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BCC Minutes 06/08/2010 R June 8, 2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 8, 2010 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: Fred Coyle Jim Coletta Donna Fiala Frank Halas (Absent) Torn Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Ian Mitchell, Executive Manager to the BCC Mike Sheffield, Assistant to the County Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O'~\ 11//.,. ",-- 'j ,. ( I.' ....... )1 ,,\ AGENDA June 8, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 June 8, 2010 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 PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO P ARTICIP A TE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Smith - New Hope Ministries 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. May II, 20 I 0 - BCClRegular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Robert DeCamp, Parks and Recreation Page 2 June 8, 2010 2) Daniel Rodriguez, Solid Waste 3) Glenda Smith, Growth Management Planning and Regulation B. 30 Year Attendees 1) Ron Jamro, Museum C. 35 Year Attendees 1) Murdo Smith, Parks and Recreation 4. PROCLAMATIONS A. Proclamation designating June 19,2010 as Collier County's NAACP Branch #511 Ts I st Annual Juneteenth Family Day Celebration. To be accepted by NAACP State President Ms. Adora Nweze, Harold Weeks, Rhonda Cummings, Tamika Seaton, Dianna Perryman and Laurel Paster. Sponsored by Commissioner Coyle. B. Proclamation congratulating Calusa Park, Golden Terrace, Lake Park and Lely Elementary Schools for their participation in the schools' "Giver" Program. To be accepted by Karen Conley, President and CEO, Charity for Change, and guests. Sponsored by Commissioner Henning. C. Proclamation designating June 19,2010 as World Refugee Day. To be accepted by Armando Galella, Director, Catholic Charities District 3 and Sharon Kirkpatrick, Education Director, Catholic Charities of Collier County. Sponsored by Commissioner Coletta. 5. PRESENTATIONS 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 June 8, 2010 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Report to the Board of County Commissioners on the Property Assessed Clean Energy (PACE) initiative. (Commissioner Coletta) B. To discuss revised utilities Ordinance 2008-32, Section 4, Resolution 2009- 224 regarding adding meters on building fire lines and the effect this will have on the industry. (Commissioner Henning) C. Appointment of member to the Ochopee Fire Control District Advisory Committee. D. Appointment of members to the Hispanic Affairs Advisory Board. 10. COUNTY MANAGER'S REPORT A. Recommendation to accept staff's two year report and recommendations regarding the County's local vendor preference policy. (Steve Carnell, Purchasing Director) B. Recommendation to approve a Developer Agreement between Corradi Airport Inc. and Collier County to fund the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road. (Nick Casalanguida, Deputy Administrator, Growth Management Division) C. Recommendation to authorize a budget amendment to reallocate funds in the amount of $2,000,000 from Reserves to the South Reverse Osmosis Raw Water Wellfield Pipeline Repair Project, Project Number 70030. (Jim DeLony, Public Utilities Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Page 4 June 8, 2010 A. A report in response to the Board's direction at its March 9, 2010, meeting regarding the regulation of companies providing vehicle immobilization services in Collier County and a request for direction with respect to amending Ordinance No. 08-47, as amended, and the maximum vehicle immobilization rate established by Resolution No. 2009-271. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Cameron Commons. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Leawood Lakes with the roadway and drainage improvements being privately maintained. 3) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Ave Maria Unit 9, Parcel 105 Lots 11-18, Lots 29-40 Replat. 4) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item. all participants are reQuired to be sworn in. This is a recommendation Page 5 June 8, 2010 to approve for recording the final plat of Ave Maria Unit 11, Del Webb at Ave Maria, Parcels 106,110,112,113 & 115. 5) Recommendation to award Bid # 1 0-5424, Records Management Services to Vital Records Control, LLC for an estimated annual expenditure not to exceed $90,000 for the storage and retrieval of Building and Land Development Services Department records. 6) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 169RDUE) which is required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal Impact: $2,900. 7) Recommendation to provide after the fact approval for the submittal ofa Wetlands Reserve Enhancement Program grant application to the United States Department of Agriculture for a Griffin Road Storm Water Improvement Project. 8) Recommendation to approve changes done to the Drug Free Workplace Policy in the Personnel Manual for the employees of Collier Area Transit in order to comply with Florida Transit Administration's regulations. 9) Recommendation to purchase a parcel of land and to approve the declaration of a public right-of-way. Project No. 60018. (Fiscal Impact: $527) 10) Recommendation to approve and execute the 2010/2011 Transportation Disadvantaged Trip & Equipment Grant Agreement FM #20724618401/2072463840 I and a Resolution authorizing its Chairman to execute the agreement for a total project cost of $652,703. 11) Recommendation to accept a Quitclaim Deed from the South Florida Water Management District in order to provide legal access to the public road network for the benefit of the owners of properties located Page 6 June 8, 2010 along Lakeshore Drive, south of the subdivision of Lake Trafford Shores in Immokalee. (Fiscal Impact: None.) 12) Recommendation to approve and submit the attached Program of Projects for grant applications for the Federal Transit Administration Sections 5307 FY 10 and 5309 FY 09/1 0 available grant funds. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES 1) Recommendation to approve a budget amendment in the amount of $900,000 transferring funds from the Mandatory Trash Collection Fund Reserves to the District I FY 1 0 Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County Landfill. D. PUBLIC SERVICES 1) Recommendation to approve a budget amendment in the amount of $14,175.09 to recognize revenue and appropriate expenditures from the collection of co-payments and contributions from the Collier County Services for Seniors program. Total fiscal impact $14,175.09. 2) Recommendation to approve Annual Reports for years 2005 through 2009 to the Florida Department of Highway Safety Motor Vehicles for the Choose Life Specialty License Plate and authorize the Chairman to sign, and approve a budget amendment to recognize revenue in the amount of$79,561.45 as proceeds from the sale of Choose Life Specialty License Plates. 3) Recommendation to award Invitation to Bid (ITB) #10-5412 for Veterinary Medical Supplies and Equipment to seven providers: Alliance Medical, Inc. (dba Allmed), Butler Animal Health Supply LLC (dba Butler Schein Animal Health Supply), Merritt Vet Supplies, MWI Veterinary Supply, School Health Corporation, TW Medical Veterinary Supply, and Webster Veterinary Supply, Inc. in no particular order. Estimated annual expenses are $75,000. Page 7 June 8, 2010 4) Recommendation to approve grant related expenditures in excess of $50,000 under the Disaster Recovery Initiative program to fund substantial rehabilitation activities for a single family residential dwelling unit. Funding will ensure correction of current Code Enforcement violations, compliance with Collier County building code regulations, grantor agency requirements and further the goals and objectives of the Housing Element ofthe Growth Management Plan. 5) Recommendation to award Invitation to Bid (ITB) #10-5438R Purchase and Delivery of Ultrasound System to Phillips Healthcare in the amount of $74,720, which includes annual maintenance fees for four years after the one year warranty. 6) Recommendation to approve and authorize the Chairman to sign five (5) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $75,576.30. 7) Recommendation to award Bid # I 0-5480 to Kelly Brothers, Inc., for the construction contract of the Bayview Park Phase I Project #80060.1 in the amount of$337,959. 8) Recommendation to approve a Ground Lease Agreement for Communication Tower with New Cingular Wireless PCS, LLC, for land at Max Hasse Community Park for a first year's rent income of $40,000. 9) Recommendation to approve and authorize the Chairman to sign a letter encouraging Florida Housing Finance Corporation to maintain the affordability of rental apartment developments following foreclosure sales initiated by the Corporation and to accept a report of options available to Collier County to maintain the affordability of rental apartment developments that may be the subject of future foreclosure proceedings. Page 8 June 8, 2010 10) Recommendation to approve a Second Amendment to Lease Agreement with Naples Zoo, Inc. to modify the lease boundaries recognizing a land swap which changes the leased property from 43.52 to 44.1 acres plus/minus. E. ADMINISTRATIVE SERVICES 1) Recommendation for award ofRFP #10-5477 Arbitrage Rebate Requirements for Collier County to PFM Asset Management LLC in an estimated annual amount of $50,000. 2) Recommendation to authorize a budget amendment to recognize and appropriate an insurance refund in the amount of $77 ,900. (Project #52525) 3) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) Recommendation to authorize the Chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers joint permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. 3) Recommendation to approve Collier County's participation in the Florida Department of Revenues tax amnesty program for Local Option Tourist Development Tax Collection. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS Page 9 June 8, 2010 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 8th Annual Paradise Coast Tourism Awards Luncheon at the Naples Beach Hotel on May 13,2010 in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Lunch with the Chief - Marco Police Foundation at the Island Country Club on Marco Island, FL on May 19,2010. $22 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Monthly Luncheon on May 20, 2010 at Hamilton Harbor Yacht Club in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Economic Development Council Post Legislative Delegation Luncheon on June 9, 2010 at The Club at the Strand in Naples, FL. $25 to be paid from Commissioner Fiala's travel budget. 5) Proclamation designating June 13,2010 through June 19,2010 as Mote Marine Laboratory Week. To be mailed to Angela Miller, Mote Marine Laboratory. Sponsored by Commissioner Coyle. 6) Proclamations being presented to Calusa Park, Lely Elementary, Lake Park Elementary and Golden Terrace Elementary for their "Star Givers" program. Being presented to Karen Conley after BCC approval. Sponsored by Commissioner Henning. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. Page 10 June 8, 2010 J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve for submission the State Revenue Sharing Application for the fiscal year FY 2010-2011 and to obtain approval for the Chairman to sign the application. 2) Recommendation to provide after the fact approval for the designation of the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance FYI0 Human Trafficking Task Force continuation grant, authorize the electronic submission of the application, accept the grant when awarded, and approve associated budget amendments. 3) Recommendation 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 2010 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. 4) To obtain Board approval for disbursements for the period of May 15, 2010 through May 21, 2010 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of May 22, 2010 through May 28, 2010 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled Madeline Buonomo v. Collier County, Florida, filed in the Twentieth Judicial Circuit in and for Collier County, Page 11 June 8, 2010 Florida, for the sum of$52,500 and authorize the Chairman to execute the Settlement Agreement. 2) Recommendation to approve a Stipulated Final Judgment in the amount of $130,000 for Parcel 804 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et a!., Case No. 07-5038-CA (Lely Area Storm water Improvement Project No. 51101.1) (Fiscal Impact $74,250) 3) Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of$8,000 and authorize the Chairman to execute the Settlement Agreement. 4) Recommendation to approve a Stipulated Final Judgment in the amount of$501,000 for Parcels 126FEE and I 26TCE in the lawsuit styled Collier County v. Alexander Christou, Inc., et a!., Case No. 07- 4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $152,874.13). 5) Authorize the County Attorney to advertise an ordinance for future Board consideration which would authorize and regulate the use of traffic infraction detectors consistent with recent passage ofHB 325, which established statewide legislation regulating red light cameras, known as the Mark Wandall Traffic Safety Act. 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 Page 12 June 8, 2010 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 13 June 8, 2010 June 8, 2010 CHAIRMAN COYLE: Do we have a county manager? Somebody did tell him we were having a meeting today, didn't he (sic)? MR. SHEFFIELD: There is a meeting, and you do have a live mike. CHAIRMAN COYLE: Okay. Thank you very much. Would you all please stand for the invocation to be provided by Pastor Michael Smith of New Hope Ministries, please. PASTOR SMITH: Thank you, Commissioners. Ladies and gentlemen, will you bow your heads with me in prayer this morning. Dear God and Heavenly Father, we thank you, Lord, first of all for the freedoms that we have in this country. We do not take them lightly. We thank you for our City of Naples and our County of Collier. Father, we ask for increased prosperity in this county. We ask for increased employment for the hurting families. We thank you for our commissioners. We ask for individual health and well-being for each and every one of them. We ask that your grace be with us this morning through this meeting. We ask, Lord God, for divine guidance and direction and wisdom in the decisions that will need to be made here today. And Father, we give you all praise, all glory. In Jesus name, your son, amen. CHAIRMAN COYLE: Would you please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Good morning, Leo. How are you today? MR. OCHS: Well, good morning, sir. How are you? Item #2A Page 2 June 8, 2010 TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN COYLE: I'm doing fine, thank you. You have some changes for the agenda for us today? MR. OCHS: Yes, sir, I do. Commissioners, good morning. These are agenda changes, Board of County Commissioners' meeting for June 8, 2010. First change is a correction to Item 12A. There was an additional word inserted inadvertently in the last sentence of the executive summary, and we are removing the word operate from that sentence, and that change is made at Commissioner Fiala's request. We thank her for finding that. Next change is to withdraw Item 16A8. That's a recommendation to approve changes to the drug-free workplace policy in the personnel manual for the employees of the Collier Area Transit in order to comply with Florida Transit Administration Regulations. That withdraw is at the staffs request. That will be back at the next meeting for your consideration. And the last change is to move Item 16F1 to Item lOD, and that is a recommendation to authorize the chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers joint permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division, and that item was moved at Commissioner Henning's request. And one agenda note this morning, and that is that the June 2, 2010, BCC/LDC meeting is continued to today at a one p.m. time certain. Those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you very much, County Manager. Page 3 June 8, 2010 County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay, thank you. And we'll start with ex parte disclosure and any changes by commissioners. We'll start with Commissioner Fiala. COMMISSIONER FIALA: Yes. I have no changes or additions to the agenda and no ex parte items. CHAIRMAN COYLE: And I have no changes to the agenda, and I have no ex parte items for either the consent or the summary agenda. Commissioner Coletta? COMMISSIONER COLETTA: Yes, good morning, Chair. CHAIRMAN COYLE: Good morning. COMMISSIONER COLETTA: I have no changes to the agenda and nothing to declare under ex parte. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Good morning. I have no changes, no further changes -- well, possibly. Talking to the county manager on the item that I was concerned about on the consent agenda, there was -- there's a CAC meeting, what I -- it appeared to be the same item. If I'm wrong, we can just put that back on the consent agenda. MR. OCHS: Okay. And we're verifying that right now, sir. I think they're two separate, but unrelated, items. They're not the same item. And we'll -- if we can verify that -- COMMISSIONER HENNING: Sure. MR. OCHS: -- in just a moment, we can make that change for you. COMMISSIONER HENNING: Or we have can approve it later on. And I have no ex parte communication on today's consent or Page 4 June 8, 2010 summary . CHAIRMAN COYLE: Okay. We're at the point of approving the agenda, so we better approve -- pull it as suggested by Commissioner Henning, and then we can approve it later -- MR. OCHS: Yes, please. Yes, sir. CHAIRMAN COYLE: -- the item later on, okay. MR. OCHS: Yes. COMMISSIONER HENNING: Move to approve the agenda as amended. COMMISSIONER COLETTA: (No verbal response.) CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to approve the agenda as amended, seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. Page 5 Agenda Changes Board of County Commissioners Meeting June 8, 2010 Item 12A: Please note the following change to the Executive Summary, the word operate should be omitted: "Although the Board could direct the creation of a separate application and license for companies wishing to sperate provide booting services in Collier County, because companies that only boot do not tow, remove or store vehicles, there may not be a reasonable nexus to require those companies to be held to the same requirements as a towing company." (Commissioner Fiala's request) Withdraw Item 16A8: Recommendation to approve changes done to the Drug Free Workplace Policy in the Personnel Manual for the employees of Collier Area Transit in order to comply with Florida Transit Administrations regulations. (Staff's request) Move Item 16F1 to Item 100: Recommendation to authorize the Chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers joint permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division. (Commissioner Henning's request) Note: The June 2, 2010 BCC/LDC Meeting has been continued to 1:00 today (June 8, 2010) 6/8/20108:42 AM June 8, 2010 Item #2B MINUTES FROM THE MAY 11, 2010 BCC/REGULAR MEETING - APPROVED AS PRESENTED CHAIRMAN COYLE: Next will be the approval of the BCC regular minute -- meeting minutes for May the 11th, 2010. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #3A EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES - PRESENTED MR. OCHS: Commissioners, that takes us to Item 3 on the agenda. That's employee service awards. If the commission will join us in front of the dais, please. Commissioners, we'll begin this morning with our 20-year service award recipients. Our first 20-year recipient is Robert DeCamp from Parks and Recreation. Page 6 June 8, 2010 COMMISSIONER COLETTA: Congratulations. MR. DeCAMP: Thank you very much. COMMISSIONER HENNING: Congratulations. CHAIRMAN COYLE: Stand there and get a picture. All right, thanks. (Applause.) MR. OCHS: Commissioners, our next 20-year recipient is Dan Rodriguez from your Solid Waste Department. (Applause.) COMMISSIONER HENNING: You're doing a great job. MR. RODRIGUEZ: Thank you. CHAIRMAN COYLE: Congratulations. Thank you. MR. RODRIGUEZ: All right. Thank you very much. (Applause.) MR. OCHS: Your final 20-year service awardee is Glenda Smith from Growth Management Planning and Regulation. (Applause.) CHAIRMAN COYLE: Thank you very much for your service. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Thanks for your service. COMMISSIONER COLETTA: You're way too young to have 20 years in. (Applause.) MR. OCHS: Glenda, congratulations. MS. SMITH: Thank you. Item #3B EMPLOYEE SERVICE AWARDS: 30 YEAR ATTENDEES - PRESENTED Page 7 June 8, 2010 MR. OCHS: Commissioners, that takes us to our 30-year service award recipients. We have one this morning, and that is Ron Jarnro from our Museum Department. (Applause.) COMMISSIONER HENNING: Congratulations. CHAIRMAN COYLE: Congratulations. MR. JAMRO: Oh, thanks for keeping me around all these years. (Applause.) CHAIRMAN COYLE: This one has a different time on it. Item #3C EMPLOYEE SERVICE AWARDS: 35 YEAR ATTENDEES - PRESENTED MR. OCHS: Commissioners, that takes us to our final service award this morning. It's really a special award. A man who needs no introduction here at the county government center, 35 years of dedicated service to the county, Murdo Smith from Parks and Recreation. (Applause.) MR. SMITH: Thank you all for corning. Thank you, Commissioners, for 35 great years. You've been very supportive. County Manager, Mr. Ochs -- Marla's back there somewhere, I think -- Marla Ramsey for all her support. Barry's here. And I couldn't have been here 35 years without the great people I worked with, and I wish them all the success in the future, okay. (Applause.) MR. OCHS: Thank you, Commissioners. That concludes our service awards this morning. Page 8 June 8, 2010 Item #4A PROCLAMATION DESIGNATING JUNE 19,2010 AS COLLIER COUNTY'S NAACP BRANCH #5117'S 1 ST ANNUAL JUNETEENTH FAMILY DAY CELEBRATION. ACCEPTED BY NAACP STATE PRESIDENT MS. ADORA NWEZE, HAROLD WEEKS, RHONDA CUMMINGS, T AMIKA SEATON, DIANNA PERRYMAN AND LAUREL PASTER. SPONSORED BY COMMISSIONER COYLE - ADOPTED MR OCHS: Commissioners, that moves us on to Item 4 on your agenda, proclamations. Item 4A is a proclamation designating June 19,2010, as Collier County's NAACP Branch Number 511Ts first annual Juneteenth Family Day Celebration. This award to be accepted by Harold Weeks, Rhonda Cummings, Tamika Seaton, Dianna Perryman, and Laurel Paster, and this item sponsored by Commissioner Coyle. Please corne up. (Applause.) CHAIRMAN COYLE: Good morning. How are you? Hi, Harold. How you doing? MR. WEEKS: I'm the rose. CHAIRMAN COYLE: Now you're going to have to do that again after we make the presentation. Usually we take the picture with him holding the presentation. I'm going to read this one for you today. Okay. Whereas, Juneteenth is a celebration of humanity and conveys the message that freedom is the basic fundamental right of one and all; and, Whereas, celebrated on June the 19th as Freedom Day, or Emancipation Day, it commemorates the declaration of the abolishment of slavery in Texas and has special significance for Page 9 June 8, 2010 African Americans across the United States; and, Whereas, the celebration will commence at 11 a.m., Saturday, June the 19th, 2010, at Sugden Regional Park, 4284 Avalon Drive, Naples, Florida; and, Whereas, the Collier County NAACP, National Association for the Advancement of Colored People, Branch Number 5117, will be conducting their first annual Juneteenth Family Day Celebration; and, Whereas, this year's theme is Embracing our Past, Empowering our Future, and will be a family day and much more; and, Whereas, NAACP Branch Number 5117 is progressive and committed to advocating civil rights of all individuals in the community with a vision to educate, promote, and remember our history and celebrate diversity which brings us together as a community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 19,2010, be designated as Collier County's NAACP Branch Number 5177's first annual Juneteenth Family Day Celebration. Done and ordered this 8th day of June, 2010, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Board members, I would like to make a motion that we accept this proclamation. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: The proclamation is accepted unanimously, and I will present it to you, and you will get your picture taken again. (Applause.) CHAIRMAN COYLE: Thank you. (Applause.) MR. OCHS: Thanks, buddy. Congratulations. MR. WEEKS: I know everybody's waiting for me to say Page 10 June 8, 2010 something. I just wanted to thank the commissioners, one and all, for not only this proclamation, but for all the other proclamations we have received. Thanks again. You do a yeoman job, and we appreciate everything that you do for us. Juneteenth is a day of celebration. It's a day of freedom not only for people of color, but for all people, regards of who they are. We're trying to bring the community together on this day. That's why we're inviting everybody to Sugden Park on June 19th to celebrate what we call Juneteenth. The Juneteenth just happens to be -- it's called Juneteenth because it's that weekend, whatever day that Saturday falls on, 16th, 17th, 18th, but the announcement that the slaves of Texas were free carne on June 19th. Now, it happened to corne two years after the Emancipation Proclamation. It carne in 1863 when the union troops arrived at Galveston to announce to 250,000 slaves of Texas that they were free. They didn't realize they had been free for two years, so it was a cause for celebration. Well, that celebration spread to other states and other areas of the country. I wasn't aware that there are a lot of folks here in Naples that aren't aware of June -- Juneteenth, but we're here to bring it to them, and hopefully they'll bring their families out and have a great day. Ms. Seaton, she's the head of the chair, will tell you all the events that she has planned for you and our partners in this brand new idea that we have for all of you here, not only in Naples, but in Collier County. Thank you. Ms. Seaton? MS. SEATON: Hello. Thank you so much for having us today and sponsoring the proclamation. As part of our Juneteenth celebration, we would start the ceremony with reading the Emancipation Proclamation. We would have HIV screening, other health screening. The East Naples Fire Page 11 June 8, 2010 District will be there, as well as the Collier County Sheriffs Office, encouraging kids to stay off drugs, and there will be a number of other activities that will be fun for the whole family. So we hope that everyone comes out, because everyone is welcome. Thank you so much for this opportunity. (Applause.) CHAIRMAN COYLE: Thank you. MR. WEEKS: One more thing. I wish Murdo hadn't have left, but he's been a great help to us and all the Parks and Recreation people that have partnered with us in this. We really wouldn't have been able to do it without them. There again, we thank everybody very, very much. CHAIRMAN COYLE: Thank you, Harold. (Applause.) Item #4 Band #4C PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT BOTH PROCLAMATIONS Item #4 B PROCLAMATION CONGRATULATING CALUSA PARK, GOLDEN TERRACE, LAKE PARK AND LEL Y ELEMENTARY SCHOOLS FOR THEIR PARTICIPATION IN THE SCHOOLS' "GIVER" PROGRAM. ACCEPTED BY KAREN CONLEY, PRESIDENT AND CEO, CHARITY FOR CHANGE, AND GUESTS. SPONSORED BY COMMISSIONER HENNING - ADOPTED MR. OCHS: Commissioners, Item 4 is a proclamation congratulating Calusa Park, Golden Terrace, Lake Park, and Lely Page 12 June 8, 2010 Elementary Schools for their participation in the schools' "Giver" program. To be accepted Karen Conley, President and CEO, Charity for Change, and her guests, and this item is sponsored by Commissioner Henning. Please corne forward. (Applause.) CHAIRMAN COYLE: Bring your guests with you, too. You'll get a chance to say something if you'd like afterwards. COMMISSIONER FIALA: Nice to see you again. CHAIRMAN COYLE: Thank you very much. We'll approve the proclamation after they're all finished. Go ahead. MS. CONLEY: Thank you, Commissioners. We are so honored to be here today with a very special group of schools. These four schools have done an amazing job this year by participating in the Charity for Change program. They've raised over $15,000 for charities in this community this year, as well as learned about being good citizens and building character through this program. And so we're honored to be recognized here today with -- these students and these very special schools have gone way above and beyond being good citizens and future leaders of this county. We appreciate the recognition. Thank you very much. (Applause.) CHAIRMAN COYLE: Thank you. Item #4C PROCLAMATION DESIGNATING JUNE 19,2010 AS WORLD REFUGEE DAY. ACCEPTED BY ARMANDO GALELLA, DIRECTOR, CATHOLIC CHARITIES DISTRICT 3 AND SHARON KIRKPATRICK, EDUCATION DIRECTOR, Page 13 June 8, 2010 CATHOLIC CHARITIES OF COLLIER COUNTY. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR. OCHS: Commissioners, Item 4C is a proclamation designating June 19,2010, as World Refugee Day. To be accepted by Armando Galella, Director, Catholic Charities, District 3, and Sharon Kirkpatrick, Education Director, Catholic Charity of Collier County. This item is sponsored by Commissioner Coletta. CHAIRMAN COYLE: Yes. And I'd like to add Evelyn Prieto to that. She's my aide, and she played a very active part in this proclamation. MR. OCHS: Yes, by all means. COMMISSIONER COLETTA: Would you please corne up front? (Applause.) MR. OCHS: Congratulations, sir. COMMISSIONER FIALA: Motion to approve the proclamations. CHAIRMAN COYLE: Okay. Motion to approve the proclamations. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: There's a second by Commissioner Coletta. MR.OCHS: I'm sorry, you have -- CHAIRMAN COYLE: Okay. We're going to approve them all right now and then let you speak since a motion was made. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is passed unanimously. Thank you Page 14 June 8, 2010 very much. Go ahead. MR. GALELLA: Thank you, Chairman. Thank you members of the commission and managers of Collier County. And the only unfortunate thing is that we're having the same festivity as you guys the same day. So perhaps they can corne to Sugden and Golden Gate Community Center and enjoy what will be also a wonderful occasion, which is the induction of some of our newest citizens to America. World Refugee Day is important to Catholic Charities, as it is to everyone in this country, because as we all know, despite what you may have heard, this is the greatest country in the world, and we are a beacon of hope, light, enthusiasm, and encouragement for all people. And for some who don't understand, the fact of the matter is, is that there is -- there are political refugees who attempt to corne to the United States every day because of what they experience in their homelands, and World Refugee Day is being honor- -- is an honor for not just America, but for all people to understand the beauty of this country and what it means to become a legal American citizen. So thank you very much. CHAIRMAN COYLE: Thank you. (Applause.) Item #9 A REPORT ON THE PROPERTY ASSESSED CLEAN ENERGY (PACE) INITIATIVE - MOTION DIRECTING STAFF TO EXPLORE THE PROGRAM AND TO RETURN WITH A DETAILED REPORT ON FEASIBILITY OF COUNTY PARTICIPATION IN THE PACE INITIATIVE - APPROVED MR. OCHS: Commissioners, that takes us to Item 9 on your Page 15 June 8, 2010 agenda this morning. It's Board of County Commissioners. Item 9A is a report to the Board of County Commissioners on the Property Assessed Clean Energy initiative. This item was placed on the agenda by Commissioner Coletta. COMMISSIONER COLETTA: Yes. And as you may recall, there's been the -- Steve Hart's been before us several different times leading towards this initiative. They have held a workshop within these chambers back about a month ago and involved the public in it. There's a lot of community involvement in this, including the Chamber of Commerce and the CBIA, to mention a couple. Steve has put considerable amount of time and effort into this, and for that, I'm very appreciative, and he'll be making the presentation today. MR. MITCHELL: Sir, we also have three speakers. COMMISSIONER COLETTA: Thank you. Go ahead, Steve. MR. HART: Thank you very much, Commissioner Coletta, and thank you, Mr. Chairman and Commissioners. This is -- boy, this is just a joyous and happy day so far, isn't it, between Juneteenth and International Refugee Day. There's just some wonderful things going on in our community. And I am -- I am happy to stand here today and bring you some even -- just as good, better news, an opportunity for county government to make significant, significant improvements to our community. You will recall back in December Commissioner Coletta asked us to form a task force to look at the possibility of a community-wide project that would create jobs and, number two, create jobs retrofitting older homes and buildings to make them more energy efficient, reduce our energy use, reduce our property owners' utility costs. All win-win. We were so happy then almost immediately to learn, and quite fortuitously to learn, that the Florida Legislature was, indeed, walking down the same path to create a brand new Florida version of PACE Page 16 June 8, 2010 initiative. PACE -- if you'll look up on the screens, PACE is an acronym that stands for Property Assessed Clean Energy. It is a concept, a very innovative concept, been hailed as one of the most innovative governmental concepts in many years that is, frankly, sweeping the country. And the Florida Legislation is a great improvement on projects that have taken place across the country. If somebody could tell me how to move this slide show along. What's the next -- do you click it? MR. OCHS: You've got to sing. MR. HART: I got to sing. Oh, very good. P ACE Florida, Property Assessed Clean Energy. The Florida Legislature passed the PACE initiative in the final hours, actually, of this past legislative session. It was signed into law by the governor on May 28th. This is a project that will, in Collier County, as in all other counties that choose to participate across the state -- it's going to create jobs -- it's going to create hundreds of jobs. It's going to save property owners' money. It's going to reduce our energy use. Tell me again how to -- why don't you do that. That would be great. Thank you, Len. I want to tell you first off that Commissioner -- before we go any further, Commissioner Coletta and county staff, people like Len and Jeff, have been very, very cooperative up to this point, and what we're going to be asking you for is some more cooperation to move it on down the road. What PACE is, is you can think of it really as a secured home improvement project. The Florida Legislature enables local governments to develop a pool of funds from which property owners can borrow to make energy improvements to the -- energy saving improvements to their home as -- buildings, commercial buildings as well, as well as hurricane hardening improvements to their homes and Page 17 June 8, 2010 buildings. These loans are then repaid over 20 years as an assessment on the annual property tax bill. It operates much like your basic municipal improvement project, such as a sewer improvement project, except that in this case it is completely voluntary on the part of the property owners. Property owners corne in, enroll in the program, get certified, get a loan, make whatever energy efficient improvements to their homes they wish. They can retrofit doors and windows. They can install solar panels, wind turbines, any -- solar water heaters, any number of projects to their homes and buildings that will then lower their well utility costs. That loan then goes on to the county roles as an assessment, much like a municipal improvement district, and the assessment then runs with the property over 20 years and is repaid in small increments as a part of the annual property tax bill. The good news is, it doesn't cost taxpayers any money; it doesn't put the county further in debt; it doesn't cost property owners any money because the energy efficient improvements will more than pay the cost of the initial loan in a very short order. And so what we're asking you to do today -- and by the way, the task force has been -- as we've been developing this, we've been working closely with Collier Building Industry Association, with the Greater Naples Chamber of Commerce, the Economic Development Council, all endorse it. League of Women Voters participated in our last meeting. This is gathering great support. It is a win-win for everyone. It's a win-win for the -- for Collier County. It's a win-win for the County Commission. It's a win-win for our property owners. There are just no downsides that anyone can see. So what we're asking you today is to give us further direction to go and work with your staff to corne back to you probably in September with a fully developed project, including the financial Page 18 June 8, 2010 arrangements, including the implementation of it, and move forward. This is a great opportunity to quicken the pace of job creation in our community, it's a great opportunity to increase the pace of energy reduction, energy savings, lower utility bills, and helping us wean ourselves off of foreign oil. And I'm available for any questions now that you might have. We have some other speakers that want to corne up and talk to you about it, too. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Mr. Hart, you realize that we're doing exactly what you're asking us to do today through the housing department? MR. HART: Yes, sir, but that's with -- that's with foreclosed homes, isn't it? COMMISSIONER HENNING: It's-- MR. HART: You'll remember-- COMMISSIONER HENNING: No. It's not for -- MR. HART: You'll remember -- COMMISSIONER HENNING: -- foreclosed homes, to answer your question. No, it's not. Now, you're saying this is not going to cost the taxpayers anything? MR. HART: That's correct. COMMISSIONER HENNING: You're saying it's not going to cost the owners anything? MR. HART: That's correct, in the long-run. COMMISSIONER HENNING: Where is the funding going to corne from? MR. HART: I'm sorry. Where is -- COMMISSIONER HENNING: Where is the funding going to corne from? MR. HART: The Florida Legi- -- let me back up just a little bit. PACE initiatives around the country have traditionally gone out to Page 19 June 8, 2010 bond sales to raise money for the pool of funds from which property owners can borrow. The Florida Legislature in its wisdom sees an improvement in that procedure in that it allows local governments to seek what they call interim third-party financing, a bank or a group of banks. And I believe your financial advisor is here to speak to the more technical parts of that. We've been in conversation with him, as has your county finance team. But it allows local governments to seek an interim third-party financier, a bank, a coalition of banks, that would then give local governments a pool of money, a credit line, if you will; you can think of it that way. And then as property owners corne onboard with the program and more property owners and the assessments get up to the level -- at which point then it can go out to a bond sale. COMMISSIONER HENNING: And who's the responsible party for these bonds? MR. HART: And I'm going -- if the financial advisor is here, he may want to speak to that more directly, or your county finance director. I think that's one of the things that we're going to be seriously looking at and taking a serious study on between now and when we return to you in September with a proj ect design. MR. ISACKSON: Good morning, Commissioners. Mark Isackson with the budget office. PFM, our financial consultant, specifically Sergio Masvidal, has a number of clients in the state that he's been working with since this legislation has been developed through the course of the legislature, and he can provide us with a little bit more information, I think, on the wherewithal of this PACE program, at least as he knows it from the financial side. Sergio? MR. MASVIDAL: Thank you, Mark. Commissioners, again, Sergio Masvidal, Public Financial Page 20 June 8, 2010 Management. I believe your question, Commissioner, was, who secures the loans? Is that basically the question? COMMISSIONER HENNING: (Nods head.) MR. MASVIDAL: The loans serve as similar to any special assessment you would have for a sewer system or a road improvement. The loans are put on specific houses, so properties, by the property appraiser, special assessment on your tax bill. So the homeowner is the ultimate security for the loan. COMMISSIONER HENNING: Are these to the properties that receive the benefit, or is it all properties? MR. MASVIDAL: It's the property that receives the benefit, so it's an opt-in -- voluntary opt-in, as opposed to a sewer road project where you say, this stretch of road needs to be improved, and these homes on this stretch -- COMMISSIONER HENNING: Is there a secondary secure (sic)? MR. MASVIDAL: That's a good question. And in Florida, just to be clear, no program -- while PACE is developing in several counties, no program has been established yet, so there has not been any financing put in place to this point. There's been discussion, and really it varies county by county on what the administration and what the policymakers' will is, but there can be a backstop pledge from the counties if that's the will. That would reduce the interest rate a little bit. But certainly, similar to how you do special assessments, it can be done on a standalone basis just with the property owners. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: I have a lot of questions about how this would be administered, who would administer it, who would cover the administration costs, particularly those associated with the county government, and who deals with defaults on these loans and what Page 21 June 8, 2010 exposure we have. Now is not the time to do that. You have not really given us a specific proposal. MR. HART: Correct. CHAIRMAN COYLE: So we can't react to anything. You've asked for guidance to proceed to develop a specific proposal. MR. HART: That's correct. CHAIRMAN COYLE: And I certainly wouldn't have any problem giving you that guidance with the caveat that it is not to interfere in our staffs work toward getting a budget and doing the very serious financial things we've got to do for the rest of this fiscal year. So Commissioner Coletta, would you like to make that motion that we give them guidance to proceed with staff based on the staff availability? MR. MITCHELL: Sir, we have three speakers. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Well, why don't we wait 'til the speakers take place. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: But I like the direction you're going. And of course, we don't want to burden staff with any undue process. But this task force has reached the limits of what they can personally do, and we need staffs intervention now to be able to go through the rest of the discovery process. If we could hear the speakers first, then I'll make that motion. MR. HART: And let me just add to that, if I could, Commissioner Coletta, is the good news here is that among the task force we have some of the best and brightest minds. CBIA has been working with us all along, and the task force itself and individuals there will go a long way in helping develop this, just as we are a citizen initiative. We'll continue to do that and do a lot of the work ourselves in the couple -- next couple of months. CHAIRMAN COYLE: Okay. Thank you very much. Page 22 June 8, 2010 Call the first speaker. MR. MITCHELL: Sir, your first speaker is David Aldrich, and he'll be followed by Michele Klinowski. MR. ALDRICH: Good morning, Commissioners. David Aldrich, Collier Building Industry Association. I don't want to reiterate what's been said. We think -- see this as a win-win. Obviously from -- anything to create jobs in the private sector. The biggest caveat that we would have, we do not want this to have an impact on taxpayer dollars, clearly. That would be the underlying -- my underlying basis on that. Lastly, you don't want to take time from staff to get the budget completed; I agree with that. If -- this is a win-win from the environment, this is a win-win for our local jobs to try to get some more activity in our sector, which is desperately needed right now. So we have been able to participate in this task force, and it -- we see this as a great model. If it does work going forward, not costing taxpayers money, creating more jobs, this may be a model for us to look at for other opportunities in this county. Thank you. CHAIRMAN COYLE: Thank you very much, David. MS. KLINOWSKI: Good morning, Commissioners, Michele Klinowski speaking on behalf of the Greater Naples Chamber of Commerce. The PACE program will enable our local businesses and residents to reduce energy costs, at the same time, putting folks back to work at no cost to the taxpayers. We encourage you to dedicate staff time to help investigate this further. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker is Cloe Walterfield. MS. WATERFIELD: Good morning, Commissioners. Cloe Page 23 June 8, 2010 Waterfield. I have a company called 2050, and I've been participating with Commissioner Coletta and Mr. Steve Hart on the task force effort. And I want to speak and encourage you to support dedicating some staff time here at the county to really focus on this initiative. I want to just let everyone know this morning that today's World Oceans Day, and we're on day 50 now of an unprecedented event in the Gulf with the oil leak, partly because of our dependence on fossil fuels. I want to remind you this morning that about 90 percent of our power in Collier County in 2007 was derived from fossil fuels. F or the State of Florida in the year 2007, only 2 percent of our energy, our electric consumption, was from renewable energy, 2 percent, and this is the sunshine state. These are important numbers. We have sunshine. We have wind. What we don't have is the regulatory framework in place to create a market that moves renewable energy forward. And the PACE project, the PACE program, is a really important piece in the puzzle, because the issue as we all know is, it's just too expensive, simply. To put PV panels, photovoltaic panels on your home, which could power, in many instances, about half of your horne's electric consumption, is about $30,000. There are some tax credits available, but the State of Florida ran out of money for rebates. So homeowners are stumped. Even if you want to move forward and move towards clean energy, it's just too much money. This is an opportunity, at little effort, little cost from the county, to really help homeowners move forward and to really set the stage here in our county for a much cleaner and more prosperous future. Thank you. MR. MITCHELL: That was your last speaker. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Go with Commissioner Fiala Page 24 June 8, 2010 first. CHAIRMAN COYLE: Okay. All right. Commissioner Fiala. COMMISSIONER FIALA: Steve, could you tell me what types of improvements to the home, just generally, you're talking about. MR. HART: The only requirement in the legislation is that the improvement be attached to the structure. So we can -- we're talking anywhere from simply retrofitting your doors and windows, making them tighter, or in this case now because it's Florida, making them harder, put hurricane doors and windows in. It can go anywhere from that to solar water heater, solar panels on the roof, wind turbines, if you can. It can be any number -- it can be as simple as redoing your roof. You know, we lose a lot of energy just through our roof, particularly with a lot of our 1960s and '70s homes. And just even more insulation and redoing your roof reduces a lot of energy waste. And so it -- what we'll be developing, I'm sure, over the corning months, is a menu of improvements homeowners can make. We'll look to contractors to help us with that, and then homeowners can select based on their circumstances, their wishes, their budget, what they would like to do. You know, at this point, any reduction in energy use that creates a job is moving forward. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. And the reason I brought this before the commission is, I'm very conscious of the fact that task forces are working outside of the purview of the commissioners, and this has been going on for a little while, and it's involved a minimal amount of staff. I don't feel it's right for any commissioner to occupy too much of staffs time without the rest of the commission being briefed on what's taking place and to receive their permission to be able to proceed. So that's mainly why we're here today. The next step that we need to go through involves all sorts of discovery as far as how this loan structure would be put together, how Page 25 June 8, 2010 it would work. We -- what I'm asking for is staff time to be able to work on this to be able to prepare an official report to corne back to you hopefully in September, but if staff time is pressed, maybe possibly in October. And I'm also asking for this commission to give us permission to, on our website, to be able to put in basic information on what the PACE program is, similar to what you've seen here today, and also to allow us to be able to have on the web site a place for people to be able to preregister if this program does become viable, just to be able to start to gauge the public interest in it as to what exactly their interests would be. We don't want to go down that road of putting something all together and finding out that there's minimal public interest. CHAIRMAN COYLE: Okay. Is that a motion? COMMISSIONER COLETTA: That's a motion, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: My only concern about putting it on the website, you build expectations, and it might not happen. COMMISSIONER COLETTA: That's absolutely correct. But once again, it's -- it would be put in there in a context that you know it's under study; we're going forward. If you have an interest in this particular program as outlined above, which may be different than what we actually have of a final project, please register here. It just gives us a way to gauge it. South Florida Regional Planning Council recently did something similar when they carne up with a program for retrofitting homes with certain energy saving devices, and they ran a preregistration on there. Well, as it comes to be, they didn't get the funding. Somebody else did. But at that point in time, they were trying to build up enough of a clientele to make sure it was a viable program. It's purely a suggestion. I'm open to any suggestion this commission has. Page 26 June 8, 2010 COMMISSIONER HENNING: I would be happy to leave it off the web site until we -- the board decides whether to be a participant in this program so we don't build expectations like what failed in the Regional Planning Council. MR. HART: Commissioner, as we move forward to design the program itself, we're going to be, at the same time, conducting quite a public relations campaign to educate people about what this is and to generate interest in it and property owner interest in it, and we'll be developing a website to gauge public interest. And it's all part and parcel of the same thing. CHAIRMAN COYLE: If I could just add a few comments to that. We're constantly plagued by reports that the County Commission is doing this or they're doing that based upon incomplete information, and then we spend a lot of our time trying to correct the record. Once it appears in the newspaper about staff studying something, it somehow gets translated into action by the Board of County Commissioners. So I fully support Commissioner Henning's concern that we be careful about what we do until we have enough information for the public to judge it. I think you need to corne up with a plan, and when you corne up with a plan and we endorse it or approve it, that's the time to begin the public relations program. You start doing this too far in advance, you get way out in front of the decision curve, and it creates more consternation and potential disappointment, and it just isn't a good way to proceed, in my opinion. And we've been burned by that on numerous occasions in the past. COMMISSIONER COLETTA: Well, let me give you a comfort level, and I'll remove that part from my motion -- CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: -- and just ask for the staff to be able to corne back with its findings -- CHAIRMAN COYLE: Okay. Page 27 June 8, 2010 COMMISSIONER COLETTA: -- as soon as they have enough time to be able to put it together, hopefully in September. CHAIRMAN COYLE: Okay. MR. HART: And should anyone ask, you can tell them this is a citizen initiative that is corning before you. COMMISSIONER COLETTA: That would be absolutely correct. CHAIRMAN COYLE: And -- but they need to know what the citizen initiative is and they need to know which citizens initiated it. MR. HART: Okay. CHAIRMAN COYLE: Right? So there's a lot to be said. MR. HART: Point well taken. CHAIRMAN COYLE: Okay. MR. HART: Thank you, Mr. Chairman. CHAIRMAN COYLE: Thank you very much. We have a motion on the floor to provide guidance for you to proceed with the staff, subject to availability of the staff, and bring back to us a more complete and detailed report that we can, perhaps, take action on. Is there a second to Commissioner Coletta's motion? COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: I'll -- okay. Commissioner Fiala seconded. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. HART: Thank you, Commissioner. CHAIRMAN COYLE: Thank you very much. Page 28 June 8, 2010 Item #9B DISCUSSION REGARDING REVISED UTILITIES ORDINANCE 2008-32, SECTION 4, RESOLUTION 2009-224 REGARDING ADDING METERS ON BUILDING FIRE LINES AND THE EFFECT THIS WILL HAVE ON THE INDUSTRY - MOTION PROVIDING AN ADMINISTRATIVE STAY ON FURTHER IMPLEMENTATION, AFTER APPROPRIATE VETTING, STAFF TO PROVIDE A DETAILED REPORT AND BRING ITEM BACK FOR RECONSIDERATION AT A FUTURE BOARD MEETING ~ APPROVED MR. OCHS: Commissioners, Item 9B is an item to discuss the Revised Utilities Ordinance 2008-32, Section 4, Resolution 2009-224 regarding adding meters on building fire lines and the net effect this will have on the industry. This item is placed on the agenda by Commissioner Henning. COMMISSIONER HENNING: Commissioners, the attached correspondence from Community Development Advisory Committee, and some backup material -- and of course, you did receive some material from Kathleen Curatolo, who's the Executive Director of CBIA, with the cost analysis of implementing the fire sprinkler metered -- a second meter for commercial properties is very expensive, and I would like the board to repeal that legislation, that policy, in an upcoming future agenda. CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead. We have a motion by Commissioner Henning, however, on the table. Is there a second? COMMISSIONER COLETTA: I'm pretty much thinking -- if I could just ask a question first, sir. CHAIRMAN COYLE: Okay. Go ahead. Page 29 June 8, 2010 COMMISSIONER COLETTA: You're talking about bringing it back for reconsideration; is that correct? COMMISSIONER HENNING: Yeah. Bring it back to repeal that legislation. COMMISSIONER COLETTA: Well, reconsideration to repeal it. You can't repeal it at this point in time. We have to have a report. I just want to make sure I understood. I second your motion, because this is corning back for consideration. CHAIRMAN COYLE: Is that okay with the motion maker? COMMISSIONER HENNING: It's -- we're bringing it back for repealing it. At that time the board has to vote on it. At that time we'll probably have debate. I think we're saying the same thing. COMMISSIONER COLETTA: I think we are. MR. KLATZKOW: I think we're saying the same thing. If the board wishes, we'll bring back an ordinance basically repealing the change at a future meeting. COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: Okay, all right. Does staff have any report? MR. OCHS: We would like to make a report at the appropriate time. CHAIRMAN COYLE: Let that be the next meeting then if we're going to be reconsidering it. If we have the next meeting, are we obligated to rescind it? MR. KLATZKOW: No. It will be a board vote. I mean, you'll have all the information in a full executive summary. CHAIRMAN COYLE: Then bringing it back for reconsideration is the proper thing to do. And if you want to make a report, we can have the DSAC here to make a report, we can have the CBIA here to make a report, and we can make a decision; is that right? MR. OCHS: Yes, sir. That's fine. Thank you. CHAIRMAN COYLE: Is that -- Page 30 June 8, 2010 COMMISSIONER HENNING: That's fine, but also in that information, I want a little bit more complete information about loss of water, where the source is, how much has been saved since this new policy's been implemented. MR. OCHS : Yes, sir. COMMISSIONER HENNING: And the source of the data, where it's corning from. MR. OCHS: Very good. MR. KLATZKOW: And just for clarification, what we'll be bringing back is the entire issue before the board, then the board can direct us to advertise the ordinance for a change. I don't have enough time to advertise the completion now. COMMISSIONER HENNING: I believe -- I believe the policy was through a resolution. MR. KLATZKOW: I think it was an ordinance change, too. There's also a resolution you'll have to look at and decide whether or not you want to rescind that resolution as well. But we'll bring -- we'll bring the full issue toward you. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a few items. I did want to hear from the speakers, but one of the things I wanted to make sure was that, when we bring it back, it's properly vetted. I got a letter here from CBIA, and they said it had never even been discussed with the industry, fire districts, or DSAC. And so I wanted to make sure that that was carried through before it's brought back to us so we hear their comments and their input, and then -- and with regard to cost versus benefit, that's an important thing as well. And then in the items that I received from staff, it was interesting. It repeated here over and over again that the reason they're doing this is to ensure that all water used for testing or Page 3 1 June 8, 2010 consumed through illegal connections is paid for by the entity benefiting from the usage. Well, if it's -- if they're going to charge the people who are illegally connected, how do they know who it is, you know, to charge them, or does the person who has the connection on their property get to pay for it because somebody else is illegally connected to it? You know, that left me very, very cold. And it mentioned that a couple times, and I wanted to make sure we determine who actually gets paid, the people who are illegally using the -- I mean, who actually pays, the people using the water illegally or the guy who's stuck with the water bill? Then the next thing is, it was a requirement that was discussed at a meeting, and all that -- in attendance. Now, this is -- they were talking about, snuff this requirement under the radar. And it said, all in attendance understood the reasoning. Well, who was in attendance? Many times we see a public information meeting held and two people are there. Is that how many people were all in attendance? I wanted to get more information on that. And let's see. There was one other thing here, and I'm afraid I'm not going to get to it quickly enough. Well, that was the same thing again, the same with the illegal collection. So thank you. As long as we're discussing it, I wanted to make sure that's on the record. CHAIRMAN COYLE: Okay. The -- there are only two speakers, right? MR. MITCHELL: No, there are five speakers. CHAIRMAN COYLE: Five speakers. Who are the five speakers? MR. MITCHELL: There's Jack Pointer, Roy Marchett, David Aldrich, Bill Varian, and Bobby Dimodica. CHAIRMAN COYLE: Do any of the five speakers have any objection to the action we're prepared to take right now, which is to Page 32 June 8, 2010 bring this back and review it in detail with the objective of making sure it's fair or eliminating this requirement entirely, or you all wanted to speak here as well as next time? MR. ALDRICH: I would just have a request to -- if possible. The ordinance and the -- CHAIRMAN COYLE: Please state your name. MR. ALDRICH: Oh. David Aldrich, Collier Industry Association. We would like to see this to be -- have an administrative stay on it until the vetting is completed, if that is at all possible. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: Well, with board direction, yes. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I'm not sure what we're staying though, but CHAIRMAN COYLE: Well, staying the enforcement of this particular provision, I would presume. MR. ALDRICH: It would be the portion of the ordinance dealing with RPZs, reduced pressure zones, and the resolution that was passed -- I'm not sure the date on that -- regarding the fire meters. CHAIRMAN COYLE: Okay. MR. ALDRICH: Those are the two issues. CHAIRMAN COYLE: Okay. Commissioner Henning, would your motion provide for staying those two provisions of the ordinance in the resolution? COMMISSIONER HENNING: Commissioner, Mr. Chairman, I think it's appropriate at this time to make a stay on it but also, more importantly, Commissioner Fiala did make a good point, making sure this is publicly vetted through the fire departments and the building industry. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Second agreed. Page 33 June 8, 2010 CHAIRMAN COYLE: All right. Now, is there anyone who is registered to speak here who objects to us doing that, or do you want to speak now? I don't see anybody -- MR. VARIAN: If I could. CHAIRMAN COYLE: Okay. Do the others waive? Okay. Jack waives, David waives. Okay. MR. VARIAN: Real quick. For the record, Bill Varian. I'm Chairman of DSAC. As part of this -- I'm glad to see it corne back. Weare the one who sent one of the letters in. Possibly, if it needs to be vetted or discussed before it comes back to you guys, some sort of staff direction, if it's DSAC that's going to put a small subcommittee together, if you could do that for us, that helps from DSAC point of view. And again, we'll be glad to do whatever you guys would like us, to help this situation. CHAIRMAN COYLE: Yeah. I think it's -- yes, you're right, Bill. I think that the commissioners who are supportive of bringing it back understand it should be vetted properly before it comes back to us. There is no reason for it to corne back here unless it is vetted through the appropriate advisory committees. MR. VARIAN: Thank you. CHAIRMAN COYLE: So with that said, Commissioner Coletta, do you have anything else, or is that from last time? COMMISSIONER COLETTA: No. He just added the parts that I was concerned about. CHAIRMAN COYLE: Then we have the motion by Commissioner Henning. It's seconded by Commissioner Coletta. MR. OCHS: Mr. Chairman, if I might? CHAIRMAN COYLE: Yes. MR. OCHS: Just before you take the vote. A point of clarification then for staff direction, is it appropriate then, or the board's will, that we work through the DSAC, and then the DSAC will collaborate with their other industry partners so we'll have one vetting Page 34 June 8, 2010 through the DSAC before we bring this back to the board? CHAIRMAN COYLE: That would be acceptable to me. MR. OCHS: Okay. CHAIRMAN COYLE: And I guess the others. MR. OCHS: Very good, sir. CHAIRMAN COYLE: But we need to get the questions answered that Commissioner Fiala has brought up and Commissioner Henning has brought up. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. And it must be properly vetted. MR. OCHS: Yes. But she mentioned CBIA and the fire groups. If they can work in collaboration through DSAC then, that would, I think, make it more expeditious for us to get this back to the board. CHAIRMAN COYLE: Okay, all right. Very well. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. That brings us to 9C. Item #9C RESOLUTION 2010-117: APPOINTING RONALD GILMER GILBERT TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED MR. OCHS: 9C, sir. It's an appointment of member to the Ochopee Fire Control District Advisory Committee. Page 35 June 8, 2010 COMMISSIONER COLETTA: Motion to approve Robert Gilbert. CHAIRMAN COYLE: Motion to approve Robert Gilbert by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any discussion? Well, it's too late for that, isn't it? There's no discussion. So it -- anybody objects, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you very much. Item #9D RESOLUTION 2010-118: RE-APPOINTING DAVID CORREA AND ZETTY YETNY RIVERA TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED MR. OCHS: 9D is appointment of members to the Hispanic Affairs Advisory Board. COMMISSIONER HENNING: Mr. Chairman, I make a motion we appoint David Correa and Zetty Rivera. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning, second by Commissioner Coletta. Any discussion? Page 36 June 8, 2010 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. Motion passes unanimously. Item #lOA STAFF'S TWO YEAR REPORT AND RECOMMENDATIONS REGARDING THE COUNTY'S LOCAL VENDOR PREFERENCE POLICY - MOTION TO STAY CURRENT POLICY AND FOR COUNTY MANAGER TO MEET WITH STAFF AND THE ECONOMIC TASK FORCE REGARDING ANY IMPROVEMENTS TO THE POLICY - APPROVED MR. OCHS: Commissioners, that takes us to Item 10 on your agenda, county manager's report. lOA is a recommendation to accept staffs two-year report and recommendations regarding the county's local vendor preference policy. Mr. Steve Carnell, your Purchasing General Services Director, will present. MR. MITCHELL: And we've one speaker. MR. CARNELL: Okay. And good morning, madam, Mr. Chairman and members of the board, I'm Steve Carnell. Your purchasing policy contains a provision to afford local vendors a preference in our formal competitive processes, and the Page 37 June 8, 2010 board adopted this procedure back in 2008. And I'm just going to take you through a couple of quick highlights so everybody watching and here in the room can just have an overview of the information that we've observed during the process. Policy was adopted two years ago. It, again, primarily applies to purchases under sealed bids and competitive proposals processes. And the policy was to be effective for two years with an annual and a biannual report to the board from staff, and today represents the biannual report, or the two-year report, and the policy also has a requirement the board needs to take affirmative action at the end of two years as to whether to continue the policy. There is a sunset provision, and otherwise the policy will go away if the board takes no affirmative action at that time. So that's where we are today. Just to give you some information about what we've observed and experienced over the two years, in the sealed bidding process, our participation rate -- and that means the number of Collier-based bidders who are actually tendering sealed bids -- has been essentially the same. It's gone -- varied from 40.1 percent over the three-year average prior to the L VP process to 41 percent during the local vendor preference policy period of two years. The awards to Collier vendors has increased with the implementation ofthe L VP period from 36.3 percent per year for the three years prior to 41.2 percent over -- during the two-year preference policy. CHAIRMAN COYLE: How does that turn out to be an 11.3 percent increase? MR. CARNELL: Because basically you're -- it's percentage into percentage; 41.2 is 11 percent more than 36.3. That's why. It's just their percentage points went up 11 percent. So-- CHAIRMAN COYLE: Thirty-six to 41 is II? MR. CARNELL: No, no, sir. It's -- 41 percent is 11 percent more than 36 percent. Page 38 June 8, 2010 CHAIRMAN COYLE: Yes, okay, okay. MR. CARNELL: The policy has altered the award of seven of 183 contracts to date. Now, on the competitive proposal side, the participation of Collier firms has increased considerably, from 22.3 percent to 30.5 percent. And the awards to Collier firms have increased even more dramatically from 26-and-a-halfto 40.5 percent. A lot of that has to do with the RFP for engineering services that we did where we got considerable more local participation, but we also have other contracts where there's been more utilization of local firms. And again, we've invoked -- the preference policy there has really only affected two of the 52 awards that have been made under that process during the two years. Just generally speaking, our expenditures have increased from 39.7 to 50.5 percent. That's just dollars going out the door, if you will, for purchases of goods and services during the two-year period versus the three-year average prior. We've also -- the purchasing department in particular, and some of your other operating departments, have initiated vendor outreach efforts, and I want to commend each of the commissioners. Each one of you really has had some different participation in this. I want to thank Commissioner Fiala for your assistance with the Marco Island Chamber, Commissioner Henning with the Naples Chamber, and Commissioner Coletta for referring us to the Eastern Collier County Chamber. We've had contact with all of them. And the Naples Chamber is presently publishing all of our formal competitive notices on a weekly basis in their newsletter. And then the Marco Island Chamber, we've conducted a how-do-we-do-business-with-the-county seminar with that group, and we've had some meetings with some of their members who are interested in specific county purchases, and we've been able to kind of broker meetings with them and county departments that use those Page 39 June 8, 2010 goods and services. So our departments are more aware of those vendors as well in the current process. So we're pleased with that outcome. A couple of negative ramifications that have occurred throughout the two-year period. In the -- you may remember this from last year. In the first year of the implementation of the policy -- at the end of the first year we surveyed our non-bidders, people who elected -- who were invited to bid and did not bid. Actually, we did it on an ongoing basis during the first year, and we asked them different reasons as to why they chose not to bid, and 13 percent said they had decided not to bid because of our preference policy. There were two instances where a Collier-County-based firm lost business in another county due to the preference policy where the other county reciprocated, or retaliated, whatever word you'd like to use, where they applied the Collier policy against our vendor and extended a right to match to the local vendor in their area. We have received some letters and complaints from vendors regarding the policy where people have just written to me and said, we're not participating because of this policy. And we've had a few protests that have made their way to the board, I think about four, related to the local vendor preference policy over the two-year period. Now, all that said, as I said to you earlier, the board needs to make a decision today as to how it wants to proceed going forward with this policy, and staff sees as four options worth considering. One would be to consider to continue the policy as is with no changes at the present time. Another option would be to continue it but to alter the right-to-match process that you use for sealed bidding and replace it with a best-and-final-offer step. And just so everybody's clear, what the policy calls for now is -- on the sealed bidding side is, if we have a -- we receive bids and a low bid is from a non-local bidder and there is a local bidder who falls within 10 percent of the lowest bid, then we Page 40 June 8, 2010 presently afford the lowest local bidder who fell within 10 percent a chance to match; that's the right to match the price from the lowest bidder. That's what has been our practice. The negative ramification of that is -- and it goes back to people saying they don't want to bid, don't want to compete, or are protesting -- has been that we've had complaints from the local -- the low bidders saying that they feel like they're just setting the bar, and then they're being unilaterally excluded when we go to the right-to-match. The alternative there would be to continue to afford our local bidders a second chance, so to speak, by having a best-and-final process where the lowest bidder would -- and if there is a local or more than one -- any local bidder who falls within 10 percent would be invited to participate -- to give a second bid, and we would leave the local -- the lowest bidder in the process as well. So they'd all have a second round of bidding, if you will. The advantage of that is, I think you would keep more bidders in the process in aggregate if you did that, and it heightens the competition. The third option would be to reduce the right-to-match range from 10 to 5 percent. That would align you a little bit more with what would be common profit on a number of the jobs that people contract for with the county. I'm repeatedly told, particularly service contracts, construction, that the operative rate of profit is less than 10 percent, and if that's true, then essentially we're asking people by default to lose money on the job if they want to match a price, potentially, if they're at that top end of the range. So if you reduced it from 10 to 5, again, it would be a little less onerous, a little more likely that people would remain profitable, so to speak, in their right-to-match offers. Then the option, or course, is to sunset the policy if you think we've made sufficient progress in terms of increasing vendor involvement. So those are our four options before you, and I'll take any Page 41 June 8, 2010 questions from the board. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. You mentioned the fact that the Naples Chamber of Commerce and the Marco Chamber of Commerce received a notice, and you added the Immokalee -- or excuse me -- Eastern Collier County Chamber of Commerce to that list. Would you also please add the Everglades City Chamber of Commerce and the Hispanic Chamber of Commerce -- MR. CARNELL: Be happy to. COMMISSIONER COLETTA: -- to that notification list? MR. CARNELL: Sure. COMMISSIONER COLETTA: Now, tell me if I'm right on this. According to the agenda item here, the PFP awards to Collier vendors have increased from 26.5 percent to 40.5 percent. That's a 65 percent increase in local vendors receiving contracts. I think that was the whole objective we were trying to get to in the beginning. I don't want to do anything that's going to discourage vendors. If this -- there's never going to be fair in this world. There's no way on God's earth we're ever going to corne up with something that's totally fair, but if we're going to be on -- we're going to be unfair, I'd rather be unfair to those people that do not do business in Collier County than those people that do do business in Collier County. I'm looking for the best value I can for the taxpayers, but taxpayers are the vendors that we have out there who live in Collier County . So I'm not too excited to change anything on this particular program. It seems to be working well as we stand right now. I am a little bit interested though in what you proposed as far as the ability to rebid. If you'd explain that one more time, I would negotiate that. MR. CARNELL: Sure. The existing process under your policy is that if we receive bids and the lowest bid is from a non-local bidder, and let's say two bidders, two local bidders, fall within 10 percent of Page 42 June 8, 2010 the low bid price, say one is 5 percent higher and one's 8 percent higher, what we would do in the current process is we would go to the local -- the lowest local who's within 5 percent of the low bid, and in a unilateral offer, we'd say to them, are you willing to match the lowest bid? In other words, lower your price in this case 5 percent. And if they're willing to do that, then we will make the offer to them and we will recommend -- and we recommend award through the Board of County Commissioners to them as the lowest bidder meeting the lowest price. And so that's the way the existing process has been, so that the original low bidder is left out at that point. He's kind of set the bar, and then he's off to the side. And of course, I've been getting complaints and negative comments. And I've had some people say, I'm not bidding because I'm not here just to set the bar for you and be used and taken advantage of, in effect. It takes a lot of cost preparation to submit a bid, and people don't want to essentially be gamed by the system. So what -- the alternative we're suggesting to consider would be, under that one, would be that instead of just simply going to the lowest local bidder and giving them a yes-or-no opportunity to match the price, what we'd do instead is -- go back to my example. Let's say there's the lowest bidder from outside the area, then you have a lowest local bidder who's 5 percent higher, and then there's a third local bidder who's 8 percent higher, in other words, within 10 percent, he's within the 10 percent. We'd go to all three and we'd have a second round of competition and we'd say, give us your best-and-final offer. And then we'd say, we need all bids in among you three finalists by Friday at three o'clock, and it would still be a sealed bidding process, but they'd corne back and re-tender their prices. The -- and what you have is more competition because you have three in the game instead of one at that point and stage of the game. The locals get preference because they get a second shot to Page 43 June 8, 2010 compete where, in the traditional system they would have -- you just would award to the lowest bidder and move on. So you're still affording some preference, but you're giving that low bidder who set the market for you a chance to stay in the game. COMMISSIONER COLETTA: Well, my concern with that is, you mentioned just a moment ago, too, about, they're working with a 10 percent profit margin. If we get to the point that we get the lowest bidder and get them to corne back and bid again, lower even yet, we may put ourselves at a disadvantage working with somebody that's making a minimal amount of money or none whatsoever. So I think that might be a disadvantage. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. All along I've stated, I'm mostly concerned with making sure that our business people have the business -- get the business. They live here, they work here, they pay taxes here, they shop here. And that's -- you know, that goes without saymg. I would love to hear from some of the people who either benefit or don't benefit by this. I was a little disappointed to see that only two of the 52 proposals out of the RFPs and only seven out of 183 actually were altered to benefit a local company. That -- you know, that wasn't very much. But maybe, is there a way that we can hear from some of those people, whether it be the engineering firms or architectural firms or CBIA or whomever, or EDC, to give us a little input? I think this is so important to our business community, and I hate to make the decision without input from them. COMMISSIONER HENNING: We have one speaker. COMMISSIONER FIALA: We have one speaker? MR. MITCHELL: The speaker is David Aldrich. CHAIRMAN COYLE: Okay. MR. ALDRICH: Good morning, Commissioners. David Page 44 June 8, 2010 Aldrich, Collier Building Industry Association. The Economic Recovery Task Force is looking for immediate stimulation for our community. This -- I see this as being a win-win. And it could be a great way to try to stimulate more of our own business members here in town. I would like to see an immediate task force put together, love to work with you, also, I believe, with the chamber and a few others to try to keep as many of our dollars local at this time. I agree that this must be sunsetted at some point. I am all in favor of free enterprise. I have had numerous conversations with our county manager and also Nick Casalanguida. And if you don't have free enterprise and open bidding, we are going to be paying too much out of taxpayer dollars. We have an immediate need in the county. I think we need to address it immediately. I would like to try to do something with you, I mean within the next couple weeks, to try to get something to move forward here, put a sunset clause on this so we can get to -- but we can get some dollars into our local community. It is -- it's a free -- it's a free opportunity for us. It doesn't cost us anything. The dollars are already there for projects. I would like to see a study on the trickle-down effect for -- if we're paying 5 percent more to one of our local vendors, what is the true impact on our county? That's the person that's going to the Publix, that's the person that's going down the street to do -- to work with our other local businesses. We have not -- I have not seen a study on that. I know it exists, but I would like to see a study on that because I think that's very important for what we're talking about today. Whatever we can do to try to get more business into our community at this time to keep the business moving and to stimulate our economy, that is what the Building Association would like to see continue to happen. I know the chamber stands agreed with us on Page 45 June 8, 2010 that, and also, I believe, probably NABOR as well. So I would -- I can't speak for them, but we would like to see a task force with those bodies put together to contribute to this. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: There is a task force, economic task force, today; is that correct, David? MR. ALDRICH: Yes. COMMISSIONER HENNING: Well, if that's correct, we don't need to put anything else together. I'm going to make a motion that we stay the present policy and direct staff to -- direct the county manager to set up a meeting with his staff to meet with the economic task force -- MR. OCHS: Recovery Task Force. COMMISSIONER HENNING: -- Recovery Task Force to possibly enhance this policy. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning. Is there a second? Okay there's a second by Commissioner Coletta. COMMISSIONER COLETTA: Yep. CHAIRMAN COYLE: Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. Page 46 June 8, 2010 COMMISSIONER FIALA: I have a question. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: After this task force meets with the county manager and they corne up with some recommendations, will we be bringing this back again to consider? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: That was my intent, yes. CHAIRMAN COYLE: Yes, that's right. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Yeah. We can't change it without doing that, but we would -- Commissioner Henning's motion was to make it better, so that implies a potential change, which would require a further hearing, right? MR. OCHS: Yes, sir. MR. CARNELL: Yeah. We would bring back recommended changes. CHAIRMAN COYLE: Okay, very well. Item #10B A DEVELOPER AGREEMENT BETWEEN CORRADI AIRPORT INC. AND COLLIER COUNTY TO FUND THE DESIGN, ADVERTISING, PUBLIC MEETINGS, PERMITTING AND CONSTRUCTION OF PHASED INTERSECTION IMPROVEMENTS AT ORANGE BLOSSOM DRIVE AND AIRPORT ROAD - APPROVED MR. OCHS: Item lOB, Commissioners, is a recommendation to adopt -- excuse me -- approve a developer agreement between Corradi Airport, Inc., and Collier County to fund the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road. Page 47 June 8, 2010 Mr. Nick Casalanguida, Deputy Administrator of Growth Management Division, will present. MR. CASALANGUIDA: Good morning, Commissioners. On April 13th, Mr. Corradi carne into this hearing as a public petition to ask for help and support from the commission regarding a project he has at the corner of Orange Blossom and Airport. You directed staff to get with the County Attorney's Office, prepare an agreement that might facilitate that project and still protect the county's interest. You have that in front of you today. Ifthere's any questions, I can answer them for you. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. And is there any discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. MR. CASALANGUIDA: Thank you, Commissioners. Item # 1 OC Page 48 June 8, 2010 A BUDGET AMENDMENT REALLOCATING FUNDS IN THE AMOUNT OF $2,000,000 FROM RESERVES TO THE SOUTH REVERSE OSMOSIS RAW WATER WELLFIELD PIPELINE REPAIR PROJECT, PROJECT NUMBER 70030 - APPROVED MR. OCHS: Commissioners, 4 -- excuse me. lOCo It's a recommendation to authorize a budget amendment to reallocate funds in the amount of $2 million from reserves from the south reverse osmosis raw water wellfield pipeline repair project. Project number 70030. Mr. DeLony, Public Utilities Administrator, will present. MR. DeLONY: Good morning. Jim DeLony, Public Utilities Administrator. Multi-tasking to move forward quickly. What I have before you is an executive summary outlining an issue that has arisen in our south reverse osmosis raw water pipeline in the southern -- along the 951 corridor. As outlined in your executive summary, what I'm asking for is a budget amendment and authorization to reallocate funds to go after this problem that has occurred out there. Here's the -- here's what we're going to do to try to accomplish, and we have project purpose for this particular effort. The project location, as I'd stated before, is parallel and -- parallel to 951. Right near Forest Glen is the area where we had the pipe rupture. We had two modes of failure according to our forensic analysis. One was -- appears to be a point where a rock or the pipe was literally bedded on a rock, which is improper. That is not uncommon for that to happen and the pipe burst, we repair it, game over, and we fix it and go forward from there. What is different about this one is that in addition to repairing the point of rupture, we saw this collateral damage occur within the pipe Page 49 June 8, 2010 which raised questions as to what was -- else was going on with regard to this particular pipe burst. Through the forensics analysis, which is in your executive summary, we have determined that we need to take a harder look at this than just go back and fix it. This is the phased approach we're taking. We have completed Phases I and II. We're now in Phase III whereby I'm asking by this executive summary to get the necessary skills in place and understandings in place so we can fix this both in terms of the immediate and the permanent. And concurrent with that, we also want to pursue, with all legal means possible, any remedies that we may have for full cost recovery under -- on any law. I have the County Attorney's Office fully engaged with counsel on this matter. There is a provision in this budget estimate for legal support for this full cost recovery; therefore, this is my -- our staff recommendation for this particular project. I'm here for your questions. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: When was this pipe laid? MR. DeLONY: Sir, the period of time that the pipe was laid-- we laid this between the period of -- let's see. We started in 2007, and we completed it in March of2009. COMMISSIONER HENNING: I remember that. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: I mean, that was -- MR. DeLONY: Sir, this is a very important project. I don't know if you remember the fact that we were very concerned at that time given the growth in the county -- COMMISSIONER HENNING: Right. MR. DeLONY: -- that we had to have this and we had to have it quickly. And actually the project was broken up in two phases where Page 50 June 8, 2010 I could get half the wells earlier and half later so we could make sure we had sufficient water demand. COMMISSIONER HENNING: Have you talked to the contractor about that? MR. DeLONY: Yes, sir, we have. Yes, sir. I've talked to the contractor, the engineer of record, and also the engineer that was the supervisor of the construction, inspection services, on multiple times since the event in mid February. COMMISSIONER HENNING: Wow. MR. DeLONY: Sir, we're going to fix it -- COMMISSIONER HENNING: Sure. MR. DeLONY: -- we're going to fix it right, and then we're going to go after, appropriately, the liabilities, if we can find them. COMMISSIONER HENNING: That was an expensive project. MR. DeLONY: Sir, it was an important project. COMMISSIONER HENNING: It was -- well -- but it was very expensIve. MR. DeLONY: And it was necessarily expensive given the nature of this involvement. You have 23 production wells; you have over six miles of pipeline. This was really, you know, our crown jewel in terms of our go-ahead plan for future water use -- I mean, excuse me -- water supply. And, you know, we put a lot of effort in this one. This is -- this is, indeed -- MR. KLATZKOW: Well, in-- MR. DeLONY: -- a problem for us. Go ahead, Counselor. MR. KLATZKOW: In may, I mean, we're going to be in litigation. We've got three parties. They'll be paying this at the end of the day. And, you know, I'm a little reticent to have Mr. DeLony say anything further because of that litigation. But, you know, there was a mistake made, and it wasn't by the county. CHAIRMAN COYLE: Yeah. And -- well, can we at least talk Page 51 June 8, 2010 about the extent of the problem? It -- is it going to be the entire project perhaps, or are there certain sections of the project where this problem has been identified? MR. DeLONY: We're going to do a two-pronged approach, sir. We're going to fix what we find wrong. I need this wellfield in production reliably, you know, by Christmas. So that's the reason this has got some exigent nature to it, because I got to get some folks in here. We're going to look at the problem, we're going to fix what we think needs to be fixed, we're going to test what we need to test, and restore that service. Concurrent to that, I believe, though, because of the nature of this collateral damage, I want to make sure that it doesn't repeat itself, so that will -- again, that will be part of that second prong. Did I answer your question? CHAIRMAN COYLE: Yeah, I guess as well as you can under the restrictions that we have right now. MR. DeLONY: Sir, the executive summary from the forensic engineer analysis, I think, will have some evidence as to what you asked me. CHAIRMAN COYLE: Yes. Okay. Thank you very much. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 52 June 8, 2010 CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Motion passes unanimously. MR. DeLONY: Thank you, Commissioners. Item #10D A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY AND ARMY CORPS OF ENGINEERS JOINT PERMIT APPLICATION TO CONTINUE MAINTENANCE ACTIVITIES IN THE CLAM BAY SYSTEM ON BEHALF OF THE PELICAN BAY SERVICES DIVISION - APPROVED MR. OCHS: Commissioners, Item 10D was previously 16F1. It's a recommendation to authorize the chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers join permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division. This item was moved at Commissioner Henning's request. COMMISSIONER HENNING: And the question is, is this similar or same as the item on the CAC meeting on the 10th? MR. McALPIN: For the record, Gary McAlpin. No, sir. These are two separate items. COMMISSIONER HENNING: Okay. MR. McALPIN: Two separate permits. COMMISSIONER HENNING: Well, I don't have any further questions, so I'm going to move to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Coletta? COMMISSIONER COLETTA: Yep. CHAIRMAN COYLE: Any further discussion? Page 53 June 8, 2010 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item # 12A A REPORT IN RESPONSE TO THE BOARD'S DIRECTION AT ITS MARCH 9,2010, MEETING REGARDING THE REGULATION OF COMPANIES PROVIDING VEHICLE IMMOBILIZATION SERVICES IN COLLIER COUNTY AND A REQUEST FOR DIRECTION WITH RESPECT TO AMENDING ORDINANCE NO. 08-47, AS AMENDED, AND THE MAXIMUM VEHICLE IMMOBILIZATION RATE ESTABLISHED BY RESOLUTION NO. 2009-271 - MOTION TO ACCEPT $100 FEE FOR BOOTING VEHICLES TO INCLUDE WARNING STICKERS, ACCEPTING CREDIT CARDS, AND TRUCKS TO HA VE ILLUMINATED LICENSES - APPROVED MR. OCHS: Commissioners, that takes us to Item 12 on your agenda, county attorney's report. 12A is a report in response to the board's direction in its March 9, 2010, meeting regarding the regulation of companies providing vehicle immobilization services in Collier County, and a request for direction with respect to amending ordinance number 08-47, as amended, and the maximum vehicle immobilization rate established Page 54 June 8, 2010 by resolution number 2009-271. COMMISSIONER HENNING: Aren't we -- aren't we going to go to public comment first? MR. OCHS: I'm sorry, sir. I jumped right over that. Public comment is Item 11. I apologize. CHAIRMAN COYLE: Do we have any public comment? MR. MITCHELL: No, sir. CHAIRMAN COYLE: Okay. We've just taken care of it. Now we're back to 12A. MR. OCHS: Oh, good. I got lucky. MR. TEACH: Good morning, Commissioners. Scott Teach, Deputy County Attorney. At the last -- at the previous board meeting, the board gave direction to look at three issues regarding this ordinance. One, a $75 maximum rate with the possibility of a sliding scale; two, that companies that provide booting services be licensed as a tow truck operator; and third, a possible first warning system whereby a person who may be booted for their first time is given some sort of advance warning so that they know and can correct that behavior before they're booted and charged a fee for it. Since the meeting, the last meeting, we had an opportunity to talk with the -- some of the communities, talk to the Whitestone Group through their attorneys, and in the executive summary I've laid out that Whitestone, and through their attorneys, have offered a resolution that would involve a $100 fee. Their -- their presentation to me is that they cannot operate for less than $100. I would submit to the board that, based on the conversations with the residents in some of these associations, they find this service to be -- and Whitestone is the only operation that I'm aware of through my discussions with the sheriffs enforcement agencies that do booting that -- the associations have told me that this is a very necessary enforcement provision for their homeowners' association. Page 55 June 8, 2010 And the tool by them is used in this manner. You have a lot of renters, you have a lot of homeowners who have been -- stopped paying their association dues and fees and those sort of things, and it's difficult to identify who's living there and who's corning and going. With booting, once somebody's booted, they go immediately to the homeowners' association, and then they have to identify themselves, and it helps them to try to enforce collection efforts related to other manners (sic) as well as enforcing their covenants and their rules in the community. So they, the associations, feel very strongly about preserving this tool. And as I've indicated, Whitestone says they can't do it for less than $100. I want to go over the three issues, the $75 fee that the board talked about, the licensing requirement, and the warning as well. The -- regarding a sliding scale, I didn't see a lot of that, Commissioners. I -- one of the things I did was, I immediately sent out an email to all the Florida Association of County Attorneys to ask them if they had similar situations in their various counties and to see how they addressed it. I didn't get a single response. I went through MUNI code, I looked at various cities and municipalities to see if they addressed this in some sort of fashion. There's not a whole lot that distinctly deal with the situation that we have before us today. Regarding Whitestone's compromise -- and as you know, they are suing us, and they would say that if the terms that they've laid out to us were agreed upon, that would go away as well, the litigation. The -- if the board were to consider increasing the fee from 75 to $100, I think a flat fee is more easy -- easier to administer than a sliding scale. But if the board were to consider that increase, I think that there should also be a requirement that the owners whose vehicles are booted cannot only pay via cash but also by debit card or credit card, to give the persons whose vehicle is booted some options Page 56 June 8, 2010 because they may not be able to afford to pay cash. And it's -- it gives more of a sense of a fairness to the person whose vehicle is booted who may need to go to the drugstore, for example, and needs their vehicle. If they don't have cash, they could pay by a credit card or something along those lines. So that would be a compromise that I would suggest to the board to consider if they decide that an increase to that fee is appropriate. As far as the licensing, I want to advise the board that there are specific requirements for tow truck companies who are on the sheriffs rotation. They have to have background exams; you know, they see if they have a criminal record. The sheriff requires this for their rotational tow truck operators. But tow truck operators who tow on private property don't have that same requirement. They basically can get an occupational license, and they're good to go. They might have to get a CDL, commercial driver's license, if they tow over a certain weight amount. That would be another requirement. And I understand that some of their insurance companies require them to go through schools on towing just as a requirement of the insurance coverage that they have. So the -- it really -- I don't think the requirement to have them operate as tow truck licensed operators is something that the board should consider just because there really is no state requirement. And I think that the insurance requirements should be lesser, too, because they're not -- they're not moving vehicles. I've looked at some other jurisdictions; $20,000 per operator per incident should be sufficient, something along those lines. And as I indicated, there's really only one company that's doing this in Collier County, and that's the Whitestone Group. And the last item, Commissioners, the warning requirement. Administratively -- I've talked to Whitestone, I've talked to the homeowners' associat- -- I talked to the sheriff, Lieutenant Minch and Doug Leffin, who do a lot of the enforcement, and I've talked to the Page 57 June 8, 2010 sheriffs attorney as well, and it's really, administratively, very difficult to give that first-bite warning. But I just want to share with you what some of the associations are doing now. Before they start booting in their communities, they send out notices to everybody. And in the -- with respect to Positano Place, for example, I understand they've sent out multiple notices, five notices, maybe nine notices, and some people who have their vehicles booted say, we never received them, you know. So that's what they're confronting. For an example, if we were to make some changes here -- and I'd like to go back, based on the board's direction, and sort of carve out tow truck requirements and the booting requirements separately in the ordinance. I think it would be cleaner, it would be easier for both the towers and the booters to understand, and I think -- I looked at one model in the City of Destine, and what they did, they actually put in their ordinance a requirement that properties with existing leases or rental agreements and association documents, that they provide that advanced notice before they start a booting operation within their community, so that gives a little bit of notice that the board was concerned about. And also, I think it would be appropriate to post in a common area, maybe by the pool, the rules regarding parking in the community. That would give everybody notice at a central location. And then finally in the executive summary, I indicated that maybe a sort of compromise on the warning thing would be -- for example, with Whitestone, they make four patrols a day. So if they corne around and they see a vehicle that's parked inappropriately, that they put a sticker on the vehicle that says that if it's not removed by their next patrol, or eight hours, or whatever the board considered doing, that the car would be booted, and that at least gives a little window, because in some instances I've heard situations where somebody went into their house, parked their car, and then ten minutes Page 58 June 8, 2010 later the boot was on, because it doesn't take long to put a boot on. And that would at least, perhaps, give some measure that somebody could see it; oh, I won't do that again. And the associations and some of the people here could speak to whether they think that's an appropriate remedy as well. Commissioners, that's -- I indicated to you that Lee County, they set their fee at $50. When I gave you the previous survey, there's other jurisdictions that provide higher fees. Flagler County, for example, is $100. So anywhere within that range and what the board proposed is a reasonable range. But according to Whitestone, if it's $75, they functionally can't do business in Collier County. CHAIRMAN COYLE: Okay. Thank you very much. We're going to take a ten-minute break, and then we'll corne back and finish this up. (A brief recess was had.) CHAIRMAN COYLE: Okay, ladies and gentlemen. We're back . . In seSSIOn. And we go now to the continuation ofItem 12A. We have speakers? MR. MITCHELL: Yes, sir. We have four speakers. CHAIRMAN COYLE: Okay. Call the first speaker. MR. MITCHELL: The first speaker is Jason Clark of Whitestone Group, and he'll be followed by Brian Mayhan (sic), also of the Whitestone Group. CHAIRMAN COYLE: Okay. Very well. MR. CLARK: Hi. I'm Jason Clark with the Whitestone Group. I appreciate you taking the time to speak about this today. We have been working with the county attorney and the Sheriffs Department, as well as the communities, to work a way to lower our costs, to get it down to about $100 so we can provide this service still and work with the communities to make sure they're satisfied. CHAIRMAN COYLE: Okay. Good. Page 59 June 8, 2010 MR. CLARK: And I don't know if you guys have any questions for me or -- CHAIRMAN COYLE: Any questions from the board? COMMISSIONER FIALA: I've got one. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: What other communities do you serve? MR. CLARK: You know, being on record and confidentiality agreement with communities, I can't really disclose -- COMMISSIONER FIALA: How about what other counties? MR. CLARK: Okay. Currently right now we're not working in any other counties. We do service Lee and Collier County, but currently we're not booting in Lee County. We're -- we are providing security services for Lee County. We've taken many measures to drop our price to $100 as a cost. Our cost right now is about $127. The warnings that we've always done goes by, one, the bylaws of the community, but we've always printed out letters to go out to all the homeowners' associations. We've always made sure they've been delivered door to door. And on average, it's about a 30-day period from the time those letters get sent out to the time we ever start. So that's something we've done from day one. We want to make sure everybody knows about the service and not just going out there to boot everybody. COMMISSIONER FIALA: So what you're saying is, Collier County is the only county in the State of Florida that you serve? MR. CLARK: Yes. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: Okay. Any other questions by the board? Yes, go ahead, Commissioner Henning. COMMISSIONER HENNING: Not a question, just a comment, or an observation. Lee County, just right up the street, is $50 for their Page 60 June 8, 2010 booting, or immobilization. You know, I'm okay with what Commissioner Fiala suggested prior was $75 and a first -- you know, a warning, just like they do on -- prior to towing a vehicle, they slap a sticker on the window, and you have like 12 hours or 24 hours to remove the vehicle. And ifnot, it would be, in this case, immobilized. That's kind of the direction that I would like to corne back with the amendment to the ordinance. CHAIRMAN COYLE: Okay. No other questions? (No response.) CHAIRMAN COYLE: We'll take the next speaker. MR. CLARK: Can I respond to that? CHAIRMAN COYLE: Sure. COMMISSIONER HENNING: No, that's a comment. CHAIRMAN COYLE: Oh. MR. MITCHELL: Okay. The next speaker is Brian Mayhan. MR. MAYBERRY: Good morning. My name is Brian Mayberry. I'm also with the Whitestone Group. Whitestone is here today basically for one reason, and it's for all these communities that we servIce. They've all written letters to you from either board members of presidents of the associations. These are elected officials of the associations that represent the community. They have corne to you and they have repeatedly told you that this is a service that they find invaluable to their community, that we've done great work to help benefit their community in great strides. Currently there are towing ordinances that exist. There is an alternative to the service that we're providing, but it's more expensive to the violator that's in violation of the rules, it's also more expensive to the association to deal with because they have to hire an agent of the property to then go ahead and patrol the property for them. So that being said, you know, you've heard from these Page 61 June 8, 2010 associations; they're going to continue to talk to you about it. What it comes down to, at the end of the day, they're providing -- they're asking Whitestone to perform one job; they're providing us a list of their rules, what they want us to do on the property, and we provide that service to the letter. With the associations, they've -- every association to my knowledge, we've always provided at least three weeks of notice before we've started booting. We've had letters stuffed under every door, put in mailboxes, put in common areas, but these are all issues that these associations do, and it's their job to perform that service. So also what we're doing here is, you're looking at Whitestone for what we're doing, and essentially we're looking at a rules violation and we're putting a boot on the vehicle and getting paid for that service, but also you're looking at what these associations -- with what these boards are doing, and you're also regulating of what they're able to do and what they're not able to do. So if you have any questions for me, I'd be happy to answer them at this time. Thank you. CHAIRMAN COYLE: Questions? (No response.) CHAIRMAN COYLE: Okay. MR. MITCHELL: The next speaker is Alfred Giovannetti from Bridgewater Bay. MR. GIOVANNETTI: Well, thank you, Commissioners, for giving us this opportunity to speak to you this morning. My name is Al Giovannetti, and I've been a full-time resident of Bridgewater Bay for the past six years. Bridgewater Bay has 524 units. I am president of the Carriage Horne Association consisting of 160 units. I am also the chairman of the rules committee. We do not have a neighborhood watch association. Our community was having many problems, such as residents Page 62 June 8, 2010 parking in the -- on the grass and breaking our sprinkler systems, sprinkler heads, illegal parking, overnight street parking, et cetera. Since we are a gated community, the sheriff is not able to corne in and patrol in our development. Last July we decided to hire Whitestone Security, at which time we sent out several notices to all of our residents and posted it in our clubhouse that they would be starting to boot on people who were violating our rules. From the time they started booting, the infractions reduced by 75 percent. Their visibility also in patrolling the four times that they corne in every night was very comforting to our residents. If you don't have a service similar to this, it's neighbor confronting neighbor, and that, at times, creates a problem. So I would ask that you consider increasing the fee so that it becomes worthwhile for them to corne in and perform the service, and it is most helpful for us as a development, and I would appreciate any help that you could -- you can give to us. Thank you. MR. MITCHELL: The next speaker is Jack Hedenstrom, and this is Positano Place. MR. HEDENSTROM: Good morning, Commissioners. My name is Jack Hedenstrom. I'm the Community Association Manager of Positano Place in Naples. This is a residential community of 330 units. I want to explain a few of the reasons that we would like to see Whitestone Security Group back in the business of booting vehicles. I assumed the responsibilities of managing Positano about 15 months ago, at which time we had about a dozen leases in the community. Now we have well over 125 leases, and this is basically due to Whitestone corning in and identifying the people who are living in our units. Many of these unit owners were flippers when they bought iny Page 63 June 8, 2010 Positano and got caught in the housing downturn, so they let their units go into foreclosure, they continued to receive cash rent from their renters in the units, and they didn't pay the association a dime in quarterly assessments. Entered Whitestone Company. If you don't have this sticker on your vehicle or this visitor pass hanging from your window or on -- your rear-view mirror or on the dash, you're going to get a boot. Then these people corne into my office, and they want to get one of these stickers. I see the owner owes us ten or $20,000; well, now we're going to start a conversation, okay. Thanks to Florida's legislature, Condo Reform Bill, SB 1196, beginning July 1 st, we can force these renters to pay their rent to us, the association, until all monetary obligations have been satisfied. Whitestone plays an integral part in this process. They play an integral part in this process. Booting unauthorized vehicles forces these people to corne in and talk to me. The question keeps corning up, why don't you just tow vehicles? We use the towing company if they're parked in front of a fire hydrant, in front of a garage, whatever, but -- the thing got me off cue -- but for violations of our rules and regulations, we really prefer to boot vehicles. As an example, let's say Suzie comes out in the morning to go to work. She's got Billy, her son, in tow. She comes out; her vehicle's gone. She calls the sheriff to report it stolen. Well, obviously it's been towed. Now she's got to figure out, how's she going to get Billy to daycare? How's she going to get to work? Who's going to take her down to the impound lot to get her vehicle? We've not put her in a very friendly situation. If she comes out and there's a boot on her car, the sticker's on the window, she calls the number. In 45 minutes they're out there, remove the boot, she's on her way. It's a much more neighborly approach to Page 64 June 8, 2010 enforcing our rules. We do -- we've talked about notice here. We do provide notice to all of our residents. We've given several months in the past. And I have a letter ready to go out tomorrow provided -- depending on the outcome of this meeting. And I'll be happy to share that with Commissioner Fiala and Mr. Teach. Whitestone does provide other services to our community -- CHAIRMAN COYLE: Your time has expired. Can you wrap it up for us? MR. HEDENSTROM: Yep, sure thing. CHAIRMAN COYLE: Okay. MR. HEDENSTROM: Just one comment. I can't -- I don't understand how we can justify 140 to 160 to tow a vehicle but only 50 to 75 to boot a vehicle. We have two CPAs that have looked at Whitestone's numbers, and they agree that $100 is a fair number, and I'm asking for your support. CHAIRMAN COYLE: Thank you very much. MR. HEDENSTROM: Thank you. CHAIRMAN COYLE: Was that the last speaker? MR. MITCHELL: That was your last speaker, sir. CHAIRMAN COYLE: Okay, thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a question for the Whitestone Group, actually. Commissioner Henning brought up the fact that Lee County only charges $50 for booting, and I asked Whitestone if they served Lee County. They said no. I think that they used to. If you begin to serve Lee County again, do you accept $50 in Lee but then $100 here, or how does that work? I mean, I want to save the neighborhoods, I truly do, and I want to help them, but not if you're charging $50 in Lee and $100 for Collier. MR. CLARK: No. We're not serving Lee County. We will not Page 65 June 8, 2010 be able to serve Lee County until that price comes up to at least $100. We've bent over backwards with all the communities to try to get our costs down to $100. We've eliminated some patrols, we've done some other cost sharing and are going to have to charge some of the communities to make this work. We're not going to be able to boot for 75 or 50 in Lee County, and we're going to have to start discussions with them in order to start working in Lee County. COMMISSIONER FIALA: And secondly, if we -- if we -- and I don't know how the other commissioners feel at all about this. If we acquiesce and allow the $100 booting fee, you will include credit cards? MR. CLARK: We can take -- we're set up to take debit cards right now. COMMISSIONER FIALA: No. I'm saying, will you include credit cards? MR. CLARK: Yes, we can include credit cards. COMMISSIONER FIALA: You can include credit cards, okay. I agree with Mr. Teach as far as, we don't need to have a towing license for a booting company because you don't even do anything with towing, and lower insurance requirements. I think that that was important, too. A warning sticker, I think that that's an excellent idea that Mr. Teach presented. For somebody who's three inches over a line, they shouldn't get booted for that. They should get a warning, first time. Second time, fine. Same with somebody who comes in -- and this minister comes and visits somebody, and he doesn't know what the rules are, right? A warning sticker so that the next time he comes in there, he understands the rules. I think that that's -- that's also being neighborly. And I don't know who would do the warning sticker. But if those things -- let's see. If those things are agreed upon, as Page 66 June 8, 2010 far as credit card and warning sticker, I would then make a motion to up this price to $100 for the Whitestone Group to boot cars, to accept credit cards, and apply warning stickers for the first offenders in incidental issues. CHAIRMAN COYLE: And eliminate the licensing as a tow operator? COMMISSIONER FIALA: Yes, thank you. CHAIRMAN COYLE: Okay. MR. CLARK: I can agree with the credit cards. As far as the warnings, that still goes back to every community, and I can't speak on behalf of the community. We can do the letters. We can even do the signage at the front of the community. Anything more than that would have to go back to the communities. That would increase the costs. When we give warnings right now we charge the communities. We also take photographs and keep it in a database, computers in the cars. That does increase the costs tremendously, but that would have to be worked out with the associations. COMMISSIONER FIALA: You'd have to work it out with them. I would never go any higher than $100. It pains me to go to $100, to be perfectly honest with you. MR. CLARK: Sure. COMMISSIONER FIALA: But that's it. You work it out with them as to what you want to do with warning stickers. I'm just saying that that applies in this motion. MR. CLARK: Okay. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: If you would turn to Page 7 of your executive summary, a Class A wrecker base rate is $100, $3 additional per mile if it's beyond 10 miles. I'm talking to commissioners. The -- saying that you can boot to make a small profit for $100, Page 67 June 8, 2010 knowing that you can boot more than one car at a time, probably carry several boots in the van or pickup truck or so on and so forth, I find there's some disparity there, because when you tow a vehicle, you pick it up, you take it to the yard, you drop it off. With a booting company, you have the potential to boot several vehicles in one community. So I find it a disparage (sic) -- and I understand how Lee County carne to this rate, because the practices is different, and I would imagine there would be more cost in a wrecker than a van or a pickup truck. So I don't know if we're really doing a service to the residents in Collier County, making booting $100. That would be, you know, a little bit more than towing a vehicle. And maybe the proper thing to do is to ask the -- ask the staff to take a look at those two different operations -- towing company doesn't have a problem with their rates -- and make an analysis of what is fair. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Fiala. Is there a second? I'll second it. Is there any other discussion? (No response.) CHAIRMAN COYLE: okay. I'll call the motion. All in favor of Commissioner Fiala's motion, please signify by -- COMMISSIONER HENNING: I've got a question. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: What is the towing, base towing rate, in Collier County? MR. TEACH: Commissioner, my recollection is it's 125. COMMISSIONER HENNING: One twenty-five. MR. TEACH: Yes, sir. COMMISSIONER HENNING: So -- and then what's the mileage charge after that? MR. TEACH: It's -- I believe it's $4 and maybe some change a Page 68 June 8, 2010 mile. I mean, I've gotten calls recently from some tow truck operators who say that's too high because the fuel prices have gone down, which is unusual, but -- COMMISSIONER HENNING: Yeah. MR. TEACH: And then there's -- and then, of course, there's storage fees that accumulate as well. COMMISSIONER HENNING: And what is the -- what is the storage fees? MR. TEACH: Commissioner, it depends on whether it's indoor or outdoor. Off the top of my head, I don't recall. COMMISSIONER HENNING: Okay. I mean, can't we -- can't we do it half of what the -- what it would cost to tow and store a vehicle for a day instead of making it a flat $1 OO? MR. TEACH: I can share with you this. When I had conversations last week with Lieutenant Minch and Doug Leffin with the Sheriffs Department, because of -- the cost-of-mileage fee right now is so high, that they get complaints because mileage is the bigger expense rather than the hookup fee itself. So sometimes there's -- for a single tow, you know, you're looking at $500, $600, again, because of some of those issues regarding towing and storing and gas mileage. So it's rather large compared to maybe a compromise in this instance. CHAIRMAN COYLE: Okay. Any other questions? COMMISSIONER HENNING: No. CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Motion passes 3-1 with Commissioner Page 69 June 8, 2010 Henning abstaining -- or objecting. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes you to Item 15, staff and commission general communications. CHAIRMAN COYLE: Okay. We're going to start with you. MR. OCHS: Nothing from me today, sir. CHAIRMAN COYLE: Okay. Commissioner -- County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yes. I had a very productive conversation with a member of the public who had -- has a residence in Portland, Oregon, and they're a providor for cable television and Internet to have choices. And what was relayed to me is the one company -- of course, they have less television stations than their competitor, but they're -- the base rate is $7.95 a month, and their competitor is double that, but they offer a lot more. I talked to the county manager's staff, Jamie French, and I asked him, what can we do to actively pursue competition in Collier County for those type of providers in the county? He did tell me that the company on Marco Island is pursuing the gated communities to provide that service. Of course, he was in a lawsuit with the provider in Collier County, won that, but it's going through appeal. I would really like to give the -- the board to give direction to our staff to pursue other providers for cable television and Internet to give options to the citizens in Collier County. Jamie French, very knowledgeable about that, very supportive. He also said there's a lot of existing infrastructure in Collier County Page 70 June 8, 2010 that Kent -- the school board and the Board of Commissioners own that they can just tie into and provide that service. And I'm envisioning it could be a benefit to the school board and the county by renting space on that infrastructure. So, Mr. Chairman, I would like to make a motion that we direct staff to actively pursue providers of -- Internet providers and cable television, encourage them to corne to Collier County. COMMISSIONER FIALA: I wholeheartedly second that one. CHAIRMAN COYLE: Okay. We have a motion to encourage staff to pursue cable service providers. Could we ask -- direct the staff to corne back and make a report to us? We can't do it June the 22nd -- or June the 22nd, we can't do it July the 27th. Can we say the first meeting in September? Would that be okay? COMMISSIONER HENNING: Yeah, that would be -- CHAIRMAN COYLE: Have the staff corne back and give us a report as to what the options are? MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. I'm sure you don't mean that we ought to go out and start advertising and providing incentives to anybody, but to evaluate what our options are and how we can get more Internet service providers and/or television service providers in Collier County? COMMISSIONER HENNING: If it's going to provide incentives, it would have to corne back to the Board of Commissioners. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: But even if it did, Commissioner Coyle, boy, what a service to our constituents if they can get their service cut in half, the price for their service, their existing service, cut in half. By the way, the example that I gave you in Portland, Oregon, the Page 71 June 8, 2010 provider is the same provider here in Collier County, but because of-- they have competition, they have to compete for those customers out there. CHAIRMAN COYLE: Maybe one thing we could do is ask them to provide some better programs on the channels they have -- COMMISSIONER HENNING: I like the History Channel myself. CHAIRMAN COYLE: -- because 90 percent of them are not worth watching anyway. But in any event, Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. COMMISSIONER FIALA: You keep turning my button off. CHAIRMAN COYLE: Yes, I noticed that. It's not a mistake. COMMISSIONER COLETTA: Yes. We also have directed staff to corne back with a report regarding the -- eastern Collier County as part of an initiative there for cable connections or wireless. Remember that one grant that Penny Phillippi was looking into? I'm not too sure if it's corning back through her or through our staff, but somehow, whatever's taking place there has to be coordinated with this, too, so there's not an overlap and we can understand what all the options are that are out there. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Anything else? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Don't give him a chance. CHAIRMAN COYLE: You got your three nods, didn't you, on the -- MR. OCHS: Yes, sir, we'll -- CHAIRMAN COYLE: -- internet service provider? MR. OCHS: -- bring back the staff report in September. CHAIRMAN COYLE: All right, very well. And Commissioner Fiala? Page 72 June 8, 2010 COMMISSIONER FIALA: Would you -- when you're doing that, one of the things that -- it seems to have been a great loss, and that is, first of all, ComCast put the government channel, all of the government channels, all the way down at the end of the 90s, and it's difficult for people. We used to get a lot of people commenting and watching. We like that. We like people to watch our meetings and participate in them. Once they put it down into the 90s, the channel surfers didn't corne across it anymore. So maybe the new company, number one, would put it up into a channel area where people could see it, and the second thing is, when people who have tried to save money on cable have then switched to either digital or dish, they can't get the government channels at all. So in keeping with this, when you start discussing this with the other cable companies, would you add that the government channel should be allowed? MR. OCHS: Yes, we will. COMMISSIONER FIALA: I mean, if that agrees -- if the other commissioners agree, of course. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: It sounds very reasonable. CHAIRMAN COYLE: Now, do you have any other comments? I'll just jump to you since you were started. The only thing I have is my standard, very quick, update on Jackson Labs discussions. Two things happened just recently. We had a Project Innovation meeting-- COMMISSIONER HENNING: I wasn't done. CHAIRMAN COYLE: Oh, I'm sorry. COMMISSIONER COLETTA: And you haven't got to me yet either. CHAIRMAN COYLE: Well, I wasn't intending to get to you. COMMISSIONER COLETTA: Okay, fine. CHAIRMAN COYLE: Okay. Go ahead, Commissioner Page 73 June 8, 2010 Henning. COMMISSIONER HENNING: Mr. Klatzkow sent a memo to the BCC about traveling to Orlando. I had intentions to go but will yield to the other commissioners that want to go. So that's off my calendar knowing that we have to have just one commissioner travel. CHAIRMAN COYLE: Sure, sure. COMMISSIONER COLETTA: And if it's going to be one, it should be you because you're one that's -- I'm sorry, but it should be, because you're going to have a number of dignitaries from our area going up there. You've been on top of this since day one, so it needs to be you; but, however, with that said, I do reserve the right to be able to go back on my own at some future time to be able to view this. CHAIRMAN COYLE: Well, our plan is -- and I'm going on the bus with all of the people because a member of Jackson Labs will be on the bus, and I don't want to leave them alone. I think we should have a representative on that bus with them. So I'm going to ride up on the bus there, and hopefully they'll let me ride back. But our plan was to arrange for all of you to go. COMMISSIONER FIALA: Actually I've made arrangements for me to go already, and separately. CHAIRMAN COYLE: Yeah, yeah. COMMISSIONER COLETTA: I wanted to go, but I was told it would be a violation of the Sunshine Law. CHAIRMAN COYLE: No. We are prepared to take you up there individually if you wish. The EDC will coordinate that for you. COMMISSIONER COLETTA: Let's refer to our county attorney. How can we do this? Can we advertise this ahead of time? MR. KLATZKOW: No, no. It can't be a public meeting because it's too far away from here. CHAIRMAN COYLE: We're not having two commissioners there at the same time. We're talking about them going up independently at different times -- Page 74 June 8, 2010 MR. KLATZKOW: That's fine. COMMISSIONER COLETTA: Oh, oh. CHAIRMAN COYLE: -- so that we don't have to advertise it; we won't have a conflict. And the same thing could apply to trips to Bar Harbor, too. So, you know, I'd hate to create a situation where we have even the suspicion that two commissioners are going to be at the same place at the same time, because that always creates roomers, and I don't care how careful you are. But we have discussed this at the EDC and at staff level, and the staff is going up there independently, too, to talk with some of the people, and we're setting up video conferences with the people in Orlando so that we can have discussions with them about what their experiences were and how they went about negotiating an arrangement and how successful it's been. We don't want to have to be running up there every week to do that, so we're going to try to set up video conferences with them. So yeah, please, if you want to go see these things, there are ways to do it individually without complicating the Sunshine Law. So you just let the county manager know. And EDC is going up there from time to time. They have committed to arranging a tour for you whenever it is convenient for you. So by all means, take advantage of that. And we'll deal with the sunshine thing by handling it that way and having individual meetings. Okay. Everybody happy? COMMISSIONER COLETTA: Well, anything you want to add to that? MR. KLATZKOW: No, that's fine. CHAIRMAN COYLE: Okay, good. Okay. I think it was Commissioner Henning. We're never sure if he's finished. COMMISSIONER HENNING: And I'll let you know later. I'm not sure. Page 75 June 8, 2010 CHAIRMAN COYLE: All right. Then Commissioner Henning is in recess. We're now going to Commissioner Coletta. COMMISSIONER FIALA: He through? CHAIRMAN COYLE: Who knows. It's hard to tell. COMMISSIONER COLETTA: Do you yield the floor to me, Commissioner Henning? (No response.) COMMISSIONER COLETTA: No comments, okay. So I take that as a yes; I not only have your endorsement but your proxy. One of the things that's very concerning is the FEMA maps that are going to be corning out shortly. The most concerning part of the whole thing is the timing that's taking place. It's going to fall at a point in time that our residents aren't going to be here. August is a terrible month to unveil a program as big as what is going to be deep with these flood maps. Nick, would you corne up for a moment? What I'm looking for -- Nick will give you a little bit of a blazea (phonetic) on this whole thing to be able to bring you up to where we are. In the end I want to direct the chair to write a letter to our congressional -- federal congressional delegation to make sure they're aware of this fact and the fact that we find it's an imposition upon the residents of Collier County what's scheduled at this point in time. Nick? MR. CASALANGUIDA: Sure. The maps are due to arrive in the middle of July, then we've got that 30-day period where we start to have the public meetings and you get briefed, Commissioners. Staff sent a request to FEMA via email saying, can we defer these to September, October, when our residents are back in town, people are here, and these meetings would be very productive. They cordially denied our request. And I discussed with Commissioner Coletta that it might be prudent if it carne -- the request carne from the board asking that Page 76 June 8, 2010 meetings are held when the people are here. This is going to impact on 40-,50,000 residents, and August is probably one of the worst times for us to hold public meetings. Nobody's around. Staff is going to bear the brunt of the response of this. So I thought it might be prudent if the board requested that meetings be held in September, October instead. COMMISSIONER HENNING: I agree. CHAIRMAN COYLE: Give me a letter, I'll sign it. Just so that you know, I'm still waiting for an answer to my question about, what happened to the ten years of consultant reports and study which we paid for and the City of Naples jointly funded with us that challenged the data in these flood maps? Now -- and I've often referred to this over the years as we go through as the unending project. And it seems to me like it has ended without our knowledge and without any resolution after spending all of this time and money over a decade to challenge these FEMA flood maps. I don't have an explanation yet as to what happened and why. MR. CASALANGUIDA: Would you like staff to prepare a presentation for the board, sir? CHAIRMAN COYLE: I think it would be a really, really good idea. And as a matter of fact, you might want to provide us some read-ahead information to see if it answers our questions. And if it does, we don't need to have a board briefing. But if it doesn't, we definitely need to know something about this, because this is inexcusable. I've just never seen anything like this happen before. COMMISSIONER COLETTA: In addition to the letter to be going out to our federal congressional delegation, I'd like to also direct the chair to write a commentary for the Naples Daily News. Our residents need to be in the know. He's got plenty of time, so he can do it, no problem. MR. CASALANGUIDA: Good. Will do so. Page 77 June 8, 2010 CHAIRMAN COYLE: I don't think you can direct the chairman to do that. COMMISSIONER HENNING: Right. COMMISSIONER COLETTA: Let's give it a try. COMMISSIONER HENNING: You can't. COMMISSIONER COLETTA: Yeah, we can. Sure we can. CHAIRMAN COYLE: I don't think you can direct to do that. I don't have control over the Naples Daily News, an editorial. COMMISSIONER COLETTA: Well, you can write it. They might not run it. MR. CASALANGUIDA: Anything else, Commissioners? CHAIRMAN COYLE: Write me a commentary, and then I'll look at that to see whether or not I agree with it. MR. CASALANGUIDA: Very good. CHAIRMAN COYLE: Okay. Anything else? COMMISSIONER COLETTA: I don't know. That's about it. CHAIRMAN COYLE: That's it, okay. Commissioner Fiala, would you like to go next? COMMISSIONER FIALA: I just wanted to say, Jim von Rinteln was here. How-- MR. OCHS: Rinteln. COMMISSIONER FIALA: Rinteln. I can never say that name. And he just got a new job, didn't he? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: And he's now going to be head of the Red Cross. And I just wanted to say congratulations to him. That was -- that's a wonderful achievement. MR. OCHS: Yes. Well deserved. COMMISSIONER FIALA: Thank you. That's it. CHAIRMAN COYLE: Okay. Now, I'll get back to my Jackson Labs report, and I'll try to make this brief, but I'm never quite successful. Page 78 June 8, 2010 Yeah, Commissioner Henning is in agreement with that. It's the first time he's nodded his head today. Last week I went to a Project Innovation meeting and listened to a presentation by Price Waterhouse. They have a business unit which concentrates specifically on healthcare and -- particularly on personalized medicine, which is the corning waive of the future with the genetic research that people are talking about in relation to Jackson Labs, and they have -- they have stated that the current market for personalized medicine in the United States is about $245 billion a year, and it is expected to grow to 500 billion in ten years, so it's a very, very rapidly growing segment of the economy. The president of the University of Central Florida was president -- or present, and she said that she would be delighted to have Jackson Labs locate in her facility where there are other similar bio-research organizations. But if Jackson Labs located here in Collier County, she would definitely -- well, she said it would be very exciting to consider locating a branch of her university here to be co-located with Jackson Labs. So there is some indication of interest in clustering with the Jackson Labs thing. We expected to receive a business plan from Jackson Labs last week, and we did not receive it. We think we might get something by the end of the week. I am not optimistic that that is likely to happen, and the reason -- it's nothing suspicious -- it is just this: Jackson Labs is trying to work out -- or to do what is necessary to complete an agreement with the state department or Office of Trade, Tourism, and Economic Development in Tallahassee, because in order to get the state money, Jackson Labs needs to agree to certain things. And the business plan has been submitted to OTTED, that office that will be negotiating with them, and allocating the money that the state is going to provide. And Jackson Labs wants to make sure, in the interest of consistency, that what is presented to us is exactly the same as what is presented to OTTED. And so they want to get the OTTED Page 79 June 8, 2010 negotiation and agreement signed so they can then present to us something that is official which justifies the state allocations of revenue and do it in the proper sequence. And what they're really doing is exactly what we said we didn't want to do early on in this process. We didn't want to get out in front of the state and the governor and the legislature on approving this thing, so we let it go through that process. Well, now we're having to let it go through the OTTED agreement process, and I'm not convinced it's going to happen as quickly as everybody thinks. So what I'm going to do is ask for an official communication of the following information to Collier County from Jackson Labs: Number one, the amount of money that they themselves are going to be investing in this project, the number of jobs they will create and when they will create them, and the amounts of money they need from Collier County and the State of Florida, and when will they need that money. So the schedule of payouts on the money, schedule of meeting certain milestones like jobs, and the schedule for building and -- completing the building. So I'll be asking for that information in a separate letter if we cannot get the entire business plan by the end of the week. But bear in mind, we're working through this with the Productivity Committee. The Productivity Committee is getting involved in a lot of issues, and we hope that some of them, like the economic verification of the project, will be completed soon, but it cannot be finally completed until we get a complete business plan. So that's where we are. And like most things the government gets involved in, it is a little slower than any of us would like. But the staff is continuing to work through potential funding options. The Productivity Committee is looking at that. It is a very, very complex thing, because the guidance we have given them is that whatever funding options are considered or recommended, we want to make Page 80 June 8, 2010 sure they are the ones that result in the fairest method of spreading the cost in Collier County. We don't want to saddle any particular segment of our population with an inequitable portion of any funding. And the funding is not going to be anywhere near the maximum 5.9 percent on any kind of utility franchise fee. That would be, in my opinion, excessive. It is unnecessary, and it's unfortunate that that rumor got spread by appearing in the newspaper. But in any event, that's where we are right now, and we'll keep meeting with the Productivity Committee probably on a weekly basis until we hammer out all this stuff. Any questions? And one more thing. Let me emphasize, we are going to do that bus trip for the public on the -- June the 18th, going up to Burnham, near Orlando, to view what has happened up there with a similar research cluster and give community leaders an opportunity to see that and make an assessment of what's going on there. And we -- we're prepared to take the commissioners wherever the commissioners want to go in a way that does not violate the Sunshine Law and that doesn't increase our expenses. So hitchhiking is probably going to be one of the ways to deal with that. Any questions? (No response.) CHAIRMAN COYLE: Okay. Then I've finished. Is there a motion -- COMMISSIONER HENNING: And motion to adjourn. CHAIRMAN COYLE: -- to adjourn, by Commissioner Henning, seconded by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 81 June 8, 2010 CHAIRMAN COYLE: Thank you. Oh, we will be continuing the LDC hearing at one o'clock this afternoon, which was postponed -- which was continued from last week, and so we'll be back in session for that particular hearing at one o'clock this afternoon. And we'll expect to finish by 1 :45. Item #16A1 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR CAMERON COMMONS - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A2 RESOLUTION 2010-114: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF LEA WOOD LAKES WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item # 16A3 RECORDING THE FINAL PLAT OF AVE MARIA UNIT 9, PARCEL 105 LOTS 11-18, LOTS 29-40 REPLAT - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF A CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A4 RECORDING THE FINAL PLAT OF AVE MARIA UNIT 11, DEL Page 82 June 8, 2010 WEBB AT AVE MARIA, PARCELS 106, 110, 112, 113 & 115- DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF A CONSTRUCTION PLAN FINAL APPROV AL LETTER Item # 16A5 BID #10-5424, RECORDS MANAGEMENT SERVICES TO VITAL RECORDS CONTROL, LLC FOR AN ESTIMATED ANNUAL EXPENDITURE NOT TO EXCEED $90,000 FOR STORAGE AND RETRIEV AL OF BUILDING AND LAND DEVELOPMENT SERVICES DEPARTMENT RECORDS - PROVIDING NEXT DA Y DELIVERY FROM THEIR FACILITY LOCATED OFF OF METRO P ARKW A Y IN LEE COUNTY Item #16A6 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 169RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO LANES TO FOUR LANES BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD - LOCATED ON THE NORTH SIDE OF GOLDEN GATE BLVD, UNIT 14 Item #16A7 AFTER THE FACT SUBMITTAL OF A WETLANDS RESERVE ENHANCEMENT PROGRAM GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR A GRIFFIN ROAD STORM WATER IMPROVEMENT PROJECT - CONSTRUCTED ON THE ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE PROPERTY Page 83 June 8, 2010 Item #16A8 - Withdrawn (Per Agenda Change Sheet) CHANGES TO THE DRUG FREE WORKPLACE POLICY IN THE PERSONNEL MANUAL FOR THE EMPLOYEES OF COLLIER AREA TRANSIT IN ORDER TO COMPLY WITH FLORIDA TRANSIT ADMINISTRATIONS REGULATIONS Item # 16A9 PURCHASE OF A PARCEL OF LAND AND DECLARATION OF A PUBLIC RIGHT -OF - WAY-FOR THE EXPANSION OF IMMOKALEE ROAD FROM TWO LANES TO SIX LANES Item #16A10 RESOLUTION 2010-115: 2010/2011 TRANSPORTATION DISADV ANT AGED TRIP & EQUIPMENT GRANT AGREEMENT FM #20724618401/20724638401 AND RESOLUTION AUTHORIZING THE AGREEMENT FOR A TOTAL PROJECT COST OF $652,703 - THE DISBURSEMENT SCHEDULE WILL BE $49,104.00 FOR JULY 2010 AND $48,939.00 EACH MONTH FROM AUGUST 2010 THROUGH JUNE 2011 Item #16A11 QUITCLAIM DEED FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN ORDER TO PROVIDE LEGAL ACCESS TO THE PUBLIC ROAD NETWORK FOR THE BENEFIT OF THE OWNERS OF PROPERTIES LOCATED ALONG LAKESHORE DRIVE, SOUTH OF THE SUBDIVISION Page 84 June 8, 2010 OF LAKE TRAFFORD SHORES IN IMMOKALEE Item #16A12 SUBMIT A PROGRAM OF PROJECTS FOR GRANT APPLICATIONS FOR THE FEDERAL TRANSIT ADMINISTRATION SECTIONS 5307 FY 10 AND 5309 FY 09/1 0 AVAILABLE GRANT FUNDS - FOR ROLLING STOCK REPLACEMENT, PREVENTIVE MAINTENANCE AND BUS ROUTE OPERATIONS Item #16C1 BUDGET AMENDMENT IN THE AMOUNT OF $900,000 TRANSFERRING FUNDS FROM THE MANDA TORY TRASH COLLECTION FUND RESERVES TO THE DISTRICT I FY10 OPERATING EXPENSE BUDGET TO PAY FOR DISPOSAL COSTS OF RESIDENTIAL CURBSIDE SOLID WASTE AT THE COLLIER COUNTY LANDFILL - TO COVER AN OPERATING EXPENSE SHORTFALL Item #16D1 BUDGET AMENDMENT IN THE AMOUNT OF $14,175.09 TO RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES FROM COLLECTION OF CO-PAYMENTS & CONTRIBUTIONS FROM THE COLLIER COUNTY SERVICES FOR SENIOR'S PROGRAM - TO PAY FOR ADDITIONAL SERVICES AND CASE MANAGEMENT Item # 16D2 Page 85 June 8,2010 ANNUAL REPORTS FOR YEARS 2005 THROUGH 2009 TO THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES FOR THE CHOOSE LIFE SPECIALTY LICENSE PLATE AND A BUDGET AMENDMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $79,561.45 AS PROCEEDS FROM THE SALE OF CHOOSE LIFE SPECIALTY LICENSE PLATES Item #16D3 INVITATION TO BID (ITB) #10-5412 FOR VETERINARY MEDICAL SUPPLIES AND EQUIPMENT TO SEVEN PROVIDERS: ALLIANCE MEDICAL, INC. (DBA ALLMED), BUTLER ANIMAL HEALTH SUPPLY LLC (DBA BUTLER SCHEIN ANIMAL HEALTH SUPPLY), MERRITT VET SUPPLIES, MWI VETERINARY SUPPLY, SCHOOL HEALTH CORPORATION, TW MEDICAL VETERINARY SUPPLY, AND WEBSTER VETERINARY SUPPLY, INC. IN NO PARTICULAR ORDER. (ESTIMATED ANNUAL EXPENSES: $75,000) - FOR THE TREATMENT AND CARE OF ANIMALS AT DOMESTIC ANIMAL SERVICES Item #16D4 GRANT RELATED EXPENDITURES IN EXCESS OF $50,000 UNDER THE DISASTER RECOVERY INITIATIVE PROGRAM TO FUND SUBSTANTIAL REHABILITATION ACTIVITIES FOR A SINGLE F AMIL Y RESIDENTIAL DWELLING UNIT. FUNDING WILL ENSURE CORRECTION OF CURRENT CODE ENFORCEMENT VIOLATIONS, COMPLIANCE WITH COLLIER COUNTY BUILDING CODE REGULATIONS, GRANTOR AGENCY REQUIREMENTS AND FURTHER THE Page 86 June 8, 2010 GOALS AND OBJECTIVES OF THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN - FOR DAMAGES CAUSED BY HURRICANE WILMA IN 2005 Item #16D5 INVITATION TO BID (ITB) #10-5438R PURCHASE AND DELIVERY OF ULTRASOUND SYSTEM TO PHILLIPS HEALTH CARE IN THE AMOUNT OF $74,720, WHICH INCLUDES ANNUAL MAINTENANCE FEES FOR FOUR YEARS AFTER THE ONE YEAR WARRANTY - TO ASSIST WITH HEALTH CARE FOR THE INDIGENT POPULATION COLLIER COUNTY Item # 16D6 FIVE (5) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY. APPROVAL OF THIS ITEM WILL TRANSFER PREVIOUSLY APPROVED DEFERRAL AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS WITH A CONTINUING FISCAL IMPACT OF $75,576.30 - LOT 68 LIBERTY LANDING ($15,246.26), LOT 132 LIBERTY LANDING (15,246.26), LOT 129 LIBERTY LANDING ($15,246.26), LOT 130 LIBERTY LANDING ($15,246.26) AND LOT 1 REGAL ACRES ($14,591.26) Item # 16D7 BID #10-5480 TO KELLY BROTHERS, INC., FOR THE CONSTRUCTION CONTRACT OF THE BA YVIEW PARK Page 87 June 8, 2010 PHASE I PROJECT #80060.1 IN THE AMOUNT OF $337,959- TO REPLACE AN EXISTING SEAWALL, WIDEN THE EXISTING BOAT RAMP, AND INSTALL A NEW FIXED BOAT DOCK AND NEW FLOATING BOAT DOCK WITH AN ADA ACCESSIBILITY RAMP Item #16D8 A GROUND LEASE AGREEMENT FOR COMMUNICATION TOWER WITH NEW CINGULAR WIRELESS PCS, LLC, FOR LAND AT MAX HASSE COMMUNITY PARK FOR A FIRST YEARS RENT INCOME OF $40,000 Item # 16D9 A LETTER ENCOURAGING FLORIDA HOUSING FINANCE CORPORATION TO MAINTAIN THE AFFORDABILITY OF RENTAL APARTMENT DEVELOPMENTS FOLLOWING FORECLOSURE SALES INITIATED BY THE CORPORATION AND A REPORT OF OPTIONS AVAILABLE TO COLLIER COUNTY TO MAINTAIN THE AFFORDABILITY OF RENTAL AP ARTMENT DEVELOPMENTS THAT MAYBE THE SUBJECT OF FUTURE FORECLOSURE PROCEEDINGS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D10 SECOND AMENDMENT TO A LEASE AGREEMENT WITH NAPLES ZOO, INC. MODIFING THE LEASE BOUNDARIES RECOGNIZING A LAND SWAP WHICH CHANGES THE LEASE PROPERTY FROM 43.52 TO 44.1 ACRES PLUS/MINUS Page 88 June 8, 2010 Item #16El RFP #10-5477 ARBITRAGE REBATE REQUIREMENTS FOR COLLIER COUNTY TO PFM ASSET MANAGEMENT LLC IN AN ESTIMATED ANNUAL AMOUNT OF $50,000 - FOR AN INITIAL THREE YEAR PERIOD WITH TWO ADDITIONAL ONE YEAR EXTENSIONS Item # 16E2 BUDGET AMENDMENT RECOGNIZING AND APPROPRIATING AN INSURANCE REFUND IN THE AMOUNT OF $77,900 - REIMBURSEMENT FOR EMERGENCY REPAIRS FOR A WATER LINE BREAK AT THE NAPLES JAIL KITCHEN Item # 16E3 REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS - FOR THE PERIOD OF APRIL 21, 2010 THROUGH MAY 18,2010 Item #16Fl - Moved to Item #10D (Per Agenda Change Sheet) Item # 16F2 RESOLUTION 2010-116: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #16F3 Page 89 June 8, 2010 COLLIER COUNTY'S PARTICIPATION IN THE FLORIDA DEPARTMENT OF REVENUES TAX AMNESTY PROGRAM FOR LOCAL OPTION TOURIST DEVELOPMENT TAX COLLECTION - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Hl COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE 8TH ANNUAL PARADISE COAST TOURISM AWARDS LUNCHEON AT THE NAPLES BEACH HOTEL ON MAY 13,2010 IN NAPLES, FL. $30 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED LUNCH WITH THE POLICE CHIEF- MARCO POLICE FOUNDATION AT THE ISLAND COUNTRY CLUB ON MARCO ISLAND, FL ON MAY 19,2010. $22 TO BE PAID FROM COMMISSIONER FIALA'S TRA VEL BUDGET - LOCATED AT 1083 NORTH COLLIER BLVD, #123 Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EAST NAPLES CIVIC ASSOCIATION MONTHLY LUNCHEON ON MAY 20, 2010 AT HAMILTON HARBOR YACHT CLUB IN NAPLES, FL. $18 TO Page 90 June 8, 2010 BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE ECONOMIC DEVELOPMENT COUNCIL POST LEGISLATIVE DELEGATION LUNCHEON ON JUNE 9, 2010 AT THE CLUB AT THE STRAND IN NAPLES, FL. $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5840 STRAND BLVD Item # 16H5 PROCLAMATION DESIGNATING JUNE 13,2010 THROUGH JUNE 19,2010 AS MOTE MARINE LABORATORY WEEK. MAILED TO ANGELA MILLER, MOTE MARINE LABORATORY. SPONSORED BY COMMISSIONER COYLE- ADOPTED Item #16H6 PROCLAMATIONS PRESENTED TO CALUSA PARK, LEL Y ELEMENTARY, LAKE PARK ELEMENTARY AND GOLDEN TERRACE ELEMENTARY FOR THEIR "STAR GIVERS" PROGRAM. PRESENTED TO KAREN CONLEY AFTER BCC APPROVAL. SPONSORED BY COMMISSIONER HENNING - ADOPTED/PRESENTED Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH Page 91 June 8, 2010 ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 92 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 8, 2010 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Verona Walk Community Development District: Proposed FY 2010/20 II Budget. B. Minutes: 1) Collier County Citizens Corps: Agenda of March 17,2010. Minutes of March 17,2010. 2) Collier County Code Enforcement Board: Minutes of March 25, 2010. 3) County Government Productivity Committee: Agenda of September 16. 2009; October 21, 2009; November 18, 2009; December 16, 2009; January 20, 2010; February 17,2010; March 17,2010; Minutes of September 16, 2009; October 21,2009; November 18, 2009; December 16, 2009; January 20, 2010; February 17,2010; March 17,2010. 4) Immokalee Enterprise Zone Develooment Agency: Agenda of November 18, 2009; February 17, 2010; March 17,2010; April 21, 2010. Minutes of November 18, 2009; February 17,2010; March 17,2010. 5) Immokalee Local Redevelopment Advisory Board: Agenda of November 18, 2009; February 17,2010; March 17,2010; April 21, 2010. Minutes of November 18, 2009; February 17,2010; March 17,2010. 6) Immoka1ee Master Plan and Visioning Committee: Agenda of November 18, 2009 joint w/CRA; December 16, 2009 joint w/CRA and EZDA. Minutes of October 21, 2009 joint w/CRA and EZDA; November 8, 2009 joint w/CRA; December 16, 2009 joint w/CRA and EZDA. 7) Pelican Bay Services Division Board: Minutes of March 31, 2010 joint workshop wlFoundation Strategic Planning Committee; April 5, 2010 Town Hall Meeting. June 8, 2010 Item #1611 SUBMISSION OF THE STATE REVENUE SHARING APPLICATION FOR THE FISCAL YEAR FY 2010-2011 Item #16J2 AFTER THE F ACT APPROVAL DESIGNATING THE SHERIFF AS OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE FYI0 HUMAN TRAFFICKING TASK FORCE CONTINUATION GRANT, ELECTRONIC SUBMISSION OF THE APPLICATION, ACCEPTCE OF THE GRANT WHEN A WARDED, AND ASSOCIATED BUDGET AMENDMENTS - THE ONLINE GRANT SUBMITTAL NEEDED TO BE COMPLETED BY FRIDAY, MAY 21. 2010 Item # 1613 BOARD OF COUNTY COMMISSIONERS SERVING AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM, TO EXECUTE THE CERTIFICATION OF PARTICIPATION, DESIGNATING THE SHERIFF AS OFFICIAL APPLICANT AND SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGER, APPROVE THE GRANT APPLICATION WHEN COMPLETED, ACCEPT AWARDS AND APPROVE ASSOCIATED BUDGET AMENDMENTS - FUNDING SALARIES AND BENEFITS FOR Page 93 June 8, 2010 A DETECTIVE/INVESTIGATOR AND A COMPUTER FORENSIC ANAL YST AND ASSOCIATED TRAINING AND PROJECT COSTS Item #16J4 DISBURSEMENTS FOR THE PERIOD OF MAY 15,2010 THROUGH MAY 21,2010 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 DISBURSEMENTS FOR THE PERIOD OF MAY 22,2010 THROUGH MAY 28,2010 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl MEDIATION SETTLEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED MADELINE BUONOMO V COLLIER COUNTY, FLORIDA, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $52,500 - RELATING TO AN ACCIDENT AT VINEYARDS PARK ON NOVEMBER 2, 2008 Item # 16K2 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $130,000 FOR PARCEL 804 IN THE LAWSUIT STYLED COLLIER COUNTY V MYRTLE COVE, INC., ET AL., CASE NO. 07-5038-CA (LEL Y AREA STORMW ATER IMPROVEMENT PROJECT NO. 51101.1) (FISCAL IMPACT $74,250) - FOR Page 94 June 8, 2010 CONSTRUCTION OF A MAINTENANCE ROAD ALONG A RECENTLY ENLARGED DRAINAGE CANAL Item # 16K3 SETTLEMENT PRIOR TO COURT-ORDERED MEDIATION IN THE LAWSUIT ENTITLED DOUGLAS BELANGER, SR. AS PARENT AND NATURAL GUARDIAN OF DOUGLAS BELANGER, JR., A MINOR V COLLIER COUNTY BOARD OF COMMISSIONERS, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $8,000 - RELATING TO AN INJURY THAT OCCURRED AT NORTH COLLIER REGIONAL PARK ON OCTOBER 13, 2007 Item #16K4 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $501,000 FOR PARCELS 126FEE AND 126TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. ALEXANDER CHRISTOU, INC., ET AL., CASE NO. 07-4923-CA (SANTA BARBARA BOULEVARD EXTENSION PROJECT NO. 60091)- FORA ROAD RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT Item # 16K5 COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR FUTURE BOARD CONSIDERATION WHICH WOULD AUTHORIZE AND REGULATE THE USE OF TRAFFIC INFRACTION DETECTORS CONSISTENT WITH RECENT PASSAGE OF HB 325, WHICH ESTABLISHED STATEWIDE Page 95 June 8,2010 LEGISLATION REGULATING RED LIGHT CAMERAS, KNOWN AS THE "MARK W ANDALL TRAFFIC SAFETY ACT" ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :35 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 7uLw. ~ FRED COYLE, Chairman ATTEST DW~~9:gI~,~E. ~,~OCK, CLERK ,:i~f~DIlJ (. ~:~ ',- ,', I:'i:;'~' ~ ~~, ~ ~<Q0 f:5L- -<. ",::"'i .-. -';"',',,' Ab~.i.:i"';,: j" I ' v" '~1 '''', ,J;. .)~ -""'4 .-'.- . L;: ~.:lI" III - . .....'-j>:- .. ..... Th~~6;:" "il~~ approved by the Board on21JJ~20Io, as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 96