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Agenda 06/22/2010 Item #16A 4 Agenda Item No. 16A4 June 22, 2010 Page 1 of 45 EXECUTIVE SUMMARY Recommendation to approve, and authorize the Chairman to sign, a Job Creation Investment Program Agreement with Guadalupe Center, Inc., consistent with the provisions of the Job Creation Investment Program and the company's approved incentive application OBJECTIVE: Recommendation that the Board of County Commissioners (Board) approve, and authorize the Chairman to sign, a Job Creation Investment Pro!,'Tam Agreement with Guadalupe Center, Inc" consistent with the provisions of the Job Creation Investment Program and the company's approved incentive application. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003-60 establishing the Job Creation Investment Pro!,'Tam, The program is available to targeted companies that desire to relocate or expand within specified areas of Collier County and is designed to reduce the economic etIects of relocation and/or expansion costs, The Program has specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. On October 15,2004, Guadalupe Center, Inc. submitted an application to be considered for the Job Creation Investment Program for new jobs being created related to the expansion of the child education center in Immokalee. The application was approved by the Board on January 25, 2005 (Item 10F). The company proposed to create 25 new jobs at 50% (or greater) of the then current Collier County private-sector average wage ($17,845), with 21 jobs to be in place by December 31,2006 and the remaining 4 to be in place by December 31, 2007. Due to delays in construction and required mold remediation, on June 12,2007, the Board extended the date t()f all 25 jobs to be in place to December 31,2009 (Item lOA). The company has created 25 new jobs, with an average wage of more than $30,000 annually, which have been audited and verified and have met the requirements to participate in the program. Collier County Job Creation Investment Program funds are paid in equal payments over three consecutive years following creation and retention of the jobs. Therefore, Guadalupe Center, Inc. is eligible for job creation funds for the 25 newly created jobs at $3,000 a job, totaling $75,000 to be paid over a three year period, beginning in Fiscal Year 2011. FISCAL IMPACT: The Guadalupe Center Inc. is eligible for the first payment of Job Creation Investment Funds, in the amount of $25.000, in Fiscal Year 20] I. This amount has been included as part of the proposed budget for the local Economic Incentive Pro!,'fams (Fund 001) for Fiscal Year 2011. ~- Each of the local Economic Incentive Programs are subject to the availability of funding, which is reflected in the Agreement that was prepared by the County Attorney's Office for Board consideration and approval. Provided that Guadalupe Center, Inc. continues to meet the eligibility requirements for the Job Creation Investment Program, and there is sufficient funding available, the remaining incentive payments are scheduled to be disbursed in Fiscal Year 2012 and Fiscal Year 20]3. Future payments Agenda Item No. 16A4 June 22, 2010 Page 2 of 45 will be disbursed only after the jobs are re-verified and audited for compliance with the Program requirements. GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan which states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversifY the County's economic base." LEGAL CONSIDERATIONS: The County Attorney worked with staff in the drafting of this Agreement, which is legally sufficient for Board action. -JAK RECOMMENDATION: Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Job Creation Investment Program Agreement with Guadalupe Center, Inc., consistent with the provisions ofthe Job Creation Investment Program and the company's approved incentive application. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Planning and Regulation, Growth Management Division Attachments: I) Proposed Agreement 2) Incentive Application 3) Board Minutes - January 25,2005 4) Extension Request Letter Item Number: Item Summary: Meeting Date: Agenda Item No. 16M June 22. 2010 Page 3 of 45 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve, and authorize the Chairman to sign, a Job Creation Investment Program Agreement with Guadalupe Center, Inc., consistent with the provisions of the Job Creation Investment Program and the companys approved incentive application. 6/22/20109:00:00 AM Prepared By Amy Patterson Community Development & Environmental Services Manager ~ Impact Fees & EDC Date Business Management & Budget Office 5128120102:39:43 PM Approved By Jeff Klatzkow County Attorney Date Approved By 611/20109:58 AM Nick Casalanguida Transportation Division Director ~ Transportation Planning Date Transportation Planning 6111201012:28 PM Approved By Norm E. Feder, AICP Transportation Division Administrator w Transportation Date Transportation Administration 6/1120104:01 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services 6/312010 10:48 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 6/11/20101:51 PM Approved By Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 6/11/20105:47 PM Agenda Item No. 16A4 June 22. 2010 Page 4 of 45 This space for recording JOB CREA nON INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ("Agreement") is entered into this _ day of ,20] 0, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Guada]upe Center, Inc., hereinafter referred to as "Emp]oyer," collective]y stated as the HParties." RECITALS: WHEREAS, on November ]8,2003, The Board of County Commissioners ("Board") enacted Collier County Ordinance No. 2003-60, commonly referred to as the Collier County Job Creation Investment Program Ordinance, codified as Article III of Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance;" and WHEREAS, the Ordinance provides that its purposes "are to: (I) provide a performance-based program offering financial relief for eligib]e targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (2) provide for the economic well being of Collier County residents by providing high-wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifYing the county's tax base;" and WHEREAS, to be considered eligible for approval under this Program, a business or project must meet all of the criteria of one of the following categories: (I) The business or project is located within Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 10 new full-time jobs paying an average wage of at least ] 15 percent of the County's current private-sector average wage; or (2) The business or project is located within the boundary of the Immokalee Rural Federa] Enterprise Community and creates a minimwn of five new full-time jobs paying an average wage equal to or greater than 50 percent of the County's current private-sector average wage; or (3) The business or project is a high impact project, located outside the enterprise community and Eastern Collier County; is within the targeted industry list of the Page] Agenda Item No. 16A4 June 22, 2010 Page 5 of 45 Economic Development Council of Collier County; and creates a minimum of 20 new full-time jobs paying an average wage equal to or greater than 150 percent of the County's current private- sector average wage; and WHEREAS, the Employer submitted an application to be considered for the Program for the expansion of their education center in Immokalee, Florida, and a copy of this application is on file in the Impact Fee Administration Office of the Community Development and Environmental Services Division; and WHEREAS, the County Manager, or his designee, having reviewed the application and, based on the representations therein, found that it complied with the requirements outlined and set forth in the Ordinance, hereby recommends approval; and WHEREAS, the Employer has been successful in creating 25 new, qualifying jobs, and is committed to maintaining those jobs, as required by the Program. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The legal description of the business or project is attached as Exhibit "A", and is incorporated by reference herein. 3. This Agreement will commence upon execution by the County, and will terminate on the third anniversary of the first Program payment 4. The Employer is hereby awarded the sum of $75,000.00, representing $3,000.00 per new full time job created. The funds will be paid in equal installments over a three- year time period, at the beginning of each fiscal year, following the date the newly created jobs are in place and verified by the County Manager or his designee. Should at any time over the term of this Agreement the number of qualifying jobs is less then set forth in the application, then the County Manager or his designee may authorize a lesser sum be paid based on the actual number, provided that the actual number meets or exceeds the minimum number of qualifying jobs set forth in the Ordinance. This award is subject to funding availability for each fiscal year. The Employer Page 2 Agenda Item No 16A4 June 22, 2010 Page 6 of 45 understands that the Ordinance will expire and be void on October I, 2013, unless continued by a vote of the Board prior to this date, and as such, the installment payments hereunder could be discontinued as welL 5, An annual review for compliance under this Agreement shall be performed by the County to determine whether there has been good faith compliance with the terms of this Agreement. Employer shall give the County reviewer full access to its business records and business premises as required to certifY the created jobs. If the County Manager or his designee finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County, Employer shall be given 10 business days prior written notice of any review. In addition to an annual review, within 10 business days from the County's written request, the Employer will provide the County with all requested documentation required to verifY compliance with the terms of the Ordinance or this Agreement. 6. Neither the payment of funds, nor this Agreement, may be transferred, assigned, credited or otherwise conveyed without prior written approval from the County, which approval may be freely withheld. 7. In the event the Employer is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to the Employer, the Board may bring a civil action to enforce this Agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. By way of example and not as a limitation, this Agreement will be in substantial breach upon the following events; (1) any change in the status of the business or project such that it no longer meets the required Program criteria; (2) failure to fully comply with all reasonable requests during any County review conducted pursuant to this Agreement; and (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application. 8. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by the Employer. Page 3 Agenda Item No. 16M June 22, 2010 Page 7 of 45 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: , Deputy Clerk By: FRED W. COYLE, Chairman Page 4 AS TO GUADALUPE CENTER, INe. a Florida Non Profit Corporation WITNESS: s~4J~dl' lJloVla ~t1)~ Printed Name STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16A4 June 22. 2010 Page 8 of 45 By~~h:'ltC ~7C. BARBARA OPP HElM, President The foregoing instrument was acknowledged before me this I 7 IH day of /l14j , 20]0, by BARBARA OPPENHEIM, as President of GUADALUPE CENTER, INe. who isl!fErsonally known to mpor has produced as identification. [NOTARIAL SEAL] CD -.mll..- ...., NIIlc . ....." ........ . 1Ir..........,., 11. 2814 r r . . ..__ ~~~"~7?z.m 1/ ~L ~,.... 'hI t..-.!ly Jeffrey A. Klatzkow A-~,,"M. County Attorney I' ({; rft~ - '.:.-f.iY. . '..1.L [..1"/(1 Signature of Person Taking Acknowledgment Recommend Approval: a~ f~u-urJ Amy Pa rson, Manager Impact Fee and Economic Development Manager Page 5 Agenda Item No 16A4 June 22, 2010 Page 9 of 45 EXHIBIT "A" OWNERSHIP ADDRESS LEGAL DESCRIPTION Tract "C" of Collier Village, a subdivision, pursuant to the plat recorded in Plat Book 17, Pages 60,6] and 62, Public Records of Collier County, Florida, Guadalupe Center, Inc. 509 Hope Street Immokalee, FL 34108 Page 6 ,. . Agenda Item No. 16A4 June 22, 2010 Page 10 of 45 Economic Stimulus Program Recommendation Form for ~~, ->";'1-' Guadalupe Center, Inc, ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY. GOLDEN GATE IMMOKALEE . MARCO ISLAND (Name of Business) 1, Economic Stimulus Programs: 2L Broadband Infrastructure Investment 2L Fast Track Permitting 2L Fee Payment Assistance ~ Job Creation _ Property Tax Stimulus 2. Collier County's company location: _ High Impact Area Eastern Area ~ RuraTFederal Enterprise Zone Immokalee 3. Project qualifications: Number of current Collier County employees: 30 Number of new jobs resulting from project: 25 Total retained and new jobs: 55 Avg. Wage: $24.586 Avg. Wage: $17,845 Avg. Wage: $21.215 4. Schedule of incentive funds requested by county fiscal year, estimated pay-out for local incentives: Local Incentives 200412005 2005/2006 2006/2007 2007/2008 Job Creation $0 $24,000 $39,000 $12,000 Broadband Infrastructure $0 $8,300 $8,300 $8,400 Fee Payment Assistance $219,075 $0 $0 $0 TOTAL $75,000 $25,000' $219,075.' $319075 TOTAL INCENTIVES . The total eligible award can not exceed cost of the broadband Infrastructure fees. .. The total eligible award can not exceed amount of the impact fees. 5. Economic Development Council of Collier County, recommendation: U -~~ Tammie Nemecek, Executive Director Monic Biondo, Incentives Coordinatior \\. s.o4 Date Date . ~. ~-.__..,_.,." .,..~._--'"----- Agenda Item No. 16A4 , ,.,. ~-'"-'. ..".. .J;;.....2,2...2O.J'O"._, / Page 11 of45 . ..... I ..... I ::COi',OtAIC DEVE~CP;""\ENT COUNC!L CF COLl;!:;? C:)~,~JTY ""i;",?JS, F_.CR'n/. _:"!:R(;L.:',Jc;, ::,ry ::~C~:':"E~~ :,;.~;t .M.^....,QK/.,_E'E . 'Y\ARC2 ~:,'--:."..:: ,-- COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses t;~/ If'.nter: The. Name of Business :;'\"1"'''',\ \ GUdi\l1l U\.; C(AL,*_'t(j=~w,~f/~L( (J2~"" Project itle (1-5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989. FAX (239) 263-6021 www...NaplesFlorida.com - ~ . --- . - -.. - 't---;- - - ~ - - --~;-;; - , . I':, J. .~ ~ '"'::f;':-t<:, 4 ,~,' -::' ":. 'f ~ . . '. ,'. ' . '., - - - ~ - --~~....... - - ~---- - ..:.tL~~. __ ____ _~_"'-'" "'.ol ..... Agenda Item No. 16A4 ...._'_...,,-".._..'"'._..._.,._."~..._..... ......., ..._--....,..,...~.,..,--~~*~.... EmP-!2,yer Identification BUSINESS INFORMATION: 1. a) Name of Business Unit: ~c. b) Mailing Address: T O. '-Box 1053, 'J::i;nrnct;:alef:.,"h. 34/1-:3 c) Name of Parent Company (if applicable):_. --------"......-.-..----.-.-----.--. d) Primary business unit contact: Name: 111zl Title~t___.___.._._.___. Compan}': Addres Phone: Email ili Website: \. e) Business unit's federai employer identiftcation number: 6q - 2.J.J1:J {51 f) Business unit's unempioyment compensation Identtfication number: /J/fr g) Business unit's Florida saies tax registration number:ZI-m-02tXJ2b -5-1 h) Business unit's Collier County occupational license number. QbZb,-rz_ i) List NAICS codes of all activities of the business unit:..lR.2. ZJ.-l-J..i:2. Lj:j i C~ 2." 3/C =3> Targeted Industry: I (Ylmc I'ydcc'. E n-j'c( p v'(';;;- 7,' "1:0 j) 2. a) Is the business unit minority owne~:.\y~p~ !J)1&Y30 b) If YES, explain;...._ ___ Business unit's tax year (example: Jan. 1 -- Dec. 31)~...b~ l:-_~.:3:? 3. Project Identificationllnformation 4. a) Is the business untt (please choose one): ... a new business unit to Collier County J<1 an expansion of an existing Collier County business unit b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit'? ..~ _____...._.......___._...__________.__......_ t existing CoWer County employees can:lc! tie ,ncluded :or consideration :n ce~alr: mcentivf' e'....,]':::'; Effective 08/01/04 ;:;age:.:' of " ..fif!!!f -- -- ._,.._....,...w.. .."-...'..-.-...--..-.....--.......-... Agenda Item No. 16A4 . .. ......~...JJJrlE.22 ?n 1 n Page 13 of 45 c) How many individuals are employed in ALL Florida locations? 51 5. d) How many individuals are employed in ALL domestic and international locations? . 51 ._________.__..... ~~~=-~ 6. Check the appropriate box and complete the line Item: X proje!505r~a~~ddress: mti:t1.. c.lLXin _ lee..:I:L,. - Project's proposed location address: ~c:.. 7. a) Located on Brownfield Site or in a Brownfield Area? YES ~ NO (If YES, please attach a copy of the official dooument that deslgnat&d this area 3S a. brownfield ar~3") b) Will project be locating or expanding in an Enterprise Zone? X YES If YES, which Zone: ;(Immokalee Everglades City -. NO 8. Please check the box that best defines your project. Answer a) AND b), if applicable: a).. , Multi-state business enterprise . Multi-national business enterprise b) J1( Regional headquarters office National headquarters office International headquarters office 9. Please estimate percentage of gross receipts or fg. al sales resulting from this project that will be made outside of Collier County: _ % outside of Florida: % 10. Project employment and wages: a) Total number of net, new full.time equivalent Collier County jobs created by the project at the business unit indicated above:...__..E __ _._ b) Are any employees being transferred from another Florida location? =YES .x:NO If YES, how many and from where? 11. a) Anticipated annualized average wage (not including benefits) of t':r.,new to Collier County jobs created by the project at the business unit: $_...l'l1J!:l{? - ______ (Cash performance bonuses and other cash payments to the employees, such as overtime, should be Included. The anticipated wage reported here is only an estimate of the average W<:!ge to be paid. The wage indicalllld in response to an Incentive attachment, If applicable, will be used in the certiflcation, <lgreement. and claim evaluation process.) b) Annualized average value of benefit.'i.~sociated with each new job created by the project at the business unit: $ b 1'35- ::=f:ect;ve aB/C" .04 ?age 3 of 7 .-- -.='= _...-._- -____1t_-"" ..----,--~.~:~~::~e ~~..l~~t Page 14 of 45 c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) r L , I Number of net, new full.time equivalent Collter County jobs created in business unit 'i Date by which those jobs will be created Phase ~ I II III TOTAL .-+- 25 12. a) Describe the capttal investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not in<rlude the value of la'1d, urchased for cony~;~~tM~~i~ new. - b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land (if applicable) Amount $:=2J I~,DOO Construction/Renovations Amount $ Manufacturing Equipment Am;~t~~ :~W:~ Other Equipment c) Estimated square feet of new or newly expanded facility:_.J1LooD 1!z./Q5 14. Anticipated date project will be in operation: 13. Antictpated date of beginning of construction for this project: Q/05 15. Project Information: ~cAkb~_ E gineeringFirt, ,~ntow~_~_~mJI ~cV"hcent gi'leer: r __~~l' _ . ~::t'~9;e;. pon . ~one rnfl.- ~)275~()775 Z .. ::100___ .~)5hJ~4-.flL__ mall: mal: mall: 51/Incent@q0Yl1-~J:Dm COrinrefler J@ 5Shimp@OW~-~- Fax: lB1)k~~.~~:::___~__1 . UJm Effective 08iO i .'~4 Page.. 0' i -~ .._-_.__.-e-.."-_..._~."_._,._.~."-_..-.~.. .._......:"3.e~.~~~~~~,.~~~_ Page 15 of45 Pro~ect Impact Information 16. What role will the incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) imc j')')issiOn Cfthe flu:ldalup:: Cetter,IY\c. is to.xr~ ! the pe:o~ Of .:nn111~b:,+iDndL:l. L_._ 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) ! See relow -"I I L I i ! b) Descrtbe any criminal or civil fines, or penalties, and any awards, j1hcre. haVe- Jx;en no C-l'v~'1 fJrClJ'n,inatffrres, 1hc.6.uatfalupc , I ~ is ~u:Hhe~ ~ugni=#d fur/hl.'fj<ftI,1zj of i/5 L-PYD0vam~~_ _ _ ...... ____ _ .__________ !he. E:t~\~ Cmkr Of- J:mrnokctee- ~ fwD foci I W#1 of wht'cn tl.y~ cte::;:qhal-to helP,1hc: ((J/')1mlM'lrhj r~Yld to jrowt11. Mttn0 ~YVO~ Dr fltU>(ers CtrYlve-.ln1nc: CommUJ1~ Imklng fmr WOrk a+1d hot- haVI!1t1 ~ ve:vUfU5.1h:: t.ruod/)Iupe Mer- GfftrS hot meals, Clot1il'~ aY1tf hot. ~\tVE6 a<j Irrlcn'm C$SI~, 1hc IDn1J-,tetYn,SJIu:fierl to h:J/iVlfj ilLtni 116 5irwvutlh pre ~c:thool UUtI Ctfrcr;.SAlcol-fufDr/yu;, CUld ~1T71V ~.~ aYvt'ccs ctflow oVeY JEl) pttt?nts W1)i: wH, k:.~r . cA1l'ldfm r~ CO%etiwrli1.0ihe~,a{ter31lo01 orctUYIVlfj hohd~~s 1h:. EJuadalUK ~ ah:D .~nS (1(:PW:drYlttfeJl.1 50 MuIis 1 n -ugleJl UA1u{ voCtttiOnOJ ~db, tervnith~ 1firn -bpv:;dC ftW Or ~ybS. l16t.-tt1et:;uakl~ ~t{iY)ptnp /g h:.gh a;hOOI5/udtrls/fr~ \ g,.LO' 11" ~--~;E ~--",,_.... Effective 08/01.'04 :::>age 5:Jf 7 :.="';.'"="'===" _~~""""'='':::'--~-,;r',"",",,,=-''''''=Ci=,==~;';-'',="~,,*-~'''''''''''~_'~'~ ==~ .__~, .... ,=","","""",;,"~"'=~':':'-d'" ._.~_n~ ..- " -~ . Agenda Item No. 16A4 ." ."" .. ---~.._.........."_._._-_._,._- --'---.-j" O.--..,-zu IU ,.......-.- ~~._~..~......... ----,.-- lit L.L. . Page 16 of 45 Requirements -----..-. .,..i . i.,Fast. TraC!k P.ArmiHinnp,..t'\."".elID:l' ,--_....."..,..,~ as Mrs aftif31wo{ and. dun'f0 iht5~rnef;1fereb~T increa~i";'j hlUfholct inC1Jmc tLnd 3ivinq h'gh CLhPO/3)uJfeAs ~~ WOy.k .1hc qlAadalup:: Center a.l5o rerv-ants-the.- hlqh 2thcoi tutzw5 wrth COffcgr ~olarcnl'p5 fmrn112. ,ceo--b 1P~fi)D 1--tn~W!J enabliVl11he :tuAttT/s -tD~e ~- hllfh . 5i10oJ -tvRu1JY0 tu1d yefuyn -to -the: [()h1Ynunihj rvi!11 Iffldo<:;;flJp 1(ills . ..._-~~_._-,~.,_...."'".~..,'~.,.._'".,.. Agenda Item No. 16M -"",.- Jrme~ Page 17 of 45 Application Completed By: Con1ruilfY (Print or Type Title) 6J..uufa.~ (u-WIi1c. (Co pany) , (2?A) bS1-11 /J (Phone Number) (Z?fI) JS1-1112- (Fax Number) 10/15104- (Date) (Contact Person, if different) (E-mail Address, if different) (Address, tf different) (Phone Number, if different) I I.. EHectbe 08/C-:,04 Page "7 of ? I I'~-"""",=,;:;,,,,,,::--,, I , ...__m_".'...===.........."""= .-~==.:....";.:":::.,-""'_......,..,.-."-,,;,,,,.,.~:;;;.,'..,.,.,r.: To the best of my knowledge, the information included in this application is accurate. !J~ 'L VI be' ):Ji:'~ (SlgnaturEl)of Authorize fficer) . .' / =PYadent (Print or Type Title of Authorized Officer) hl,uzrM.JI1.{)f. (~,"UlC. (Company) ~) lh1-t.6b1 (Phone Number) ~) h51-ldt/b (Fax Number) loltslo+ (Date) EIIC .._--,^~.... "'<;;::;:= ~---,..-... Oct l~ O~ Ic:5~a ~GUadaIUP@ C@nt~r . 239-657-7712 Agenda Item No. 16A4 June 22, 2010 Page 10/1f;'l5 ~~ November 5, 2004 Economic Development Council of COmer County 3050 N. Horseshoe Drive, #120 Naples, FL 34104 Response to lrem 17a) - Economic Stimulus Program Application: The Guadalupe Center of Immokalee has two foci, both of which are designed to help the community respond to growth. Many farmwor1c:ers or laborers arrive in the community IooI<Ing for work and not having adequare resources. The Guadalupe Center offers hot meals, clolhlng and hot showers as inrerim assistance. The long-rerm solution to helping famihes is through pre-school care, after-school tutoring and summer camps, These services allow over 250 parents work while their children receive care during the day, after school or during holidays. The Guadalupe Cenrer also trains approximately 50 adults in English and vocational skills, permitting them to pursue new or better jobs. Last, the Guadalupe Center employs 18 high school students per year as tutors after school and during the summer, thereby Increasing household income and giving high school students meaningful work. The GUadalupe Center also rewards the high school tutors with college sd10larshlps from $2,000 to $8,000, thereby enabling the students to secure post-high school training and retum to the community with leadership skills. It is of vital importance to the Guadalupe Cenrer to receive the incentives through the Economic Stimulus Program in order to continue with our expansion plans, as well as to continue serving the community needs. For every dollar received through the incentive program, it is one less dollar that we need to request from our donors in order to provide all of the above-listed services, Very truly yours, Stanley Boynton PresJclent TIlt" G\.fAda.luT''' CelHcr oflmnlo"'.I"," 119 6,;7 7Tl! i~" :!}I;I (,~~ 199'1 rd lVJ /ojll t99~ t.\X lInO"lokak". FL J~ l,u !J9 t.'l7 "3tH lei ::W (j.1; ~KI(' fax 1.19 (157 77\1 tll'l iO() 1IUll: HI") . . Agenda Item No. 16A4 June 22, 2010 Page 19 of45 APPENDIX A GUADALUPE CENTER SUMMARY OF SERVICES - 2004 Service Provided Number of People Provided Service Daycare 107 children After-School Tutoring 100 children Soup Kitchen Meals 55,152 meals People Provided Clothing 3,869 people Hot Showers Provided 2,036 people Children's Back-to -School Shoes 530 pairs Thanksgiving Meals Provided 2,200 meals Children Provided Christmas Toys 800 children Number in Adult Education Classes 200 people Number enrolled in Pre-Vocational Classes 24 people People with Completed Courses 12 people People Given Vocational Tests 100 people . Financial Administration and Housing 1113/2005 . . Agenda Item No. 16A4 June 22. 2010 Page 20 of 45 APPENDIX B GUADALUPE CENTER BOARD OF TRUSTEES 2004-2007 1. Beuth, Phil - (Term Expires: August 2007) Retired President, Good Morning, America (ABC Television) . Lifetime International Ambassador of Variety Clubs of America . 12 year Board Member UNICEF . Board member DIFFA Design Industry Foundation Fighting Aids . Board Member Broadcasters Foundation . Ten year Trustee of Union COllege . The Urban League, 76 to 86 2, Braendle, Deborah CHAIR - (August 2007) President, Lyncx, LLC, minority-owned management consulting firm; retired executive of Dow Chemical Company Previous Board affiliations: . Advisory Board of Montclair University Cooperative Education Program . Placement Board of Kessler Institute Rehabilitation Center . Shelter for Abused Women and Children . Banbury Cross, a therapeutic equestrian center for handicapped Children Professional: Member of Society for Human Resource Management 3. Cobb, Denise - (August 2006) Consultant, station-owner, on-air talent Professiona I: . Media Venture Management - Member of Board of Directors & Secretary of the Boa rd . WTXL-TV (ABC), Tallahassee, FL - Owner and director of news and public affairs Volunteer: . Naples Children and Education Foundation (NCEF) - Trustee . Naples Winter Wine Festival - Chairman of Public Relations Committee . . . Agenda Item No. 16A4 June 22, 2010 Page 21 of 45 · Naples Illustrated Magazine - Advisory Board · Beneficiary Committee of the NCES - Chairman · NCEF Beneficiary's Media Relations Committee - Chairman · Ave Maria University - Leadership Committee 4. Hansen, Hal - (August 2005) Retired President Cargill Investor Services; President, HTH Viking Investor Current: . Union League of Chicago . Aiumni Board of Advisors - CARE USA . Member - Presbyterian Church Past: . Board of Overseers - CARE USA (1996-99) . Chairman, National Futures Association, Chicago, IL (1994-98) · Chariman, Futures Industry Association, Washington, DC (1992-94) . President, Cargill Investor Services, Chicago, IL (1979-98) · Member - Chicago Board of Trade (1979-98); Director (1987-89) · Chicago Mercantile Exchange (1979-98) · Kansas City Board of Trade (1979-98) · Cargill, Inc. - Various Management Positions (1958-98) 5, Herr, Doug TREASURER - (August 2006) Retired, Arthur Anderson; retired President, Herr's Inc, . Member of Steering Committee of Guadaiupe After-School Program 6. Jelks, Florence - (August 2006) Retired Principal, Collier County Public Schools . Collier Health Services, Inc., Board member . St, John Missionary Baptist Church in Immokalee 7. L1eb, Rochelle SECRETARY - (August 2006) Retired Teacher, Title I Resource Specialist, Collier County Public Schoois Current: 2 . . Agenda Item No. 16A4 June 22, 2010 Page 22 of 45 . Naples Free-Net . Naples Community Hospital Auxiliary (knit for newborns) · Audubon Society . Florida Trail Association Past: . Collier County Education Association · Florida Reading Association . Collier Reading Council · International Reading Association · Teachers of English to Speakers of Other Languages . National Council of Teachers of English 8. McCurdy, Jacke IMMEDIATE PAST PRESIDENT - (August 2005) Retired Vice-President, Joseph E. Seagram Professional: . SunTrust Bank, SW Region, Director Volunteer: . Philharmonic Center for the Arts, Naples FL, Director . Committee of 200, Member · International Women's Forum, Suncoast Florida Chapter, Member . SCORE (Service Corps of Retired Executives) Foundation 9, Marchetti, Ed - (August 2006) Founder, Pres/CEO, Chair of Board (retired) Office Environments of New England, a distributor of Steelcase office furniture in MA,ME,NH Board of Trustees for: . Dancker, Sellew 8< Douglas New York, NY . Office Furniture Rental Assoc, Hartford, Ct. . Pew-Merlottl Scholarship Fund Hartford, Ct. · Partner Swimex Corp., Warren, R.I. 3 . Agenda Item No. 16M June 22, 2010 Page 23 of 45 . 10. Matheus, Frantz - (August 2007) Teacher, Collier County Public Schools; Assistant Pastor · Haitians' Radio Broadcasting Association · Drug Alcohol Traffic Education Training . Marion Fether Health Clinic, Board member . Horeb Haitian Baptist Church, Board member · Echo Evangellque Radio Program, President 11. Moates, Bob - (August 2006) Vice President, Palmer Cablevision; Real estate auctioneer . Volunteering auctioneering talent to raise over $10 million for non-profit organizations since 1978 (such as Muscular Dystrophy, Multiple Sclerosis, Cancer, March of Dimes) Rotary Club, member and past president of local Naples Chamber of Commerce, member and past president Citizen's Community Bank, past Board member . . . 12. . . . . . . . . . Myers, Dick - (August 2005) Retired owner, Naples Dodge Akron Ohio Auto Dealer Association, Director (1970-72) Naples Area YMCA Florida Dodge Dealer Advertising Association Parks and Recreation Advisory Board, Member (1984-86) Naples Area Chamber of Commerce 20ltl Judicial District Florida Bar Collier County Fee Arbitration Committee, Member (1994-95) Naples Community Hospital Board Florida Bar 13. Ortiz, Lucy - (August 2005) Clinical Social Worker, Shelter for Abused Women · Florida Coalition Against Domestic Violence, Hispanic Caucus Chair . National Network on Behalf of Battered Immigrant Women . National Association of Social Workers (NASW), SWF Sub Unit 4 . . Agenda Item No. 16A4 June 22, 2010 Page 24 of 45 . Association for the Advancement of Social Work with Groups, Inc. . Immokalee Weed & Seed Steering Committee (2001) . Collier School Readiness Coalition (1998) . Pro Bono counselor, One Child At A Time Program of MHA (1998) · Immokalee Advisory Council of Domestic Violence (1997) · Immokalee Redevelopment Agency (2001) · Enterprise Zone Development Agency (1998) . St. Vincent de Paul Regional Seminary, Board Member (1992-1998) · National Advisory Committee, Campaign for Human Development (1990- 1993) . National Coordinator, Las Hermanas-USA (1989-1999) . South East Pastoral Institute (SEPI), Board member (1982-1986) · Redlands Christian Migrant Association (RCMA), Board member (1979- 1986) 14. Primus, Jeremiah - (August 2005) Retired Administrator, Collier County Public Schools Current: · Bethel AME Church . NAACP, active member of local chapter Past: National Association of School Administrative Personnel 15. Riddle, Melinda - (August 2006) Attorney in private practice · Collier County Legal Aid Board of Directors (founding member) . Teacher (catechist) at St. Peter Catholic Church . Process Review Board of the Diocese of Venice, Florida · Collier County Bar Association . Florida Bar . Indiana Bar Associations . Naples Alliance for Children . Shelter for Abused Women 5 . . Agenda Item No. 16A4 June 22, 2010 Page 25 of 45 16. Vasey, Roger - (August 2005) Executive Vice-president, Merrill Lynch; Managing Partner, Conyers Capital, LLC Current: . Managing Partner founder of Conyers Capital, LLC . President of the Merrill Lynch Scholarship Foundation . Founder & Trustee of The Vasey Foundation (primarily focused on scholarship funding for students in need at a number of universities and boarding schools, and sponsorship of a variety of youth oriented programs · University of Chicago, Graduate School of Business, Board Member . University of Missouri College of Business, Board Member Past: · Booz A lien Hamilton Inc. (1970-72) · A,G. Becker, Past Vice-President · Merrill Lynch & Co" Inc. (1979-2000) Past Exec. VP 17, Vatterott, John - (August 2007) Retired Founder, President of Vatterott College in St, Louis Current: · Cardinal Ritter College Prep High School, St. Louis MO, Board member · National Boys Hope/Girls Hope (national/international long term educational/residential care for youths-at-risk), Board member . Vatterott Foundation, Trustee . C.F, Vatterott & Co. (Real estate/construction/golf), St, Louis MO, Past: . National Catholic Council for Interracial Justice, Washington D.C., Member . Accrediting Commission - National Association for Trade and Technical Schools, Appeal panel member (1987-90) · Accrediting Commission for Career Schools and Colleges of Technology, Commissioner (1997-2000) . Owner S&U Investment Co. (Real estate), St Louis MO (1978) · First Service Bank, Crestwood MO, Board member/investor (2000) 6 . . Agenda Item No 16A4 June 22, 2010 Page 26 of 45 . St, Louis University High School (private boys' high school, city, Jesuit), St. Louis MO, Board member (1998) . Loyola Academy (boys' inner city middle school, Nativity model), St. Louis MO, Board member/officer (1999) . Today and Tomorrow Foundation (grantor of funds to eligible students attending private elementary schools), St. Louis MO, Board member (2002) 7 . . Agenda Item No. 16A4 June 22, 2010 Page 27 of 45 Internal Revenue Service District Director Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: September 13, 1999 Person to Contact: Ronnie Clemons #31-04020 Customer Service Representative Telephone Number: 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 59-2617151 Guadalupe Center, INC P.O. Box 1053 Immokalee, FL 34143.1053 Dear Madam: This letter is In response to your request today for a copy of your organization's determination letter, This letter will take the place of the copy you requested, Our records indicate that a determination letter issued in February 1986;' granted your organization exemption from federal income tax under section 501(c}(3} of the Iniemal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(aj of the Code because it is an organization described in sections . 509(a)(1) and 170(b)(1)(A)(vi). (his classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only If Its gross receipts each year are normally more than $25,000, If a retum is required, it must be filed by the 15th day of the fifth month after the end of the organiZation's annual accounting period. The iaw imposes a penally of $20 a day, up to a maximum of $1 0,000, when a return is filed late" unless there is reasonabie cause for the delay. All exempt organizations (unless specifically excluded) are liabie for taxes under the Federal Insurance Contributions Act (sociai security taxes) on remuneration of $100 or more paid to each employee dunng a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers. or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicabie provisions of sections 2055, 2106. and 2522 of the Code. . -2- . Agenda Item No. 16A4 June 22. 2010 Page 28 of 45 Guadalupe Center, INC 59-2617151 Your organization is not required to file federal income tax retums unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax retum on the Form 990-T. Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code, The law requires you to make your organization's annual retum available for public inspection without charge for three years after the due date of the retum. You are also required to make available for public inspection a copy of your organization's exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge onlfa reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could help resoive any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, . ~ ~ ;r/...L~_/ C. Ashley Bullard District Director Agenda Item No. 16A4 June 22, 2010 January 25pag~~of45 Item #lOF RECOMMENDATION TO APPROVE THE APPLICATION FOR THE JOB CREATION INVESTMENT PROGRAM, THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND THE FEE PAYMENT ASSISTANCE PROGRAM BY GUADALUPE CENTER, INCORPORATED AND PROVIDE FOR THE WAIVER TO PAY THE UPFRONT FIFTY-PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEES AT FINAL SITE DEVELOPMENT PLAN APPROVAL, BUT INSTEAD PAY ALL IMPACT FEES, IN FULL, AT ISSUANCE OF THE BUILDING PERMIT THROUGH THE FEE PAYMENT ASSISTANCE DEFERRAL AGREEMENT - APPROVED, AND TO WORK ON PROGRAM ELIGIBILITY REQUIREMENTS AT A JOINT MEETING WITH THE AIRPORT AUTHORITY MR. MUDD: lOF, and that used to be 16A6 and that is a recommendation to approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, and the Fee Payment Assistant Program by Guadalupe Center, Inc., and provide for the waiver to pay the up-front 50 percent of the estimated transportation impact fees at final site development plan approval, but instead, pay all impact fees in full at the issuance of the building permit through the fee payment assistance deferral agreement, and Mr. Joe Schmitt will present, but this was brought from the consent agenda to the regular agenda at Commissioner Henning's request. MR. SCHMITT: Good evening, Commissioners. Again, for the record, Joe Schmitt, administrator of community development/environmental services division. Aaenda Item No. 16A4 - June 22. 2010 January 25 Fa:;!<800:Jof 45 I won't reread what Jim just said, but this actually was heard by the board on December 14th, It was debated at the board. It is a non-profit organization. You debated that extensively, but the guidance that was given to the staff was to come back and define the structure of the 22 jobs, which we did in the executive summary, Average wage is $18,042, And based on that guidance and based on what we put in the executive summary, we completed the executive summary and enclosed it. I think there was -- we, as staff, probably did not get very clear guidance in regards how to deal with these 50 -- well, the 501C-3 organizations. We did get instructions from Mr. Mudd to come back and eventually amend the ordinance, the economic incentives ordinance, to clarifY that. But in the meantime, what we did is we put this executive summary together based on the guidance that we got from the board in regards to clarifying simply what we received was the issue in regards to the average wages. With me is Lois Ashton from EDC, and my staff, Amy Patterson and Denny Baker, to discuss any specifics in regards to the program, or how you want us to deal with these. CHAIRMAN COYLE: Commissioner Henning has a question. COMMISSIONER HENNING: Well, the last time it was up, it was a request for the broadband infrastructure, and it was denied 4-1, It wasn't approved, and a lot of the discussion was, not-for-profits do not pay property taxes, And the whole emphasis of the program is, the taxpayers be paid back by the property taxes, and in this case it would be the Agenda Item No. 16A4 June 22, 2010 January 25pa(ilE€JaJ'5of45 CRA also. But again, this property doesn't pay property taxes, so there's no increments there, MR. SCHMITT: That's correct. COMMISSIONER HENNING: And I believe that we're just opening up a can of worms on 501C-3s ofa -- providing an incentive basis on the basis that we thought that we were going to get paid back, and -- MR. SCHMITT: If! could just clarify. And not to debate this, but certainly it's the board's policy, the economic incentives when they were brought to this board, we never even addressed, of course, the 501 C-3 or the -- any of those type of programs. The issue really is that there are 22 jobs being created. And I ask the board not to overlook that fact that there are 22 jobs. Yes, it is a nonprofit organization, but barring any guidance or any directive in the current and existing ordinance, we're compelled to bring it to you, and if you want to provide further guidance, we'll either consider that -- we can consider that guidance, we can come back and amend our economic incentives, with -- we're at your lead. CHAIRMAN COYLE: The job creation credit is a different issue than what Commissioner Henning was referring to. MR. SCHMITT: Okay. CHAIRMAN COYLE: He's talking about broadband and the fee assistance program, fee payment assistance program that would not be paid back out of property taxes because there are no property taxes being paid, MR. SCHMITT: That's correct. CHAIRMAN COYLE: And that's why we created the program, so it would be self-sustaining, and that will not work in this particular case. I have no problem with dealing with the job credit because Agenda Item No. 16A4 June 22. 2010 January 25pa{;l~l?J<)of45 the jobs are real, the salaries are real, the people are investing money in the community as a result of the higher salaries, and they will have a higher standard of living themselves, so that's a very, very real contribution, and I can understand participation from the job standpoint. I'm not sure that I can support the broadband and the fee payment assistance program grant, however, because that really is nothing more than a subsidy coming straight out of the general fund. So we have four people who are -- who have registered to speak, correct? MS. FILSON: Yes, sir. CHAIRMAN COYLE: I would ask that if -- if you're -- is there one spokesman for the group that can deal with this issue or MS. FILSON: I don't think they're all here. CHAIRMAN COYLE: Oh, they're not all here. Okay. Let's start -- MS. FILSON: But I'll call their names. Stanley Boynton. He was going to be followed by Tammie Nemecek, and I don't believe she's here. CHAIRMAN COYLE: Okay, MS. FILSON: Lois Ashton, He's here? CHAIRMAN COYLE: She is, MS. ASHTON: I'm here. MS. FILSON: Oh, I'm sorry, Lois. It's getting late, And Melinda Riddle. CHAIRMAN COYLE: Okay. All right. Please. MR. BOYNTON: Thank you for the opportunity. My name is Stan Boynton, I'm the president of the Guadalupe Center. It's a pleasure to be here. I got here at nine o'clock in the morning to Agenda Item No. 16A4 June 22, 2010 January 2 5 fa~~llJ:Uof 45 make sure that I was here when you considered my measure. If I've learned one thing today, it's the members of the county commission certainly earn your salary. I congratulate you all. And I hope that I am the last measure -- or we are the last measure on your agenda today, CHAIRMAN COYLE: No, you're not the last one. MR. BOYNTON: Well, you have put in your hours today, ladies and gentlemen, This measure that we're considering addresses the means to strengthen the economy of eastern Collier County and an economy that, to a large degree, is a nonprofit economy. The Guadalupe Center of Immokalee has an annual income of$2.2 million this year, all of which, I might say, is privately raised. It's not publicly funded in any degree other than a small subsidiary that we receive in our child care center by the state. That's about 20 percent of the cost ofthe pre-school program, The rest of that money we raise ourselves from individual donors. On top of that, we are engaged in a fundraising effort for an expansion of our program, which led us to this particular measure. And the construction cost will be $5 million, which we are also raising privately. And all of those funds will be invested in the community. And as pointed out, this expansion will create specifically 22 new jobs, but I'd like to point out to the members of the commission that in our pre-school program, we have 107 children enrolled, we require all the parents to be working parents or we make one exception, you can be studying full time. Because we can accommodate no more children and we have 100 children's names on the waiting list, we're engaged in this expansion. That means another 102 children will be able to attend a year from now, which means, conceivably, that 204 more Agenda Item No. 16A4 June 22, 2010 January 2Spag<€)!M)of45 adults are working because of the service that we're providing. The real gain is not so much the 22 jobs that we create by employing people, but it's the hundreds of people that are allowed to work because of the childcare service, the pre-school services we provide. The project meets the terms of eligibility of grant. I have told the members of our staff -- we have 68 staff members. We have 18 trustees who come from Immokalee, Marco, Naples and Bonita Springs and I have told the 214 -- it said stop. I'm done? CHAIRMAN COYLE: That said stop. No, you can finish up if you'd like, just -- MR. BOYNTON: I only have a couple more points. CHAIRMAN COYLE: Okay. MR. BOYNTON: -- that the county commission was supporting us in this effort. It's an effort that we have engaged in as an organization, and I'm wondering when I go back what do I tell them, if this measure is denied, because this is a struggle for us. We feel we're making a significant contribution to the community, to the economy of Immokalee, which desperately needs it. Last, the expansion fulfills the spirit of the law, strengthening the economy of that region, and increasing the stability of the region, stable jobs, both directly and indirectly, home ownership, better students. Commissioner Coletta will recall that you and I met last week at a ground breaking ceremony for the Elogoral Place (phonetic) in Immokalee, And there was a statement by a future homeowner by the name of Barrita Jimez (phonetic), and she became very emotional in her statement to you and the other members -- other people in attendance, because it was the first time she was able to get a home. Agenda Item No. 16A4 June 22, 2010 January 2 5 ?a~EtlOOiof 45 And that young lady works for the Guadalupe Center. That's exactly what we're trying to achieve. We're trying to achieve good employment, homeownership, a stable community, and we would like to invite the commission to support us in that effort. In summary, do you want to create jobs in Immokalee? . I think you do. We certainly do. Do you want to change the rules retroactively? I don't think you do. We applied for this grant, we were considered to be eligible for these grants, and we have announced publicly in Immokalee that we are receiving these grants. It will be embarrassing, to say the least, that the county commission would decide not to support us in that regard, so I ask for your support, ladies and gentlemen, CHAIRMAN COYLE: Thank you very much. MR. BOYNTON: Thank you very much. MS. FILSON: Lois Ashton. MS. ASHTON: Thank you. For the record, I'm Lois Ashton with the Economic Development Council. It's hard to follow Stan. That was pretty emotive. And I think what he says is one of the reasons we should look very closely at how we go forward with this particular application. We do support their application for the incentives in the entirety that it was presented. There's a lot of reasons to consider their application just based on the services that they provide, But in addition to all of those services that they provide that wouldn't be available to the Immokalee residents if they weren't there, in addition to that, we need to look at maybe just the pure [mancial. And if they have currently 30 jobs at an average wage of $24,000 and they're adding 22 more jobs at an additional wage, their total economic impact is well over a million dollars just in salaries. If you add and factor into that also the capital investment Agenda Item No 16A4 June 22.2010 January 2spa(lfi)Z\l'Eof45 that they're making, they are contributing financially and the county will benefit because of the people who are taking advantage of their services. I found an interesting statistic today on the Internet. For every dollar spent by a nonprofit organization, $2.89 of economic activity statewide are generated. Now, that includes the type of services and the type of facilities that the Guadalupe Center presents, This was taken from Rollins College Nonprofit Philanthropic Center. They did a complete study on the benefits of nonprofits and what kind of contributions they make to a state or community. And for every dollar, you get $2.89. So I ask you to please consider that ratio. CHAIRMAN COYLE: Thank you very much, Next speaker? MS. FILSON: Your final speaker is Melinda Riddle. MS. RIDDLE: Good evening. I do have a lot of problems following Stan, both because of his eloquence and also his height, so if you'll bear with me here. I'm coming to you today both as a member of the community, having grown up in a community very similar to Immokalee, having many, many years ago attended the schools in Immokalee, but currently as a trustee of the board of trustees of the Guadalupe Center. And from what I can see about this issue, there's a couple of points. One being that the Guadalupe Center is not coming to you asking for a donation or a contribution. We take care of our fundraising separately; that's a separate issue. Guadalupe Center has submitted its application based upon guidelines that were prepared presumably with the board's policy and direction in place. The guidelines that are in place did not Agenda Item No. 16A4 June 22, 2010 January 2 5 pag~8J;Sof 45 disqualify Guadalupe from the -- these incentives. But most importantly, I think -- and I'm kind of echoing what everybody else has said -- the economic impact, I think, you can look at it one of two ways. You can say, if we're going to grant it to the center, then we want this particular piece of property at some point to be able to show a contribution or a flow-back to the county. But that's not the only way that money flows back to the county. The people that are benefitting from this program spend their money within the county, a stable community, particularly in Immokalee, means that the residents are stable, buy homes, and they invest their funds within the community, The jobs that are created are not just the jobs at the center. The actual expansion program has provided a tremendous economic benefit to companies, contractors, and the like, in Southwest Florida, So the economic impact and the benefit to the county is more indirect, perhaps. And maybe you can't go back and say, well, we can trace back where so much of this came back from property taxes, but if you look at the base in Immokalee, you're going to find that that is the area that probably has the least number of property owners, individuals that are property owners, and I think that needs to change. And I think all the economic outlooks indicate that that needs to change in order for Immokalee to grow, I think that based upon what you've heard here today, and my perspective is -- certainly doesn't have the figures and the statistics, but I think my perspective is, that if the rules were there and the Guadalupe Center qualified, in order to say, well, they don't qualify now means not a policy decision but actually a reversal of a decision that this board has already made. Agenda Item No 16A4 June 22, 2010 January 2Spal;l<8l1f3)of45 And if that's your choice -- and you're certainly able to do that, then fine. But I think for the future, other applicants need to know if the rules are going to change in the middle of the game. So thank you. CHAIRMAN COYLE: Thank you. And I'm really sorry that you had to wait so long to get your message to us here. We didn't do this intentionally. MR. BOYNTON: I'm not saying that, Commissioner. CHAIRMAN COYLE: And we -- and I'm sure all of us appreciate the wonderful work you do in Immokalee, Now, do we have -- we have Commissioner Fiala who is next to speak. MR. SCHMITT: Mr. Chairman, if I could, just for a moment, just to make sure to set the record straight, because Commissioner Henning is, in fact, correct, there was a motion in -- at that meeting, made a motion not to approve, and Commissioner Coyle, you seconded that motion, and then you prefaced it by saying, is there anything that would preclude them from coming back in a reasonable period of time if they have additional information or new policy guidance. And after all the debates regarding the jobs and, of course, the salaries for those jobs, that was our intent. But it did fail, the motion did fail 4-1, so I just want to make sure, to clarifY the record, and note that Commissioner Henning is, in fact, correct and it did fail 4-1. CHAIRMAN COYLE: Okay. Commissioner Fiala now has something to say, COMMISSIONER FIALA: Just a yes or no answer, please, With these new jobs that are created, do they provide health care? Just a yes or no. I don't want to drag it out. MR. BOYNTON: The short answer is yes. The Guadalupe Agenda Item No 16A4 June 22, 2010 January 2 5 f'ag~mof 45 Center has 68 employees. We provide health care. The organization assumes the vast majority of the cost. In addition, we have a retirement program for all our employees. As a further benefit for our high school tutors, in addition to the wage we pay them, we give them a $2,000 scholarship for every year they work, and for any employee who wants to go to college, we pay the tuition. COMMISSIONER FIALA: Thank you, that's great. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Am I correct that -- the assumption that this is going to be a self-supporting system; in other words, you would benefit from, over the years, of taxes? MR, SCHMITT: Yes, that's the way it was designed, that's correct. COMMISSIONER HENNING: Okay. So we never anticipated an issue where a not-for-profit that doesn't pay property taxes would apply for that? MR. SCHMITT: The only place where they would qualify is Immokalee. Nowhere else in the county would they qualify because -- COMMISSIONER HENNING: Even Immokalee -- MR. SCHMITT: Yes. COMMISSIONER HENNING: Even Immokalee where, understanding -- MR, SCHMITT: That's correct. COMMISSIONER HENNING: -- through the tax increments, property taxes or whatever -- MR. SCHMITT: Yes. COMMISSIONER HENNING: So it's just something that wasn't anticipated. And it's not -- the board is -- is supportive of not-for-profits, not through tax dollars though. Agenda Item No. 16A4 June 22, 2010 January 2 5 pal1~.w:,of 45 MR. SCHMITT: And-- COMMISSIONER HENNING: I think that we've said that. I just -- I think you made a compelling argument that you do fit the criteria and just the criteria's broken. CHAIRMAN COYLE: Yeah. The -- and one other thing, that the criteria does not set an entitlement. COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: That's the reason that you come before the board, for the board to make a decision. It's not an entitlement, and we have to make those decisions based upon a number of factors. But Commissioner Halas? COMMISSIONER HALAS: I think Joe Schmitt has answered a question. I didn't want to begin a precedence (sic) that a1l503Cs (sic) were going to come in here and expect the same type of abatements, tax abatements, in regards to broadband communications. And I think you clarified that what we were going to do here, what we were trying to do is just because they are providing a community service, and we want to make sure that this doesn't get carried out beyond the Guadalupe Center or out of the Immokalee area. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Motion for approval. COMMISSIONER FIALA: Second that. And I'd like to say it's because you provide so many things to your employees, they get to take care of themselves, It was not written in here anyplace that we didn't accept a 5013-C, so I second that wholeheartedly. CHAIRMAN COYLE: And just so we understand, you're approving -- you're recommending approval for the Job Creation Investment Program credit and the Advanced Broadband Agenda Item No. 16A4 June 22. 2010 January 25par.lfiHD1Jof45 Infrastructure Investment Program and the Fee Payment Assistant Program? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Then we have a motion on the floor. MS. FILSON: Who made the motion? CHAIRMAN COYLE: I'm sorry? MS. FILSON: Who made the motion? CHAIRMAN COYLE: Commissioner Coletta made the motion and Commissioner Fiala seconded the motion. All in favor, please signifY by saying aye. COMMISSIONER HALAS: Aye, COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: And those opposed? COMMISSIONER HENNING: Aye, CHAIRMAN COYLE: Aye. So it passes 3-2, with Commissioner Halas, Commissioner Coletta, and Commissioner Fiala voting in the affIrmative, and Commissioner Henning and Commissioner Coyle voting against. And I will tell you why I voted against. I would support the job creation program without question, but anything that has to do with -- with property taxes, I think, is inappropriate. It places the burden right squarely on the backs of the taxpayers because it is a subsidy by taxpayers, and I do not think that's the intent of this program. So with that, we're finished. Thank you very much. MR. SCHMITT: Commissioner Coyle, if! could ask, not based on this one, but we expect another one, similar situation, I won't use the name. If we could please get some guidance from the board on this so we can come back and take care of this Agenda Item No. 16A4 June 22,2010 January 25?a9~4Q)of45 through some appropriate amendment. CHAIRMAN COYLE: Well, my -- you just heard my guidance. MR. SCHMITT: Yes. CHAIRMAN COYLE: If you don't pay taxes, property taxes, and it cannot be recouped from property tax payments, it should not be granted -- COMMISSIONER HENNING: Ditto, CHAIRMAN COYLE: -- because it is nothing but a public subsidy. It is not an assistance program, it is not a deferral program. It is a public subsidy. So what you're asking the taxpayers to do -- in fact, what you're doing to the taxpayers is that you're taking their money, you're giving it to somebody without them having anything to say about it at all. And we wouldn't do it with the Shelter for Abused Woman, we wouldn't do it for anybody else, and -- but we've done it here, and I think it's a big, big mistake. MR. SCHMITT: I need to throw a wrench into the spokes here, because we have a similar situation on the airport, We have an organization moving in the airport that does not pay taxes. They pay -- they pay ad valorem on intangible taxes, but a program is designed to incentivize the development of the trade port in Immokalee, and that's -- CHAIRMAN COYLE: It's a not-for-profit organization? MR. BAKER: It's a for profit. MR. SCHMITT: It's for profit. MR. MUDD: It's for profit, but sir, it's on airport property, and they pay -- they pay rent -- MR. SCHMITT: They pay rent. MR. MUDD: -- but they don't pay taxes. Agenda Item No. 16A4 June 22, 2010 January 2 5 pag~4JZ5of 45 COMMISSIONER HALAS: But the rent is indirectly -- COMMISSIONER FIALA: No, we don't pay -- COMMISSIONER HALAS: The rent pays for part of the taxes. MR. BAKER: The property, because it's -- excuse me, Denny Baker for the record. It's on airport property, sir, and the airport does not pay property taxes, so there is no property taxes paid back to the county on those new businesses going into the airport property. COMMISSIONER HENNING: I think that's a real stretch. That's far different from a not-for-profit. COMMISSIONER COLETTA: I think this is going a little too far. We made the vote, we called it. CHAIRMAN COYLE: Well, the vote's over. They're asking for guidance on what they do with this next one, MR. BAKER: Yes. CHAIRMAN COYLE: And so we're trying to come up with some idea -- some way to give it to them. You want to have a separate meeting and talk about that? I don't think we can hash those out here tonight. In fact, I'm not inclined to. MR. MUDD: No, sir. I think if you -- I think you gave us some guidance the last time this came up to go in there and work on -- and change -- and I gave Joe some guidance. MR. SCHMITT: Yep. MR. MUDD: -- at the last meeting, basically said, change the ordinance and get it to the point in time that not-for-profits get taken out. And I believe that's what I see everybody nodding on the dais about. I believe they -- MR. SCHMITT: We will do that. MR. MUDD: -- you approved the Guadalupe Center because it was there and we hadn't got it changed, But we're Agenda Item No. 16A4 ,June 22. 2010 January 25 par;!Etl4J:5of 45 going to change it, and I think that will resolve the issue, and then we can talk: about the airport thing. Let's do that and have that as an agenda item during the joint airport meeting that we have when they come with their budget -- CHAIRMAN COYLE: Good. MR. MUDD: -- and we talk about that particular issue. CHAIRMAN COYLE: Maybe they should make some payments in lieu of taxes, MR. MUDD: Maybe they should be self-sufficient, but I won't say anything. CHAIRMAN COYLE: Yes. Okay. Good. Let's move on to item number l2B. March 12, 2007 Agenda Item No 16A4 June 22. 2010 Page 45 of 45 "PJ-&;y d. 2;"c& off<<'ve'ff ti""'.!'h ~k~,," Mr, Denton Baker, Director Collier County Housing and Grants Section 2800 N. Horseshoe Drive Naples, FL 34104 Dear Denny, Your recent audit shows that the Guadalupe Center met the requirements for the Fee Payment Assistance Program by creating five new jobs at the required wages by 12/31/05, The application for Broadband Infrastructure was withdrawn as Time Warner advised us that the cost to operate the system would be in excess of $1,000 per month, and Guadalupe Center determined that it would be cost-prohibitive for us. The Job Creation application required that we have 21 jobs created by 12/31/06 at the required wage. This was based on the Phase II construction being completed in 2006, Because of mold problems that were discovered, and because of structural issues with the existing building, the Board of Trustees voted at the June 2006 meeting to demolish the existing building and construct a new facility in its place. The original plan called for five additional classrooms in the existing building. The new facility will have eight additional classrooms. Even though the second phase of construction has not begun, we have already created 13 of the 25 positions required, We will need a minimum of two teachers in each of the new classrooms so that means at least 16 jobs will be created once Phase II construction is completed. So, not only will we meet the original total of 25 new positions but we will create at least 4 more positions. We understand that we have missed the 12/31/06 deadline for positions to be created, but ask that you and the Board of County Commissioners grant us a postponement due to changes in the original plan, We now anticipate that the positions will all be created by 12/31/09, Thank you for your consideration. Please contact us if you need additional information, ~. The Guadalupe Center of Immokalee 509 Hope Circle' lmmokalee, FL 34142' 239.658.1999' Fax 239.657.7712' www.guadalupecenter.ne,