD GRANT #B-13-UC-12-0016 (PROJECT #33437) Item #16C1 AWARDING INVITATION TO BID #15-6486 IN THE AMOUNT OF $108,000 TO WES INDUSTRIES, INC. TO PURCHASE REPLACEMENT DEGASIFICATION TOWER PACKING MEDIA AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT — CRITICAL IN REMOVING GAS AND CONTROLLING ODOR DURING THE PRODUCTION OF DRINKING WATER Item #16C2 A WORK ORDER WITH QUALITY ENTERPRISES USA INC., UNDER CONTRACT #14-6213-36, IN THE AMOUNT OF $325,248. 15, FOR NORTH REVERSE OSMOSIS WELLFIELD METER REPLACEMENT PROJECT NO. 70085 — TO REPLACE FLOW METERS ON 20 WELLS IN THE COUNTY'S NRO Page 236 September 8, 2015 WELLFIELD Item #16C3 A WORK ORDER UNDER CONTRACT #14-6213-40, WITH QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $291,712.34, FOR LOWER TAMIAMI AQUIFER WELLFIELD IMPROVEMENT PROJECT NO. 70085 — TO REPLACE WELLHEAD FITTINGS AND VALVES AND REHABILITATE WELLHEAD CONCRETE SUPPORT STRUCTURES Item #16C4 A WORK ORDER UNDER CONTRACT #14-6213-37, IN THE AMOUNT OF $672,900, WITH DOUGLAS N. HIGGINS, INC. FOR ISLES OF CAPRI WATER PUMP STATION PUMP REPLACEMENT PROJECT NO. 71067 AND AUTHORIZING A $600,000 BUDGET AMENDMENT — TO REPLACE POTABLE WATER PUMPS AND MOTORS AND ADD VARIABLE FREQUENCY DRIVES TO ENHANCE MOTOR CONTROL Item #16C5 CONTRACT #15-6494 IN THE AMOUNT OF $967,970, AWARDED TO QUALITY ENTERPRISES USA, INC. FOR NORTH COUNTY REGIONAL WATER TREATMENT PLANT TRANSFER PUMP UPGRADES PROJECT NO. 71066 AND AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $750,000 — TO REPLACE SIX POTABLE WATER TRANSFER PUMPS Page 237 September 8, 2015 Item #16C6 SENDING A LETTER OF SUPPORT TO THE UNITED STATES DEPARTMENT OF AGRICULTURE RELATIVE TO THE IMMOKALEE WATER AND SEWER DISTRICT'S POTABLE WATER PIPE REPLACEMENT PROJECT — TO ASSIST THE DISTRICT OBTAIN FUNDING FROM USDA RURAL UTILITIES SERVICE TO REPLACE APPROXIMATELY 50 MILES OF ASBESTOS CEMENT AND UNDERSIZED POTABLE WATER MAINS Item #16C7 RESOLUTION 2015-164: APPROVING SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2015 TAX YEAR Item #16D1 A LEASE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD TO ESTABLISH AN ALTERNATE LOCATION FOR A PUBLIC PLAYGROUND AND CREATE AN ADDITIONAL SOCCER FIELD IN IMMOKALEE Item #16D2 AFTER-THE-FACT AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY PROGRAMS TO Page 238 September 8, 2015 EXTEND THE TERM OF THE AGREEMENTS AND ENSURE CONTINUOUS FUNDING FOR FY 2014/2015 Item #16D3 AFTER-THE-FACT CONTRACTS, ATTESTATION STATEMENTS AND BUDGET TO REFLECT ACTUAL AWARD OF THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANTS FROM AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. Item #16D4 RECOGNIZING INTEREST EARNED FOR STATE AID TO LIBRARY GRANTS AND APPROVING AN $854.61 BUDGET AMENDMENT Item #16D5 THREE (3) REVISED STANDARD COLLIER COUNTY PARKS AND RECREATION FACILITY RENTAL AGREEMENTS USED AS FORM AGREEMENTS AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO ENTER INTO THE AGREEMENTS Item #16D6 A BUDGET AMENDMENT IN THE AMOUNT OF $160,115.45 TRANSFERRING FUNDS FROM PARKS AND RECREATION BOATER IMPROVEMENT RESERVES TO SPECIFIC BOAT Page 239 September 8, 2015 RAMP IMPROVEMENT PROJECTS, ALL WITHIN PARKS AND RECREATION CAPITAL FUND 306 Item #16D7 A STANDARD USE AGREEMENT TO BE USED AS A FORM AGREEMENT BY COLLIER COUNTY PARKS & RECREATION YOUTH SPORTS FACILITY AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO ENTER INTO THE AGREEMENTS Item #16D8 SUBMISSION OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ANNUAL REPORTS AND LOCAL HOUSING INCENTIVE CERTIFICATIONS FOR FISCAL YEARS 2011/2012, 2012/2013, AND INTERIM FISCAL YEARS 2013/2014 AND 2014/2015 TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS; AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $10,483.76 Item #16D9 ACCEPTING STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FY15/16 ALLOCATED PROGRAM FUNDS IN THE AMOUNT OF $1,636,466 AND SIGNING FISCAL YEAR 15/16 FUNDING CERTIFICATION Item #16D10 BUDGET AMENDMENTS RECOGNIZING $455,461.89 IN Page 240 September 8, 2015 PROGRAM INCOME AND ACCEPTING AN ADDITIONAL ALLOCATION IN THE AMOUNT OF $95,884 FOR FISCAL YEARS 2014/2015 FOR THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM Item #16D11 FIVE (5) LANDLORD PAYMENT AGREEMENTS THAT WILL ALLOW THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESS PREVENTION PROGRAM THROUGH THE COUNTY'S EMERGENCY SOLUTIONS GRANT PROGRAM Item #16D12 RESOLUTION 2015-165: PROVIDING AFTER-THE-FACT APPROVAL TO SUBMIT THE SHIRLEY CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $108,728 TO THE FLORIDA COMMISSION FOR TRANSPORTATION DISADVANTAGED FOR PROCUREMENT OF ONE GLAVAL CUTAWAY TRANSIT VEHICLE Item #16D13 NECESSARY BUDGET AMENDMENTS, IN THE AMOUNT OF $2,836,694, FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2015-2016 BUDGET AS APPROVED IN THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS AND AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD HUD ENTITLEMENT AGREEMENTS UPON ARRIVAL Page 241 September 8, 2015 Item #16E1 RESOLUTION 2015-166: AUTHORIZING CANCELLATION OF 2015 TAXES ON FEE-SIMPLE INTEREST IN LAND THAT COLLIER COUNTY ACQUIRED BY WARRANTY DEED FOR CONSERVATION COLLIER WITHOUT MONETARY COMPENSATION Item #16E2 RATIFYING PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 15 Item #16E3 PURCHASE OF GROUP LIFE INSURANCE, ACCIDENTAL DEATH INSURANCE, LONG TERM DISABILITY INSURANCE AND SHORT TERM DISABILITY CLAIMS ADMINISTRATION SERVICES FROM AETNA IN THE ESTIMATED ANNUAL AMOUNT OF $403,271, A SAVINGS OF $194,567 Item #16E4 RECOGNIZING INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATING FUNDS FOR THE TOTAL AMOUNT OF $456.42 Item #16E5 Page 242 September 8, 2015 AUTHORIZING THE COUNTY MANAGER AND STAFF TO USE FEDERAL GSA SCHEDULES (I.E., SCHEDULE 70 AND 1122 PROGRAM), STATE OF FLORIDA CONTRACTS, AGREEMENTS AND PRICE LISTS, COMPETITIVELY SOLICITED CONTRACTS BY US COMMUNITIES, WESTERN STATES CONTRACTING ALLIANCE, NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA), NATIONAL JOINT POWERS ALLIANCE (NJPA) PUBLIC PURCHASING CONSORTIUMS, COMPETITIVE SOLICITATIONS FROM STATE OF FLORIDA CITIES, COUNTIES, AND OTHER PUBLIC MUNICIPALITIES (I.E., SHERIFF'S ASSOCIATION; TRANSIT CONSORTIUM BUS PROCUREMENT CONTRACT; LIBRARY PURCHASING COOPERATIVE CONSORTIUM) FOR THE EFFICIENT PURCHASE OF GOODS AND SERVICES FOR THE DELIVERY OF PUBLIC SERVICES AND FOR WHICH FUNDS WERE APPROVED IN OPERATING BUDGETS; AND AUTHORIZE THE COUNTY MANAGER OR THE DESIGNEE TO SIGN USER AGREEMENTS OR CONTRACTS ASSOCIATED WITH THESE PURCHASES Item #16E6 ACCEPTING THE DONATION OF LABOR AND MATERIALS FROM COLLIER BUSINESS INDUSTRY ASSOCIATION (CBIA) MEMBERS TO IMPROVE THE GOLDEN GATE SENIOR CENTER, A/K/A THE OLD GOLDEN GATE LIBRARY Item #16E7 Page 243 September 8, 2015 THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS COMPENSATION, AIRCRAFT, AIRPORT AND OTHER INSURANCE COVERAGE FOR FY 2016 IN THE ANNUAL AMOUNT OF $944,837, A REDUCTION OF $23,245 Item #16E8 AN ASSUMPTION AGREEMENT WITH CRAFTMASTER HARDWARE, LLC AS IT RELATES TO REQUEST FOR QUOTE #13-6071 TO PROVIDE COUNTYWIDE LOCKSMITH, HARDWARE, PARTS AND EQUIPMENT FOR COUNTY FACILITIES Item #16E9 THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR 2016 IN THE ESTIMATED AMOUNT OF $423,751 Item #16E10 — Moved to Item #11L (Per Agenda Change Sheet); Then to remain on the Consent Agenda RECOMMENDATION TO AWARD ITB #15-6474, "MEDICAL DIRECTOR (PART A) FOR COLLIER COUNTY AND EMPLOYMENT PHYSICALS & DRUG TESTING (PART B)" TO ADVANCE MEDICAL CENTER, LLC. Item #16E11 RECOGNIZING AND APPROPRIATING REVENUE FOR SPECIAL SERVICES TO THE FACILITIES MANAGEMENT DIVISION COST CENTER AND APPROVE ALL NECESSARY Page 244 September 8, 2015 FISCAL YEAR 2014-2015 BUDGET AMENDMENTS Item #16E12 AN ASSUMPTION AGREEMENT FROM UNI-SELECT USA, INC., TO IEH AUTO PARTS, LLC D/B/A AUTO PLUS AUTO PARTS, AS IT RELATES TO ITB#13-6058 "FILTERS FOR FLEET VEHICLES" AND #15-6380 "ORIGINAL EQUIPMENT MANUFACTURER AND AFTERMARKET PARTS FOR FLEET PARTS, ACCESSORIES, AND TOOLS" Item #16E13 — Moved to Item #11G (Per Agenda Change Sheet) Item #16E14 ASSIGNMENT OF LEASED OFFICE SPACE AT THE PORT OF THE ISLANDS MARINA FROM THE ISLANDS MARINA, LLC AND PORT OF THE ISLANDS PROPERTIES, LLC TO PREPMAC, LLC Item #16F1 — With Changes to Agenda Item #16F1(C) from the August 11, 2015 Absentia Meeting (Per Agenda Change Sheet) RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD"S SCHEDULED RECESS. (IN ABSENTIA MEETING(S) DATED JULY 21, 2015; AUGUST 11, 2015; AND AUGUST 25, 2015) July 21, 2015 Page 245 September 8, 2015 Item #16F1A CHANGE ORDER NO. 2 TO CONTRACT #13-6164, WORK ORDER #4500158367 WITH HOLE MONTES, INC., TO ADD SIXTY (60) ADDITIONAL DAYS FOR CONSTRUCTION SERVICES FOR THE KIRKWOOD ALLEY STORMWATER IMPROVEMENT (PROJECT #60140) August 11, 2015 Item #16F1A CHANGE ORDER NO. 2 TO CONTRACT #15-6416, WITH QUALITY ENTERPRISES USA, INC., TO ADD SIXTY (60) ADDITIONAL DAYS FOR CONSTRUCTION SERVICES FOR THE WIGGINS PASS CHANNEL INTERIM DREDGING (PROJECT #80288) Item #16F1B RESOLUTION 2015-150: APPROVING A 1-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS FOR FY 2015-2016 INCLUDING REPROGRAMMING FUNDS FROM PREVIOUS YEARS FOR CDBG; AUTHORIZING THE CHAIR TO EXECUTE REQUIRED U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATIONS, AN SF 424 APPLICATION FOR FEDERAL ASSISTANCE AND TRANSMITTAL TO U.S. DEPARTMENT OF URBAN DEVELOPMENT — RATIFIED BY BCC SEPTEMBER 8, 2015 Page 246 September 8, 2015 Item #16F 1 C SUBSTANTIAL AMENDMENTS TO THE COLLIER COUNTY U. S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ANNUAL ACTION PLANS FOR FY2006-2007, FY2008-2009, FY2009-2010 AND FY2011-2012 THROUH FY2014-2015 AND ASSOCIATED AGREEMENTS AND AMENDMENTS Item #16F1D PAYMENTS TO PENDING NAMED RECIPIENTS FOR SHIP PURCHASE ASSISTANCE PROGRAM AND THE EMERGENCY SOLUTIONS GRANT RAPID RE-HOUSING & HOMELESSNESS PREVENTION PROGRAM; AND VALIDATING A PUBLIC PURPOSE FOR PAYMENT MADE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #16F 1 E MISCELLANEOUS CORRESPONDENCE Item #16F 1 F A REPORT TO THE BOARD REGARDING INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER END JUNE 30, 2015 Item #16F 1 G INVOICES PENDING BOARD APPROVAL FOR PAYMENT 8/11/2015 (IN ABSENTIA MEETING) Page 247 September 8, 2015 August 25, 2015 Item #16F 1 A AN EXCAVATION PERFORMANCE AGREEMENT AND EXCAVATION PERFORMANCE BOND FOR KALEA BAY, APPLICATION NUMBER PL20150001749 AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS Item #16F 1 B AN EXCAVATION PERFORMANCE AGREEMENT AND PERFORMANCE BOND FOR MONTIANO, APPLICATION NUMBER PL20140002750 AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS Item #16F 1 C CONTRACT #14-6213-28, CHANGE ORDER NO. 1 WITH DOUGLAS N. HIGGINS, INC. FOR THE TIME-AND-MATERIAL AMOUNT NOT TO EXCEED $289,532, DUE TO UNFORESEEN CONDITIONS ON THE BAY COLONY SHORES FIRE MAIN CONVERSION PROJECT (PROJECT NO.71010) Item #16F 1 D SUSPENDING ANY WORK UNDER CONTRACTS AND NEW CONTRACTS WITH AL BENARROCH D/B/A AFFORDABLE LANDSCAPING SERVICES AND DESIGN LLC AND Page 248 September 8, 2015 WITHHOLDING PAYMENTS THERE UNDER, PENDING A FINAL REVIEW AND RECONCILIATION OF CERTAIN ACTION UNDERTAKEN BY THE VENDOR, SUBJECT TO PENDING CRIMINAL PROCEEDINGS AGAINST AL BENARROCH, EXPIRATION OF THOSE CONTRACTS AND/OR FUTURE RECOMMENDATIONS TO TERMINATE THOSE CONTRACTS BY THE PROCUREMENT SERVICES DIRECTOR Item #16F 1 E MISCELLANEOUS CORRESPONDENCE Item #16F 1 F INVOICES PENDING BOARD APPROVAL FOR PAYMENT 8/25/2015 (IN ABSENTIA MEETING) Item #16F2 RESOLUTION 2015-167: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F3 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY Item #16F4 Page 249 September 8, 2015 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $349,048,090.84 OF UNSPENT FY 2015 GRANT AND PROJECT BUDGETS INTO FISCAL YEAR 2016 Item #16F5 — Moved to Item #11H (Per Agenda Change Sheet) Item #16F6 — Moved to Item #11I (Per Agenda Change Sheet) Item #16F7 —Moved to Item #11J (Per Agenda Change Sheet) Item #16F8 — Moved to Item #11K (Per Agenda Change Sheet) Item #16G1 A LIST OF RANKED ENGINEER/DESIGN PROFESSIONALS FOR RFP #15-6382-2, "GRANT FUNDED PROFESSIONAL SERVICES FOR AIRPORTS," AUTHORIZE STAFF TO NEGOTIATE CONTRACTS WITH TOP RANKED FIRMS FOR SUBSEQUENT BOARD APPROVAL, AND MAKE A FINDING THAT THIS ITEM PROMOTES FUTURE DEVELOPMENT OF THE COUNTY'S THREE AIRPORTS — FOR NEGOTIATIONS WITH HOLE MONTES, ATKINS NORTH AMERICA, INC. AND AVCON, INC. Item #16H1 RESOLUTION 2015-168: APPOINTING MICHAEL SEEF TO CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE TO SERVE THE REMAINDER OF A VACANT TERM EXPIRING FEBRUARY 11, 2017 Page 250 September 8, 2015 Item #16H2 RESOLUTION 2015-169: APPOINTING MAURICE R. RAKESTRAW TO THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY TO THE TERM EXPIRING DECEMBER 31, 2019 Item #16H3 AUTHORIZING THE ADVERTISEMENT OF A PROPOSED ORDINANCE THAT WOULD BE EFFECTIVE JANUARY 1, 2016 AND WOULD ALLOW THE COUNTY TO ENFORCE POSTING PUBLIC AWARENESS SIGNS AT ADULT ENTERTAINMENT AND MASSAGE/BODYWORK ESTABLISHMENTS TO ALERT EMPLOYEES AND PATRONS TO THE REMEDIES AND PROTECTION RELATED TO HUMAN TRAFFICKING Item #16H4 RESOLUTION 2015-170: APPOINTING SGT. JOSE CARRILLO REPRESENTING COLLIER COUNTY SHERIFF'S OFFICE (A TERM EXPIRING NOVEMBER 5, 2017) AND ALBERT GOODALL REPRESENTING THE AMERICAN RED CROSS (TO REMAINDER OF A TERM EXPIRING NOVEMBER 5, 2018) TO THE COLLIER COUNTY CITIZENS CORPS Item #16H5 RESOLUTION 2015-171 : REAPPOINTING CHARLETTE ROMAN AND STAN CHRZANOWSKI (ENVIRONMENTAL CATEGORY) TO THE COLLIER COUNTY PLANNING COMMISSION WITH TERMS EXPIRING OCTOBER 1, 2019 Page 251 September 8, 2015 Item #16H6 BOARD OF COUNTY COMMISSIONERS TO REIMBURSE COMMISSIONER HILLER FOR LEGAL FEES INCURRED IN SUCCESSFULLY DEFENDING AGAINST TWO ETHICS COMPLAINTS — COMMISSIONER HILLER ABSTAINED FROM VOTING Item #16I1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED — Page 252 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS September 8, 2015 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. CLERK OF COURTS: 1) Items to be Authorized by BCC for Payment: B. DISTRICTS: 1) Heritage Bay Community Development District: Meeting Agenda 05/20/2015 (05/07/2015 Continuation) Meeting Minutes 05/20/2015 (05/07/2015 Continuation) 2) Heritage Greens Community Development District: Meeting Agenda 05/18/2015; 07/20/2015 Meeting Minutes 05/18/2015; 07/20/2015 3) The Quarry Community Development District: Resolution 2015-02, amending Resolution 2015-01, rescheduling the FY15/16 Public Budget Hearing from July 10, 2015 to August 14, 2015 C. OTHER: 1) Southwest Florida Regional Planning Council: FY16 Southwest Florida Regional Planning Council Adopted Budget September 8, 2015 Item #16J1 THE USE OF $500 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE FLORIDA MISSING CHILDREN'S DAY FOUNDATION — TO RAISE AWARENESS AND EDUCATE THE PUBLIC ON CHILD SAFETY AND ABDUCTION PREVENTION Item #16J2 BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FEDERAL FISCAL YEAR 2015 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM, AUTHORIZE THE CHAIRMAN TO EXECUTE THE CERTIFICATION OF PARTICIPATION, DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS Item #16J3 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE BANYAN WOODS MASTER ASSOCIATION, INC. — A DEVELOPMENT LOCATED OFF AIRPORT PULLING ROAD Item #16J4 — Moved to Item #13A (Per Agenda Change Sheet) Page 253 September 8, 2015 Item #16K1 A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT OF $5,000 AS A GLOBAL SETTLEMENT FOR PARCELS 152SE AND 152TCE2 IN THE EMINENT DOMAIN LAWSUIT STYLED COLLIER COUNTY V. MODELYNE JEAN GILLES, ET AL., CASE NO. 14-CA-764 (COLLIER BOULEVARD PROJECT NO. 68056) (FISCAL IMPACT: $3,524) Item #16K2 A JOINT MOTION FOR FINAL JUDGMENT IN THE AMOUNT OF $55,000 FOR FULL COMPENSATION AS WELL AS $8,517 IN STATUTORY ATTORNEY'S FEES, EXPERT FEES AND COSTS FOR PARCEL 161RDUE IN THE CASE STYLED COLLIER COUNTY V. TARA CHAPIN, ET AL., CASE NO.15- CA-319 REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE BOULEVARD (PROJECT NO. 60040) FISCAL IMPACT: $23,822.50 Item #16K3 AMENDING AN AGREEMENT FOR LEGAL SERVICES RELATED TO THJE RETENTION AGREEMENT WITH ALLEN, NORTON & BLUE, P.A., INCREASING THE RATES CHARGED PER HOUR FOR PARTNERS AND ASSOCIATES — INCREASES THE HOURLY RATE TO $235.00 PER HOUR FOR A 2008 AGREEMENT TO PROVIDE SPECIALIZED LEGAL SERVICES Item #16K4 Page 254 September 8, 2015 COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND SECTION FIFTEEN OF THE BOARD'S PURCHASING ORDINANCE (ORDINANCE 2013-69, AS AMENDED), TO CONFORM COUNTY PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS TO RECENT CHANGES IN LAW Item #16K5 COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND THE BOARD'S MEETING ORDINANCE (ORDINANCE NO. 75-16, AS AMENDED), TO PROVIDE FOR ELECTRONIC MEETINGS DURING WHEN A QUORUM OF THE BOARD IS UNABLE TO MEET AT THE COLLIER COUNTY GOVERNMENT CENTER DUE TO EXTRAORDINARY CIRCUMSTANCES Item #16K6 JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT OF $90,000 FOR FULL COMPENSATION, AS WELL AS $13,882 IN STATUTORY ATTORNEY'S FEES AND EXPERT FEES, FOR PARCEL 162RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. LEE MCCASKEY A/K/A LEON MCCASKEY, ET AL., CASE NO. 15-CA-152 REQUIRED FOR ROADWAY AND RELATED IMPROVEMENTS ON GOLDEN GATE BLVD, PROJECT NO. 60040, AND APPROVE THE PAYMENT OF ATTORNEY'S FEES FOR SUPPLEMENTAL PROCEEDINGS IN AN AMOUNT NOT TO EXCEED $5,000. (FISCAL IMPACT: 36,687.50) Page 255 September 8, 2015 Item #16K7 A BUDGET AMENDMENT FOR PAYMENT FOR UNANTICIPATED LITIGATION SUPPORT SERVICES BY PROFESSIONAL REAL ESTATE APPRAISAL EXPERTS FOR THE ORDER OF TAKING HEARINGS FOR THE GOLDEN GATE BOULEVARD WIDENING PROJECT NO. 60040 IN AN AMOUNT NOT TO EXCEED $812.50. FISCAL IMPACT $812.50 — FOR DOCUMENTS PRODUCED BY WILCOX APPRAISAL SERVICES, INC. AND ADDITIONAL WORK BY KENNETH DEVOS, MAI, SRA Item #16K8 AN AGREEMENT WITH LEXISNEXIS TO PROVIDE ONLINE LEGAL RESEARCH SERVICES TO COUNTY ATTORNEY'S OFFICE, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT — A 3-YEAR AGREEMENT WITH $6,348 FOR THE FIRST YEAR, $6,538 FOR THE SECOND YEAR AND $6,735 FOR YEAR THREE Item #16K9 — Moved to Item #12A (Per Agenda Change Sheet) Item #16K10 THE COUNTY ATTORNEY'S OFFICE TO FILE AN OFFER OF JUDGMENT (SETTLEMENT OFFER) TO PLAINTIFFS ALAN AND GAIL TORTOLANI IN THE LAWSUIT STYLED ALAN R. TORTOLANI AND GAIL S. TORTOLANI V. COLLIER COUNTY (CASE NO. 14-CA-002017), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND Page 256 September 8, 2015 FOR COLLIER COUNTY, FLORIDA Item #17A RESOLUTION 2015-172: PETITION VAC-PL20150001030, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THREE (3) UTILITY EASEMENTS AS SHOWN AND RECORDED IN OFFICIAL RECORD BOOK 4101, PAGE 701, OFFICIAL RECORD BOOK 4171, PAGE 634 & OFFICIAL RECORD BOOK 5065, PAGE 1479 AND TWO (2) DRAINAGE EASEMENTS AS SHOWN AND RECORDED IN OFFICIAL RECORD BOOK 5121, PAGE 1593 & OFFICIAL RECORD BOOK 5121, PAGE 1734, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17B RESOLUTION 2015-173: PETITION VAC-PL20150000772, TO VACATE A PORTION OF THE CONSERVATION EASEMENTS AS RECORDED IN OFFICIAL RECORD BOOK 5081, PAGES 3259 THROUGH 3274, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17C RESOLUTION 2015-174 (DISTRICT I) & RESOLUTION 2015-175 (DISTRICT II): APPROVING PRELIMINARY ASSESSMENT Page 257 September 8, 2015 ROLLS AS THE FINAL ASSESSMENT ROLLS AND ADOPTING THE SAME AS NON-AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENTS LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND AND THE CITY OF EVERGLADES CITY PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED (REVENUE ANTICIPATED: $21,572,800) Item #17D ORDINANCE 2015-47 AND RESOLUTION 2015-176: AN ORDINANCE REPEALING ORDINANCE NO. 2013-70 AND A RESOLUTION REPEALING RESOLUTION 2013-292, BOTH RELATED TO DISSOLVING THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT (MSBU) Item #17E RESOLUTION 2015-177: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Page 258 September 8, 2015 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:07 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIM NANCE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK atti,f, ai s Attest as t signaturetonly,,- These minutes approved by the Board on pp y Yd "13,Zblc as presented or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 259 I, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Hiller, Georgia A. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail WHICH I SERVE IS A UNIT OF CITY COUNTY CI CITY IXCOUNTY CI OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Naples Collier Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS September 8, 2015 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7 010(1)(f),F A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Georgia A. Hiller , hereby disclose that on September 8, 20 15 (a)A measure came or will come before my agency which(check one or more) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Reimbursement of legal fees incurred in the successful defense of ethics violation complaints (see attached) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. CI / 7 I Date Filed Sign. . e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34.7.010(1)(f).FA.0