The URL can be used to link to this page

BCC Minutes 07/27-28/2010 R July 27-28, 2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 27-28, 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 Frank Halas Tom Henning Donna Fiala ALSO PRESENT: Leo Ochs, County Manager Michael Sheffield, Assistant to the County Manager Jeffrey A. Klatzkow, County Attorney Ian Mitchell, Executive Manager to the BCC Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA July 27-28,2010 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A Page 1 July 27-28, 2010 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 PARTICIPATE 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 IMPAIRED 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. Dr. William Lone - Methodist Fellowship Church 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. June 8, 2010 - BCC/Regular Meeting Minutes C. June 8, 2010 - BCC/LDC Meeting Minutes D. June 22, 2010 - BCC/Regular Meeting Minutes E. June 24, 2010 - BCC/Budget Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 July 27-28, 2010 A. 20 Year Attendees 1) Ivette Monroig, GMD-Zoning Services 2) Matthew Vila, EMS 3) Julio Ordonez, GMD-Engineering B. 25 Year Attendees 1) Nancy Frye, GMD- Traffic Operations 2) David Weeks, GMD-Comprehensive Planning 3) Frank Mi11ot, EMS C. 35 Year Attendees 1) Edward Torroni, Parks & Recreation 4. PROCLAMATIONS A. Proclamation designating August 16 - 20, 2010 as Florida Water Professionals Week. Copy to be accepted by Paul Mattausch and staff and copy being mailed to Timothy McVeigh, President, Florida Water and Pollution Control. 5. PRESENTATIONS A. Presentation regarding the Florida Fish and Wildlife Conservation Commission sponsored Youth Hunt held at Pepper Ranch Preserve. To be presented by volunteer Huntmaster Wayne Jenkins. B. Recommendation to recognize James Foster, Senior Field Inspector, Public Utilities Planning and Project Management Department, as the Employee of the Month for June 2010. C. Recommendation to recognize John Veit, Emergency Management Coordinator, Bureau of Emergency Services, as the Employee of the Month Page 3 July 27-28, 2010 for July 2010. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Anthony Brown regarding E- Verify. B. Public petition request by Phillip J. Smith regarding a tiered system of impact fees. C. Public petition request by Christopher 1. Thornton, Esq. representing the Casa Grande on Vanderbilt Beach Condominium Association Inc. regarding pool renovation and related work. Item 7 and 8 to be heard no sooner than 1 :00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Adopt a Resolution amending schedules one, two, and four through six of Appendix A to Section Four of the Collier County Ordinance No. 2006-27, the Collier County Water-Sewer District Uniform Billing, Operating And Regulatory Standards Ordinance. This amendment includes proposed rates with effective date of October 1,2010. 9. BOARD OF COUNTY COMMISSIONERS A. J. Peaceful L.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning) B. This item to be heard at 10:00 a.m. Report from the Productivity Committee regarding their analysis of potential economic impacts and potential funding options for the Jackson Labs project. (Commissioner Coyle) C. This item to be heard at 1 :30 p.m. Consider a request by Mayor Sammy Hamilton to discuss the possible acquisition of the Everglades Airpark by the City of Everglades City. (Commissioner Coletta) Page 4 July 27-28, 2010 D. Appointment of two Collier County Commissioners and three alternates to the Value Adjustment Board. E. Appointment of member to the Contractors Licensing Board. F. Appointment of member to the Consumer Advisory Board. G. Appointment of member to the Environmental Advisory Council. H. Appointment of member to the Collier County Planning Commission. I. Appointment of members to the Horizon Study Oversight Committee. J. Appointment of member to the Black Affairs Advisory Board. K. Appointment of member to the Immokalee Enterprise Zone Development Agency. L. Appointment of member to the Housing Finance Authority. M. Appointment of member to the Collier County Citizens Corps. N. Appointment of member to the Collier County Citizens Corps. O. Appointment of members to the Emergency Medical Services Policy Advisory Board. P. Appointment of member to the Southwest Florida Workforce Development Council, Region 24. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 2:00 p.m. This item continued from the June 22~ 2010 BCC Meetin!!. Recommendation to provide increased recycling services and household hazardous waste collection in North Naples by (1) authorizing staff to design and build a North Naples Recycling Center at a cost of$I,600,000; and, (2) approve the acquisition of 1 acre +/- of land from the Collier County Water-Sewer District by the Solid Waste Management Department at a cost of$414,000 for the construction of the Page 5 July 27-28, 2010 recycling center; and (3) authorize the necessary budget amendment. These actions will save valuable landfill airspace, comply with the County's Growth Management Plan, and the Integrated Solid Waste Management Strategy by diverting recyclable materials from the landfill and protecting our natural resources. (Dan Rodriguez, Solid Waste Director) B. This item to be heard at 3:00 p.m. This item continued from the June 22~ 2010 BCC Meetin!!. Recommendation to approve the award ofRFP #10-5455, Management Services Contract, for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs to Limousines of South Florida, Inc. /Tectrans, Inc. for an estimated annual amount of $6,092, 167. (Norman Feder, Growth Management Division Administrator) C. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2010/11 and Reaffirm the Advertised Public Hearing dates in September, 2010 for the Budget approval process. (Mark Isackson, Corporate Financial Planning and Management Services Director) D. Recommendation to consider approving the request by the Economic Development Council of Collier County to provide a waiver of the average wage requirements and Qualified Targeted Industry Tax Refund Program participation requirements in order to allow Haynes Corporation to be accepted into the Fee Payment Assistance Program, the Job Creation Investment Program, the Job Retention Investment Program and the Fast Track Regulatory Process Program for the expansion of their Corporate Headquarters in Collier County. (Fiscal Impact: $161,550)(David Jackson, Business and Economic Development Executive Director) E. Recommendation to rescind the Administrative Stay of the requirement for Reduced Pressure Backflow Preventers on fire service lines, and require retroactive implementation of the requirement to June 8, 2010. (Jim DeLony, Public Utilities Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a Resolution ordering and calling a Page 6 July 27-28, 2010 Referendum Election to be held on November 2, 2010, within Collier County, to determine if the electors of Collier County, Florida, approve the issuance of Limited Tax General Obligation Bonds in an amount not exceeding $17,000,000.00, payable from an additional ad valorem tax not exceeding .1 mill, which bonds shall mature no later than five years from issuance, to be issued in one or more series, in order to finance the acquisition of approximately 22 acres of land adjacent to the Naples Zoo at Caribbean Gardens, for the purpose of expanding the zoo. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on Wednesdav~ Julv 28~ 2010 at 9:00 a.m., immediately following a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by the Board of County Commissioners acting as the Airport Authority Board of the three finalists for the position of Executive Airport Director. 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 adopt a Resolution that updates language and reduces certain fees within the Collier County Administrative Code Fee Schedule for development-related review and processing services as provided for in The Collier County Code of Laws and Ordinances, Section 2-11. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Phase Three Page 7 July 27-28, 2010 with the roadway and drainage improvements being privately maintained. 3) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin!! 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 Artesia Naples, Phase 1. 4) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin!! 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 Lakoya, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price, Code Enforcement Special Magistrate Case No. CEAU2009011940, relating to property located at 6111 Cedar Tree Lane, Collier County, Florida. 6) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Israel and Delma Gallegos, Code Enforcement Board Case No. 2007060101, relating to property located at 1318 Pear Street, Collier County, Florida. 7) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jason Bottiglia, Code Enforcement Special Magistrate Case No. 2007100032, relating to property located at 102 Cedar Crest Court, Collier County, Florida. 8) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jeffrey A. Stolz, Code Enforcement Special Magistrate Case No. CEV200800l2174, relating to property located at 3311 8th Avenue SE, Collier County, Florida. Page 8 July 27-28, 2010 9) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Tereso Bautista and Emiliana Lopez Vasquez, Code Enforcement Board Case No. 2006100651 and Code Enforcement Special Magistrate Case No. 2005110328 relating to property located at 3545 23rd Avenue SW, Collier County, Florida. (Revenue received $559.10) 10) Recommendation to approve the partial release of four liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Jill J. Weaver and Henry Tesno, Code Enforcement Special Magistrate Case Nos. 2007-110459, 2007-020244, 2006-081081 and 2007-080702, relating to property located at 3069 Lunar Street, Collier County, Florida. (Revenue received $3,368.87) 11) Recommendation for the County Manager or his designee to draft amendments to Ordinance No. 2009-32, as amended (Environmental Advisory Council Ordinance), for future consideration by the Board of County Commissioners to maintain consistency with the Growth Management Plan and the Land Development Code. 12) Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $315,000 for a feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75 and Immokalee Road Interchange (FDOT Project #416237-1-38-01 ). 13) Recommendation to direct the County Manager, or his designee, to prepare an ordinance re-adopting Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009-59 and allowing for interim standards. 14) Recommendation to accept from the Federal Transit Administration the Final Report for the FY20 1 0 Triennial Review of the Collier County Board of County Commissioners Collier Area Transit. Page 9 July 27-28, 2010 15) Recommendation to approve a Work Order for Shoulder Improvement project to Better Roads, Inc. for Immokalee Road (C.R. 846) west of Camp Keais Rd for approximately two miles in the amount of $212,270.84 Contract No. 09-5197. 16) Recommendation to approve one (1) Adopt - A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150. 17) Recommendation to approve an extension of a coordination agreement between Collier County, as Community Transportation Coordinator (CTC), and Eden Institute, Inc. for the provision of community transportation services to transportation disadvantaged clients. 18) Recommendation to approve the FY 2011-2020 Collier County Transit Development Plan (TDP) Ten Year Major Update. 19) Recommendation to approve the 2010 Urban And Community Forestry Grant Program Bid Number: RFP/DF-09/10-59 grant agreement in the amount of $24,500 to acquire pen tablet computers, update the existing tree inventory and train staff; recommend that the Chairman enter into a Resolution and Maintenance Agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry. 20) Recommendation to approve an amendment to a State Joint Participation Agreement (JP A) between the Florida Department of Transportation (FDOT) and Collier County to expand the limits of reimbursement and to provide a resolution memorializing the Boards approval of the Amendment; to authorize the Chairman to execute these agreements with the Florida Department of Transportation to be used for the construction of SR84 (aka. Davis Blvd), Project #60073 and SR/CR 951 (aka. Collier Boulevard) Project #60092 to Magnolia Pond Drive. 21) Recommendation to provide after the fact approval for the submittal of a State of Good Repair (SGR) Bus and Bus Facilities grant Page 10 July 27-28, 2010 application, for the amount of$10.4 million, to the Federal Transit Administration (FTA) for the Collier Area Transit (CAT) Intermodal Transfer Station at the Collier County Government Center. (Michelle Arnold, Alternative Transportation Modes Director) 22) Recommendation to accept an All-Way Stop Warrant Study and approve the installation and operation of a 4- W ay Stop control at the intersection of Vineyards Boulevard at Arbor Boulevard, at an installation cost of approximately $13,000 with an annual maintenance cost of approximately $500. 23) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin!! be held on this item~ all participants are reQuired to be sworn in. This is a recommendation to accept a permanent drainage easement over a portion of Tract 4, Le1y Resort, Phase One. 24) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel 489RDUE), which is required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $1,600). 25) Recommendation to approve the purchase of a Perpetual, Non- Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel No. 523RDUE) which is required for the construction of the proposed four-1aning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,640). 26) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel 402RDUE) containing 5,700 square feet more or less (0.130 acres), which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,600.00). 27) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 240RDUE) required for the Page 11 July 27-28, 2010 expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: $5,450. 28) Recommendation to approve the purchase of a Perpetual, Non- Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel No. 363RDUE) which is required for the construction of the proposed four-Ianing improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,911.00). 29) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 319RDUE) 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: $2,000. 30) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 242RDUE) required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: $10,450. 31) Recommendation to approve the purchase of a Perpetual, Non- Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel No. 238RDUE) which is required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,215.00). 32) Recommendation to approve the purchase of a Perpetual, Non- Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel No. 481RDUE) which is required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $1,590.00). 33) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel Page 12 July 27-28, 2010 512RDUE), which is required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $866.00). 34) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 354RDUE) and to accept the donation of a temporary driveway restoration easement (Parcel No. 354TDRE) which are 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: $12,502.00 35) Recommendation to approve an amendment to an easement agreement for the purchase of a road right-of-way, drainage and utility easement (Parcel No. 167RDUE) required for the expansion of Santa Barbara Boulevard from two lanes to four lanes between Copper Leaf Lane and Green Boulevard. (Phase II of Proj ect No. 62081.) Estimated fiscal impact: None. 36) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement Parcel 204RDUE) containing 4,515 square feet, which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $7,900). 37) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel No. 390RDUE) containing 16,767 square feet, which is required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $10,800). 38) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel 488RDUE), which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $1,600). B. COMMUNITY REDEVELOPMENT AGENCY Page 13 July 27-28, 2010 1) Recommendation to approve Local Advisory Board members and CRA staff attendance at the Florida Redevelopment Association 2010 Annual Conference including payment of attendee's registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. 2) Recommendation to approve budget amendment to cover reimbursement of $200,000 for infrastructure development costs to Florida Non Profit Services, Inc. for the rental housing portion of the affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. 3) Recommendation for the Community Redevelopment Agency (CRA) to approve a CRA Resolution amending the Bayshore Gateway Triangle Grant Programs for Fiscal Year 2011; approve the Grant Application processes; and approve the form of the individual Grant Agreements. 4) Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) authorize the Agency Chair and/or the CRA Executive Director to execute all necessary documents to terminate the real estate contract connected with the planned purchase of certain commercial property located within the Davis mini-triangle; authorize a partial principal pre-payment of $1,114,000 from the Bayshore Gateway CRA Trust Fund (187) on the outstanding $13,500,000 Fifth Third Bank loan; direct the County Attorney and Nabors, Giblin & Nickerson, as bond counsel, to prepare any required amending loan documents and authorize all necessary budget amendments. C. PUBLIC UTILITIES 1) Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Riverwood community at a recording cost not to exceed $1,500, Project #71010.5. Page 14 July 27-28, 2010 2) Recommendation to award Contract #10-5485, Engineering Technical Support and Financial Consulting Services for the Solid Waste Management Department to CH2M Hill, Inc.; URS Corporation South; R.W. Beck Inc., an SAIC Company; Malcolm Pirnie, Inc.; SCS Engineers; and Brown and Caldwell. 3) Recommendation to award a contract for Request for Proposal No. 10-5479, Construction Engineering and Inspection Services for the North County Water Reclamation Facility Compliance Assurance Project, to Hole Montes for time and materials not to exceed an amount of $887,200 and approve a budget amendment, as Project #73950.1. 4) Recommendation to award Bid Number #10-5518, Designated Driveways for Solid Waste, to B.Q. Concrete, L.L.C.; Neubert Construction Services, Inc.; and NR Contractors Inc. for the construction of designated driveways in Collier County. 5) Update the Board of County Commissioners on the status and progress of the Landfill Gas-to-Energy Facility that will beneficially use landfill gas from the Collier County Landfill to generate electricity and, in turn, generate new revenue for the County's Solid Waste Fund. 6) Recommendation to approve a License Agreement with Florida Power and Light for the continued use of right-of-way along Davis Boulevard for wastewater and reclaimed water mains at no cost to Collier County. 7) Recommendation to award Bid No. 08-5011-20, Repair of Four Sludge Presses at the South County Water Reclamation Facility, to Mitchell & Stark Construction Co., in the base bid amount of $281,550 for Project No. 73969, South County Water Reclamation Facility Technical Support. 8) Recommendation to approve Exhibit A-I Contract Amendment 2 of the Master Agreement for Demand Side Management and Energy Efficiency Services Agreement with Florida Power & Light Company to add an energy conservation option and increase the contract amount Page 15 July 27-28, 2010 by $219,816.60. D. PUBLIC SERVICES 1) Recommendation to approve Amendment No.5 to the FDEP Cost Share Contract #05CO 1 yearly monitoring cost reimbursement of the City of Naples/Collier County Beach Renourishment and authorize Chairman to sign Amendment No.5. This contract amendment will result in a loss of$120,000 due to a reduction in state cost share revenue. 2) Recommendation to approve the Florida Fish and Wildlife Conservation Commission (FFWCC), Florida Boating Improvement Program (FBIP) Derelict Vessel Removal Grant Resolution and authorize the Chairman to sign the resolution. 3) Recommendation to approve the Category A Tourist Development Fund 183 Grant Applications for Beach Park Facilities for FY 2010/11 in the amount of$713,300. 4) Recommendation that the Board of County Commissioners provide after-the-fact approval for the attached Outreach Focused Special Congressional Initiative grant application that was submitted to U.S. Department of Health and Human Services, Health Resources and Services Administration, in the amount of $594,000 and, if awarded, to serve as the Fiscal Agent and to authorize the County Manager or his designee to negotiate an agreement with the Physician Led Access Network (PLAN) to implement the program. 5) Recommendation to approve time and material Change Order No.3 to Work Order No. 45-100227 to address additional information requested by FDEP and the USACE for the Clam Pass maintenance dredging permit as outlined in the attached PBS&J proposal dated May 18,2010; not to exceed $69,050 and authorize the County Manager or his designee to execute the Change Order. 6) Recommendation to approve a time and material Work Order under Contract #09-5262 for Yearly Physical Beach and Inlet Monitoring as outlined in the attached PBS&J proposal dated June 8, 2010 not to Page 16 July 27-28, 2010 exceed $196,195.13; approve all necessary budget amendments and authorize the County Manager or his designee to execute the Work Order. 7) Recommendation to approve lump sum Change Order No.1 to Work Order 45-116723 under Contract #06-3902 for revised scope of work for the Emergency Beach Berm renourishment just south of Doctors Pass as outlined in the attached CP&E proposal dated June 18,2010 not to exceed $13,985; and authorize the County Manager or his designee to execute the Change Order. 8) Recommendation to approve submittal of University of Florida - IF AS - Collier County Extension Family Nutrition Program 2011 plan and budget ($348,288.56) to continue nutrition education of eligible Food Stamp households in Collier County. 9) Recommendation to approve the design engineering, project permitting and construction contract bidding along with the funding of $160,000 for the total engineering of a new Vanderbilt Beach park facility. Also requested is authorization for associated budget amendments. 10) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the amount of$113,123 using 2009-2010 Department of Housing and Urban Development (HUD) set-aside grant funds, which have been designated for a Community Housing Development Organization (CHDO). Florida Non-Profit Housing, Inc. (FNPH) is the CHDO which will receive the grant funds, and will use them for the acquisition and rehabilitation of affordable homes within Collier County. 11) Recommendation that the Board terminate the contract with White General Constructors Inc., Bid #08-5114, for Naples Station Museum Phase III Restoration. 12) Recommendation to approve a time and material Work Order under contract #09-5262 for engineering to renourish the Marco South Beaches as outlined in the attached Coastal Engineering Consultants proposal dated June 7, 2010; for Tasks 1,2, and 3 not to exceed Page 17 July 27-28, 2010 $200,000; approve all necessary budget amendments and authorize the County Manager or his designee to execute the Work Order. 13) Recommendation to approve the Emergency Beach Berm renourishment project for the beach just south of Doctors Pass. The cost of this Emergency Beach Berm renourishment work is estimated at $136,306.18. 14) Recommendation that a First Amendment to Lease Agreement with Golden Gate American Little League, Inc. for a 14- foot by 20- foot area next to the field at Max Hasse Community Park be approved. E. ADMINISTRATIVE SERVICES 1) Recommendation to authorize the necessary Budget Amendment for the emergency repair of the HV AC system at the Main Chiller Plant (Building K) in the amount of $170,406. 2) Recommendation to approve an Agreement with Matrix Absence Management, Inc. for the administration of Short Term Disability Claims in the amount of $55,440 per year. 3) Recommendation to ratify an addition, a deletion and modifications to the 2010 Fiscal Year Pay and Classification Plan made from April 1, 2010 through June 30, 2010. 4) Recommendation to authorize the Chairman to approve all budget amendments associated with Modification No.5 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401815J021 to fund habitat restoration within Pepper Ranch Preserve SSA-7 in the amount of$212,600 (of which, $75,000 will be reimbursed by USFWS). 5) Recommendation to authorize a $39,000.00 budget amendment appropriating TDC matching funds for eligible construction costs expended by the Freedom Memorial Fund (620) throughout Fiscal Year 2010. 6) Recommendation to recognize and appropriate fingerprinting and Page 18 July 27-28, 2010 FDLE background check revenues in the amount of$12,883.74 and special service revenues in the amount of$101,633.11 and approve all necessary fiscal year 2010 budget amendments. 7) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from James Lee Witt Associates, a part of Global Options Group, Inc., to Witt Group Holdings, LLC, for disaster recovery assistance. 8) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as to 1/3 interest and Raymond and Terry Bennett also known as Terri Bennett, husband and wife, as to 1/3 interest and Frank J. Celsnak and Marlene J. Celsnak Trustees U/D/T dated 27th December 1991 as to 1/3 interest for 2.73 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $23,200. 9) Recommendation to award Bid #10-5508 Tire Services to Dan Callaghan Enterprises Inc. dba Callaghan Tire and Wagner Tire dba Collier Tire & Auto Repair with annual expenditures estimated at $30,000 for tire services and $360,000 for new tire purchases. 10) Recommendation that the Board review the attached documentation of the work that was done for the County, determine as to both vendors that the payment sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices totaling $18,556.90. 11) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 12) Recommendation to ratify the Selection Committees ranking of firms and contracts previously awarded in response to RFP #09-5262; to declare a valid public purpose for payment of all work orders issued in good faith under RFP #09-5262; and to approve an Administrative Procedure to be amended to the County's Purchasing Policy for the distribution of work under continuing contracts negotiated under the Consultants Competitive Negotiation Act or CCNA. Page 19 July 27-28, 2010 13) Recommendation to extend for six months Contract #07-4168, Fixed Term Professional Environmental Consulting Services. F. COUNTY MANAGER OPERATIONS 1) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances. 2) Recommendation to approve the award ofRFP #10-5478 and contract to Witt Group Holdings, LLC for an amount not to exceed $78,637 from prior approved grant funds to conduct best practice assessments and gap analysis for Emergency Management, Emergency Medical Services and MedFlight operations. 3) Recommendation to approve a Budget Amendment recognizing carry forward of accumulated interest from prior years EMS County Grants in the amount of$18,367.71 and appropriate expenditures in the same amount to upgrade field computers to support new technology. 4) Recommendation that the Board of County Commissioners approves a waiver of provision in CMA 5311 for serving in a decision-making capacity for an entity receiving direct or indirect funding from the Board of County Commissioners for Jack Wert to serve on the United Arts Council of Collier County Advisory Board and the Visit Florida Board of Directors and Florida Commission on Tourism. 5) Recommendation that the Board of County Commissioners approves a Tourist Development Tax Category B Grant Agreement #10-5551 Page 20 July 27-28, 2010 with the Naples International Film Festival, Inc. in the amount of $20,000 and authorizes the Chairman to sign the agreement. 6) Recommendation to approve Agreement #10-5534 between Collier County and Alan S. Maltz, photographer, to produce a series of original photographs of Collier County for use in tourism promotion and authorize the Chairman to execute the agreement in the amount of up to $90,000 or $30,000 per year for three fiscal years beginning in FY 2010. 7) Recommendation to approve a Resolution replacing and superseding Resolution No. 2005-115 and directing that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No. 91-27 are established at an equivalent millage rate amount as determined by the Board of County Commissioners annually in an amount up to .1500 mills. 8) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. 9) Recommendation to enter into an Interlocal Agreement with the Clerk of the Circuit Courts that defines the scope of services to be provided, creates a dispute resolution process, and establishes the first year cost of $5,009,900. (Len Price, Administrative Services Division Administrator) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approves and authorizes the Chairman to execute the attached Hole Montes Work Order under Contract #09- 5262-AE in the amount of $35,366 for engineering consulting services required for the Runway 18/36 Lighting Rehabilitation Project at the Immokalee Regional Airport. 2) Recommendation to authorize Budget Amendments to allocate $53,600 in Immokalee Infrastructure Fund 497 for permit application fees for the next phase of development at the Immokalee Regional Page 21 July 27-28, 2010 Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Opera Naples Behind the Scenes Tour of the new Opera Naples building on Linwood Avenue on June 25, 2010 in Naples, FL. $75 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 The Jackson Laboratory National Council Awards Dinner on July 16, 2010 in Bar Harbor, ME. $65 to be paid from Commissioner Fiala's travel budget. 3) Proclamation designating June 29,2010 as Conservancy of Southwest Florida Von Arx Wildlife Clinic Day. Presented at groundbreaking ceremony held June 29, 2010 by Ian Mitchell. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended The Jackson Laboratory National Council Community Dinner (for the Bar Harbor community) on July 15, 2010 in Bar Harbor, ME. $32.95 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of June 12, 2010 through June 18, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 19, 2010 through June 25,2010 and for submission into the official Page 22 July 27-28, 2010 records of the Board. 3) To obtain Board approval for disbursements for the period of June 26, 2010 through July 2, 2010 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of July 3, 2010 through July 9,2010 and for submission into the official records of the Board. 5) To obtain board approval for disbursements for the period of July 10, 2010 through July 16, 2010 and for submission into the official records of the Board. 6) Recommendation to authorize the Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and that the Board direct its Chairman to sign the Certificate Regarding Matching Funds. (Fiscal Impact: $5,416.47) 7) Recommend that the Board of County Commissioners approve the budget amendment for the Child Abuse/Sexual Predator Grant, #2010-ARRC-COLL-1-W7-315 on behalf of the Collier County Sheriffs Office. 8) Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period April 1 , 2010 through June 30,2010. 9) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(l3)(a)(l) with the Board of County Commissioners. 10) Recommendation to approve a budget amendment recognizing interest earned in Supervisor of Elections Grant Fund 37005. 11) Authorize expenditure of budgeted County Wide Capital Project Fund (301) money for the purchase of additional electronic poll books for the Supervisor of Elections Office from VR Systems, Inc., a sole Page 23 July 27-28, 2010 source vendor, in the amount of $673,875. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $59,900.00 for the acquisition of Parcel 151 in the Lawsuit styled Collier County, Florida v. TECH Foundation, et aI., Case No. 03- 2499-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $15,000.00) 2) Recommendation to the Board of County Commissioners to execute a Settlement Agreement with CREATIVE CHOICE HOMES XIV, LTD. (Saddlebrook II) that settles in full the litigation styled as Board of County Commissioners v. Creative Choice Homes XIV, Ltd., et aI., 10-3308-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, and direct all the documents to be recorded in the Official Records of Collier County, Florida. 3) Recommendation that the Board of County Commissioners increase a purchase order for Carlton Fields, P.A. to exceed the $100,000 cap for the case of John Carlo, Inc. v. Collier County, Florida, Case No. 07- 311-CA (Immokalee Road Improvement Project No. 66042) (Fiscal Impact an additional $150,000). 4) Recommendation that the Board of County Commissioners increase a purchase order for Carlton Fields, P.A. to exceed the $100,000.00 cap for the case of Collier County v. John Carlo, Inc., Case No. 09-8724- CA. (Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal Impact an additional $125,000.00) 5) Recommendation to approve a Stipulated Order and Joint Motion Awarding Expert Fees and Costs in the amount of$13,332.50 for Parcel 825 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et a!., Case No. 07-5038-CA (Lely Area Stormwater Improvement Project No. 51101) (Fiscal Impact $13,332.50) Page 24 July 27-28, 2010 6) Recommendation that the Board of County Commissioners increase a purchase order for Grant, Fridkin, Pearson, Athan & Crown to a total of $65,000.00 for the case ofKer Enterprises, Inc., d/b/a Armadillo Underground v. AP AC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA. (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact an additional $25,000.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearin!! be held on this item~ all participants are required to be sworn in. Petition SNR-PL2009-2385, Imperial Golf Estates Homeowners Association c/o Platinum Property Management, represented by Chris Hagan of Johnson Engineering, requesting to rename Marquis Boulevard to Entrada Avenue. The subject property is located in Section 13, Township 48 South, Range 25 East, in Collier County, Florida. B. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearin!! be held on this item~ all participants are required to be sworn in. Recommendation to approve Petition V AC- PL2010-524, to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Drainage Easement and Lake Maintenance Easement over Tract C of Caldecott, a subdivision according to the Plat thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of Collier County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26 East, Collier County, Florida, the subject portion of easement to be vacated is more specifically depicted and Page 25 July 27-28, 2010 described in Exhibit A. C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2008-AR-13375 North Naples United Methodist Church Inc., represented by Tim Hancock of Davidson Engineering, Inc., and Richard D. Y ovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum 1,900 seat Church and Church Related Facilities, a maximum 1,900 seat Civic and Cultural Facilities, a maximum 200 student School and a maximum 209 unit Adult Assisted Living Facility to be known as The North Naples United Methodist Church Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 13.0 acres, is located on the east side of Goodlette-Frank Road (CR-951) approximately 1500 feet north of Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. (CTS) D. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-PL2009- 2031: Rock Creek Holdings, LLC, represented by R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson Engineering, Inc., is requesting a rezone from the Residential Planned Unit Development (RPUD) zoning district for a project that is currently known as the Meridian Village RPUD, to the Mixed Use Planned Unit Development (MPUD) zoning district for a project that will be known as the Meridian Village MPUD to allow for development of community facility uses including adult care centers, churches and up to 480 beds for assisted living facilities, continuing care retirement community facilities and/or independent living units or to allow for the site to be developed as a 120-unit multi-family residential project including 15% of the total dwelling units as affordable workforce housing units and 5% of the total dwelling units as affordable gap housing units. The 11.68 acre subject property is located at the northwestern corner of the intersection of Airport-Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida.(CTS) E. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-PL20l0-277 (NG) Page 26 July 27-28, 2010 Grace Place for Children and Families, Inc., represented by Matthew D. McLean, P .E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use in the Residential Single Family (RSF-3) Zoning District, with an ST/W-4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.1.c.3. The proposed Conditional Use will permit expansion of an existing church and school by adding a new 7,200 square-foot school. The 4.01 acre site is located at 4301 21st Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. (CTS) F. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. VA - PL2009-45, Sara Barrera, requesting an after-the-fact variance of 8 feet from the required minimum front yard setback of25 feet for the Residential Multi-Family (RMF-6) Zoning District as provided for in Section 4.02.01.A. Table 2.1, of the LDC. The 0.34 acre site contains a single family dwelling that encroaches 8 feet into the required 25- foot front yard setback to 17 feet. The subject property is located at 202 Washington Avenue, Section 33, Township 46 South, Range 29 East, Immokalee, Florida. G. This item was continued from the June 22~ 2010 Board meetin!!. Recommendation to adopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in said Ordinance. H. Request for Board approval of an Amendment to Ordinance No. 08-47 governing the towing, storage and immobilization of vehicles per Board direction at its June 8, 2010, meeting and to approve a Resolution superseding Resolution No. 2009-271 to increase the current flat twenty-five dollar maximum vehicle immobilization rate to one hundred dollars. I. Recommendation to adopt a resolution approving amendments (Appropriating carry forward, transfers and supplemental revenue) to the fiscal Year 2009-10 Adopted Budget. 18. ADJOURN Page 27 July 27-28, 2010 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 28 July 27-28, 2010 July 27-28, 2010 MR.OCHS: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Thank you very much, County Manager. Would you all please stand for the invocation by Dr. William Lone of the Methodist Fellowship Church. Is he here? MR.OCHS: Yes. DR. LONE: Will you bow your heads with me, please. Our most gracious heavenly father and our God, let those of us who stand here today in this county building about to take on the business of our county and state, God, let us never forget and be always mindful of the price that was paid for that freedom. Let us never forget that the real heroes in this world for us, the greatest country in the world, are lying under white crosses in foreign countries. So many times we take for granted and we criticize and do all kinds of things, that we don't take for a second that you are in our lives. You guide our lives. You should be the one that we should look to to direct our lives. For, Lord God, we know you make no mistakes. We ask you now to bless this meeting that we are about to have. We ask you to bless those in charge. We ask you to bless, oh God, those that will be making the choices and those that are gathered just to have the freedom and the right to be part of this wonderful, wonderful God-given country. We thank you now, Lord God, for all these things. And we ask you now, bless each and every one in here, give them the foresight to see, oh God, that you are the giver of all things, starting with the rights to be loved and be part of your program. In Jesus' name we pray, amen. CHAIRMAN COYLE: Thank you, Doctor Lone. Would you please remain standing for the Pledge of Allegiance. Page 2 July 27-28,2010 (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. I don't know if an announcement has been made, but the hearing on the Jackson Labs question has been continued until September. County Manager? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR.OCHS: Yes, sir, Mr. Chairman. Good morning, Commissioners. These are the agenda changes for the Board of County Commissioners' meeting, July 27,2010. First change is to continue Item 6A to the September 14, 2010, BCC meeting. That change was made at the petitioner's request. Next change is to withdraw Item 6B. It was a public petition request; also withdrawn at the petitioner's request. Item 9A will be continued at Commissioner Henning's request until September 14, 2010, BCC meeting. Item 12A, which was the proposed ballot referendum on the expansion of the Naples Zoo, has been withdrawn at the zoo's request. Item 16A2 is being withdrawn at staffs request while we make some minor changes to the backup documents. And Item 16E 12, Commissioners, is being modified slightly to read, a recommendation to approve, as opposed to a recommendation to ratify, the selection committee's ranking of firms and contract previously awarded. Commissioners, we also have a series of time-certain items today. Item 9B, which is the Jackson -- is the report from the Productivity Committee regarding the options on the Jackson Laboratory project, will be heard at 10 a.m. Item 9C, this is a request Page 3 July 27-28, 2010 by Mayor Sammy Hamilton of Everglades City to consider acquisition of the Everglades Air Park, will be heard at 1 :30. Item lOA will be heard at two p.m. That's a discussion item on a proposed recycling and collection center in the North Naples area. Item lOB will be heard at three p.m. That is a bid protest on an award of a contract for the operation of your CAT transit system. And Item 10E will be heard at four p.m. It's a request by your Utilities Division to consider a relief of an administrative stay on backflow preventers. Also a reminder that Item 14A will be heard tomorrow morning, July the 28th, at nine a.m. It's an interview by the two candidates for your Airport Authority. Again, that's at nine a.m. That's preceded by a coffee reception for those candidates at eight a.m. And we have a couple of agenda notes. We would note that the -- I'm sorry. I just mentioned that about your Airport Authority. And then finally, after the conclusion of the board meeting tomorrow, you will have a Growth Management Plan meeting that will follow immediately at the conclusion of your board meeting. I would also, Mr. Chairman, just make a quick note for the folks that may be in the hallways, that we have three overflow rooms available to the public that would like to have a seat and watch the proceedings on the television. We'll also make sure if these folks want to register to speak on an item, that we have speaker slips that we can have filled out and collected and brought back to this room. We have an overflow area on the fifth floor of this building, two floors up. We have staff that can accompany folks to that area if they'd like to go. We also have a large conference room in our human resources department in Building F (sic ). You'd have to go outside of this building over to -- excuse me -- Building B. You can be directed there by staff. And then finally, our risk management conference room is also available in Building D immediately adjacent to the snack shop here on the campus. Page 4 July 27-28, 2010 Those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you very much. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. We'll start with ex parte disclosure with Commissioner Fiala this morning. COMMISSIONER FIALA: Okay, fine. Thank you. First of all, I have no changes or additions on the agenda. And as far as the consent agenda, I have no disclosures. On the summary agenda, 17 A, no disclosures, none on B. On 17C, I've had correspondence on that. And I just wanted to make a note to all my commission members that a while back we were talking about assisted living. Actually we had two coming through this meet -- these different meetings, and two of them that I made note of were saying they were assisted living but then they refer to institutionalized group care, and I wanted to note, the two on this, 1 7 C and 1 7D, do not mention that. And I'm going to mention it each time, because I think that we ought to be wary of some of the wording that's inserted in some of these -- this backup material so that we are more fully aware of what might be going on behind the scenes. Okay. So that's 17C. I have correspondence. 1 7D, I've had meetings and correspondence, and this is on the Meridian Village, and I've also met with staff, and I met with Bruce Anderson on 17E, I've had correspondence, and on 1 7F, I've had correspondence, and that's it. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Thank you very much, Chairman. I have no changes on today's regular agenda or the consent agenda. As for the summary agenda -- to start off with, I have no ex parte on the consent agenda. As far as the summary agenda, on 17 A, I've had emails in regards to this particular item. On 17B, nothing to disclose. 17C, I've had Page 5 July 27-28, 2010 meetings with the petitioner and also emails, and I read the Collier County Planning Commission's staff report. On D, I've had emails and talked with staff and also read the Collier County Planning Commission report. On 17E, I've had the Collier County Planning Commission report only, and in F I had the Collier County planning staffs report and also had correspondence with the county attorney in regards to this particular item. Other than that, that's it. Thank you very much. CHAIRMAN COYLE: Okay, thank you. And I have no disclosure for the consent agenda. On the summary agenda, I have had ex parte communications with -- on 17C, correspondence and emails, and on 1 7D, I've had a meeting with Bruce Anderson, the attorney that represents the petitioner, and correspondence and calls, telephone calls, and 1 7E and 1 7F, I have received correspondence concerning both of those. And I would like to ask Commissioner Fiala if she is very comfortable with that wording in 17C and D. I know that you said that you -- COMMISSIONER FIALA: Oh, yeah. It's not mentioned in here, yeah. CHAIRMAN COYLE: Okay. Then it's -- because I have -- I support your concerns relative to that. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: So if you're happy with that, I don't have any problems. COMMISSIONER FIALA: Yeah. It's not in here. I just thought -- we've only had two coming through but I thought -- we were told, our board was told, that that's wording that they use regularly, and it isn't, and so I'm just going to point that out each time. CHAIRMAN COYLE: Okay, good. Thank you very much. Commissioner Coletta? Page 6 July 27-28, 2010 COMMISSIONER COLETTA: Yes, sir, good morning, Chair. I have no disclosures to make on the consent agenda. As far as the summary agenda, 17 A, no disclosures; 17B, no disclosures; 17C, I had correspondence; 17D, I met with Bruce Anderson, had correspondence and, of course, on all these items I talked to staff and the county attorney. 17E, I had correspondence, and 1 7F, correspondence on that one, too. No changes on the regular agenda. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: I have no changes to today's agenda, no further changes. The ex parte communication on today's summary agenda, I have reviewed staffs report on 17C, 17D, 17E, and 17F. 17D, I did speak to Bruce Anderson on that; 17E, I've had many a correspondence from community leaders. CHAIRMAN COYLE: Okay. Thank you very much, Commissioner Henning. We have two speakers who want to address items on the agenda. MR. MITCHELL: It's on the summary agenda, Item 17H. CHAIRMAN COYLE: Okay. Can we call the first speaker. MR. MITCHELL: Jason Clark and Brian Mayberry. CHAIRMAN COYLE: Gentlemen, will you please come up to one of the two of speakers. Are you here? Would you call their . names agaIn. MR. MITCHELL: Jason Clark and Brian Mayberry. MR.OCHS: They're here, sir. CHAIRMAN COYLE: Okay. Would you please state your name for the record. MR. CLARK: Jason Clark with the Whitestone Group. CHAIRMAN COYLE: Okay, thank you. Go ahead. MR. CLARK: We've been working with Attorney Teach, Scott T each, on the proposed booting ordinance, and we know that one property has agreed to it. I think there's some terms that are stiUleft Page 7 July 27-28, 2010 out that we need to work on, and I'd like to bring it to your attention. One of our concerns is a lot of the properties are finding it easier to go to towing instead of immobilization because they don't have to go through the same expense and practices that we will have to, such as warnings to go out, notices to go out, the thousands of dollars it will cost the community to boot instead of tow. We would like to see that both industries are kept to the same standards. Right now, with the now proposed ordinance, we will actually have to do, you know, ten times more, and it will actually cost the clients a lot more to go with booting, which is a more friendlier ( sic) process than towing. CHAIRMAN COYLE: What agenda item does this address? MR. MITCHELL: 17 A, Commissioner. CHAIRMAN COYLE: All right. County Attorney, what is your recommendation? Should we pull this for further consideration? MR. KLATZKOW: I don't think you're ever going to get resolution. I mean, the ordinance that was presented is what the board directed. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I mean, we could keep going back with this but, you know, right now the fee's a hundred dollars. I know they're not happy with that, but that's what was directed by the board, which is an increase from what it had been. I don't know what to tell you. CHAIRMAN COYLE: Okay. Is the next speaker addressing the same issue? MR. MAYBERRY: Yes. MR. MITCHELL: Brian Mayberry. CHAIRMAN COYLE: Okay. Did you have anything in addition you want to share with us, Mr. Mayberry? MR. MAYBERRY : Yes, Commissioners. Basically the hundred-dollar fee, we are completely fine with that fee. The main problem that we have is that you are holding us to a different standard Page 8 July 27-28,2010 than with the towing companies. Commissioner Fiala spoke very passionately about this individual that she had known that was -- had an experience with a tow company. With what they're doing for warnings, such as parking on the grass, that standard is not equal as involves towing. So a vehicle that is parked on six inches of grass, Whitestone or a booting company must give a warning eight hours, 12 hours, prior to that boot going on a car; however, a tow company can come in and tow that car off the property. Also with tow companies, you also have other fees that are associated with it. So that tow that you get a -- that that tow company can charge $125, you also have storage fees that are up to $40 per day. You also have call-back fees, you know. So you are having a standard that you originally created this ordinance that you lumped in immobilization with towing. You have two completely different standards. You have a much stricter standard for immobilization that is supposed to be a softer, gentler process than towing, but you have not addressed any of the issues that you were concerned about in regards to towing. So that is our biggest complaint. That is our biggest impasse. There are items that are -- affect booting regulations, such as, you know, very obscure things that do not apply to booting, such as, you know -- that would normally apply to things like removing a car from a property. So, you know, there's certain things that I understand the commissioners wanted to have in this ordinance, but there's a lot of them that don't make sense, and you're not playing on the same playing field, and I think that it should be universal across the board. If it applies to booting, it should also -- the towing company should live up to that same standard. CHAIRMAN COYLE: One of the problems we have is that you have not been very specific about the other items that you're referring to. There's one thing I could suggest to you is, let this ordinance go Page 9 July 27-28, 2010 into effect and then we meet to discuss those specific changes to the ordinance that you'd like to see. If you could document the concerns that you have and show that they are being applied unfairly, there's no reason we can't modify that ordinance -- MR. MAYBERRY: Okay. CHAIRMAN COYLE: -- at another meeting. So we would need some specific information concerning that to address your concerns. MR. MAYBERRY: We have worked directly what Mr. Teach and, you know, he has done a, I think, a great job with trying to understand both sides, but there's been a lot of back and forth. So we have documented all of our concerns with everything, line item by line item, and there was a number of them that had been removed from the ordinance that we were concerned about, but there still remains about four specific issues that we have a problem with that we would not be able to perform service. CHAIRMAN COYLE: Okay. I'll ask the other commissioners-- well, we have some speakers. Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, we're comparing apples and oranges here. It's not the same thing, because they take the vehicle and move it, whereas you just put a boot on it. And so, you know, it's two different things. As far as notification goes or a warning goes, I feel everybody should get a warning rather than tow. I think that that's a good thing, but that wasn't in this ordinance. MR. MAYBERRY: Yes. COMMISSIONER FIALA: This is only concerning -- I mean, it is for you but, you know, we weren't addressing towing. We were only addressing booting. And I think Scott Teach did a yeoman's job working with you. I think the people in the communities have worked hard with you. I understand if you want as much money as you can. You're in business. Page 10 July 27-28, 2010 I understand that. But at the same time, the business is different than towing. I don't like towing at all. I don't like booting either. But I mean, if there's -- if it's a necessity, fine. But the only thing I would see to change is maybe giving a warning on towing as well as booting. I don't know anything else. But I agree with Commissioner Coy Ie, if you want to work with the county attorney and see if there's anything else that can be changed, but remembering we're talking about two different horses. MR. MAYBERRY: Absolutely, and that's, you know, a lot of our point that, you know, there are things that we are asked and required to do in the ordinance that we did not find it appropriate to do, you know, that -- with the towing of a vehicle, it removes it from a property, whereas booting it's not, but we are also asked to do the same procedures as a tow company. So on one end our hands are tied to follow everything that goes on with towing, but on the other end, the towing companies are not forced to live up to the same standard that you're requiring us to do. So we are just asking for a level playing field. At this time the issue's not about money. It's just about the rules and restrictions that are governing it, and we're just asking that the towing companies are on the same playing field that we are. CHAIRMAN COYLE: Okay. I think we've got that point. Let the commissioners ask their questions right now. Commissioner Halas? COMMISSIONER HALAS: Scott, what's our side of the story on this, please? MR. TEACH: Commissioner, there was a lot of back and forth. I followed the board's direction. We did make some accommodations to clean up some issues within the ordinance, which is all in the ordinance that was advertised today. My last correspondence with the attorneys for Whitestone were on -- was on July 9th, at which time I requested that, if there's any Page 11 July 27-28,2010 other issues, to raise them with me. I did not hear back until yesterday afternoon around two o'clock. Some of the issues that they're raising regarding towing were not previously ever raised before. They are a last-minute issue that they're trying to compare the towing versus the booting. It is a money issue. I advised them that the board set a hundred dollars. They would not go above that. They wanted a fee if they went out to unboot a vehicle and the driver wasn't there. So I think a lot of it has to do with money. But it's the board's decision on what to do. I know the communities want this. They wanted it desperately. That's the reason why we moved forward with this. MR. KLATZKOW: And just as a reminder, Commissioners, it was the sheriff who brought this to us, and the sheriff brought this us to because of abuses in the immobilization, not because there was any issue with towing. I mean, to my knowledge there is no complaints with the towing companies. The complaints that the sheriff had was with the immobilization. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Yeah. I agree, it's not the same thing. I want to make a motion to approve the agenda as amended. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: And also, Commissioner Coyle, take this under consideration. We have many a speakers talking about the productivity's report on the Jackson Lab. To be fair and move the process along, to have people that are not signed up to speak exit the room and allow the others to be in the room that are going to speak. That would speed up the process instead of having to call somebody from downstairs. CHAIRMAN COYLE: I think anyone who wants to be in this room should be in this room, and I'm not going to ask them to get up Page 12 July 27-28, 2010 and leave. So your motion is for the approval of the agenda as amended but not to take into the consideration the request for this amendment; is that correct? COMMISSIONER HENNING: Oh, no. Yeah. No, no. CHAIRMAN COYLE: Is there a second? COMMISSIONER HALAS: There's a second. COMMISSIONER FIALA: Yeah, I seconded it. CHAIRMAN COYLE: Okay. There's a second by Commissioner Halas or Commissioner Fiala. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Or both. COMMISSIONER FIALA: But we look alike. CHAIRMAN COYLE: I'm not going to say that. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The approval of the min- -- agenda as amended is approved. Page 13 Agenda Changes Board of County Commissioners Meeting July 27, 2010 Continue Item 6A to the September 14. 2010 BCC Meetin~: Anthony Brown regarding E-Verify. (Petitioner's request) Public petition request by Mr. Withdraw Item 6B: Public petition request by Phillip J. Smith regarding a tiered system of impact fees. (Petitioner's request) Continue Item 9A to the September 14. 2010 BCC Meetin~: J. Peaceful L.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning's request) Withdraw Item 12A: Recommendation to approve a Resolution ordering and calling a Referendum Election to be held on November 2, 2010, within Collier County, to determine if the electors of Collier County, Florida, approve the issuance of limited Tax General Obligation Bonds in an amount not exceeding $17,000,000.00, payable from an additional ad valorem tax not exceeding .1 mill, which bonds shall mature no later than five years from issuance, to be issued in one or more series, in order to finance the acquisition of approximately 22 acres of land adjacent to the Naples Zoo at Caribbean Gardens, for the purpose of expanding the zoo. (Naples Zoo Inc. request) Withdraw Item 16A2: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Phase Three with the roadway and drainage improvements being privately maintained. (Staff's request) Modify Item 16E12: Recommendation to f=aQfy approve the Selection Committees' ranking of firms and contracts previously awarded in response to RFP #09-5262; to declare a valid public purpose for payment of all work orders issued in good faith under RFP #09-5262; and to approve an Administrative Procedure to be amended to the County's Purchasing Policy for the distribution of work under continuing contracts negotiated under the Consultants Competitive Negotiation Act or CCNA. (Staff's request) Time Certain: Item 9B to be heard at 10:00 a.m. Item 9C to be heard at 1:30 p.m. Item lOA to be heard at 2:00 p.m. Item lOB to be heard at 3:00 p.m. Item 10E to be heard at 4:00 p.m. Item 14A to be heard on Wednesday. July 28.2010 at 9:00 a.m. 7/27/20108:38 AM Note: The July 27,2010 BCC meeting will continue on July 28,2010, at 9:00 a.m., immediately following a coffee reception at 8:00 a.m. in the BCC Conference Room. The Board of County Commissioners, acting as the Airport Authority Board, have applicant interviews of the three finalists for the position of Executive Airport Director. Also, the Board of County Commissioners will be holding the Growth Management Plan meeting immediately following the conclusion of the regularly scheduled Board meeting. 7/27/20108:38 AM July 27-28, 2010 Item #2B, #2C, #2E, and #2E MINUTES FROM JUNE 8, 2010 - BCC/REGULARMEETING; JUNE 8, 2010 BCC/LDC MEETING; JUNE 22,2010 - BCC REGULAR MEETING; JUNE 24, 2010 - BCC/BUDGET WORKSHOP - APPROVED AS PRESENTED CHAIRMAN COYLE: And now we'll go the June 8th BCC regular meeting minutes, June 8th BCC/LDC meeting minutes, June the 22nd BCC regular meeting minutes, and June 24th BCC budget workshop. COMMISSIONER HALAS: Move to approve. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve all those minutes by Commissioner Halas, second by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #3A, #3B, and #3C SERVICE AWARDS - 20 YEAR, 25 YEAR, AND 35 YEAR Page 14 July 27-28, 2010 ATTENDEES-PRESENTED CHAIRMAN COYLE: That brings us to service awards. MR.OCHS: Yes, sir. If the commission would join us down in front of the dais, please. Pleased to honor several employees today with outstanding years of service. We'll start this morning recognizing our 20-year service awardees. Your first awardee, Commissioners, for 20 years with your Growth Management Division, zoning services, is I vette Monroig. Ivette? (Applause.) COMMISSIONER FIALA: They all came out for you. MR. OCHS: Thanks, Ivette. (Applause.) MR.OCHS: Commissioners, your next 20-year service award awardee is Matthew Vila from EMS. Matt? (Applause.) CHAIRMAN COYLE: Thank you. (Applause.) MR.OCHS: Our next 20-year service awardee, from your Growth Management Division, engineering section, Julio Ordonez. (Applause.) COMMISSIONER COLETTA: The next 20 years will be a lot . eaSIer. COMMISSIONER HALAS: Thank you so much for your dedicated service here in this county. COMMISSIONER HENNING: Thank you, sir. (Applause.) MR.OCHS: Thank you. Good to see you. Commissioners, we now move to our 25-year awardees. Our first 25-year service award recipient is Nancy Fry from your Growth Management Division, traffic operations. Page 15 July 27-28, 2010 (Applause.) CHAIRMAN COYLE: Congratulations. Thank you. COMMISSIONER COLETTA: Thank you for all those years. MS. FRYE: Thank you. (Applause.) MR.OCHS: Congratulations. Our next 25-year awardee is from your Growth Management Division, comprehensive planning, David Weeks. (Applause.) MR. WEEKS: I was very young when I started. COMMISSIONER HALAS: You must have been. MR. WEEKS: Teenager program. COMMISSIONER HALAS: Congratulations. Thank you for all your work. COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: You do a good job. (Applause.) MR.OCHS: Commissioners, our final 25-year awardee with your EMS department is Frank Millot. Frank? (Applause.) COMMISSIONER COLETTA: Thank you, Frank. Appreciate . your serVIce. COMMISSIONER HALAS: Thank you for your service. CHAIRMAN COYLE: Thank you. COMMISSIONER HENNING: Thank you. MR. MILLOT: You're welcome. MR. OCHS: Frank, congratulations. (Applause.) MR. OCHS: Commissioners, our final service awardee today is truly in rarefied air . We're recognizing 35 years of dedicated service to Collier County, Ed Torroni from your Parks and Recreation Department. Page 16 July 27-28, 2010 (Applause.) CHAIRMAN COYLE: You can shake the hands of those commissioners, then we're going to have -- COMMISSIONER HALAS: Thirty-five years, congratulations. CHAIRMAN COYLE: Then come back and get a picture. COMMISSIONER FIALA: You do such good work. MR. TORRONI: Thank you. Go and see these guys? CHAIRMAN COYLE: No, no. Let's take a picture. (Applause.) MR.OCHS: Commissioners, that concludes our service awards this morning. Thank you. Item #4A PROCLAMATION DESIGNATING AUGUST 16 - 20, 2010 AS FLORIDA WATER PROFESSIONALS WEEK. COPY ACCEPTED BY PAUL MATTAUSCH AND STAFF AND COpy BEING MAILED TO TIMOTHY MCVEIGH, PRESIDENT, FLORIDA WATER AND POLLUTION CONTROL - ADOPTED MR.OCHS: Commissioners, that takes us you to Item 4A on this morning's agenda, that's proclamations. This is a proclamation designating August 16 through 20, 2010, as Florida Water Professionals Week. Copy to be accepted by Paul Mattausch and his staff and a copy being mailed also to Timothy McVeigh, the president of the Florida Water and Pollution Control. Paul? (Applause.) COMMISSIONER FIALA: Hi. Good morning. You guys do great work. MR. OCHS: Congratulations. (Applause.) MR. MATTAUSCH: If I may, Commissioners, just for a minute. Page 1 7 July 27-28,2010 I don't get to -- the opportunity to get these people in front of you very often, and they're the people that really make the water system work. They're the ones responsible for the day-to-day operations of the field. Barry Erickson, plant manager; Steve Messner, plant manager; Anthony Dimeglio, he's the one that makes sure that all the meters get read; Joe Thomas, water distribution manager. And what's your name? Donna Bergeron. I'm sorry. She knew I was going to do that. Donna Bergeron takes care of the administrative offices; Howard Brogdon is responsible for the wellfield operations; and James Price for making sure that our security systems work and our computers. And together this team, I'm just so proud of them. They truly are the best in the state. Thank you. (Applause.) MR. OCHS: Thank you. Commissioners, may I please have a motion to accept the proclamation. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? Page 18 July 27-28, 2010 (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you. Item #5A PRESENTATION REGARDING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SPONSORED YOUTH HUNT HELD AT PEPPER RANCH PRESERVE. PRESENTED BY VOLUNTEER HUNTMASTER WAYNE JENKINS-PRESENTED MR.OCHS: Commissioners, that takes us to Item 5 on your agenda, presentations. First item, 5A, is a presentation regarding the Florida Fish and Wildlife Conservation Commission sponsored youth hunt held at Pepper Ranch Preserve. This item is to be presented by Volunteer Hunt Master Wayne Jenkins. MR. JENKINS: Good morning, Commissioners. My name is Wayne Jenkins. I am honored to be here today to represent the Florida Fish and Wildlife Conservation Commission and the youth hunting program of Florida. COMMISSIONER FIALA: Bring your kids up here. Bring the youth up here. Let us all see them. CHAIRMAN COYLE: They don't want to do this. COMMISSIONER FIALA: You can't hide. UNIDENTIFIED SPEAKER: You know what it feels like to be hunted. MR. JENKINS: Thank you for adding to our organized confusion. COMMISSIONER COLETTA: That's good enough. MR. JENKINS: As you will recall, you allowed us to use Pepper Ranch through the Conservation Collier Program, and we conducted a youth hog hunt on April 16th and 18th of this year. The cooperation Page 19 July 27-28, 2010 and camaraderie with this has just been unbelievable. The -- we entertained 15 children for a weekend hunt. That included the 15 parents or guardians with them and about another 15, 16 volunteers. So we had about 50 people out there for the whole weekend. And I can tell you, I've never been more proud of a group of young people in my life. They conducted themselves very well, helped with everything, and had a good time doing it, and that's what it was all about. So -- in doing this weekend hunt, we utilized the children. We did some wildlife surveys. The list of wildlife that they conducted over the three days out there -- it was amazing the amount of wildlife that is on this beautiful piece of property, and they were so appreciative of being able to participate in it. We also used it for a little bit of scientific research. I don't know if you've heard the old adage, but does a bear sleep in the woods? We have obtained proof that it does happen on occasions, and that's him going in his tent right now. And I know I'll pay for that, Commissioner Coletta. COMMISSIONER FIALA: Strikingly like Commissioner Coletta. COMMISSIONER COLETTA: We'll bear with you. MR. JENKINS: I know my taxes will go up. Okay. Just to give you a brief rundown. I know you've got a busy agenda. But the children participated starting on Friday afternoon in a rifle range where the weapons were checked, their accuracy was checked, and we would like to thank the Sheriffs Department for the use of their rifle range as well as supplying the water tank for the weekend. Like I said, the cooperation was tremendous, and we certainly appreciate the Sheriffs Department on that. We had people from the FWC that conducted classes on wildlife, Page 20 July 27-28,2010 safety, kids participated in actual hunting, and at the end during the chores and activities and cleaning, cleaning up. The -- one of the things that was required of the children was to write a thank-you letter to the landowner, and normally in this program the landowner is a private individual, and they would address it to them. I explained to them to address it to Conservation Collier. I didn't get the point across, I guess, that it was really their property, but they did come through. And I'd like to give you just a couple highlights of some of the letters. This says, thanks for giving us the opportunity to hunt on this beautiful land. I will never forget the weekend. I still haven't shot anything yet, but I think I will this afternoon. I would like to tell you, I would like to have that man's determination and, as I understand, he did shoot a hog that afternoon. Dear Conservation Collier, we appreciate you allowing us to come out and enjoy the land. It means a lot to be able to experience the great wildlife that Florida has to offer. I will be looking forward to the next pig youth hunt at Pepper Ranch. Signed, the best hunter ever. We developed some real inspirations here. Thank you for letting us use your land for hunting. I got a nice boar on my first hunt. The food was great and so were the hunt masters. Buster Miller was a great hunt master, and I got a huge boar with him. And that was from Jake, this young man right here. And he said, P.S., Buster likes to tell stories. If you know Buster, that's true. I love the pigs you let us all hunt. I now realize the new talent of shooting I would not have found out about if you hadn't opened the ranch. Thanks again. And the last one was from our young lady that participated in the hunt. And as you're going through the scenes -- I'm not sure if it's in this one -- but there's a pair of three boots, and one boot has little pink polka dots on it, so you can guess who was wearing those boots. But it says, hi, you guys. This place was totally awesome. We saw tons Page 21 July 27-28, 2010 of wildlife, like deer, bear, possum, raccoons, turkeys, and turtles. We even saw snakes and, of course, hogs. The food was awesome. The place was really cool. The fireplace was huge. We roasted marshmallows and talked about what we saw. It was a great experience that I'll treasure forever. Thank you so much. I'll never forget it. Signed, Smile, Ham. What I have just read to you is part of our presentation to the -- to you for the youths of the property. I'll start with identifying just a couple items. We have a hunter orange hat that every one of the children and volunteers participated in. They signed their name to it, and we want to present that to you, along with aT-shirt that people were kind enough to donate for this first hunt. I'm not going to unfold it. It's the same thing you see that we're wearing here today. And the last thing is a photo album that's put together from pictures that -- the hunt and along with letters of appreciation you saw in one of the slides and letters thanking you from the FWC. And with that, I would like to present this to our commission today. And I'd also like to suggest possibly that maybe a proper place to display this might be at the lodge at Pepper Ranch, as people enjoy this place. It is a beautiful place. If you haven't had the opportunity to go there, whether you're into hunting, you're into wildlife viewing, it is just an unusual place. And I hope that we will take care of this place and that it will always be that way. At this time I'd like to introduce my -- I have two of my hunters here with me this morning up front. I'm sorry . We had 15. I can't remember all the names. But we've got Jake and Dustin with us today. I don't -- I've got one parent. This young lady accompanied -- this is Jake's mother -- accompanied him for the weekend, camped out just as you saw Commissioner Coletta, with her son and the tents. The kids had a great time. It rained. They hunted right through the rain. It was a little muddy. That didn't stop anybody. And we just really thoroughly thank you for it. Page 22 July 27-28, 2010 And one last thing in wrapping this up. I want to commend part -- one of your staff, Melissa Hennig from your Conservation Collier here. Melissa had never hunted, was not really into it, didn't know a whole lot about it, but she was over this program, and she went and took the hunter safety course. She said, I want to come out and just see what's going on for the weekend. Well, she got there, and we were short a volunteer. She pitched in, stayed the whole weekend, and really made it a fun time for everyone. And I'd like to thank Melissa for that today. (Applause.) CHAIRMAN COYLE: Why don't you present that to the bear. MR. JENKINS: Thank you so much. (Applause. ) CHAIRMAN COYLE: And Commissioner Coletta would like to make some closing remarks. COMMISSIONER COLETTA: Melissa, would you tell us when the next youth hunt's going to take place. MS. HENNIG: Sure. It's October 22nd -- October 22nd. We have another one in January, and our first turkey hunt for youth will be in February. COMMISSIONER COLETTA: And can you tell the audience out there what the requirements are to be able to qualify our youth for this hunt. MS. HENNIG: You have to take the hunter safety class through FWC and you have to be 12 to 17 years old, and you need a guardian with you. COMMISSIONER COLETTA: And Wayne, would you be so kind as to give your telephone number as a contact number where the people can call for the -- MS. HENNIG: Or if you -- yeah. They can go to the website. It's ww.collier.net (sic) -- or ww.colliergov.net\conservationcollier, and follow the link to Pepper Ranch hunt program. Page 23 July 27-28, 2010 COMMISSIONER COLETTA: Yeah. Like we've said many times before, the actual harvest of game is only secondary to the experience. Many of the youths that go on this hunt will probably never hunt again, but they'll be much richer for the experience that they've gone through. And strongly recommended as something that you may want to bring your young person into. Also, I'd like to see if we can grow this to other neighboring properties, private lands, to be able to bring our youth in and get them involved at an early age as far as what it is to be in the great outdoors. Thank you so much for everything you've done to make this dream a reality. (Applause.) CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I just want to -- just by way of information for our audience members, Conservation Collier, in case you're not familiar with it, is what you voted to put in place years ago to preserve property to keep it as it's always been and yet have access by all of the public. And as you can see, it's used in many fine purposes. So when you pay for Conservation Collier, which will end in the next couple years, you'll know that properties like this, magnificent properties teeming with wildlife and beautiful flora and fauna are preserved forever for all of our people to enjoy. Thank you. COMMISSIONER COLETTA: Let's get a picture. MR. OCHS : Yeah, real quick. Come on up front. Go ahead. (Applause.) Item #5B RECOMMENDATION TO RECOGNIZE JAMES FOSTER, SENIOR FIELD INSPECTOR, PUBLIC UTILITIES PLANNING AND PROJECT MANAGEMENT DEPARTMENT, AS THE Page 24 July 27-28, 2010 EMPLOYEE OF THE MONTH FOR JUNE 2010 - PRESENTED MR.OCHS: Commissioners, that takes us to Item 5B on your agenda this morning. That is a recommendation to recognize Jim Foster, senior field inspector, Public Utilities Planning and Project Management Department, as the Employee of the Month for June 2010. Jim, are you here? There he is. Come on up, Jim. (Applause.) MR. OCHS: Commissioners, I'm going to read a few things about Jim while you're handing the award. Jim started his career with Collier County Government as a utility technician for the water Department in 1989. He has worked his way up through the organization, and in 2006 he became a senior field inspector for the Public Utilities Planning and Project Management Department. Jim has always had an outstanding work ethic. He's able to look outside the box and to see where there's a better way to do things, always challenging others to improve their processes and their final product. Jim's considered a go-to person among all the other inspectors in public utilities, providing guidance on policies, procedures, and our good-neighbor program. Wherever projects directly interface with the public, he goes out of his way to inform them on what's going on and relays their concerns to the project team. Jim has proved to be a valuable asset to our public utilities division and to the county as a whole. He is truly deserving of this award. Commissioners, I'm proud to present to you Jim Foster, Employee of the Month for June 2010. (Applause.) MR. OCHS: Thanks, Jim. Page 25 July 27-28, 2010 CHAIRMAN COYLE: Come over and get your picture. Thank you. (Applause.) MR. OCHS: And he's a Bear fan, too, so that's good. I mean a Chicago Bear, not a Commissioner Coletta bear. Item #5C RECOMMENDATION TO RECOGNIZE JOHN VEIT, EMERGENCY MANAGEMENT COORDINATOR, BUREAU OF EMERGENCY SERVICES, AS THE EMPLOYEE OF THE MONTH FOR JULY 2010 - PRESENTED MR.OCHS: Our next item on the agenda is 5C. It's a recommendation to recognize John Veit, emergency management coordinator, Bureau of Emergency Services, as the Employee of the Month for July 2010. John, please come up. (Applause.) MR. OCHS: Commissioners, I'm going to embarrass John. I'll read a few things about him as well. John's been an employee of the county for 22 years, starting his career in the Parks and Recreation Department. After 1 7 years with Parks and Recreation, he became an emergency management coordinator with our Bureau of Emergency Services beginning in September 2005. As our department logistics coordinator, he has gone above and beyond the normal training and education requirements to ensure he has the knowledge and proficiency to protect our citizens. A prime example of John's efforts was when he partnered with the Collier County School District to procure a $1 million generator to support the county's special needs shelter at Palmetto Ridge High Page 26 July 27-28, 2010 School. He took it upon himself to partner with the school district and the state to ensure that Collier County would be one of the first to receive a generator, and through his dedication, we were one of only 17 counties that actually did. Congratulations, John. Again, John is a truly deserving employee, a great asset to the county, and his professionalism and most certainly his devotion make him truly deserving of this award. Commissioners, I'm, again, proud to present to you John Veit, Employee of the Month for July 2010. (Applause.) MR.OCHS: Mr. Chair, I'd look for the board's direction here. You've got one item under public petitions. You know it's typically ten minutes allowed for that presentation, usually with little discussion afterwards. We can try to take that one, or if you think you're pressed for time before your 10 o'clock, we can move to some of the appointments under nine. CHAIRMAN COYLE: Let's do it. Item #6C PUBLIC PETITION REQUEST BY CHRISTOPHER 1. THORNTON, ESQ. REPRESENTING THE CASA GRANDE ON V ANDERBIL T BEACH CONDOMINIUM ASSOCIATION INC. REGARDING POOL RENOV A TION AND RELATED WORK - STAFF TO WORK WITH PETITIONER (PETITIONER WILL NEED TO GET A VARIANCE IN ORDER TO OBTAIN THE CO) - APPROVED MR. OCHS: Okay. 6C is a public petition request by Christopher J. Thornton, Esquire, representing Casa Grande on Vanderbilt Beach Condominium Association, Incorporated, regarding pool renovation and related work. Page 27 July 27-28, 2010 CHAIRMAN COYLE: Chris, the shorter your presentation, the better chances you are of getting approved. MR. THORNTON: Thank you, Commissioner. Thank you for the courtesy of allowing us to go ahead. I know you have a full agenda today. Good morning. I'm Chris Thornton with Becker and Poliakoff. I represent Casa Grande at Vanderbilt Beach Condominium Association. It's an association of 26 individual homeowners. We're dealing with an issue that related to a variance that their developer got 30 years ago that he failed to comply with in order to get his pool built. And I'll point the pool out here. In order to get the pool permitted, he agreed to remove a previously existing seawall. As you can see, the seawall sticks out pretty far, a little farther than the neighbors. And he built his pool and sold the units and never did remove the seawall. The condo association found out recently when they pulled a building permit that was not issued yet to do some renovation work on the pool deck and build a retaining wall for the pool and basically remodel and refurbish the pool. What we're asking you for today is permission that you authorize staff to allow us to proceed with the work on the pool deck under the building permit and let us -- because if we don't move with it now, we're going to lose a year, and we're going to have issues with our contractor. And we would like your authority to move forward with the pool work. We will either apply for a new variance to change the -- the condition of the variance that the developer did not comply with was he was supposed to remove the seawall and rebuild the seawall 50 feet inland. Under today's environmental regulations, DEP will not allow us to rebuild that seawall 50 feet inland. And we're proposing basically to just remove it and remove the condition from the variance that says we have to rebuild it. Page 28 July 27-28, 2010 And with your approval, I think the staff can issue the building permit for the pool work. And we respectfully request that you authorize them to do that. CHAIRMAN COYLE: Okay. Thank you very much. This is in Commissioner Halas' district. And Commissioner Halas, you wish to address this, I see. COMMISSIONER HALAS: Yes. Nick Casalanguida, could you step to the mike there. You and I had some, have had discussions in regards to this. And one of the things that I think needs to be done on this is we need to put up some kind of an assurety (sic) bond to make sure that this is carried through this time. Obviously this has a lot of history behind it where they didn't comply the last time, and I want to make sure that they comply with the setback agreement and that they can move forward with the building permit. But I want to make sure that before they get a CO that they put up a surety bond and they do rectify the problem that's been there and that the -- then they have to come before the Board of County Commissioners to get a variance after this is completed. MR. CASALANGUIDA: Commissioners, I agree with that, and we'll work with the County Attorney's Office. Also put on the record that they proceed at their own risk with the building permits should the county not agree to the variance. So there are some issues that, you know, take place after they move forward with the building permit. So with that -- COMMISSIONER HALAS: Okay. I'd like to ask the county attorney at this time, what do you feel is a fair and reasonable assurety (sic) bond on this? MR. KLATZKOW: I imagine the amount of work, the estimate for the work. I have no idea what that estimate is, but the homeowners can get that to Nick, what the contractor's estimate is, and we can take that as the surety bond. Page 29 July 27-28, 2010 COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: Part of issuing the building permit, we can get an opinion of probable cost to make sure the bond matches that. COMMISSIONER HALAS: Okay. Is that in agreement with the counsel representing the -- MR. THORNTON: Yes, sir. I forgot to mention I'm joined also by the president of the association, Ron Perry. And the bond or other form of performance security is acceptable to us. I would ask to clarify that if we can convince staff that whatever we're going to do is going to comply with the old variance, that we be allowed to do that, but if not, then we would come and seek a new variance to change those conditions. COMMISSIONER HALAS: Well, I think they're going to -- you're going to have to get a variance anyway. MR. THORNTON: Okay. COMMISSIONER HALAS: My understanding, because I don't think you can meet all the conformity that was put into the original variance. So we're -- the staffs going to work with you, but I believe you still may have to come before the board for a variance. Am I correct on that, Nick? MR. CASALANGUIDA: I believe you're correct, Commissioner. I'll review that with the county attorney. COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: But the variance was pretty specific. COMMISSIONER HALAS: So at that I'll make a motion that we go ahead and have the -- your staff issue a building permit in regards to the things that were just discussed. Did I cover all avenues? MR. KLATZKOW: Yes. But again, make it clear, this is at their peril. If they do not get the change in the variance, they may have to COMMISSIONER HALAS: They don't get a CO. Page 30 July 27-28, 2010 MR. KLATZKOW: Yes. COMMISSIONER HALAS: Okay. So that's one of the conditions, that you have to come back and get a variance to get the final CO on this property, okay? COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas for approval, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It's passed unanimously. Thanks, Chris. MR. OCHS: Commissioners, we move to Item 9 or -- we've got three minutes. CHAIRMAN COYLE: There's nothing in Item 9 we can deal with in three minutes. We're going to take a three-minute break, and at nine (sic) o'clock we'll pick up with the time certain. MR.OCHS: Very good. CHAIRMAN COYLE: Thank you. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, would you please take your seats. Mr. Chairman, you have a live mike. Please take your seats. Page 31 July 27-28, 2010 Item #9B REPORT FROM THE PRODUCTIVITY COMMITTEE REGARDING THEIR ANALYSIS OF POTENTIAL ECONOMIC IMPACTS AND POTENTIAL FUNDING OPTIONS FOR JACKSON LABS PROJECT - MOTION THAT STAFF EXPEDITIOUSL Y EXPLORE ANY POSSIBLE INTERNAL FUNDING (OR INTER-FUND TRANSFER) OPTIONS THAT COULD BE MADE AVAILABLE FOR USE BEFORE STATE LEGISLATURE HAS NOTIFIED THE COUNTY REGARDING COMMITMENT OF ANY FEDERAL FUNDS - APPROVED CHAIRMAN COYLE: Okay. Ladies and gentlemen, for those of you who wish to speak, if you have not signed up, you have to sign up before I stop speaking, because our rule is that if you're not signed up at the time that we begin the item to be discussed, the application for speaking will not be accepted. We now have 109 speakers. That will take us about five hours just for the speakers. So if you want to plan your day around that, that's fine. There are people in other rooms. We will call the names of the speakers. If they are not present, we will go on to the next speaker and give those people who are in other rooms who have registered to speak the time to come up and announce their appearance here, and then they will be allowed to speak. So with that, we can begin the presentation by the Productivity Committee. MR.OCHS: Yes, sir. This is Item 9B on your agenda. It's a report from the Productivity Committee regarding their analysis of potential economic impacts and potential funding options for the Jackson Laboratory project. Mr. Harrison, I believe, sir, will present. Page 32 July 27-28, 2010 CHAIRMAN COYLE: And Mr. Harrison is the chairman of the Productivity Committee. MR. OCHS : Yes, sir. MR. HARRISON: Good morning, Commissioners. In view of the fact that we have several hundred people here who may have no clue as to what the Productivity Committee is, may I just briefly tell them? CHAIRMAN COYLE: Sure, yeah. MR. HARRISON: The Productivity Committee is created by county ordinance. It's 11 people with high experience from industry and different professions who are independent of the county so that the commissioners can turn to this particular body and ask them to take an independent look at issues such as Jackson Labs. There are six of us here today, and I'm just going to briefly tell you who's here today. We have Jim Hoppensteadt. We have Jim Gibson. We have Vladimir Ryziw. We have Janet Vasey. As you heard, I'm Steve Harrison. And here is Doug Fee. I also need to tell you that in doing this independent research, we have been in direct contact with all of the other biotech parks, so to speak, that the county is -- that the State of Florida has funded to talk to them about what's going right and what's not going so right in their cases. We've visited the one in the Orlando area. So I just wish that you -- and we've also met with executives from Jackson Labs. So we've done our homework, and what we're about to give you is an unbiased look. This is an exciting opportunity . We all know that the healthcare industry is the biggest in the country and probably growing the fastest. There's information on the web that shows that 40 of the biggest companies around the planet last year spent 70 billion on medical R&D. That's the marketplace in which Jackson is operating. But it's a huge sum. Page 33 July 27-28,2010 And why is it so big? It's because of the commercialization of the medical science that people like Jackson are developing. And so we really are looking at, you know, how does this stuff find its way to the marketplace so that the community and the individuals involved all benefit. The EDC has done a great job in bringing this opportunity to our table. We wish to commend them. As I understand, it started a year and a half ago, so they've labored this through the various channels in Tallahassee. They've husbanded the process so that information has been brought to us as we need it, and we thank them for their help. All right. Let's get into it. You asked us to look at the economic viability of this proposal as it is on the table. That's the tougher of the two questions. The second question is, subject to the viability, what are the funding options that make the most sense? Economic viability has a number of financial components and nonfinancial components. When we look at, for example, on the slide, financial viability, right now what we've simply looked at is the internal rate of return to the county in terms of taxes of different kinds and fees of different kinds. We have no gauge of what it means to the community in terms of other economic benefits, This is, you know, a standalone analysis of what it means to the community, to the county. Some of the intangibles are, what would the presence of Jackson Labs mean here in terms of public health, safety, and welfare for this community? Would our citizens be invited to participate in clinical trials? Would they have, you know, advance access to some of the discoveries that could benefit the health of the community? It's pretty intangible, as you could imagine. What does it mean to the workforce in terms of the skills and the compensations they command? We have no idea. We can all speculate. How would it change our community, which is highly seasonal, Page 34 July 27-28, 2010 in terms of the social and economic profile of this county and the surrounding counties? It really depends on how big and how successful this enterprise could become. At the end of the line, it really is setting a course for the county in terms of the strategy for the future development of the whole county. The price tags are such that once you embark on this path, you're really precluding some other options. So it's a strategic choice as to where you choose to lead the county as well. Many things impact this economic viability, the timing of the project, the size of the project, what revenues and other things accrue to the county. But there's also a lot of risks that are embedded in those same things. If this project were to go slowly, if the volumes of construction and job growth is not there, if the investment now being asked of the county has to increase for any reason, these would all make the risks move in the adverse direction. Let's tackle some of those. But when it comes to funding, we've looked at a couple of options should you decide to proceed, with the idea of which are the most flexible in terms of starting or stopping those options, which are short term and perhaps more painful, which are longer term and less painful, and then you've also asked which might be the most equitable in our view for the people asked to support those funding options. Let's look at a couple things which seriously jeopardize the project. See if we can get this right. As we've been around the state, there are certain basic threshold things that we have seen to be critical to the success of these biotech centers. All of them have the presence of a research university, or at least a division of that type of an organization to help further the science along. To that end, you may have seen a recent announcement that a Florida university has just decided to collaborate with Jackson as this project goes forward. They also have a teaching hospital to do clinical trials and other testing associated with the enterprise. Absent those Page 35 July 27-28,2010 two things -- those are almost deal killers. You have to have that kind of a collaboration between the pure science, the application of the science, and the development of the clinical methodologies working as a trio. The current plan calls for 750,000 square feet of space being all- -- developed for these two purposes, the university facility and the -- and the teaching hospital facility. That's a very large number. The-- we'll come back to that in a minute. No, let's deal with it now. Just to give you a comparison, a 750,000-square-foot facility compares to, for example, the NCH facility up on Immokalee Road, which is a hundred-bed facility and about 120,000 square feet. So you could be talking about something much larger than what NCH has. A hundred-bed facility, I'm told, is about the minimum you can have to have reasonable economies of scale. The documents talk about a 50-bed hospital for clinical trials. So what, you know, what would occupy the difference -- we're all speculating -- that could be the public coming to take advantage of the . serVIces. The plan also calls for nearly three million square feet of commercial space to be built. That's a very large number, even over the 20-year time span of the project. The number itself at this point is not supported by details of who would occupy that space even though we're fully aware that EDC and Tammie and the developer have contacted many, many companies asking for an expression of interest; would they be willing to relocate and occupy facilities on this campus? That's obviously, you know, a long-term question subject to a lot of ifs, and it's just difficult to say there's support at this early date for filling three million square feet. Then there's the case of the state's funding, which has been approved at the 50 million level but not for the remaining complement of another 80 million. We're all hopeful it will be there, but that's another risk that could change the funding required of either the Page 36 July 27-28, 2010 county or philanthropists who would participate. Some things that could change the economics of this for the county would be if the developer or others benefiting from this campus were allowed by the current contractual language to make up part of the contribution now identified as being from the county itself. That's a negotiating item. That's not something you've asked us to look at. And, of course, we have the voters, many of whom are in the room, and they have different opinions as to the viability of this based on what it means to them and what it means to the tax bills that we all get to pay. Despite these factors, this is an important opportunity, and there's plenty of other positive things, as we saw on the prior slide, of what it could mean for our community. I've got a couple of details to share with you. I'm getting too many pages here. The EDC hired the Washington Economic Group to do some calculations. They did an internal rate of return to balance the 130 million calculation by the county against a basket of revenues coming directly to the county, whether they would be property taxes, fees, or so forth. That return -- that calculation is incomplete in the sense that it doesn't reflect other things inured to the county and its residents, and it's based on having all of that space built and filled with taxpayers. Even so, it's showing a 2.58 percent compound return to the county over, I think it's what, a 30-year horizon, Janet? MS. VASEY: Twenty-three years. MR. HARRISON: Twenty-three. A very modest return. But as I say, the calculation, in our view, is incomplete in terms of not considering other factors. The Jackson business plan that we've looked at is quite reliant on public funding, much more so than the other biomedical research Page 37 July 27-28, 2010 facilities in Florida. Partly, we feel, in reflection, that we don't have the population base here that would lead to other parties coming to the table to help fund it. We don't have the facility -- the population of Miami, we don't have the population of Jacksonville or Orlando. So somehow that has led to us, you know, basically dividing the pie with the State of Florida. There are some protections that could change the risk calculations. If this project were to fail once undertaken, the county could retain title to the buildings and the equipment with liens. That also is not part of the calculations to this point, that there could be a recovery scenario subject to the negotiations that have yet to occur. Also, with the size of the investment, both the State of Florida and ourselves need to stay close to the success of the operation, monitoring their progress against milestones, being on top of audit reports, independent audit reports and, you know, basically looking over the shoulder of this enterprise from start to finish until we've recovered our investment. But the county's real need is for more certainty on the development side. Basically we have two projects here. One is to accommodate Jackson Labs with facilities and equipment, but the other is to be party to a large development of a cluster. And our recovery is based on the success of the cluster development much more than on the funding of the Jackson Labs portion itself. So there's a three-way stool here where, you know, we're funding Jackson or being asked to, but we're -- our recovery of such funds are based almost entirely on the success of the cluster. So we would need very clear milestones on the cluster development maybe with some assurances that we get our investment back, not just on the milestones of Jackson achieving certain employment levels. There's a couple of ideas that could reduce the risk of this enterprise. There's a thought that the funding by Collier County could Page 38 July 27-28, 2010 be made secondary in timing to the funding put up by the State of Florida. That would be a negotiated item. But that could delay the amount of cash and the -- that we have to put in. We could restrict the Collier funding to the hard assets and hold title to them until certain key benchmarks are achieved. Those two options are mutually exclusive. If you want the security of the assets, you have to be the first dollars in because that's what in the business plan. If you choose to have a delay in the funding, that's going to expose you to financing some of the operations of Jackson. The scope of sources that can be credited against the 130 million to be supplied by the county is quite narrow. One could argue that the negotiations should seek to broaden that definition so other things could be credited against our contribution, such as negotiating a contribution from the developer similar to the one that is proposed that they make directly to Jackson Labs, because anything that does that reduces the requirement of the taxpayers to provide the balance of the funding. I mentioned commercialization of the science. It's presumed that patents and royalties could flow from inventions that come out of the labs at Jackson. Might we, you know, have a direct interest in whatever the economic implications are of those benefits? Again, a negotiating question. There's some infrastructure that may be required beyond what's in the CDD at this time. To the extent there is, perhaps we could negotiate to include it in the CDD so we have less capital costs there. Finally, there's a lot of not- for-profit component to this project, the hospital, the university facility, et cetera. These are typically not tax-paying entities, not property tax-paying entities, and yet in major northern cities, they ask these same entities, same types of entities, for payments in lieu of property taxes to cover their police, fire, and emergency services that the county is providing at any rate. So a device like that could also be of help to the county. Page 39 July 27-28,2010 Finally, this is new enough ground that if there are consultants around the country that have had experience in building these industrial or biomedical clusters, and looking at how well they're planned, monitored, and executed, we would think that would not -- we think that would be a good investment of county funds. Here's our own calculation of what the impact is on the local economy. Building the tax exempt facility, 750,000 square feet, building the spinoff facilities of three million square feet, and I believe building a certain number of houses for people who work in those facilities, it's about a billion-and-a-half dollars of construction at today's cost. It's spread over 23 years. That's about 5,000 man-years of construction effort to put up that scale of a facility. The math that they use to project jobs basically starts with the facility construction, looks at how many people typically fit in a facility of a given size, and extrapolate the number of jobs. So mathematically what we have here is a pyramid that's starting with construction, building up direct jobs, both in Jackson, the hospital, the university, they have multipliers that know how many private sector jobs basically are associated with those research type jobs, and that's how they get to a figure by the 23rd year of 7,500 permanent jobs in this biovillage. It's a little like the baseball movie. You know, if you build it, they will come. But we have no experience, and there's very little experience whether we're underestimating or overestimating this. But on the side of caution, as you see there, we think that -- we think this is optimistic at this point until we see some more evidence that it's not. Besides the permanent jobs on site, the calculations consider indirect jobs, suppliers, service people, people delivering goods and services to the -- to the biovillage, and then induce jobs, whether it's in, you know, real estate agents or restaurant owners or whatever. So that the aggregate projection here by year 23, as I say though, based on a pyramid of construction, is ll-and-a-half thousand jobs. Very Page 40 July 27-28, 2010 attractive to the county. The income stream to the county off of that from various taxes and fees as also projected, it rises to not quite $5 million a year. So you see when we look at that kind of a return, financial return to the county in relation to the 130 million, that's where we -- the calculation by the Washington Economic Group gets you to a 2.58 percent compound return on a -- on the 130 million. Could there be more? Is there other favorable financial impacts in the community? Certainly. Do we have a number on that at this . ? N tIme. o. Probably another major benefit to the community is what I alluded to, the human capital development as well as their compensation dramatically changes. And then there's, as I mentioned earlier, the impact on the community health, welfare, and safety. But the hardest thing here on the viability is the three-way approach. We're funding the lab but depending on the development to recover our funding. And as I say, we don't have a strong sense of confidence that the construction can occur despite the fact that a lot of expressions of interest are being solicited. A lot of people in the room are concerned about the funding. Here's seven quick ideas. We've actually calculated what they mean to the average citizen. Option one would be an electric service franchise fee that's bonded. This would affect county residents but not City of Naples or City of Marco. And over 25 years it would cost the typical household with 120 a month of electrical bill a total of $840 over 25 years. It's not an expensive option. It's a regressive option in terms of the sector of the public that it impacts. You could do a pay-as-you-go property tax with no bonding that would involve large millage increases in the short-term, but they would disappear very quickly. And the cost over ten years on a typical 200,000 assessed property would be only $417. It's quick, it's Page 41 July 27-28, 2010 painful (sic), it's less expensive than the other options. Option three is still less expensive, because if you made the -- you selected the option of funding after the state funds went in, you could level out the millage increases and drop that cost to 390 bucks, again, over the ten-year term. Option four involves general obligation bonds secured by an incremental property tax. This is a further millage rate, only at one -- .143 mills. That kind of an option costs 750 to the typical householder over 25 years. It would have to go on the ballot because of the bonding. There's another couple of options. We have non-ad valorem tax revenues that could be bonded. We would need a bond issue of like 50 million in '11 and another 80 million a couple of years later. This would basically carve out of the current general fund stream of revenues 8.8 million. There's no tax increase here. It has a potential impact on the services that the county can provide. Option six could be a combination of a franchise fee and a little bit of a millage increase. Again, that would come out -- you can see the totals in there -- it's 48 to 120 a year. This would affect not just the county residents but people who are resident (sic) in Marco and the City of Naples as well and, again, depending on -- I'll show you in a minute the spread on those two, what it means for people in the different cities. And option seven would be a half percent sales tax beginning next year, and it would only last five years and be done. And the benefit of that is that nonresidents, the seasonal and tourist population, would be helping pay it, not just the people who live here permanently. That would also require voter approval. But there's some legal issues in terms of the qualification of the Jackson Lab facility as a public facility that could make that option go away. Here's a quick little table. This just takes options one through seven, shows what the bonded franchise would be, excluding the cities Page 42 July 27-28,2010 involved, as I mentioned; $840 over 25 years. The front-end-Ioaded pay-as-you-go millage with no bonding, big increases for a couple of years, but like in years one to three, it would be like $417 for the average house, but as you can see, it drops away to almost nothing in a hurry . The third one, the pay-as-you-go state drops it further so it's less of a front-end load, less in the first few years. The obligation bonds, because of the foregoing of the other revenues in the bonding expense, that's a more expensive option. And then a combination, number six, you can see the tenth of a mill affects the City of Naples much more than Marco or county properties because of the values of the properties, and the franchise tax would only affect the county jurisdiction as well. And you can see what the sales tax means there; 22 million a year is what a half percent would collect. So you can see we could be at 130 million in like five short years. There's a minor amount of funding from another source that is needed to make that go. The challenge to you, gentlemen, is to consider the impact on the community, the subjective issues, not just the quantitative issues, what it means for the strategy of the community, what it means for the health and welfare of the community, as well as looking at some options for minimizing the initial investment and risks to the extent that the return needs to be elevated in your view. You need commitments from a research university and a teaching hospital that, in our view, should precede the disbursement of funds for this project. Those are critical to the success in our view. The negotiators on this contract should also work for options to have other funding sources that protect and perhaps reduce our contribution as well as some safeguards to protect our investment as it goes along. Of almost equal importance is the planning on the cluster development about the pricing of property, the use mix, the Page 43 July 27-28, 2010 development timing, the crucial-- and some assurances that it's going to occur in that timetable in a way that does not leave us unable to service, for example, bonds if we chose to finance that way. We discussed the different options. To us option four and option seven were seeming to us the most equitable, but as we said, option seven has this legal cloud that needs to be resolved. In view of the high number of public comments, I mean, we in the Productivity Committee will participate to the extent you want us to with any answers. But at the end of the day, there's so many unknowns that it's difficult to express a firm positive endorsement of the economic viability until some more of these information gaps are filled in. CHAIRMAN COYLE: Thank you very much. And I would like to thank you, on behalf of the board, the commitment of the Productivity Committee to take on this task and the hard work you've done. Warren Buffett once said that economic forecasters make palm readers look good, and that's the reason we asked you to take a look at the Washington Economic Group report. Everyone knows that I don't place much confidence in long-term economic reports of that nature, and I'm more concerned with partnerships that are developed that will result injobs and income and economic benefit for Collier County, and that's what we're doing. So as we move through that process, I'm sure we're going to call upon you to make some assessments of the relationships that are being developed and their additional positive economic benefit because no one here has ever, ever said that this was all about Jackson Labs. Even Jackson Labs says, we don't want to come here if we're the only ones. So it is the business cluster that determines whether or not any of us proceed with this. But I will hold off any other comments concerning that, but I just wanted to express my appreciation and the board's appreciation for the Page 44 July 27-28, 2010 hard work you've done. I know you have been working for hours and hours and hours on this stuff, and the work on the financing options has been extremely helpful. It has clarified our complex tax structure in Collier County. And with that I'm going to -- Commissioner Henning wants to make a statement, and then we must have a break for our court reporter at 10:30, and we'll break for ten minutes. COMMISSIONER HENNING: Well, I have some questions. CHAIRMAN COYLE: Okay. Go ahead. Well-- COMMISSIONER HENNING: Well, first of all, I do have a statement. You did a wonderful job presenting, and I think the citizens here was much like ladies and gentlemen listening to your report, so I want to thank them, too. The WEG report, I believe it was stated, 11,000 jobs? Was it around that? MR. HARRISON: Little higher than that. Eleven-five. COMMISSIONER HENNING: Eleven-five, okay. Was you able to substantiate that or -- and/or how many of those were full-time jobs? MR. HARRISON: Those are all full-time jobs. COMMISSIONER HENNING: Okay. MR. HARRISON: But the substantiation, as I was trying to explain, is not there in terms of -- it's simply extrapolated from the space being built and the number of bodies that would occupy the space. And that's, of course, what one has to do absent the, you know, firm commitments from major drug companies or other institutions. It's early days. How would they know exactly how many people, you know, this university or that hospital would send? COMMISSIONER HENNING: Have you looked at what happened in West Palm Beach and the Scripps? MR. HARRISON: We've had conversations with those people, yes. Page 45 July 27-28, 2010 COMMISSIONER HENNING: Have you talked to the elected officials over there, any communications with -- MR. HARRISON: No-- COMMISSIONER HENNING: -- staff members? MR. HARRISON: -- we have not. We've talked to people in those enterprises. COMMISSIONER HENNING: Have you seen a report -- or I guess it wasn't a report. It was a news article -- about the commissioners having to raise taxes because of -- the expectations wasn't met? MR. HARRISON: We've heard of one such news release. In this instance, the amount of staff work and research that we're doing may be substantially different than that other county, but there was a comment about remorse by one of the counties that didn't do their staff work, and it ends up costing them more than they thought it would. COMMISSIONER HENNING: Right. Ifwe was to take title of the building and the assets and the biomedical village did not work, what would -- has anybody ever thought what we would do with those assets? MR. HARRISON: That's not in my pay grade. COMMISSIONER HENNING: We'll have to change that. MR. HARRISON: But if you had a hundred million tied up, you'd obviously take a loss if you sold it for, you know, 20- or 50- or whatever, but it would be a partial recovery. COMMISSIONER HENNING: Sales tax option is questionable. That's one of your recommendations. The -- my question is, we know that we can take property taxes -- no, you know what, this is a -- this is a CPA question. And-- MR. HARRISON : You're talking to one. COMMISSIONER HENNING: Oh, I'm sorry, Steve. I apologize. (Applause. ) Page 46 July 27-28,2010 COMMISSIONER HENNING: Can you take that off your income taxes? I know we can property taxes. MR. HARRISON: Sales tax you can because it's in lieu of -- in lieu of income tax for the State of Florida. COMMISSIONER HENNING: Okay. Thank you. MR. HARRISON: Any more questions, Commissioner? COMMISSIONER HENNING: Well, that's all I have now. I mean, you guys did a fantastic job, and I apologize I didn't remember your resume. (Applause.) CHAIRMAN COYLE: Okay. Ladies and gentlemen, we're going to break for ten minutes for the court reporter, and then we will come back and resume our deliberations. Thank you. (A brief recess was had.) MR. SHEFFIELD: Please take your seats. CHAIRMAN COYLE: Ladies and gentlemen, please take your seats. We're going to resume the meeting. Can we get the Productivity Committee reports off the screen. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. It would be good if you were to hold aside the slide that showed the funding options for discussion by commissioners later today after we've received the public input. MR.OCHS: Yes, sir. CHAIRMAN COYLE: The Productivity Committee report indicated a recent development that might have a significant impact upon the evaluation of the -- this proposal. And we are pleased to have with us today Karen Holbrook, who is vice president for research and innovation at the University of South Florida, and Stephen Klasko, who is the senior vice president for the University of South Florida Health, and dean of the USF College of Medicine, and also Chuck Hewitt, the COO, chief operating officer, of Jackson Labs. This would be a good opportunity for the public and those who Page 47 July 27-28, 2010 wish to speak either for or against to understand what that proposal and partnership is, and so I would like to ask those three people -- are they here? MR. HEWITT: We're here. CHAIRMAN COYLE: I'm sorry, I'm sorry. I've quit looking at front rows. You've changed. Other people were there before. I knew who they were. MR. HEWITT: We're the ones without shirts. CHAIRMAN COYLE: Okay. I'm very sorry. I was just fascinated by the signs in the back of the room. So -- well, there's some over here that are interesting too. So I'm going to ask that Chuck Hewitt come up and introduce the other speakers. And thank you for being with us today. MR. HEWITT: Thank you very much, and good morning. I have not had a chance to share with the commission the collaboration that we announced not quite a week ago with the University of South Florida, and I want to do that this morning. I will be brief, because I think it's important that you hear from Dr. Holbrook and Dr. Klasko. But let me say, when we first started working here in Naples and with Collier County, we were encouraged to consider not only expanding the Jackson Laboratory here, but in using that expansion to, as a catalyst, to create a biomedical village, a village that would include people doing cutting-edge research on personalized medicine, a village that would include clinicians, treating patients with some of the worst diseases that affect our nation, diseases like Alzheimer's, Parkinson's, MS, all the different cancers and so forth, and educators providing a range of educational programs that will be necessary not only for the research community, not only for physicians, but for people in nursing and other allied health professions to get knowledge of, to help us move into what will be a very exciting new era of medicine. This would also be a village that would include opportunities for Page 48 July 27-28,2010 people to live there, include opportunities for people to shop there, and essentially to be able to professionally and personally interrelate with each other to create cutting-edge, world-class biomedical programs. I think some of us looked at that sceptically. But our announcement with Dr. Holbrook and Dr. Klasko that USF, the University of South Florida, has agreed to be our first collaborator in making that village a reality is a huge step forward. That on top of the announcement that Edison College has already made that they will create a charter high school there focusing on science, technology, engineering, and math, is the beginning of the, what we like to say in Maine, the snowball headed downhill. And for those of you from Florida, snowballs headed downhill tend to get bigger, not smaller. So we're excited about that. Why USF? The University of South Florida is the fastest growing research university in the country. They are forward looking, they're innovative, they're cutting edge, they're very skilled at taking scientific ideas that emerge from their research faculty and converting them into drugs, converting them into technologies that not only create economic opportunity, but that go to the marketplace and the bedside to help patients. They're flexible; they're innovative; they've collaborative. When we started talking about (sic) them, some folks we've talked with want to have exclusive relationships. They're expansive. Their view is, how can we bring Edison in and make them a partner? How can we bring FGCU in and make them a partner? How can we bring the local hospital system in and make them a partner? That's the type of partner that we want to work with. So it's my pleasure today to introduce Dr. Holbrook and Dr. Klasko to you. And I'll introduce Dr. Holbrook and she will introduce Dr. Klasko. But Dr. Holbrook is the vice -- senior vice president for research and innovation at USF. She took that position after retiring as president of Ohio State University. She's had an academic career Page 49 July 27-28, 2010 that's included leadership posts and research and innovation at the University of Georgia, at the University of Florida, and the University of Washington. She's won more awards than I could ever remember, and it's just a delight to be collaborating with Dr. Holbrook. Karen? (Applause.) DR. HOLBROOK: Good morning. Thank you, Chuck, and good morning to everyone. And thank you for this wonderful opportunity for the University of South Florida to be here and to be a partner in this new live, learn, work, create community, as we like to call it. This is a phenomenal opportunity for our university and something that we think is really wonderful for your community. Just to let you know a little bit about the University of South Florida. Weare the ninth largest research university in the nation with 47,000 undergraduate, graduate, and professional students who are preparing themselves in 228 different degree programs. We are also a -- as Chuck has mentioned, we're really a university that's on the rise in research. If you look back 20 years ago, the University of South Florida at that time brought in about $50 million in externally sponsored research. You look today, now 22 years later -- last week I told you that we brought in $380 million of sponsored research, but that was last week. We've closed the books on this year, and we're now at $390 million of sponsored research. And of that, about 50 percent of it, or even slightly more than 50 percent of it, is earned by the medical school, by the college of medicine, who will be the primary partner with Jackson Laboratory. And of this, if you look at some of the -- of the nature of the research funding, we have one investigator that brings in $400 million of research from the National Institutes of Health over a period of seven years, which is why the numbers sound a little disparate when I talk about them initially. Page 50 July 27-28,2010 That's over seven years, but his work is primarily in Type 1 Diabetes, and his goal is to understand the genetic basis and the epigenetic consequences or the epigenetic factors that influence diabetes. He's also interested in a number of other kinds of diabetes and other types of diabetes and orphan diseases. So he figures very prominently in this personalized medicine, genetics, genomics, and bioinformatics initiative that's being planned here. Now, the research that we bring in, the money that we bring in is really important for faculty to solve a number of problems. But those are the problems of society, those are the problems of our community, those are the problems of your community. And so the goal of this research is not simply to do research, but to do research that makes a difference for a society, and it is also one of the major attractants at bringing in other companies to the community. And let me give you a good example of how this works. At the University of South Florida, we have an incubator called USF Connect that has about 25 different companies in it right now. All of them with employees that are earning very high-wage jobs (sic), primarily in the area of biotechnology and biomedical devices. We also have five other incubators across the Tampa Bay area. And next week, next Thursday, in fact, we'll be announcing a new million-dollar grant from the U.S. Department of Commerce to build a new incubator in Sarasota County, and that will be matched with money that comes from inside the state. So we continue to build these incubators. We know how to build the incubators. We put the incubators in areas where there is a unique expertise that we can contribute to and capitalize on with the kind of experience that is in the area. To let you know also, our office of technology and licensing -- which is going to be terribly important when you're working with a company like Jackson Laboratory and spinning off activities. Our office of technology and licensing this year earned $17.6 million. This is an all-time high for us, and it's largely due to the commercialization Page 51 July 27-28, 2010 of the technology of one of our faculty members that began as very basic research about ten years ago. Turned in to be a drug, a drug that's used to treat -- that's used to treat diabetes and was bought by a very small company. That company performed Phase II clinical trials last summer, and it was discovered that the drug is two times as effective as Abilify in treating -- in treating depression. At that point the stock went sky-high, and AstraZeneca bought it out at a $2.1 billion price for the initial funding. This brings back a very significant amount of money back into the university, back into the community. That's the kind of thing I think that we're going to see happen over and over again as you work with first-rate biomedical companies to do this kind of work that can really, sincerely, make a difference. These things don't happen frequently. They happen serendipitously sometimes, and they happen rather sporadically. But the point of a good research university is that you will have a very strong pipeline of products. And just to give you an example of our closing numbers this year. We had 161 disclosures at the university, we submitted 85 new patents and had -- had affirmed 35 new patents, and we started up four to five new companies. This happens just with the university. But when you're working with something like the Jackson Laboratory, I think you will see that amplified very significantly. So the research goals at the University of South Florida are very much aligned with the Jackson Laboratory . We also have undergraduate programs, graduate programs, and professional programs that we see interfacing with Edison College and with Florida Gulf Coast University. So we see this as a way of producing professionals for the laboratory. I am also very pleased to mention that I have been invited to participate with a number of leaders from the Collier County -- on the Collier County Biomedical Leadership Council. This is an advisory Page 52 July 27-28, 2010 board that will consist of eight to ten individuals who are going to enhance and assist in identifying and recruiting not-for-profit and for-profit companies to come to the area that will work in the discovery research park here. Dolfvan Arks is chairing this, I will be joining it, as I mentioned, and there will be a number of other individuals from research, from pharma., from business and from venture capital. So I think with this breadth of experience between our two organizations within this community, with the Jackson Laboratory, the partnership of the University of South Florida, with your commitment, we see that this is going to be an extraordinary opportunity for a success in the region for preparing people from the beginning of the discovery phase in research, all the way through to producing professionals that will work in the community, stay in the area, and build the economy in a very strong, positive way. Weare very excited to be a partner with you in this, and I'm grateful that I had the opportunity to be here to talk with you today. I am now going to introduce my college, Dr. Steve Klasko, who's the senior vice president for medical affairs at the University of South Florida, dean of the medical school, and someone who has an absolute passion for this project and for virtually everything he does. So let me have you meet Dr. Klasko. (Applause.) DR. KLASKO: Thank you, Chair Coyle, Vice-Chair Halas, Commissioners, colleagues, folks sitting and standing. I actually -- actually would like to talk really in four different hats. One is as a 56-year-old citizen of Florida who's going to be needing healthcare. The second is as the dean of your medical school. We are the -- we are the medical school and health science center of western Florida. The third is as a Wharton MBA because -- where I spent a good part of my career looking at a return on investments in health. And then the fourth is as an OB/GYN, and I say that with some urgency in that I Page 53 July 27-28, 2010 was on call last night and delivered five babies. And actually as I was (Applause.) DR. KLASKO: And I'm still standing. Thank you, thank you. Four girls and one boy, so all good gender stuff, too. I was actually thinking -- and it hit me because I was thinking about this, and I said -- as I was delivering my last one at about four o'clock this morning, 8-pound, 3-ounce girl -- I said, you know, I'm about to go down to Collier County and speak with commissioners and citizens, and I said, why am I doing this? And I said, it's not just because this is another project for USF. It's not just because Chuck Hewitt is very persuasive. It's really because I want that 8-pound, 2-ounce (sic) young woman, Dana, who's now actually almost four hours old, to literally have a very different and transformative healthcare, and I want -- I want a lot of those discoveries, and I want a lot of that care to happen in Florida. And what do I mean? We've had so much discussion about how we need to change health. But true transformation and true changes in how we take care of folks, individuals; individuals is what this is all about. So much of healthcare has been the 200 of you or 100 of you here, this is what we think will work. What Jackson and USF have been dedicated to -- and that's why this is such a wonderful match -- is making sure that every person we see that literally we are doing what is best for you. And based on the science and technology of the human genome, but also based on the kind of education. So let me give you an example. While they work on genes, we're one of the first health science centers in the country that actually trains doctors and nurses together. Boy, there's a thought, right? When you think about it, you know, most medical schools, most nursing schools, the nurses and doctors don't ever talk to each other. So it would be like if the Orlando Magic practiced at different Page 54 July 27-28, 2010 gyms and then comes out and plays ball, and then we wonder why we don't have teamwork. So between what Jackson is doing in personalized health and what we're doing at USF, it truly is a partnership that will change the DNA right here in Collier County. And I want to talk about our role in that, and I want to start off with something that was a question, and I want to make it very, very clear. This is not an emotional memorandum of understanding of collaboration that we signed. This is not a philosophic one. This is a real one. We plan on, with your large yes, and if you decide to move forward with this and being down here, we've actually started -- our president has allowed us to put in a PECO request and move this up as one of our first requests for building down here that would combine the best of Jackson and best ofUSF Health. So we really believe that this is a great partnership. And I want to talk about a few of the things where that will come through. One is around electronic medical records. Well, a lot of folks have electronic medical records. We are the closest place to you that's gotten one of the $6 million grants to really transform healthcare around electronic medical records. We've created electronic health ambassadors that literally go out to doctors' offices throughout Florida and convert them from paper records to electronic records. At Tampa we have not written a prescription in the last six months. Now, think about that. Everybody jokes about doctors' handwritings. Mine's the worst. But you still allow your healthcare to be based on somebody jotting something down on a piece of paper, you putting it in your pocket, you handing it to somebody else and hoping they get the right thing. You wouldn't trust your stocks that way, you wouldn't trust your book buying that way, you wouldn't trust anything else that way. Those are the kinds of transformations that we're doing at USF Page 55 July 27-28, 2010 that, working with Jackson and their informatics team, will make us that much more productive and will make Florida and Collier County that much more of a center. Weare the statewide center for the education, treatment, and research around Alzheimer's disease. That's by statute. We would love to take some of that statewide effort and work with Jackson to make sure that not only are we treating patients and educating families who have had Alzheimer's, but we're using some of their genetic tools to predict who will get Alzheimer's, or who may get Alzheimer's, and then use some of the great work that Karen mentioned to create drugs or other reasons that people who we think will get Alzheimer's won't get it. You think about what we've been able to do in cardiovascular around doing some tests to see if you're at risk for heart disease and maybe giving you -- some of you might be on Lipitor. That's the kind of thing that we see happening in the future for Alzheimer's with a Jackson/USF partnership. And we're looking at coordinating care. I don't know if any of you are diabetic in here, whether you're sitting down or standing up, but most diabetics see six or seven different doctors, none of whom talk to each other, none of whom have the same medical record. Our goal would be to work together with folks here, with doctors here, with hospitals here, to create that kind of coordination. Why Jackson? Well, you've heard a lot about Jackson, but Jackson is really world known as beginning to unleash the power of discovery of the human genome. And when the human genome got discovered, there was a lot of excitement, but really it's going to take the J acksons of the world and partners from around the world, some of whom will be based right here in Collier County, to really understand what that means to personalized medicine. So at the end of the day, if I was sitting where you are, I'd have to say, well, what does this mean to Collier County? The first thing is Page 56 July 27-28, 2010 around personalized health. That is going to be the revolution in healthcare. That's going to be as important to healthcare as the iPod was to music, as the computer was. Turning things from a large population to individuals. When I look at somebody across the way and they say, Doctor, do I need this test? They want to know that I'm making the best judgment for them, not for people that look like them. That's exactly what Jackson is doing. That's exactly what USF is doing. The other thing is in partnerships, and Chuck mentioned this. What's made us very, very, very successful at USF, all those members that Karen gave us, is because we're great at partnerships, and we really understand how, because of our presence here, we can make hospitals better, we can make folks healthier, we bring a pipeline of students, we can work with other organizations. We can work with medicine and the arts. We've started to look at how health and the arts come together, and I know Naples is a very -- or this county has a very, very strong arts community. And finally pharmacogenomics. If there was one area of research that I would invest in if I was a commissioner or if I want it in my county, it's around pharmacogenomics, matching the right drugs to you, safety, quality, and efficiency. And we look at developing and deploying these new technologies, not only for patients but for students. So if you go around the country -- and I give talks probably once or twice a month around the country -- the number one thing you want for a county or for an area is a pipeline of physicians. Now, we already do that. If you go to any of your doctors' offices and ask them where they graduated, look at their diploma, you're going to see a lot of USFs, and we're really -- we're really proud of that in this community. But the ability to have students, residents, graduate students literally stationed here in Collier County will be a boon not only for Page 57 July 27-28, 2010 the health of the community, but for the entire vibrancy of the community . So I just want to end with really -- I'm a dean, so I have to playa little dean's role, and there's three missions to a medical school, and I just want to talk to you about Collier, Jackson, and USF, and each of those missions will be a real plus. The first is in research. And we talked about, why do some people respond to therapy and others do not. If you think about cancer. And most people that get cancer drugs, it's based on 20 percent of the people that look like you this will work on. Our goal with Jackson is to make sure that nobody in Collier County, especially that baby that I delivered today, has to deal with that again. Your children, grandchildren, will be healthier, and this region will expand economically. Not a bad combination. The second is in education. We teach doctors, nurses, pharmacists of tomorrow, not yesterday. That's the thing that is the most exciting. Twenty-five percent of our students, whether it's in medical school or nursing school or a new pharmacy school will be-- come to us, decide to go to USF, that get into other schools, because of that integrative approach, and we'd like to bring that down here. And by the way, that's not just your 18 and 19 and 20-year-old daughters or sons. That's people that are 50 or 60 or 40 that want to retrain around bioinformatics. And a good part of what we want to do is education around bioinformatics and personalized health and regenerative medicine. And finally, partnering with clinical -- the clinical entities here. So, simply put, I think there are three reasons you should be excited about this partnership, as excited as I am. First is, the biomedical village will become a pipeline for physicians, nurses, and providers in emerging health professions, and we're already working with Edison State. We've already spoken with Florida Gulf Coast. And, Joe, you might want to say something. Weare partners. Page 58 July 27-28, 2010 Now, think about this for a second. The jobs that are going to be needed in health are going to look nothing tomorrow the way they look today. Think about Edison State, FGCU, and USF College of Medicine, nursing, public health, and pharmacy, getting together and creating an emerging health professions hub right here in this biomedical village. So we talk to hospital CEOs around the country and say, what are you going to need? Electronic health ambassadors? We'll create them. You're going to need different kinds of radiation physicists? We'll create them. Between the -- between the assets ofFGCU, Edison State, and USF, we believe we can do that. We also believe in great science and good health. And if you look at any place that has made this kind of decision, again, it's not just the ROlon the economic development. It's not just the village. It's what it does for the community. More and more people, in any place that has made this kind of decision, keep money inside the community instead of taking it out. I don't know exactly much about the philanthropic efforts here, but my guess is a lot of it leaves. You bring something like this in here, and that will really, really keep things right here in Collier County. And then finally Jackson itself. I will tell you that from the outside looking in, you will not find a group, a nonprofit research institute, that is more esteemed or also more looked at as part of the future of medicine. And we are very, very excited about being part of that. So it's not hard for me to envision a day where, with Jackson's expertise and our creativity and your energy that exists in this county, all with the people both sitting here and standing here, that this biomedical village becomes a center for personalized health in this country. And I will tell you that should that happen, you will be very, very, very happy about the decision you made today. Thank you. Page 59 July 27-28, 2010 (Applause.) CHAIRMAN COYLE: Thank you very much. COMMISSIONER HENNING: Mr. Chairman? Mr. Chairman? Mr. Chairman? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: How many speakers do we have? CHAIRMAN COYLE: As many as we need to get as much information out to the public as we probably can. COMMISSIONER HENNING: Okay. Are we going to give taxpayers the same amount of time? (Applause.) CHAIRMAN COYLE: In aggregate, yes. Thank you very much. Yes, sir. Please. Your name and -- MR. SHEPARD: Oh. My name's Joe Shepard, for the record. I'm the vice president for Florida Gulf Coast University in administration and finance. And I'm speaking on behalf and with the collaboration and partnership that is being developed with Jackson Labs, University of South Florida, and Edison State College. Many people in this room are alumnis ofFGCU. And I recall 15 years ago when FGCU broke ground in this particular region. Our mission is to serve this region. And so it struck us that there would be some thought process or questions in terms of our level of support for this endeavor. Make no mistake about it that we as a university are established for the citizens. We are your university . We're your regional university. And as such, we also recognize the importance a university plays. Presently our 12,000 students, many of them from Collier County, will be the beneficiaries of this Jackson Lab coming into this particular area, as well as the collaboration with USF. We presently have a program that allows our students to Page 60 July 27-28, 2010 automatically articulate (sic) into USF's medical school. Go three years with us, and you automatically go the remaining years, four years, with the University of South Florida. We already have these partnerships. What we are lacking, of course, is an inroads into the research apparatus that University of South Florida and Jackson Labs brings to the table. For that we're very bullish on this. We also look at this as an opportunity for economic development. If you take a look 15 years ago when we broke ground at FGCU, 20 years ago next year when the governor signed this into law, take a look at the economics that have occurred in this area, take a look at what it's done to property values, to taxation, to all the things that make a county operate and succeed. We believe we've been a big part of that. In fact, I would submit to you that there have been three areas that this region has seen that has had a dynamic impact on Collier County. One is the international airport located in Lee County. Two is Florida Gulf Coast University located in Lee County. Three, I would submit, the Ritz-Carlton played a big role in terms of changing Collier County. And now you have a fourth opportunity to attract one of the premier laboratories in the area of multi-billion dollar research and all the things that come with it based on your decision today. I do recognize that the University of South Florida is an outstanding institution with their 47,000 students and all the things that they do. And we believe we can learn and grow by that. And for that reason, we look at this as a tremendous opportunity, not just for Florida Gulf Coast University, but for the citizens of Collier County. And with that, I'd like to turn this back over to -- over to Chuck over at -- with the Jackson Labs, unless there's questions. CHAIRMAN COYLE: I would like to offer Dr. Jeff Albritten an opportunity to speak about the charter school. He has indicated an interest in partnering with Jackson Labs, and as president of Edison Page 61 July 27-28, 2010 State College here in Collier County, I'd like to understand his commitment to this process. MR. ALBRITTEN: Thank you, Mr. Chairman. I will be brief. Good morning. Over the past seven years I've addressed this board on numerous issues; however, I believe that none are as important as the cause for which I address you this morning. I'm speaking, of course, about the issue of supporting the creation of the biomedical village through the investment in attracting the Jackson Laboratory to Collier County. The key word that I wish to impart today is opportunity. Every once in a great while an opportunity presents itself in our lives that is so transformative, so game changing, so pivotal that virtually all other issues pale in comparison. We, the citizens of Collier County, are presented with just such an opportunity today. How we respond to this opportunity will be a measure of our collective vision, courage, and desire to shape our destiny instead of allowing external economic forces to shape it for us. I speak to you today as one citizen of Collier County, but I speak with the perspective of many. As an educator, I see the opportunity for our students to learn and be impacted by scientific inquiry and discovery on a world-class level. As a former research chemist, I see the opportunity for us to be at the forefront of scientifical and medical research and attract the best and brightest minds to this community. As a board member of the Economic Development Council and the Greater Naples Chamber of Commerce, I see the opportunity to diversify and grow our economy by targeting and attracting a growth industry sector to our region. Finally, as a college campus president, I see the opportunity to provide career pathways for our local students to seek high-skill, high-wage careers without the necessity of leaving our community. My interest in this opportunity did not just materialize in the Page 62 July 27-28,2010 spring with the announcement of this initiative. I have been actively engaged in this discussion and effort to attract a group like Jackson Labs for the past four years. Having chaired the EDC's life sciences industry working group for two years, we were successful in chartering the Southwest -- excuse me -- Southwest Florida chapter of BioFlorida. This group has been working with the industries and higher educational entities in this region for the past two years, and has been very successful in generating interest in the biomedical sciences through seminars and presentations around our community. I had the opportunity to visit other communities, such as Orlando, to learn how they have successfully attracted research entities and how they've thrived as a result of that. You've heard the announcement in the late spring that Edison State College is planning for a collegiate staff high school to be built at the biomedical village in conjunction with the proposed Jackson Laboratory. This will provide an amazing opportunity for students in Collier County to study and interact with some of the preeminent scientists in molecular sciences while they are completing both their high school diplomas and an associate's degree simultaneously. We were proud to announce our partnership very early in this initiative to demonstrate our support and our desire to transform this community. I'm very happy that USF has joined this partnership. The vision and the experience in the biomedical sciences that they bring are truly stellar. We have been in consultation with USF and Jackson Labs on additional collaborations to link our efforts from the secondary to undergraduate to the graduate levels to create innovative pathways for education in our own community. I'm confident as we move forward that all of the higher educational entities in Southwest Florida will forge partnerships in this initiative. The synergistic effects of all the higher educational institutions working together to advance inquiry and education cannot Page 63 July 27-28, 2010 be measured by any simple economic metric which attempts to determine the value of the endeavor. That would be akin to measuring the circumference of a beachball using a yardstick. Our combined potential will simply be immeasurable. I urge your support and your leadership as together we achieve this milestone moment in the history of Collier County. Thank you very much. CHAIRMAN COYLE: Thank you, Dr. Albritten. (Applause.) CHAIRMAN COYLE: Now, let me take just a minute to explain why this was important. The Productivity Committee gave a report that said they couldn't reach a conclusion because they couldn't possibly project how far this would go and how big the business cluster would get and what kind of partnerships they would have. They didn't have that information because much of it was not available at the time they were engaged in their analysis. Much of it is evolving. It is important that we communicate to the public and to the commissioners who -- some of whom have never heard this information before. So it is important that we communicate it to everybody who wishes to form an opinion. And I would urge that they take this information into consideration as well as recognizing that this is an evolving process. There are other potential partners that are in discussion right now. They mayor may not agree to be part of this partnership. But the more partners we collectively can develop with respect to this project, the less risky the investment becomes for the people of Collier County and the more benefit we derive from it. So that is why this presentation was made today so that everybody has the same base of information upon which to begin to form opinions concerning this exciting opportunity. Now, I would -- unless some of the commissioners have Page 64 July 27-28,2010 objections, I would like to start taking the public input on this, and then we can debate the issue afterwards. COMMISSIONER FIALA: I don't want to debate anything. I wanted to make a comment. Commissioner Henning had said something about the time for the -- will they have equal time. Well, we have five hours' worth of speakers in front of us, and they all are giving their opinions, and that's -- we always want to hear their opinions, but we first needed to get the facts on the table. CHAIRMAN COYLE: That's right. COMMISSIONER FIALA: And so an hour and a half for facts before five hours of opinions, I think, are extremely important to this conversation. Thank you. (Applause.) CHAIRMAN COYLE: Agree with you completely, thank you. (Applause.) CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: One of the other things that would be brought to this community when we build this cluster is that these are going to be high-paid wages. And the other thing that you have to also put into the equation, for every dollar that's spent in the community, the merchants and the businesspeople, this dollar probably washes through -- at least seven to nine times through the community. So this is something that needs to also be put into perspective, what this will bring to -- not only to this area of research, but what it will do to the business community in this -- in this county. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. We will call the first speaker. If the speaker is not in this room, then please set that name aside so that if they are in an adjacent room, they will have opportunity to get here, and we will take them as they arrive. COMMISSIONER FIALA: Commissioner, wouldn't you want Page 65 July 27-28, 2010 them to call two so that the -- CHAIRMAN COYLE: Yes, absolutely. COMMISSIONER FIALA: -- other one can be -- CHAIRMAN COYLE: Yeah. Standard procedure. Two people. MR. OCHS: Both podiums. CHAIRMAN COYLE: Use both podiums, that way we can move more quickly. MR. MITCHELL: The first speaker is Jack Crouse, and he'll be followed by James Vitalno (sic). CHAIRMAN COYLE: What was the second name? MR. MITCHELL: Dr. Vitalno. He's coming up. CHAIRMAN COYLE: Talano? MR. MITCHELL: Yep. CHAIRMAN COYLE: That's Talano. MR. MITCHELL: Talano. CHAIRMAN COYLE: Dr. Talano. MR. CROUSE: I'm 81 years old, retired dentist, and I do know that you can only squeeze a turnip so hard. I've been retired many years, and the turnip is almost dry. I ask the commissioners not to improve (sic) an electric bill increase because we seniors are having a difficult time as it is. I'm sure you know that 40 percent of the people in Collier County are above 65 years old. Collier County is number 17th in the United States for elderly people. There's a good reason for that. People live longer down here than they do up in the north where they have two seasons, July and winter. So we do have our -- a larger proportion of people that are elderly. Recently we've had a lot of bank failures. Greater than 50 percent of reduction in home values. Mine went down 48.6 percent. These adversities greatly affect senior citizens' income. I wonder if this is a time to add a greater tax burden on us. I would suggest, rather than putting a higher difficulty upon us, Page 66 July 27-28, 2010 that we have a referendum where I can vote for myself instead of having someone else decide what I really ought to do for my own good. The Naples Daily News, this month, had a survey that showed-- CHAIRMAN COYLE: You have one minute. That's the one-minute warning. MR. CROUSE: Okay. CHAIRMAN COYLE: Okay. MR. CROUSE: -- showed 82 percent of the people do not favor tax funding be given to Jackson Laboratories. Now, I realize that I, perhaps, only represent 40 percent of those people. Only 8 percent said that they would like a tax increase. That's kind of overwhelming. I call upon the commissioners to reject the proposed electric bill increase to fund Jackson Laboratory. Your actions of not allowing a referendum will certainly be looked on by the elderly as abuse of the elderly. And you are our elected officials, and we voted you into office, but we also have a vote in three weeks, and we can vote you out. (Applause.) CHAIRMAN COYLE: Dr. Talano. And who's the next -- MR. MITCHELL: John Londin. John Londin? CHAIRMAN COYLE: And ladies and gentlemen, if I could, we can move along a lot faster if you'd hold your applause until the end of the speakers, and then we can applaud both sides. Thank you. Dr. Talano, go ahead. DR. TALANO: Good morning, Commissioners. I'm James Talano, president of the Collier County Medical Society. The Society would like to praise the commissioners and the Economic Development Council and the Productivity Committee for the work and fine efforts that you are doing to bring new business and enterprise to Collier County. Looking beyond our local economy and focusing on the future Page 67 July 27-28, 2010 for newer business and growth is essential in these hard economic times. Bringing Jackson Labs and medical enterprise to Collier County is truly focusing on diversifying our economy. Over the past year, I, as a physician and a scientist, have listened, debated, and discussed the true nature of Jackson's work with the laboratory. And I've come to the conclusion that their mission is helping humanity. Bringing genetics to personalized medicine is the future of focused healthcare delivery. Bringing Jackson Labs to Collier County can only improve our knowledge and understanding of the diseases and how they affect our local citizens. The Jackson Laboratory announcement last week of partnership with USF Health to pursue joint programs and scientific research, medical education, and clinical care in Collier County truly exemplifies the sound intent and severity of the Jackson Laboratory. And it's -- their bringing visiting scientists, researchers, medical students, and postdoctoral fellows from around the world and around the nation to our county has economic and scientific benefit which will be the envy of every other county in Florida. As we tread diligently towards a more prosperous future for our community, it is important to remember the fundamentals of building a strong foundation for commercial as it leads to the overall success of . our economIC recovery. With this principle in mind, I will share with you the results of our society's membership survey regarding the impending vote. As a voice of over 500 active physicians in Collier County, the Medical Society embraces biomedical research and progress necessary to ensure and protect our members' ability to do business in this county. This decision also has a reciprocal impact on our patients as they affect the quality of care. As revealed in our member survey we recently conducted, over 94 percent of the respondents support the concept of biomedical Page 68 July 27-28, 2010 businesses moving to Collier County and the scientific research done by Jackson Laboratories; however, two-thirds voted that county tax dollars should not be used to fund this project solely. Additionally, another majority of those responding did feel it's preferable to allow private companies proposing the same type of R&D to expand their business in the county without using public funds. The recent announcement with Dolph von Arx has formed the biomedical research council as an advisory board who will promote endowment and development of the biomedical village, and this is a great step moving in that direction. As is your duty to consider feedback from vested organizations and citizens when making a decision that affects the lives of our residents, please take heed with our members. While we are confident the commissioners recognize the value of this development, we are not without concern that there still exists much resistance to fully fund a project using an increase in county-generated tax dollars. CHAIRMAN COYLE: Dr. Talano, the time has expired. Could you please wrap it up? DR. T ALANO: In closing, we urge you to take the steps necessary to formulate a decision based on the community temperament using empirical data that calculates and reveals the economical advantages versus the financial responsibility of all taxpayers, but individuals and business. Thank you. CHAIRMAN COYLE: Thank you very much. (Applause.) MR. MITCHELL: Ed Morton. Ed Morton? COMMISSIONER FIALA: And who's the next one? CHAIRMAN COYLE: Read two each time. No. It's just, there's a gentleman over there going to speak first. Sir, your time. MR. LONDIN: Hi. I'm John Londin. I am with the Collier Democratic Party. I'd like to talk about the trip that Commissioner Page 69 July 27-28, 2010 Coletta and Fiala took to Jackson Labs in Maine on July 16th and 17th. The Naples Daily News published an article, and they published some pictures from the trip, and I'd like to show a couple of the pictures, please. First picture. This was on July 17th. Commissioner Coletta, you're talking to someone at the exhibit table there. It looks pretty obvious you're talking about Jackson Labs. Next picture, please. CHAIRMAN COYLE: How do you determine that? MR. LONDIN: I'm assuming because they -- you -- the trip-- the purpose of the trip was to -- fact-finding tour of Jackson Labs, and they're at an exhibit, looking at the exhibit. So it would be -- it's an assumption they're talking about Jackson Labs. CHAIRMAN COYLE: They couldn't just be passing the time of day? MR. LONDIN: It's possible. CHAIRMAN COYLE: The reason -- the reason I'm asking you this question -- I would not do it otherwise -- but you seem to be on the verge of making an accusation that is not supported by the facts. MR. LONDIN: Well, let me make my presentation, and you can respond, sir. Okay? CHAIRMAN COYLE: Okay. I will do that. MR. LONDIN: Thank you. The second picture is Commissioner Fiala at the same exhibit. Looks like she's -- I don't know the woman's name she's talking to. She's from Collier County. They're looking at the exhibit. It looks like Commissioner Fiala is speaking about Jackson Labs. And I'd like you to note for identification purposes Commissioner Falaya (sic) is wearing a long, white blouse. She has shoulder-length black (sic) hair, and please notice the body shape. COMMISSIONER HALAS: Shoulder-length black hair. Page 70 July 27-28,2010 MR. LONDIN: Next picture, please. Okay. The next picture. Is -- Commissioner Coletta is speaking to the president of Ave Maria University, standing with the president of Ave Maria University and the county attorney. It looks like they're looking at exhibits, and they are -- I'm assuming they're talking about Jackson Labs. It's an assumption. Okay. If you'll notice directly behind Commissioner Coletta is a woman standing about 5 feet behind him with her back -- COMMISSIONER FIALA: But those aren't my shoes, by the way. MR. LONDIN: Okay. COMMISSIONER FIALA: And I had a yellow top on, just to clear things up. MR. LONDIN: Right. Okay. My contention is, that is you, Commissioner Falaya (sic), standing behind them. COMMISSIONER FIALA: Fiala is the name. MR. LONDIN: Fiala, I'm sorry. COMMISSIONER FIALA: And I traveled no place without that -- stand up, Shirley. Shirley and I went every place together. She was never without me. And if you don't see her here, that is not me. MR. LONDIN: But I'm making an assumption here. COMMISSIONER FIALA: Yes, you are. MR. LONDIN: Whatever Commissioner Coletta is talking about . SIr. COMMISSIONER FIALA: And you're making an accusation, MR. LONDIN: Could you please not interrupt me? CHAIRMAN COYLE: No, no. MR. LONDIN: You're taking away my time. CHAIRMAN COYLE: No, I am interrupting you. MR. LONDIN: You're taking away my time. CHAIRMAN COYLE: Yeah, you bet I'm taking away your Page 71 July 27-28, 2010 time. Now, if you don't sit down, we will have you escorted from this room. (Applause.) MR. LONDIN: And I have a right-- CHAIRMAN COYLE: You do not have a right to stand there and make ridiculous accusations against people. That is not Commissioner Fiala, first of all. Everything you have done has been libelous. So I suggest you sit down and let people get up here -- MR. LONDIN: I have a right to speak, and you're interrupting me, Commissioner. You can respond after I talk, okay? CHAIRMAN COYLE: Okay. Then we'll declare a recess and you can hold up the whole thing. How's that? Okay? MR. LONDIN: I have three minutes to speak, and you've taken away two minutes of my time already. CHAIRMAN COYLE: You speak to yourself. MR. LONDIN: Why are you afraid to let the public speak? CHAIRMAN COYLE: I'm not afraid, but I will not tolerate that kind of conduct in this room. MR. LONDIN: Florida is governed by the Florida Sunshine Laws. You are governed by the Florida Sunshine Laws. CHAIRMAN COYLE: We're in recess. We're in recess. UNIDENTIFIED SPEAKERS: Sit down. MR. THOMAS: You do not know what you're talking about. MR. LONDIN: I have a right to speak. CHAIRMAN COYLE: We're in recess. We're going to let things calm down. Okay. If you want to hold this up for all the people, you go ahead and stand. MR. LONDIN: I just want three minutes to speak. It's my right as a citizen to speak for three minutes and voice my opinion. UNIDENTIFIED SPEAKER: Turn the mike off. (A brief recess was had.) MR.OCHS: Ladies and gentlemen, please take your seats. Page 72 July 27-28, 2010 Mr. Chairman, you have a live mike. CHAIRMAN COYLE: The purpose of these presentations is to discuss the subject at hand. If you have in mind an ethics violation, I invite you to get your evidence, and submit it to the ethics committee at the State of Florida. We will give you one minute and 15 seconds of uninterrupted time to finish up your ridiculous allegations, okay? MR. LONDIN: Thank you very much. I'd like to quote from the Florida Sunshine Law. The Sunshine Law applies to all discussions, deliberations, as well as formal action taken by a Board of Commission. Also, before the commissioners went on the trip, you did receive permission from the county attorney to go on a fact-finding tour of Jackson Labs. I took the liberty of contacting Barbara Peterson with the First Amendment Foundation. She is basically the expert in Florida on Sunshine Law violations. She wrote to me, as a general rule, the Sunshine Law applies to any discussion of public business between two or more members of the same board. Also, if two commissioners met with Jackson Labs for the sole purpose of receiving information and didn't discuss the project, it is hard to prove they violated a law. Advisory committees formed for the sole purpose of fact finding are not generally subject to the Sunshine Law. That fact-finding exemption, however, does not apply to an advisory committee comprised of commissioners. The thing to do is to look for some anecdotal evidence that the two, in fact, did discuss the project. I submit to you that this picture shows that you were in the same room together listening to a discussion about -- just like right now. Commissioner Fiala is not speaking, but if Commissioner Coletta was talking to me and you listened, we would be governed by the open meetings law. Page 73 July 27-28, 2010 So I respectfully request that Commissioner Donna Falayla (sic) and Commissioner Jim Coletta -- I'm sorry -- UNIDENTIFIED SPEAKERS: Get the name right. MR. LONDIN: -- that you recuse yourself from voting on this issue or a violation may be supplied against you. MR. MITCHELL: Sir, your time's up. UNIDENTIFIED SPEAKERS: Sit down. Get the name right. CHAIRMAN COYLE: Who's the next speaker? MR. MITCHELL: The next speaker is Tim Cartright, and he'll be followed by Nancy Payton. MR. THOMAS: You skipped over one. MR. MITCHELL: No, he's not-- COMMISSIONER FIALA: Ed Morton? MR. MITCHELL: Tim Cartright, followed by Nancy Payton. CHAIRMAN COYLE: Well, Ed Morton had previously been called. MR. MITCHELL: Yeah, but he's asked to be delayed. CHAIRMAN COYLE: Okay. All right. MR. CARTRIGHT: Good morning. Thank you, Chairman Coyle. My name is Tim Cartright. I'm a partner with Fifth Avenue Advisors located in downtown Naples. I serve on the board of the Economic Development Council of Collier County. I'm chairman of the Tamiami Angel Fund, president of the Gulf Coast Venture Forum, board member for the Southwest Florida Regional Technology Partnership, and a member of the organizing committee for the Southwest Florida chapter of BioFlorida. Most importantly, I am a Collier County resident, husband, and father of three young children. I'm here to speak today in support of Jackson Laboratories moving to Collier County. Our tendency as Americans with our focus on individual liberty is to believe that entrepreneurs are solely responsible for innovation. To the contrary, in a 2002 Edward Low Page 74 July 27-28,2010 Foundation study entitled, "Building Entrepreneurial Communities," they discovered that the mythical image of entrepreneurs is depicted as a rugged individual who single-handedly built great companies; however, the reality is that consummate entrepreneurs are networkers who thrive in communities. Think of the greatest entrepreneurial region in the world, Silicon Valley. It's not just entrepreneurs with the individual ideas, but the ability to recruit a management team, find capital, hire service providers all in one day, and usually while sitting at Starbucks. That's what makes Silicon Valley unique. Consequently, if we look at Silicon Valley, what is the recipe for an innovation economy? A talented and persistent entrepreneur can succeed in almost any region, but taking lessons from Silicon Valley, they are more likely to prosper in a region with the following characteristics: One, a university with scale or a history of specialized research; two, an access to seed an early stage capital; three, an enabling regional culture; four, a professional network or networks of all types; five, an entrepreneurial support infrastructure; six, an entrepreneurial friendly government; and finally, a regional brand or specialization. Are we Silicon Valley? No, but we are an emerging region with fantastic opportunities to shape our economic future. In shaping that economic future, I would propose that we pay attention to the recipe for an innovative economy that has worked so well in other areas of the country. I wanted to -- you're considering ingredient number one, the university and specialized research, which we have a unique opportunity to invest in. I wanted to talk to you about ingredient number two, access to seed capital. I've been president of the Gulf Coast Venture Forum for the past six years. Last year we expanded our organization by adding a chapter in Sarasota and now count over a hundred accredited Page 75 July 27-28, 2010 investors between our Naples and Sarasota chapters. In the past 18 months, our selection committee has reviewed 293 deals and invited 16 companies to present. In our last season, we invested a little over a million dollars in those companies. Big ideas require big funding. Personalized medicine is a big idea. I believe personalized medicine is a massive structural and technological change that will shift the way we deliver healthcare to people and push us into a new frontier of discovery and innovation. CHAIRMAN COYLE: Sir, your time -- MR. CARTRIGHT: I ask you to support Jackson Laboratories. CHAIRMAN COYLE: Thank you very much. (Applause.) MR. MITCHELL: Nancy Payton. CHAIRMAN COYLE: Ladies and gentlemen, please hold your applause. We'll get through this a lot faster that way. Nancy? MR. MITCHELL: Nancy Payton will be followed by Fred Thomas. MS. PAYTON: Good morning. Nancy Payton with the Florida Wildlife Federation, and I would like to address some of the statements that I've heard, and probably will be heard today, about Eastern Collier County being the wrong location for this biomedical complex or village, as I've heard it called today. Actually, it's the right location. It is the perfect location. It represents the sustainable growth pattern that was anticipated and mandated in the final order of 1999 and was followed through with the Rural Land Stewardship Plan, which was adopted in 2002. Also, your five-year Rural Land Stewardship Review Committee supported encouraging technology parks, medical senators -- centers, and creative clusters, ensuring the sustainability of the rural land stewardship towns and villages as well as our entire community, entire county . Page 76 July 27-28, 2010 There are no negative environmental impacts associated with this biomedical village. Those have been addressed and mitigated several years ago when Ave Maria was approved by you and was permitted through the state and federal permitting agencies. Dr. Holbrook spoke about live, work, learn, create communities, but we also like to play, and we like to play in the sunshine. And we are not going to achieve our conservation goals and meet them and keep them if there's not a healthy -- a health economy and, therefore, we urge you to find the way to begin to make the biovillage a reality. It's good for our economy, it's good for our environment, it's good for us, and it's good for our future. Thank you. CHAIRMAN COYLE: Thank you. COMMISSIONER HALAS: Wow. MR. MITCHELL: Fred Thomas will be followed by Michael Beaumier. MR. THOMAS: My name is Fred Thomas, citizen of Collier County. I am going to follow the lead of the first speaker. I'm a 70-year-old retiree from New York City who adopted Immokalee as my home in 1986 after I -- thereafter I completed a 40-year career in community redevelopment and housing. We have the perfect place down here, six miles from the back door of Immokalee in Ave Maria, to start Silicon Valley. No, we're not Silicon Valley now, but five years before Silicon Valley, they weren't Silicon Valley. We need to become the pharmaceutical head. Now, what do we have in Immokalee to make that work for you? We have several medical schools. You know, Florida State has a medical school annex in Immokalee. We know that 80 percent of all pharmaceuticals that will begin to be developed out of the research that Jackson Labs is doing and coming up with ways to deal from a genetic level with the various problems, 80 percent of those come from plant life. We've got a perfect environment. Temporal (sic) zones and rainy season zones to Page 77 July 27-28,2010 grow any kind of herb you want. We got the institute -- CHAIRMAN COYLE: They're not talking about that kind of herb. MR. THOMAS: Immokalee can become the pharmaceutical hub of the stone flow (sic) mega-region. I don't care if you folks call us the drug capital. We have the institute of food and agricultural science right here in Immokalee where we can do those kind of researches and whatnot. And remember, folks that are worrying about money, agricultural industry does not need fire, police, parks and recreation or libraries. So for every dollar of taxes they pay, they only want 37 cents back. Industry doesn't need parks and recreation and libraries. They want -- they get 77 cents back. So if you want a strong economy, we've got to learn, just like up north where you all came from, you have to have a strong industrial base so that you can protect the ambiance of the community for you. Now, Commissioners, I'm going to ask you a personal problem (sic). Please bring Jackson Labs here, because I'm the father of an internist, my daughter-in-Iaw's a pediatrician, and if you help me get Jackson Labs here and I can bring them down here, then you'll see less of me over here because I'll be playing with my grandchildren. (Applause.) CHAIRMAN COYLE: That's the most convincing argument I've heard all day. MR. MITCHELL: Michael Beaumier will be followed by Geoff Moebius. MR. BEAUMIER: Good morning, Commissioners, thank you. My name is Mike Beaumier. Today I speak to you as a father, a brother, and a son of a group of women who've had the strength to face cancer and fight in ways -- and fight it in ways that many strong men would crumble. Page 78 July 27-28, 2010 I'm a supporter of the Jackson Labs because I've had the opportunity to learn through their cutting-edge research and personalized medicine what it can do for all of us. My family's got a unique situation. I have five sisters, and three of them have had at least two forms of cancer. One of them lost their life through Lou Gehrig's Disease. Both of these diseases are research that the Jackson Labs performs. Recently my wife's mom was diagnosed with breast cancer. And the stark realization has struck our family that my 11- and 13-year-old daughters now have breast cancer on both sides of their family. But this is not a story of sadness. This is an opportunity to continue the fight. Through our discussion with the teams at the Jackson Lab, our family's learned that we can determine if our daughters do carry that genetic gene, and the -- you know, whether the prospect that they're carry -- that they'll take this terrible disease in their life or not, and if they do have that, the opportunity to, through personalized medicine, to manage that process though life and make the right decisions going forward. What I described to you is a brief overview of what the team of Jackson told us about last -- over the last several weeks and gave us new insight about how to assure our children the chance of living long and healthy lives. I believe this is what we all should be thinking about when we discuss personalized medicine. The teams at Jackson Labs are working hard to understand the human genome and the efforts they've been (sic) will continue to provide families like ours with the opportunity to continue the fight against these diseases in the future. Bringing Jackson Labs to Florida is not only good for the economy in the long run. It will provide families like ours the opportunity to better understand how to fight disease and assure our children's future. Thank you. CHAIRMAN COYLE: Thank you. Page 79 July 27-28,2010 (Applause.) MR. MITCHELL: GeoffMoebius will be followed by David Web. MR. MOEBIUS: Good morning, Commissioners. I'm Geoff Moebius, the retired CEO of Physicians Regional Healthcare System. I requested to speak this morning because of the importance of the decision regarding Jackson Laboratory and its potential impact on the future of Collier County and Southwest Florida. I relocated to Collier County about ten years ago to help the Cleveland Clinic Hospital that was the predecessor to Physicians Regional on Pine Ridge Road. As you may know, Cleveland Clinic has a well respected medical research program in Cleveland, Ohio, called the Lerner Research Institute. In 2008, research grants at the Cleveland Clinic was over $280 million in heart, cancer, nutrition, and other specialties. In fact, Cleveland Clinic joined the university hospitals at Cleveland, its archrival, and Case Western Reserve University develop a research campus, an incubator, to stimulate biotech companies. This venture has become a major strategy to help grow high-paying jobs in Cleveland. The reason I mention this is, back in 2003 when I was on the board of the Economic Development Council, one of the discussions I had with Tammie Nemecek was biomedical research and what it would take to build such a program. I told her there was only pieces/parts of the needed infrastructure present within Southwest Florida to build such a business line here. It requires universities with existing advanced degree programs with research programs, hospitals, committed physicians, and a laborer pool within the community to sustain and grow such a program, and a community that's committed to building this program. I told her it would take years to develop. I commend Tammie Nemecek, the EDC, the chamber, and those Page 80 July 27-28, 2010 who have brought us to this point. Each day additional building blocks continue to come forward, such as the University of Florida, University of South Florida, ready to be involved in this endeavor that could help keep this community's future bright. Collier County is a destination site for visitors who come and go because of our beaches and our sunshine. Some stay, retire here, even play golf. But it's also -- Collier County is losing its young, well-educated people who decide to go elsewhere after college because of the lack of the diverse, high-paying jobs. We have the opportunity to begin an exciting journey on the leading edge of medical technology due to the hard work of those who have the vision and the understanding that a diversified business community grows and continually enriches the lives of those who live here. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Kathy Curatolo. She'll be followed by Jeff Allbritten. Nope. CHAIRMAN COYLE: Okay. Two more names. MR. MITCHELL: Paul Abbott, and he'll be followed by Russell Budd. Paul Abbott, and he'll be followed by Russell Budd. MR. ABBOTT: Good afternoon, Commissioners, ladies and gentlemen. For the record, my name is Paul Abbott, and I thank you for the opportunity to contribute to this debate, giving Jackson Laboratory incentives to become a part of our community. I commend the commissioners for engaging in this debate to ensure that Collier County benefits economically in the short- and long-term from the proposed expenditures of taxpayers' funds to encourage new businesses to the area. I have been a resident of -- and taxpayer in Collier County for over 15 years, and I've enjoyed every minute of those years. Collier County and Southwest Florida, in general, has and will continue to make a positive impact on the State of Florida through its Page 81 July 27-28,2010 people, businesses, and even in the political arena. When my family decided to move to Florida from Jamaica, we looked around for a community that was in the process of growing so that we could be a part of that growth. Collier County was the place to be. By moving away from the mold of being a place to grow old and die into a vibrant, diverse community where all ages thrive and prosper, Collier County is no longer a place to die, rather Collier County is the place to live. Diversity in business is the key to continue the upward mobility of Collier. Tourism, real estate, and construction can no longer carry the expansion load. New blood must be infused to keep our long-term economic base viable and healthy. We need to attract new businesses to our county, and Jackson Lab is a start. Business ventures such as proposed by Jackson Labs will provide employment avenues for our young people and extend the great dream after graduation to other counties and states in search of employment. Jackson Labs will attract other businesses and facilitate further economic development. It is already happening with the proposed partnership of Jackson Labs and USF. From my perspective, being in construction, Jackson Labs will give an immediate boost to construction and also be a well-needed shot in the arm for all other businesses, private and public. Collier is competing with other well-suited Florida counties as the location for new ventures, and this competition comes at a cost we must bear. It is worth it. Now and for the future. Let's just do it. Thank you. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Russell Budd will be followed by Jeff Fridkin. MR. BUDD: Good afternoon, Commissioners. My name is Page 82 July 27-28, 2010 Russell Budd. I appreciate the opportunity to address you. During my 12 years on the Planning Commission, I had the opportunity to enjoy your seat and your view, and I learned over that time that the most favored representation or presentation was a brief one. So with that, I encourage you to support this petition to fund it for the future of the community and Collier County. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Jeff Fridkin will be followed by Rick Harper. MR. FRIDKIN: For the record, JeffFridkin, Mr. Chair, Commissioners. I'm here as the chairman of the Leadership Collier Foundation and also as a past chair of the chamber, to let you know that our 600 alumni Leadership Collier folks as well as our 1,800 members of the chamber and their 60,000 employees in this community strongly urge you to seize this moment, take this opportunity, follow the House of Representatives of Florida, the Senate of Florida, the governor of Florida, and invest in this marvelous transformative opportunity. Thank you. MR. MITCHELL: Rick Harper will be followed by Susan Parageis. MR. HARPER: Thank you, Mr. Chairman and Commissioners. My name is Rick Harper. I'm an economist and the director of the Hauser Center for Business Research and Economic Development at the University of West Florida. I'm responsible for the calculations of economic impact that are in the WEG report, and I'd like to speak to you briefly about those. The EDC has been kind enough to coerce one of their members into giving up their three minutes, if necessary for that presentation. And I'd like -- CHAIRMAN COYLE: Could -- excuse me. Just so we treat everyone fairly, can we identify the person who is giving up their Page 83 July 27-28, 2010 time? MS. BARTLETT: Kristi Bartlett. CHAIRMAN COYLE: Okay. Kristi Bartlett is giving up her time, Ian. And so you'll have six minutes. MR. HARPER: As an economist, when I look at Mr. Harrison's work, as chair of the Productivity Committee -- excellent job in identifying possible funding alternatives, identifying the possible risks and opportunities that result from this project -- I'd like to speak briefly to what Collier County looks like economically and, given that, as Mr. Harrison pointed out, nobody has a perfectly clear crystal ball, I'd like to talk about some of the risks that are associated with this potential project. Ifwe look at 1980,30 years ago, and then we look ahead to 2040, 30 years from now, we have baseline economic projections of what employment in Collier County will look like in 2040 and what it looked like 30 years ago. Thirty years ago healthcare was about 5.8 percent of employment in Collier County. All government put together, local, state, federal military, civilian, was about 8.8 percent, or 50 percent bigger than healthcare. Manufacturing at that time was 27.7 percent of the Collier County economy, and agricultural employment was 4.4 percent. If we look today at the Collier County economy, healthcare has grown, almost doubled over the 30-year period. It's now 11 percent of the economy. It has surpassed government, which -- whose share of the overall economy has decreased to 8.3 percent down from 8.8 in 1980. Manufacturing has fallen from 2.7 down to 2 percent. Agricultural employment has fallen from 4.4 down to 2 percent. And then if we look ahead at baseline projections, which are simply reflective of economic trends in employment throughout the Page 84 July 27-28, 2010 country and in Florida but do not yet include the employment impacts that we expect to see from the Jackson Lab and associated village development, we see that by 2040 13.2 percent of employment is expected to be in healthcare in Collier County versus 7.8 continued shrinkage in government versus 1.5 percent in manufacturing, continued shrinkage in manufacturing, versus 1.1 percent in agriculture, continued shrinkage of agriculture, which would be one quarter of the size that it was in 1980. So if I look into my crystal ball, I agree with Mr. Harrison's statement that we cannot see with great clarity what the economy will look like, what businesses will choose to locate here in the park. But if I'm going to bet on a sector, I'm going to bet on healthcare and technology because that's where the jobs of the future will be. If we look at the Orlando model where basically 40 years ago Orlando was a big green empty space in the middle of Florida, tourism as economic development driver, our warm climate, our land, our natural resources, were the amenities that first drove the Florida growth model; however, as we transition into an economy where increasingly the important and nontransferable, nonmobile component of economic development and high salaries will be the skills of the workforce, my view as an economist is that those are disproportionately going to occur in healthcare going forward for the reasons that the dean of the medical school and others have mentioned, as we move more into an environment of personalized medicine with greater information processing capabilities, and I expect to see that trend continue. We calculated that just for Collier County we're looking at 7,500 jobs, as Mr. Harrison mentioned, 11,500 total jobs. We often serve as the multiplier police. Commissioner Halas mentioned that -- how many times a dollar circulates in the local economy. Well, the REMI model that we used to examine economic impact here is the standard. It is, as it were, the gold standard for looking at economic impact. It's Page 85 July 27-28, 2010 a conservative, realistic view of the supply chain effects, the income that's induced in various sectors and then spent in the local economy. And the multiplier that we come up with in calculating these impacts of $76,000 per job average wage, one and a half billion dollars in local output on which taxes are levied, and then one billion dollars in gross domestic product at build out, along with one billion dollars in wages, well, that multiplier is actually closer to 1.6. That is the best science that we have in the economics profession about how you do these calculations, and I would assert to you that those calculations are reasonable and that they are an accurate reflection of the way that the spillover effects work in a local economy. We also, back in November, delivered the original report, which looked at the impact for Florida, considering Collier County in all the associated economic activity. As you might imagine, those impacts are larger, because when spending occurs in Collier County, it ripples into additional sectors. Many of those people are not located in Collier County, but instead are located elsewhere in Florida. And I can tell you that the jobs impact was over 50 percent again as large, that the output impact was more than double for Florida, and that the GDP effect was almost two times as large. So the calculations are accurate. They represent the best state of economic knowledge that is available. And in my view, healthcare, among all the sectors in Collier County, is going to be the one where, if you need to spend scarce taxpayer resources, that would be the one that I'd bet on. Thank you very much. CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: Bob Mulhere will be followed by Jean Frazier. MR. MULHERE: Good afternoon. For the record, Bob Mulhere Page 86 July 27-28, 2010 here on behalf of myself, but also in the capacity as the incoming chair of the EDC. I'm here today to support what I believe is the very best opportunity for economic diversification that Collier County has ever seen. It's a game-changing opportunity, as has been said. I say that because I've actually spent -- I started working with the EDC in 1993. My children were young then. And that was -- the basis for my involvement with the EDC was to try to diversify the economy so that there would be opportunities for my children when they finished college to stay in Collier County and work in Collier County . That's been more than 17 years of efforts, not just myself, but many, many community leaders involved in working with the EDC to try to promote economic development and diversification. That has been a very tough battle over those 1 7 years, but no one ever gave up hope. Everyone continued to work. Everyone that was involved understood that we needed to diversify our economy in order to have a very healthy and vibrant community. The BCC has always been an active partner in that effort. You've demonstrated a commitment to this healthy, vibrant, diverse economy, and we are truly grateful for your support. Jackson Labs and its partners, which include the University of South Florida, which include Edison State College, which include, now I understand, Florida Gulf Coast University as the beginning partners in this effort. With -- this proposed biomedical village will give Collier County the kind of truly transformational opportunity that we have been working towards for all those many years; transformational, not incremental, transformational. Nothing happens overnight. It will take time and diligence. You have partnered with the community through this -- through Project Innovation. Project Innovation has identified six major Page 87 July 27-28, 2010 drivers. Those include quality of place, innovation, infrastructure, governance, talent, and business climate. This opportunity furthers every single one of those drivers. Project Innovation has identified 72 different -- and the number is growing -- community organizations as endorsers. Those are -- community organizations, they're not-for-profit businesses. They're community organizations. They represent a broad cross-section of this community that supports Project Innovation and supports all of those projects that further those drivers. This is the very kind of industry we have sought, it's supported by a broad cross-section of the community, as is evidenced by the Project Innovation endorser membership levels. We've also received over 500 letters of support from individuals in other organizations throughout the community supporting this opportunity . CHAIRMAN COYLE: You need to wrap it up. MR. MULHERE: I'm wrapping it up, yep. So if we let this opportunity slip through our hands, we may not get another chance, or at least not very quickly. Certainly, we will not be considered for matching state funds or even be taken seriously as a community that is really trying to attract a target industry and relocate to our community. We have an opportunity like -- that many -- CHAIRMAN COYLE: Okay. Thank you, Bob. MR. MULHERE: -- other communities truly enjoy. Thank you. Thank you for your support. MR. MITCHELL: Jean Frazier will be followed by Pam Brown. MS. FRAZIER: I'm a homeowner in North Naples, and, therefore, a taxpayer. I am not against Jackson Labs. I am against the taxpayers of Collier County being taxed an additional $130 million without a vote by the people. Raising taxes without the taxpayer having an opportunity to vote on this project is not in keeping with the spirit of our constitution. Page 88 July 27-28, 2010 Funding Jackson Labs needs to be put on the ballot before a decision is made. Everyone knows of the poor economic conditions in Florida. You as our representatives need to put this project to the vote of the people of Collier County, and I hope I'm not talking to deaf ears. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MR. MITCHELL: Pam Brown will be followed Mariedena (sic) Montesino de Stuart. MS. BROWN: Good morning, Commissioners. My name is Pam Brown. I am a native Floridian. I'm second generation Immokalee-an, and very proud of it. I have a concern because I think that Jackson Labs is a good idea, but I am totally against the taxpayers paying for this. I really think this should be on a referendum vote. We are a region of economic concern in Immokalee. I know that OTTED has approved some of this money because of the close proximity to Immokalee, and I ask you to please look at this before you tax the payers of Collier County. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MR. MITCHELL: Ms. Montes- -- yep, and she'll be followed by Anthony 1. Abbate. MS. de STUART: Madam Commissioner, Gentlemen Commissioners, I want to begin by saying that the Ave Maria project misled my family and I there. The Jackson Lab project is misleading and reckless, but this time the taxpayers of Collier County will not be fooled. My name is Marielena Montesino de Stuart. My husband and I are property owners and reside permanently in Ave Maria with our two young children. What I am about to say is known to those who Page 89 July 27-28, 2010 are familiar with my public opposition to the Jackson Lab proposal. But you may not know this, so I am here to express the following to the members of this board. I am the only person in Ave Maria who has publicly opposed the Jackson Lab proposal, which I consider to be nothing but an immoral and undemocratic real estate bailout of the Monaghan and Barron Collier Ave Maria experiment. In Ave Maria, we already live under the control of a bizarre form of government specially crafted by Monaghan and Barron Collier, which gives them the right to tax us without us property owners having a right to vote or make any decisions. Thus, Ave Maria is now well known as the town without a vote. But to our dismay, it is apparent that Collier County Commissioners are -- may be choosing to follow the Monaghan/Barron Collier absolute authority model by taxing us in order to bring the Jackson Lab to Ave Maria while denying us the right to vote on this matter. Ladies and gentlemen, 82 percent of the people polled in the Naples Daily News are opposed to any public funding of the Jackson Labs move to Ave Maria. I am here to ask that you follow the sacred principles of this great country of ours and respect the voices of Collier County citizens through their right to vote. The way in which this Jackson Lab matter has been presented is leading many citizens of our community to legitimately question whether corruption is taking place. I believe that such doubts can easily be laid to rest by letting citizens vote on this matter. Finally, if the Jackson Lab is such a great investment, then I strongly suggest that Mr. Tom Monaghan and Barron Collier pay for it. (Applause.) MR. MITCHELL: Mr. Abbate will-- CHAIRMAN COYLE: Ladies and gentlemen, I'd like to make Page 90 July 27-28, 2010 an announcement here. We're going to have to break for lunch. If the commissioners don't object, we'll cut our lunch hour in half and try to get lunch here in our chambers in a 30-minute period. So we'll break for lunch at 12:30. And so we'll take this presentation and maybe one other, and then we're going to break for lunch, and we'll back here then at 1 :00 to resume our deliberations on this subj ect. So, please, sir, go ahead. MR. ABBATE: Thank you, Mr. Chairman. MR. MITCHELL: So Mr. Abbate will be followed by Georgia Hiller, who will be the last speaker before lunch. MR. ABBATE: Thank you, Mr. Chairman, for the opportunity to speak. I'd like to submit this exhibit for public record. CHAIRMAN COYLE: Okay. MR. ABBATE: A 25-year multilevel tax scheme is being rammed down our throats. The free gift of$130 million to Jackson Lab would come from new taxes and fees. This earmark is corporate welfare and not acceptable or an option for many Collier County citizens. There is a total disconnect with our county leaders. They are working under a philosophy of presumed consent. They are wrong. Let's focus on the numbers. The county does not have available the required $130 million, but the county could borrow the entire amount by issuing revenue bonds. This works out, as a suggestion, $80 million in FY20 11, and $50 million in 2013 at an interest rate, conservatively, of 4.5 amortized over 25 years. The total cost would be approximately $90 million over the life of the bonds. Grand total for taxpayers is $230 million or more, depending on the unknown agreements with Jackson Lab or the State of Florida. The second element of this scenario is the impact of the 220 million or more on long-term debt. As of September 30, 2009, the total debt service -- that's principal and interest to maturity for Collier Page 91 July 27-28, 2010 County -- is 1.2 billion. This does not include the additional 220 million on the long-term obligation. How does this make any sense, the taxpayers of Collier County hand out 130 million to a nonprofit company without any conditions, then the county goes out and borrows the money, plus interest, and requires the total obligation of 220 million from the taxpayers? This is outrageous and irresponsible and puts the taxpayer at risk. There is a win-win solution, however. First, withdraw the entire $130 million Jackson Lab proposal and agreements for -- from Collier County immediately. Jackson Lab and other nonprofit entities are best served and supported with long-term funding from a variety of sources. These include other nonprofits, local businesses, individual, private contributions, foundations, and the like. These unlimited revenue sources are great potential partners for all who plan to locate at the biomedical center in Collier County. During these unusually uncertain years ahead, it's time to respect the struggling taxpayers while allowing the capability of the private sector to provide their generosity. Let's free -- let the free market work without county earmarks. AUDIENCE MEMBERS: Yes. (Applause.) MS. HILLER: Good morning, Commissioners. Georgia Hiller, candidate for County Commission, Second District. Seat being vacated by Frank Halas. Commissioners -- many of you out here today are wearing this bracelet. I'm going to put it on. I support the biomedical village in Ave Maria. I applaud Blake Gable for his initiative in trying to develop this project at this time. I also commend Jackson Labs for considering Collier County and the University of South Florida for reconsidering Collier County after having left Southwest Florida in 1997. With that said, I think the issue here today is not how good these Page 92 July 27-28,2010 projects are, but rather it's a question of public policy and whether you as commissioners, as a matter of public policy, are willing to commit public funds to a private enterprise without a vote of the people. I have stated my position on this public policy question. I feel it is absolutely essential that the voters have a say. This is a matter that should be put to referendum. If the facts are as positive as you say, then I have no doubt that the voters will vote in favor of publicly funding this project. With that said, I'd like to read two articles. Coincidentally, both these articles were published on the same day but in two different newspapers in two different communities. The first is in the South Florida Sun Sentinel, Palm Beach County -- Palm Beach County's past biotech debts add to growing budget woes. Biotech buyers' remorse is surfacing as Palm Beach County officials struggle to avoid $100 million budget shortfall. During rosier economic times, the county and the state used 600 million public incentives to persuade Scripps Research Institute to expand to Palm Beach County. Now debt payments for building Scripps' new headquarters and labs, as well as other past county spending, are added to the county's budget burden. The proposed budget calls for paying about 82 million toward the annual debts owed on Scripps, et cetera. The Scripps share is 125 million. Because of the struggling economy and the budget crunch, County Commission Chairman Burt Aaronson said Wednesday that he doubts he and his fellow commissioners would have approved this Scripps deal if we knew any of this was coming. The second article, which was published on the same day in the South Florida Business Journal says, as follows: Broward approves 60 million in bonds for business expansion. Nine companies in Broward County were given approval to seek a combined 59.8 million Page 93 July 27-28, 2010 in tax rebonds through the federal stimulus bill. Broward County commissioners approved all of the applicants for the recovery zone facility bonds on June 15th. The next step for the applicants is to take their proposals to bond counsel, where a third-party attorneys will evaluate the feasibility of the projects so they can approach -- CHAIRMAN COYLE: Could you rap it up, please, Georgia. MS. HILLER: Yes. MS. BEARDSLEY: I'll give her my three minutes, sir. MS. HILLER: Thank you. CHAIRMAN COYLE: Okay. Could we have your name, please. MS. BEARDSLEY: Yes, Glenda Beardsley. MS. HILLER: Thank you. Thank you very much. CHAIRMAN COYLE: Are you going to need more than three more minutes? MS. HILLER: No. MS. MONETTA: I'll give her my three minutes. MS. HILLER: Thank you. MS. MONETTA: Shari Monetta. MS. HILLER: Thank you very much. CHAIRMAN COYLE: Are you sure you want to -- she only needs three minutes. MS. HILLER: I'll take Shari's just in case. Thank you. CHAIRMAN COYLE: Okay. Shari Monetta. MR. MITCHELL: Sherry? CHAIRMAN COYLE: Shari, S-H-A-R-I, M-I-N-O-T-T-I, if I believe -- remember correctly. I misspelled it? MS. MONETTA: M-O-N-E-T-T-A. CHAIRMAN COYLE: Okay. You got it? MR. MITCHELL: Yes, sir. CHAIRMAN COYLE: Okay. Page 94 July 27-28, 2010 MS. HILLER: Let me continue, or let me restate where -- at the beginning of that paragraph. Broward County commissioners approved all of the applicants for the recovery zone facility bonds on June 15th. The next step for the applicants is to take their proposals to a bond counsel where third-party attorneys will evaluate the feasibility of the project so they can approach the bond markets for their money. Should they succeed as planned, these projects -- these projects would create more than a thousand jobs combined. Although Broward County selected the applicants, the private companies would be solely responsible for repaying the money. And that's the bottom line, Commissioners. This is a question of public policy. If the public would like to subsidize private industry, let them tell you by referendum. At the end of the day, measure twice, cut once. Thank you. (Applause.) CHAIRMAN COYLE: Okay. Ladies and gentlemen, we are adjourned for lunch. We'll be back here at one o'clock, and we will continue to receive public comment. (A luncheon recess was had.) MR.OCHS: Ladies and gentlemen, please take your seat. Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. Who's the next two speakers? MR. MITCHELL: It will be Andrew Solis, followed by Keith Dallas. Andrew Solis, Keith Dallas. UNIDENTIFIED SPEAKER: Keith left. MR. MITCHELL: I'm sorry. Who's left? MR. KLATZKOW: Keith Dallas left. MR. MITCHELL: Keith. Okay. So the next person will be Noreen Murray. CHAIRMAN COYLE: And we only have 86 more to go. Please ahead. Page 95 July 27-28,2010 MR. SOLIS: Good afternoon, Commissioners. Andrew Solis. I'm an attorney with the law firm of Cohen and Grigsby in Naples and Bonita Springs. I would just like to express my support for the project. This is an opportunity to create a community asset, something that will benefit the community as a whole, something like a hospital or a school. While it's not owned by the government, it is something that has a public purpose, and it can fundamentally change Collier County. And I'd like to express my support for that. I would also like to express the support for what I've heard today about the possibility of the education component related to the Jackson Labs project, and that is, as a father of two children being educated in Collier County, the ability to expose our children to this kind of research, this kind of science, I think, is an opportunity to inspire our children to become scientists. It's my understanding that in Bar Harbor, there's a relationship with the public school system. Children can go there and actually finish their last year of high school and science courses actually working with world-class scientists, and that's the way we need to inspire our children, I think, and that's a wonderful opportunity that we have here to do that, to inspire our kids to become scientists. Something that we heard every day that we're not doing in our school system. So I would wholeheartedly support the Jackson Labs project, and I hope that the County Commission does the same. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker after Noreen Murray will be Shawn Bess. Okay. If Shawn Bess isn't here, Scott Bonham. Duane Billington? CHAIRMAN COYLE: Thank you. Go ahead. MS. MURRAY: My name is Noreen Murray. I've been a consultant to research universities, medical schools, and teaching Page 96 July 27-28, 2010 hospitals in Boston and New York for 35 years. Much of the discussion in the last few months has evolved from just Jackson Labs to the idea of a medical school and a teaching hospital. As has been said this morning, last week USF announced it would partner with J ax and, at the same time, announced it was pursuing state funding for $26 million for the construction of a building. This is a small portion of the public money that would be needed for a medical school and a teaching hospital. In addition to construction funds, both types of institutions are heavily dependent on public money for ongoing operating expenses. That public money comes from federal, state, local governments and Medicare and Medicaid. Each of these sources is under great pressure to reduce spending. I'm not sure how many of you about to vote have a good idea about how medical schools and teaching hospitals are funded or what the outlook for the industry is. So let me read you just a few headlines. March 2010, first the federal government cut 10 million in Medicaid funding to the University of Utah Hospital, then the state legislature eliminated two and a half million of support. In all, the medical school lost 40 percent of its education budget instantly with no revenue-creating solution in sight. Another, saddled with debt incurred to build a teaching hospital that now may not be built, Baylor College of Medicine has four months to repay a hundred million dollars in bonding. June 25th, 2010, lack of funding threatens a new University of California, Riverside Medical School, that is currently under construction. From the Journal of Healthcare Financing, despite the prestige and reputation of teaching hospitals, as a group, they are in financial distress. According to the Brookings Institute, America's academic Page 97 July 27-28, 2010 medical centers are in a financial crisis that threatens their viability. Trying to build our economy with tax exempt institutions that will pay no property tax and no corporate income tax but are dependent on public money for ongoing operations may not be the best course for economic diversification in Collier County. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker after Mr. Billington will be Jaime Lopez. Okay. Brenda Fioretti. CHAIRMAN COYLE: Jaime Lopez is here. MR. MITCHELL: Oh, he's here. Okay. MR. BONHAM: Mr. Chairman, my name was called. He's not saying it now. Scott Bonham. CHAIRMAN COYLE: Okay. It was called earlier? MR.OCHS: Yes, sir. CHAIRMAN COYLE: Come on up, Mr. Bonham. Come on up. MR. BONHAM: Oh, wow. I don't mean to -- good afternoon, Commissioners, and people of the public. My name is Scott Bonham. I'm a conservative person and a supporter of capitalism. During my life I have observed progress slash liberals move this country closer and closer to socialism and away from individual responsibility and control of self. I believe there is no reason, that is none, that any government should be financially involved with any private enterprise. This nation has, in the past, become free and strong because of the ambition for profit in business and personally. Recently, the words profit and wealth have become bad words. Government has grown in size and power so that free enterprise is badly restricted. Let us reverse this trend. Nonprofit is an oxymoron to me. Jackson Labs has been in Bar Harbor for 81 years. Is there a cluster of associated businesses there, that is biomedical businesses? How many hands-on employees are Page 98 July 27-28,2010 there, that is in Jackson Labs? The people of Collier County must not become a sugar daddy to Jackson Labs or anyone. As to what we should do, we must draw light industry to our very appealing area. An editorial on Sunday's paper encouraged going ahead. One of the portions of that I lifted out. Our community is accustomed to big-ticket projects, such as 38 million for an overpass, 54 million for a regional water park, and even 430 million for widening Interstate 75. All three of those projects we could see in advance what it was going to do, what it cost us, and what the benefits would be. Commissioners, the proposed action is pure speculation, gambling, with the money of couples and individuals and families; that is, children of today will be responsible adults tomorrow. In my mind this is a stupid move. Do not do it, please. Thank you for your time. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Thank you. Mr. Billington. MR. BILLINGTON: For the record, Duane Billington. The Washington Economics Group report bases the projected jobs and economic benefit on a total built out square footage of the Jackson building plus an additional three million square feet. That is the equivalent of 33 eight-story buildings like the one we are in. This three million square footage is something that is not supportable. Jackson will take 130 million out of the local economy. This is as a negative impact -- excuse me. This is a negative impact on local charities and will divert money away from local businesses. Jackson will compete for charitable donations and take away dollars that would otherwise be spent in local stores, on entertainment, or dining. The consequences weren't considered in the WEG report. The following Productivity Committee quotes -- and my comments do not support the WEG report. Quote, the committee unanimously agreed that the economic viability of the proposed Jax Florida complex cannot be validated. Quote, there is not much Page 99 July 27-28, 2010 verifiable information in the business plan to evaluate a 260 million funding decision, making risks substantial. Quote, the Washington Economics Group report, which quantifies the potential economic impact in Collier County, appears optimistic. We question the input assumptions. In other words, garbage in, garbage out. Quote, the WEG return on investment is extremely low, especially considering the level of risk. The report has shown the county will not recover its 132 (sic) taxes and fees even after 23 years. Quote, the WEG report didn't consider that if Collier County residents were not taxed to provide 130 million, they would spend some, most of that money, creating jobs and earnings and economic impact in the local economy. Consider this. One hundred thirty million would fund the neighborhood health clinic which provides low-cost medical care for the working poor, the Senior Friendship Center that provides healthcare and assistance to the seniors, and the Lighthouse Inn, Naples, that provides help and assistance to the blind, all three for over 77 years. One hundred thirty million would fund for a family of four 1,780,822 family fun days that include a trip to Corkscrew Sanctuary, meals at a fast food establishment, and an evening movie at a local theater, or it could fund 1,300,000 $100-spending-trips to Home Depot, Lowe's, local department stores or nights out on the town. These are just some examples of the activities that won't happen if the 130 is diverted to Jackson. CHAIRMAN COYLE: Wrap up that. MR. BILLINGTON: Put this to a vote. CHAIRMAN COYLE: Your time has expired. MR. BILLINGTON: The people need to be heard on this. CHAIRMAN COYLE: Thank you. MR. BILLINGTON: It reads thirteen seconds. Page 100 July 27-28, 2010 MR. MITCHELL: Jaime Lopez will be followed by Shawn Bess. MR. LOPEZ: Good afternoon. For the record, my name is Jaime Lopez. I come to you as a 26-year-old that have reside in Collier County for the past ten years. For the past ten years, I've seen the county grow, I've seen the potential of its people, I've seen the potential of the government, and I've been impressed by the county itse I f. I know that many years ago, you know, this area was nothing but, you know, the Everglades, and I'm pretty sure that a lot of opposition existed back then when people wanted to develop this area and wanted to create a new future. I've heard a lot of senior citizens today discuss, you know, how they don't want this for the short-term, but I come to you to look at, you know, my generation, and the generation that comes after me. I'm going to be the one that is going to be paying for this for the next 23 years, and I wanted you to concentrate on my future and the generations that come after me. Most of them have created their future, you know, somewhere else, and they've come here to end their -- you know, and enjoy their retirement. I want to be able to create my future here. I don't have to -- don't want to be able to move somewhere else to put the effort and the work. I want to be able to enjoy this county like I have for the past ten years. This is a great opportunity for us. There's a lot of things that are going to come our way. And like many years ago the opposition existed. I want you to take a look at that opposition as well, but take the vision that is needed for leaders to be able to create that mark in the history of this county, that that way, 20, 30 years from now they can look back and they can say, yeah, there was a lot of opposition back then, but thank God they did the right thing, and look at where we are today. Thank you very much. Page 101 July 27-28, 2010 (Applause.) MR. MITCHELL: Shawn Bess will be followed by Brenda Fioretti. MR. BESS: Hi. For the record, my name's Shawn Bess. I live in Golden Gate Estates. I'd just like to thank the Productivity Committee for all their hard work on reviewing this project, and I'd like to thank the commissioners for giving me a couple minutes to talk to you about it. I had the pleasure of joining a group going to look at the Lake Nona project. It was a very well thought-out project, and I have no doubt in my mind that something like that could happen here. What I see missing from our plan is the plan itself. If we -- if Orlando, or Orange County, had taken the same approach that we seem to be taking now with Jackson Labs, Lake Nona would have never came to happen. They -- fundamentally the project seemed to revolve around the 600-plus acres that were dedicated to its development at the inception. The plan was made, the park was designed, and the people came later. We're putting the cart before the horse here, it appears. We're looking at Jackson Labs as like, it can be the center of this entire project. Fifty acres is not going to build a park or a cluster of any type. If you add another 250 acres to it, you're still sitting at only 300 acres. We need the land. We need the plan before we do anything else. And I'm not saying that we can't go forward, but the way this plan looks to have progressed at this point, it doesn't look like we're moving forward. It looks like we're moving backwards. We're moving backwards to the things that Collier County has been comfortable with, which is real estate development and construction. That's all this seems to come down to is real estate. We're putting lipstick on the pig and we're calling it something else, but what we're really doing is trying to move back to our past, Page 102 July 27-28,2010 our past that was outlined in 2004 in the AEG report, Anderson Economics Group. They were pretty prophetic in their description of what was going to happen to our economy if something wasn't done then. It wasn't done then. Here we are at 2010 at three-quarters of a billion dollars -- three-quarters of a billion dollars in debt and actually looking at adding to that debt some more. The taxpayers of Collier County cannot afford to go any deeper in debt. The 67 -- or the 70- -- I believe it's $75 million a year that we use just to service the debt that we have in this county -- could pay for this project in two years, but we're not there. We're not there now. That doesn't mean we can't be there at some point in the future. But going backwards is not going to be the route for us to go in the future. Thank you. (Applause.) MR. MITCHELL: Brenda Fioretti will be followed by William Spinelli. MS. FIORETTI: Good afternoon. My name is Brenda Fioretti. I'm the president of the Naples Area Board of Realtors. And on behalf of the Naples Area Board of Relators and our 4,215 members, we continue to endorse the use of state and local tax funding in support of the Jackson Laboratory's plan to locate in Eastern Collier County. If we've learned anything from the recent recession, it is that the long talked of need for economic diversification is now, painfully, reality . While such a significant shift in the economic makeup of our community comes with a price tag for us all and a degree of inherent risk, nonetheless, we believe that the cost and risk are merited in light of the great potential presented. The arrival of Jackson Laboratories in Collier County will have an immediate positive economic impact for many businesses and their employees. Ultimately, as partnerships are formed and the biomedical village Page 103 July 27-28, 2010 takes root, greater benefits will accrue. Finally, we believe that it is shortsighted to underestimate the potential impact of the emerging field of personal medicine that evolved from the research of the human genome. Thank you. MR. MITCHELL: Jason Vogel, and he'll be followed by Jeremy Arnold. MR. VOGEL: Good afternoon. Thank you for this opportunity. As a county resident, a father of two, and a cancer survivor, I want to take this opportunity to commend your courage and vision to this point, and I simply urge you to seize this opportunity. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Danielle Tolson. Sharon Treiser? Samantha Saldukas? Scott Relf? COMMISSIONER FIALA: He's here. MR. MITCHELL: He'll be followed by Renee Relf. MR. RELF: Mr. Chairman and the commission, thank you for giving me the opportunity to speak. I am a small business owner and a seven-year resident of the county. Three years ago, along with my wife, I began volunteering for and donating money to the Jackson Laboratory. And as of about two years ago, I've participated in the Project Innovation that the county commissioned to help get the community ready for the kind of opportunity that we're facing today. And what I would like to talk about is just one simple point, and that's about the dollars and cents of this proposal, and specifically, that every one of the dollars that the county invests has $5 worth of impact. The county's a beautiful place, and it's because of careful planning and folks that sat in the same chairs that you folks are in in years past that we have this kind of community to live and work in today. And I think that a lot of the things that are being said here today Page 104 July 27-28, 2010 about the merits of the proposal and the challenges of the funding are very important. But one item that I think needs a little bit more focus is the fact that, on this project, for every dollar that the county, that we invest in this, we immediately get a dollar from the state and $3 from the Jackson Laboratories. So we get $5 worth of impact for every dollar we invest, which I think makes this project particularly attractive to the folks in this community who are going to be paying the taxes on the project, and I urge you to support the proposal. MR. MITCHELL: Renee Relfwill be followed by K.P. Pezeshkan. MS. RELF: Hello, Commissioners. My name is Renee Relf. I'm a 20-year resident of Collier County and taxpayer, and I appreciate the opportunity to come before you and tell you that we support the Jackson Laboratory. As my husband said, we have been financially supporting the research of the Jackson Laboratory. As my mother suffers from two diseases of heredity, both Alzheimer's and pulmonary fibrosis. And my daughter Danielle, who was here earlier, suffers from epilepsy. And the communications and the opportunities that we have had by supporting the Jackson Laboratory bring this very close to my heart. Whether our community takes the opportunity, which is a once-in-a-lifetime opportunity, to bring a world-renowned facility like the Jackson Laboratory and institution here does not change our hearts and our passion for the work and the research that is done at the Jackson Laboratory and the advent of personalized medicine. But I have children and grandchildren that live in this community, and I want them to be able to stay here and grow here and realize their futures here, and so I ask you to support the Jackson Laboratory and the biomedical village for many reasons. One is, it's a legacy that we can leave for our children and our grandchildren in this community, and it's an opportunity for us to change the complexion of Collier County forever, that we're not just dependent on that Page 105 July 27-28,2010 three-legged stool, that we do have the opportunity to change Collier County forever. The time is now. The leaders are you. We ask you for your support for the biomedical village and the Jackson Laboratory project. Thank you. MR. MITCHELL: Mr. Pezeshkan will be followed by Rainy N orins. MR. PEZESHKAN: Good afternoon, Commissioners. I've lived in Collier County for most of my life. I've been here since I was nine years old. No secret to most of you, I've been in the construction industry basically all my life. And this project means a lot to the construction industry. There's a lot of our competitors in this room today, a lot of our friends and neighbors who are in the construction industry. And you know, just the other day, Friday, I was at the permitting department, and I hadn't been there in a long time because business is slow. And I saw a lot of faces I hadn't seen in a year. And the permitting department's empty. I mean, it's no secret, there's not a lot of work out here. But certainly a lot of people will be blessed with being able to work and provide for their families instead of moving out. I mean, again, the other day I went by a church that's under foreclosure. That church is supported by people who used to have a job. They've moved out. The schools, you know, they're missing out on students. Those students, parents used to live here, used to make a living here, a lot of them in construction, and they're not around anymore. But projects like this will certainly enable us to continue growing this community. And, you know, I hope you all definitely vote for this, in favor for us and envisioning -- you know, those of you who have the vision, it's not about what's going to happen, you know, in the next six months or 12 months. This we're talking ten, 15, 20 years, Page 106 July 27-28, 2010 like everybody's been saying. I'm a young guy, I'm 41. I plan on living here for a while. So please vote for this project. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Rainy Norins will be followed by Leslie N orins. MS. NORINS: Chairman Coyle and Commissioners, I'm very proud to stand here today before you at a momentous day. And I want to start my remarks by saying why our family became involved with the Jackson Laboratory, and it started 45 years ago with my husband, Leslie, who was studying in a research institute in Australia. And as a post-doc., his job was to go and pick up the specialty mouse models at the airport. And when he picked it up the first time and he saw the Jackson Laboratory, Bar Harbor, Maine, as a young student far away from home, he saw this American company that was servicing world-renowned labs that -- and he was at one of them. And so he was touched and moved by this, and -- plus his study in immunology, and he said, some day, ifhe were able, he wanted to give back to the Jackson Laboratory. So in 2002 we had an opportunity to say that we wanted to start giving back to our community or to charities that -- or research facilities that we thought were worthy. So we did our due diligence. We went to Bar Harbor for the first time to see the Jackson Lab, because it had been 45 years since Leslie had known about the institute. Well, we were super impressed, and we felt there was a -- it was a dynamic group. The work that they were doing there was important; it was vital to all of us. And little did I know when I was taking that tour at that time that it was going to mean something personally to me. Well, my husband and I came back, and a few years later we started engaging the community about the good works that the Page 107 July 27-28, 2010 laboratory is doing in basic research in a number of diseases, as have been mentioned, including Alzheimer's. And about that time I learned that my mother was diagnosed with Alzheimer's, and she lived for five years with it, and she died last fall. Thirty years ago my grandmother, my maternal grandmother, died of Alzheimer's, along with my four great-aunts, her four sisters. So 30 years from now, that may be facing me. So that's why the future of personalized medicine where we can get precise diagnoses and targeted medicine to be able to help us -- that's why I'm supporting the Jackson Lab personally. It is good for science. It's good for business. It's good for the economy. Finally, Commissioners, we elected you to represent us, and we feel that you have done your own due diligence. You've been to the lab. You've studied the reports. You've heard the people in the community speak out. So I would like to share my bit of philosophy for you that takes me through life, and it is, replace fear and disbelief with action and faith. And we charge you to go forward and unleash the power of scientific research here in Collier County. CHAIRMAN COYLE: Thank you. (Applause.) CHAIRMAN COYLE: We're going to have a break in the public testimony right now. Item #9C CONSIDER A REQUEST BY MAYOR SAMMY HAMIL TON TO DISCUSS THE POSSIBLE ACQUISITION OF THE EVERGLADES AIRPARK BY THE CITY OF EVERGLADES CITY - MOTION DIRECTING STAFF TO WORK WITH THE EXECUTIVE AIRPORT AUTHORITY DIRECTOR AND BRING BACK RECOMMENDATIONS REGARDING CONVEYANCE OF Page 108 July 27-28,2010 THIS PROPERTY WITH STIPULATION THAT IT REMAIN AN AIRP ARK - APPROVED CHAIRMAN COYLE: Mayor Hamilton from Everglades City is here. He had a time certain, and we're not going to keep him waiting. So Mayor Hamilton, if you would like to come up and present your petition. MAYOR HAMIL TON: Thank you, sir. Thank you, Commissioner. CHAIRMAN COYLE: Either side, either one. MAYOR HAMILTON: Okay, thank you. First I'd like to say, for the record, my name is Sammy Hamilton, Jr., the major of Everglades City. I want to thank -- is that one? CHAIRMAN COYLE: No, no. If you'd get closer to that microphone, Mayor Hamilton, we'll get you on the record. MAYOR HAMIL TON: I didn't want to bother him. CHAIRMAN COYLE: Just push him out of the way. MAYOR HAMIL TON: Well, I didn't quite want to -- I'm going to need him. Good afternoon. And, Mr. Chairman, I really want to thank you and the commissioners for letting me speak here for a few minutes, and I'll rush right through it. But I do want to -- for the records, my name is Sammy Hamilton, Jr., mayor of Everglades City and City of Everglades. Thank you. Okay. First is the airpark here. You see a nice picture of that. That's what we're going to be talking a little bit about. And this one I really like of the airport. You see, I don't know who did that. Jim Coletta must have taken this picture, because down at the bottom, that's me, the mayor, flying that plane there. You don't believe that. But anyways, I do want to thank you for letting me do this. Okay. The third one is the -- let me get my -- here. Okay . We'll make this -- run through this pretty good here. tPage 109 July 27-28,2010 December 1, 2003, the City of Everglades resolution we did. February the 25th, 2004, Board of Commissioners, the county commissioners of Everglades City Council workshop. September the 23rd, 2004, airport authority staff met with FAA. Today, no resolution. So -- I'm going to have to get me a new assistant driver. Okay . You see up there this number 4 here, Everglades City. The Everglades Airpark is -- wait just a second there. Excuse me here. I didn't get all my paperwork did (sic) right here, so you'll have to bear with me just a second. Okay. The Everglades Airport is very important to the Everglades City community. Everglades City has the ability to meet the FAA requirements. The responsibility today, economy, assures that local priorities can be met. Just for a second here I'd like to run through some things. I became mayor in 1996. Everglades City, when I came in, I looked at the books, told my wife Brenda, I said, I don't know what I got into but I'm quitting. She said, no, you're in it. You can't quit. But that was that bad. It was 300-some thousand dollars in the hole, in the red. And the trucks the people was driving looked like the Flintstones, feet hanging out. I'm not making ajoke here. It's very . senous. And if they came up like some people from the north now came down for the season -- I have the water turned on. If they came up to my door, no uniform, looked the way they did, I'd either shoot them or call the law. But it was that bad. So -- and two years later -- also to make it real serious-like, I just got on duty. And on a Thursday -- and the following next Thursday I got a letter from the DEP, Dr. Amati (phonetic), I'll never forget, become a good friend after 16, 17 years. But he let me know what I inherited. He said, Mayor, I want to thank you and appreciate you coming up today. I know it's a long Page 110 July 27-28,2010 ways, but I want to let you know what you inherited. I thought, man, what'd I inherit here? Anyways, he said, we could shut the city down -- and he meant this -- or $12,000 fine per day. This is true. And he goes on further and further. Finally I decided, you know, I'm here by myself. They're all surrounding me. Nobody smiling but me. So I stepped forward and I said, sir, Dr. Amati, I just got aboard the ship. You tell me what I can do, I'll be glad to do it. He said, well, the last administration didn't give us no test on the water, boom, boom. So make it short, I told him I'd do this. I went back. Now we've become very good friends and we have good drinking water. Now, some of the grants that I got, less than two-and-a-halfyears later -- all the old collection lines underneath the ground was put there, in 1940, '30s and '40s and '50s, couldn't get no grants for that, but I can get all the grant money I want on top of the ground. So I put the low pressure system in, had it put in. That was two-and-a-halfyears. So we have perfect drinking water. They said that when Wilma come through, the FEMA came up to me and says, Mayor, we're going to push the building down and build you a wooden building, just a small one here. I looked at them, I said, look. You'll have to bulldoze me down first. This is our history. It's the whole county's history. First county seat in the area ever. This is everybody's history. So I got about $10 million altogether, and from the county, too, my friends with the county, big help, always helped me out. And so you see the beautiful building. Most of you all was there a while back at the FAA communication meeting. Did that, some of the other things. But nowadays -- I have got a lot of grants, and I'm working now, it's already approved, working with the Southwest Water Management (sic), Clarence Tears, their Page 111 July 27-28, 2010 director, and we'll be going to the DEP 2nd and 3rd. I will-- it's been approved. I will have a reverse osmosis water plant in Everglades City. Never been done. (Applause.) MAYOR HAMILTON: Thank you. UNIDENTIFIED SPEAKER: Better than the county. MAYOR HAMIL TON: Yes. Also Chokoloskee, Plantation Island. CHAIRMAN COYLE: And could we get to the airport issue? MAYOR HAMILTON: Yes. I just want to let you know what I can do. Because when it says here, responsible today for the economy local -- anyway, can I afford this, in other words, more or less? Yes. Everglades City don't have any problem. I was just letting you know a little bit. But I'm sorry, Chairman, Mr. Chairman, I'm going to rush this on through, but I just want to let you know, we can afford that airport and we want it back. CHAIRMAN COYLE: Thank goodness. We just found a solution for funding Jackson Laboratories. It's going to be $130 million for you, Sammy. MAYOR HAMILTON: Thank you, Mr. Chairman. Thank you. Oh, Lordy, okay. Is this one mine now? Okay. Consideration. The Everglades City Council would request -- and I'm going to change that one. I got to get my paperwork. Just stick with me here. That's four -- my wife, I'm going to have to fire her. CHAIRMAN COYLE: I wouldn't do that, Sammy. MAYOR HAMIL TON : Well, she told me -- I told her I was going to get her sister here, and she started laughing for the first time I ever heard her laugh when I said something like that. She'll usually get serious. She started laughing. She said, you know how long that would last? Halfway to Naples. They'd get off. Anyway, as mayor of Everglades City, on behalf of the city and Page 112 July 27-28, 2010 its surrounding area, I would like to request the Board of the County Commissioners see about transferring the ownership of Everglades Airpark, which we call the airport, to Everglades City. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Well, Commissioner Halas was first. COMMISSIONER HALAS: Go ahead, Commissioner. COMMISSIONER COLETTA: Thank you. I appreciate that, Commissioner Halas. Sammy, you've done some wonderful things there. I've been marveled (sic) at it. Now, the airport, under county direction, has been a losing venture for a number of years. I think we've lost about $2 million or we had to invest $2 million in it over the past ten years to be able to keep it going. I seen what you did with your volunteer labor, I seen what you did with the -- working with the road prison out of Hendry County to keep the cost down for the residents of Everglades City. If I remember correctly, you've been lowering the millage every year since you've been the mayor. It's been unbelievable. I predicted if you got this airport, you would turn it around within a year to 18 months, break even and you'd be making money in the following year. It would be a tremendous benefit to the residents of Everglades City. It would be nothing more than recognizing the city council of Everglades City as the Airport Authority, and they would assume the responsibilities that this board had done, only the fact that they'd be hands-on, working with it themselves, and using local talent to keep it gOIng. I would like to direct the county staff to work on this and bring it back with suggestions of how we can make this happen. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I think what we're going to Page 113 July 27-28,2010 do tomorrow is we're going to elect an airport executive operator. And I would think at that time that maybe the air- -- whoever this new person's going to be would work with you and come back to the Board of County Commissioners, let's say, 120 days after this person takes over, to give us some idea of the feasibility of this program. CHAIRMAN COYLE: Okay. Yeah, we have two speakers? MR. MITCHELL: We have three speakers. CHAIRMAN COYLE: Okay. MR. MITCHELL: The first-- COMMISSIONER FIALA: I better -- somebody better second Commissioner Coletta's -- CHAIRMAN COYLE: We don't have to. COMMISSIONER FIALA: No? COMMISSIONER COLETTA: We can give direction. CHAIRMAN COYLE: We can -- we can just listen to the speakers -- COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: -- first, and then we can act on the motion. MR. MITCHELL: Your first speaker is Fred Thomas, and he's followed by Jim Murray. CHAIRMAN COYLE: Okay. Not here. MR. MITCHELL: Okay. So the last speaker would be Harold Hall. Are you Mr. Murray? MR. HALL: Oh, I'm sorry. I was too anxious. MR. MURRAY: I was sitting in the back of the room. Commissioners, Mayor Hamilton, thank you. The -- I'm Jim Murray, member of the Airport Authority Advisory Board. I'm not speaking for the board. We had a special meeting yesterday after finding out that this was going to be on the agenda. Our chairman and vice-chairman Page 114 July 27-28, 2010 couldn't be present, so we elected that I would speak for myself and not for the board. The Everglades Airpark was built by the Colliers in 1947 for them to come in and out. In December of that year, Harry Truman dedicated the Everglades National Park at the airport, and there are pictures of that in the Rod and Gun Club. When hurricane -- let's see. Which was it? When Donna came through in 1960, it destroyed most of the infrastructure. That was rebuilt. The county seat was moved to Naples. The Colliers sold the airport to the county for $125,000. There are two scenarios in this. First I sincerely hope that Mayor Hamilton intends to keep it as an airport. I think the tremendous asset for Everglades City -- MAYOR HAMILTON: That's for sure. MR. MURRAY: Good. Because if not, then there are the requirements of paying back the federal and state funds that had been -- had been given to the airport. MAYOR HAMIL TON: It will always stay as an airport. MR. MURRAY: Good, that's fine. Basically the thing is, there are certain considerations for the county to take if this is done in the funds that were lent to the -- by the county to the authority for the airport. There are costs associated with it. We have the numbers. If it would help in the decision for Mayor Hamilton and staff to do, we have the numbers available of what the annual costs are. Bottom line is, if we built two more rows of key (sic) hangars, the rent from those and the associated fuel fees would put the airport on a break-even basis. The Authority Advisory Board is available for any -- anything that we can do to help this. We do not have a recommendation one way or another, we just have facts available if they're helpful. CHAIRMAN COYLE: There is no decision likely today on this Page 115 July 27-28, 2010 issue anyway. The most that we can expect is that Commissioner Coletta's motion will direct staff, you included, and the Airport Authority Advisory Board included, to take a look at the issues, sort them all out, and then come back with a publicly advertised petition to make a decision, and that's going to be several months away. So do we have any other speakers? MR. MITCHELL: There's just one more speaker. Mr. Hall. MR. MURRAY: Thank you. We'll see you in the morning. CHAIRMAN COYLE: Okay. Thank you. MR. HALL: Harold Hall, Naples, and landowner and former resident in the Everglades area. First, let me just say that what Mayor Hamilton and Commissioner Coletta have summarized for you I think is right on target. I worked directly with the three mayors, and I've followed the whole economic progress of Everglades City closely all these years. They are in position to do what Mayor Hamilton said and was summarized by Commissioner Coletta. I'm not a sociologist, but let me throw out a term they use. It's-- the relationship between -- it's social economic relationships. See, Commissioner Coletta, I know some big words. COMMISSIONER COLETTA: I don't know what you said, but MR. HALL: But there is -- and I assure you of this. There is a very, very close social and economic relationship between the airport and the people of Everglades City. Much closer now than the other two airports. So I encourage you to go with Commissioner Coletta's suggestion. Make the motion for your staff to work with them. See if this can be accomplished. Thank you. MAYOR HAMIL TON: Thank you. CHAIRMAN COYLE: Now, Commissioner Halas had his light Page 116 July 27-28, 2010 on. COMMISSIONER HALAS: No, I'm all-- CHAIRMAN COYLE: You're all finished? COMMISSIONER HALAS: That's the last one. CHAIRMAN COYLE: Okay. Commissioner Coletta, you want to restate your motion now? COMMISSIONER COLETTA: Yes, that we direct staff to work with the Airport Authority new director and come back with a method that we could turn over the operations of the Everglades City Airport to the city council who would then assume responsibility, and also I'd add to that motion to be able to remove any possibility of it being used for something a couple generations now for anything but an airport, have a reverter clause put into the contract that if it ever is going to be used for anything else, it would revert back to the county, and that gives everybody the protection and the assurance that it will be an airport forever. MAYOR HAMIL TON: Appreciate it. COMMISSIONER FIALA: Second the motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to provide direction to staff to study the issue and come back to us with recommendations, and seconded by Commissioner Fiala. And we have Commissioner Henning, and then Commissioner Halas who want to make comments concerning this. COMMISSIONER HENNING: So we're going to get recommendations from staff? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: The -- well, good. I know there's history here. I know that we made a decision a few years ago. I just don't recall what it is, and I think it had to do something with a park. COMMISSIONER COLETTA: No. I can help with that. COMMISSIONER HENNING: But anyways. Page 11 7 July 27-28, 2010 CHAIRMAN COYLE: We don't need to have a history lesson, so -- COMMISSIONER HENNING: No. Well, we can get a history lesson. The staff can provide that. CHAIRMAN COYLE: That's right. They can provide us the backup. COMMISSIONER HENNING: I watch the History Channel all the time. I like history. CHAIRMAN COYLE: You still on board or not? COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: You're on board. Go ahead. COMMISSIONER HALAS: Yeah. I hope that when we said that it was staff, it would be with the new Airport -- CHAIRMAN COYLE: Absolutely-- COMMISSIONER COLETTA: That's correct. COMMISSIONER HALAS: -- Authority director. Great. Good. CHAIRMAN COYLE: You're going to vet it with all the appropriate -- MR. OCHS : Yes, sir. CHAIRMAN COYLE: -- agencies, right? MR. OCHS : Yes, sir. CHAIRMAN COYLE: All right. Good. Then all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: 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, and we will now go back to taking public input on the Jackson Labs and Page 118 July 27-28, 2010 productivity report. COMMISSIONER COLETTA: Thank you, Sammy. MAYOR HAMILTON: Mr. Chairman, thank you. Commissioners, thank you. CHAIRMAN COYLE: Thanks for coming in, Mayor Hamilton. Thank you. MR.OCHS: Thank you, Mayor. Item #9B CONTINUING THE REPORT FROM THE PRODUCTIVITY COMMITTEE REGARDING THEIR ANALYSIS OF POTENTIAL ECONOMIC IMPACT AND POTENTIAL FINDING OPTIONS FOR JACKSON LABS PROJECT MR. MITCHELL: The first speaker is Leslie Norins. DR. NORINS: Pass. MR. MITCHELL: So we've got Colleen Murphy, and she'll be followed by Christi Lunsford. Nope. Okay. So Kurt Langford followed by Joe Foster. Diane Fischer followed by Rosemary Everett. Tom Donahue followed by Kim Davidson. MS. DAVIDSON: I'm passing. MR. MITCHELL: Okay. Thank you. Lucy Dale followed by Bailee Carr. Ty Carr? Rick Borman? Lori Borman? Lois Bolin? CHAIRMAN COYLE: She's coming. MR. MITCHELL: And she'll be followed by Shirlee Barcic. MS. BOLIN: Commissioner Coyle and County Commissioners, thank you for allowing me to speak about the proposed biomedical village. My name is Lois Bolin. I'm a 31-year resident of Collier County. I'm also on the board on the EDC, an endorser of Project Innovation, I'm also recently appointed to the Florida Chamber Foundation Six Page 119 July 27-28, 2010 Pillar Caucus in which we recently had our meeting, and some very interesting trends emerged. And one of them I thought was so interesting is healthcare tourism and what a wonderful opportunity we have in position for this. I'm also involved as a historian for Collier County in some paradigm ways of looking at history. I'm not sure if you knew, but 1900, Collier County was -- their economy was around fishing, bird pluming, logging, charcoal making, and clamming. Around the 1950s, it began to be real estate, development, tourism, and agriculture. And here we are in 2010 on the very verge of a new economic model being developed. Peter Jordan, the guru of management says, every 50 years institutions, organizations, and societies rearrange and change themselves. Weare at that precipice. Weare actually at that moment where we can move to a new economic model. As a taxpaying citizen -- I have no kids and I have no grandchildren -- and I have paid school taxes for 31 years, and I'm very happy to do that because I believe that's my role and my part of society. As a taxpaying citizen, for this opportunity to really change our entire landscape, our economic model and what it will do for our future, I'm very happy to do that. And in terms of when it comes to voting, I concur with Ms. Rainy, our constitution allows us to elect officials, and they are listening to their constituents and their voice, that's what you're here to do. And I'm asking my commissioner to please consider this opportunity that we have, not just for now, but for our future. And I've averaged it out -- and I could be wrong, because believe me, I'm of the philosophy that economists are like, you know -- I wish we had a one-handed economist because they're always saying, on one hand it could be this, well, then on the other hand, it could be that, so -- but I do know this, our future is in your hand. Page 120 July 27-28, 2010 In 1959, Raleigh-Durham, North Carolina, was based upon tobacco industry. 2010 it is noted as a research model in the United States. One thing they did not have -- through my research with them and studying about them, they didn't have quality of place. That's their next 50-year plan. We have that, so we can learn from that. And with the partnerships that we have, it is an extraordinary opportunity. And if you were to write, opportunity is now here, and you run it all together, you could see it as opportunity is nowhere or opportunity is now here. Ladies and gentlemen of the jury, and you are a jury at this point, opportunity is now here, and I do hope we -- carpe diem. I hope we seize the moment for our future. Thank you. (Applause.) MR. MITCHELL: Sallie Williams? COMMISSIONER FIALA: You called Shirlee Barcic. MR. MITCHELL: Yep. COMMISSIONER FIALA: She's here. MR. MITCHELL: Okay. Shirlee Barcic. She'll be followed by Sallie Williams. MS. BARCIC: Thank you, Commissioners -- having this opportunity to speak with you. I'm more of a doer and not much of a speaker. But I had the opportunity to go to Bar Harbor for three days, sit with the townspeople, sit with the scientists, sit with Chuck and some of the others, and I'm here to say, if you're a doubting Thomas, go up there and take a look at it. Ifwe don't take this opportunity, it's a sad, sad day for us, and I'm sure there's plenty of others that would love to have it. But please, please, give a yes vote. CHAIRMAN COYLE: Thank you. MR. MITCHELL: And then the next speaker will be Denise Young. MS. WILLIAMS: Sallie Williams. I've lived here in Colliere Page 121 July 27-28, 2010 County and on Marco Island since 1977, been very active with the chamber, Leadership Collier, as well as working the NCH Healthcare System for over 30 years. We have talked for years and years about how to diversify our economy. Jackson Laboratory, USF, this is going to bring that transformative change that we all, from the business community and from the private sector, have been looking for, seeking, and I encourage the commissioners to move forward with this initiative and vote yes. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Barry Williams? Barry Connor? Craig Gaskins? Rhona Saunders? MJ. Scarpelli? And then that will be-- she'll be followed by Chuck Schumacher. MS. SCARPELLI: Good afternoon. I'm MJ. Scarpelli. I'm a resident of Collier County. I am also part of the planning committee for BioFlorida in the southwest chapter. I happen to be involved in that from the very beginning. And what I found in our launch event with over 200 people, there's a lot of interest in this type of an event. The only reason I got involved in BioFlorida was for one, it was hosted at my hotel in Lee County, but another thing is, I have a personal interest in all of this. I happen to have gone through a misdiagnosis of an illness here in Collier County which took two years to dispel the rumor that I had this illness. And the biosciences, biomedical center, and also the idea of research is so important. I wholly hope that you will support this and make it something that we can have in Collier County so something like what happened to me won't happen again. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Paul Skapura? Andrew Solis? Dolly Roberts. Ursula Pfahl? CHAIRMAN COYLE: What was the last name? COMMISSIONER FIALA: Ursula Pfahl. Page 122 July 27-28, 2010 MR. MITCHELL: She'll be followed by Joe Hohmann. MS. ROBERTS: For the record, I'm Dolly Roberts, hello, gentlemen and lady. I'm just here to read something into the record that I've been asked to read into the record on -- it is a -- on the letterhead of the Philharmonic Center for the Arts and dated this morning, directed to Commissioner Coy Ie. After much consideration of our needs in Collier County for growth and for jobs, in my best opinion the Collier County Commissioners can make a difference by encouraging the Jackson Laboratory Florida and biomedical village. I've met with all of the executives, and I am impressed. We have a stake in the economy of this community, and this is a clean industry that could make a major difference. I hope you will support the agenda, signed Myra Janco Daniels. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MR. MITCHELL: Joe Hohmann? Leslie Drake? Penny Taylor? Susi Winchell? Dan Stark? Dick Botthof? And he'll be followed by Caroline Kissel. MR. BOTTHOF: Good afternoon, Commissioners, and thank you very much. As most of you know, I've been involved with the Jackson effort for just about since its inception. I'm sorry. My name's Dick Botthof. I'm a lifelong native Floridian, have lived in Collier County for 27 years, and have watched us struggle for years in attempts to diversify our economy. I've watched the boom and the bust. And I cannot add anything to what's been said here today but just to implore you that this opportunity did not come easily. Probably a like opportunity will not come again. This is our community. Every major metropolitan area in Florida has benefited from incentives, state incentives, to bring in research, Page 123 July 27-28, 2010 and I would ask you to begin at Tampa and follow the 1-4 corridor to Orlando, follow it down to Port St. Lucie, then to Jupiter, then down to Miami. The only part search of research that's not filled in is Southwest Florida. We have a marvelous opportunity . We need to seize the day, because if we don't, we are going to be looking in the rearview mirror forever economically, because this -- we cannot sustain this wonderful quality of life we have on the current economic model. Just won't happen. I think these last two or three years have demonstrated that, and I thank each of you for your thoughtful consideration. I know that you've -- I know personally that several of you have been actively involved in the process and have visited the lab, spoke to the scientists, visited people within the Bar Harbor community, the State of Maine. This is a wonderful opportunity for us. It's a wonderful opportunity for Jackson. It's a wonderful opportunity for Southwest Florida and beyond, to say nothing of the healthcare benefits for the world. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Stark. MR. STARK: Dan Stark. MR. MITCHELL: Dan Stark, and he'll be followed by Caroline Kissel. MR. STARK: Good afternoon. I appreciate the opportunity to speak to you for a minute. I'm a resident of Collier County. I have two sons that are grown and moved away. I would hope that someday they could move back here. And with your consideration of the Jackson Lab, that helps me toward my dream. And you know, it's kind of selfish of me, after listening to everything that went on and everybody that's talked. It's -- my dream Page 124 July 27-28,2010 is to have my family here and my grandchildren to have the schools and education that would be available, because I do believe this will snowball and develop, but realizing that the biomedical and the research can benefit way more than just me and my family. I appreciate the opportunity to speak to you. Thank you again. I hope you consider this. MR. MITCHELL: Gary Hampton? Sandy Hamann? Russ Gowland? Vicki Tracy? John Suddeth? Sally Tiffany? Drew Meulenberg? Danielle Tolson? Kevin Thomas? And he'll be followed by Tracy Taylor. She left. MR. THOMAS: Good afternoon, Chairman, Commissioner. My name's Kevin Thomas. I'm the current founder and CEO of Alternative Laboratories here in Naples, Florida. I'm the former founder, former CEO of Vita rich Laboratories here in Naples, Florida -- they employ about 224 people -- former founder and CEO of biogenetics research here in Naples, former founder and re- -- former co- founder and director of research for Biotech Analytical Laboratories, which then co-partnered with the University of Hawaii, and because we didn't have a university extension program, we had to move the company and all the opportunities out to Hawaii, and then I was trapped, had to go with them for a couple of years, thus the reason for the long hair and lack of attire. Sorry. I first stood in opposition due to great ignorance and lack of knowledge and lack of an open mind, and after going to the EDC and spending time and listening to all of the positive abilities of not only what the park can contribute to the community but what Jackson Labs brings, I've done a complete 180. And I would like to buy 10 acres. I would like to move my facility out there. I would like to pay for that myself. I would like to be a part of all that program. If you've got good deals for the first guys that jump into the water, I'd be open to that. But what Jackson Laboratories can do for Page 125 July 27-28, 2010 me is help me with botanical research. In my career, I've invented over a thousand alternative nutritional healing products that are currently on the market and are globally traded. The university extension program can help me with young scientists, and I can help tutelage -- our company can help tutelage young scientists and chemists and biochemists and nutritional food researchers and we can create jobs from -- anywhere from the janitorial level all the way up to the CEO and executive level. I don't like to stay more than five years. I like to create jobs for the next group and move on because I like to invent and build. So I'm in and I want to participate in the park, and the university can bring a whole lot to us. And I know that there are other companies just like my company, and I know that there are three other companies here in Collier County that we're working with that would also like to expand their opportunities. I can start off with 40,000 acres. I'm going to need 70,000 acres by the third year. We've done this before, and it's easy. And everybody that's on the team and is in place are the qualified, the right type of people, the right program. So I went from, you know, oh, let's worry about my hundred dollars or two hundred dollars a year in tax to what it can really do to bring about a change. When the Arnold family first started the industrial park, everybody thought they were lunatics. Who's going to do that. I can't find a building in that park. I can't find a building downtown, and Railhead isn't diversified enough for me. The North Naples Park is too dense, and I don't have massive square footage, plus there is no critical alliance in my industry for any of the supportive tools to help me grow. This park is a perfect answer for myself and for other companies that reside here. So I applaud it. I'm ready to go. Where do I send the Page 126 July 27-28, 2010 check? (Applause.) CHAIRMAN COYLE: Thank you very much. Go back to the last row on this side and sit down, and I think there will be someone who would help you with that land decision. MR. STARK: But I'm working with Tammie and the EDC, and we're working with Collier, and we'll get it done. Thank you for your time. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Rebecca Acx? Mario Valle? Lou Vlasho? And he'll be followed by Anthony Perez (sic)? CHAIRMAN COYLE: Tony Pires. MR. MITCHELL: Tony Pires. CHAIRMAN COYLE: English is his second language, Tony. MR. MITCHELL: Spelling is outright in English. MR. PIRES: Mr. Coyle, Chairman, members of the county commission, thank you. I'm here today as an individual. I've lived here 35 years in Collier County. And my comments and concerns today is, with all of my comments on this issue, are that of a private individual, a 35-year long-term resident of this community. Along with everyone else, I applaud the efforts of the productivity, I appreciate, as a resident, all the effort they've put into this. I don't always agree with their recommendations, but I agree with the recommendations they have made in this particular instance. In my opinion, it's premature to approve and make any commitments to use the money of the residents and taxpayers of Collier County for this project. This board -- if this board should embark on a path to commit to fund the proposed project with the money of the residents and property owners of Collier County, it should be done only after more details, assurances, and guarantees have been provided and only after approval by the voters on election day. Page 127 July 27-28, 2010 One aspect that's been missed throughout the whole discussion that's been alluded to as the primary initial direct benefit, is to the developer. Unlike the gamble as referenced by the private other individual earlier, in considering whether to use the money of the residents and property owners of Collier County, in determining which parties would benefit from this project in Ave Maria, I would submit that while we hand over, you know -- and we have all these various projections, the primary substantial direct benefit to the primary developer of Ave Maria needs to be recognized. There's currently $52 million in bonds issued in 2006 by the Ave Maria stewardship community district. The debt service on these ponds is paid by assessments imposed by that district and benefited properties within the district. F or so long as the primary developer owns the land upon which the assessments have been levied and imposed if the primary developer is responsible for paying the assessments. By way of example. The proposed fiscal year 2010/2011 budget for the district calls for developer contributions of 2.2 million to pay debt service on the bond and the bond anticipation bond. Any acceleration in sales or conveyances of property in Ave Maria resulting from a project funded by using the money of the residents and property owners of Collier County will thus directly benefit the developer, as it would lessen its debt payment burden as others will be paying that. There's future zoning issues that cause great concern. It appears significant changes need to be made to the Ave Maria DRI development order to accommodate the 700 acre research and education facility and the 3 million square feet for research and development uses and 750,000 square feet for a teaching hospital and educational campus as outlined in the WEG report. CHAIRMAN COYLE: Okay. Your time is up, Tony. MR. PIRES: I thought that -- briefly, this should go to the voters. Page 128 July 27-28,2010 CHAIRMAN COYLE: Thank you. MR. PIRES: I think its disingenuous to extol the virtues of the voters electing you-all to office and then not trust the wisdom of the voters on the ballot box on this issue. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Judith Hill? CHAIRMAN COYLE: What was the name again? MR. MITCHELL: Judith Hill. CHAIRMAN COYLE: Hill, okay. MR. MITCHELL: Jim Smith. And he'll be followed by Gary Ferrante. CHAIRMAN COYLE: Ms. Hill is going to be first, Mr. Smith. MS. HILL: I'm Judy Hill. I own property in Lely. I've been here with my purchase of my property about 15 years, although I've been coming here about 35. My parents were on Marco Island. I have just a couple of ideas I'd like to have you consider. First of all, I would like to say I was impressed by the information from the Productivity Committee. I've been to their meetings, and I think they've done a wonderful job of presenting some options to us. I'm concerned about setting a precedent with giving this much money to Jackson Laboratories. And I don't know how you will consider that in the future for other companies who would like to come, perhaps like the gentleman said he had his own money, but maybe others wouldn't. My thoughts are kind of disjointed, but I'd like you to consider them. I believe we ought to have some profit-making companies come along, not all of them being not-for-profit. So I would like to see something come in, into this cluster that would put money in our system here. I would like you to also consider, if this goes ahead, to choose a method for funding that would not increase the cost to the taxpayers, such as the bonding methods. I did ask the tax collector's office if Page 129 July 27-28, 2010 there's a fee for collecting those figures when it goes to bonding, and I was told it would add an additional 2 percent to the bill. So that hasn't been discussed, and I'd like to have that out in the open. I'm sorry to see that we have cut times of county offices and some services, including police and other services like that, fire. I'm sorry to see that the libraries are closed half of the week, and I'm concerned that we're cutting areas such as those, and yet we want to fund Jackson Labs. I would also like to see that if Jackson Labs goes through -- and I am in favor of having them here -- I would like to see if we can't demand, and I mean demand since they have demands in their business plan -- I would like to see that we hire Collier County residents for all the work. I realize that that might not include the scientists and the researchers, but for the other jobs, including the construction jobs, I would like to see that those people living in Collier County and paying these bills be considered for those jobs ahead of anyone living outside of the county. Thank you so very much. (Applause.) CHAIRMAN COYLE: Thank you. MR. MITCHELL: So Jim Smith, and he'll be followed by Gary Ferrante. MR. SMITH: My name is Jim Smith, on the voter rolls as Alfred J. I'm a co-founder of the Ayn Rand Society for Individual Rights of Naples, and they approve of my appearance today. I'm sure other speakers will continue to speak about the validity of the assumptions underlying this project, of the intense international rivalry that's going to be facing this venture and with no competitive advantage, and that government only redistributes jobs, it doesn't create them. What I find most noteworthy about all the public pledges of collaboration is that they're coming from state-supported government Page 130 July 27-28, 2010 tax-supported institutions, and that for them to follow through on their pledges, they're going to need to have further taxes allocated to them. There's not going to be -- they're not going to be diverting funds that they already have, but they're already on record as saying that it's contingent on being allocated more tax dollars. I also find it noteworthy that only one private investor has stepped forward on this project. Only one, and that happened today, has offered to put his own skin in the game. But I am compelled to speak today, you know, because of the accolades that have been given to Jackson on the basis of its nonprofit status. I want to review, if I may, what it means to make a profit and, therefore, it will be crystal clear as to why someone who's acclaiming themselves as being nonprofit might be more properly judged as a stigma than as a halo. The only way we get profits is when someone figures out how to convert that which exists into something else that's worth more than the constituents and the labor expended. It means that the output is worth more than the inputs, that one produces more than one consumes. Now, there's nothing wrong with consuming more than you produce, depending on the fact that its yours -- it's your production that you're consuming or that it was given to you voluntarily. And that does not seem to be the situation that we are facing with here. This does not mean that we ought to ignore advancement in the field of high tech. But today public officials have the might to redistribute our wealth or our current and future earnings. But having the might does not mean you have the right. Properly, the power of -- the police power of the state should be used to protect the rights of all at the expense of none. And so I urge you to vote against any possible commitment of tax dollars to this project. Thank you. Page 131 July 27-28, 2010 (Applause.) MR. MITCHELL: Jim Flanagan. BJ. Brundage. MR. FERRANTE: Hi, my name is -- MR. MITCHELL: Oh, sorry. MR. FERRANTE: My name is Gary Ferrante, and today I stand before you as a member of the Rotary Club of Immokalee to speak in support of Jackson Labs. Sitting back and listening to the previous speakers, I just wanted to take -- present my personal feelings that -- why I think this project will work. Since Jackson Labs is a 501(C)(3) corporation, any discoveries or advancement will be shared in the public domain, and that's why USF and other medical schools will be coming together to share in that knowledge base. There's a lot of schools in Florida, USF, FSU and the University of Florida. They all have medical schools that excel in the areas of genetics and biomedical research. If Jackson Laboratory is allowed to come to Collier County, there would be immediate positive influence on Ave Maria, Immokalee, and Collier County; however, the long-term influence would be much larger and more far reaching, possibly worldwide. Who knows what kind of medical advances may happen if this project is allowed to move forward? A cure for cancer, an end to Alzheimer's, possibly. But if this project is prevented from moving forward, the medical schools won't come to Collier County either. A lot of people play the lottery every week despite the odds of winning the jackpot. My personal belief is that we should bet on Jackson Laboratory, and there's a much chancer -- much higher chance of winning. As I said when I first came up to the podium, I'm a Rotarian. For those of you who are not familiar with Rotary, there's a four-way test that we Rotarians use to apply to the things we think, say or do. First, Page 132 July 27-28, 2010 is it the truth? Second, is it fair to all concerned? Third, will it build goodwill and better friendships? Fourth, will it be beneficial to all concerned? I believe that in regards to the Jackson Labs question, the answer to all these is yes, and I encourage the commissioners to vote in favor of Jackson Labs. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Oister will be followed by Gary Beardsley. MR. FLANAGAN: Hi. My name's Jim Flanagan. I live at 280 22nd Ave. Northwest in Golden Gate Estates. Hello, Commissioners, and thank you for the opportunity to speak today. I've written to you and have shared concerns and asked for some information regarding this project. You've probably seen some of my emails. I can't say that I have had any response, but that's okay too. Those that stand to profit the most, the landowners and the venture driving -- the venture people driving this project need to share in the cost and the risk. The taxpayer cannot be the bearer of the financial burden and the risk alone. By sharing the cost and the risk, other economic diversity and development opportunities and pursuits can happen. As well, the county needs to change its attitude for taxing and spending and how it does business. You need to be most selective of requests on taxpayer financing and funding and on taxes, and you need to recognize the impacts of tax demands on family budgets, as tight as many family budgets are today. A systematic change in the approach of doing business is necessary to reduce cost, red tape, fees, and the cost of doing business in Collier County to encourage and establish an inviting business- friendly environment. With the efforts and expenses put forth to bring Jackson Labs into focus in the cluster here to Collier County, the same efforts Page 133 July 27-28, 2010 should be put forth to promote existing businesses with a comparable effort and support. Some of the past failures of diversifying the economy are the lack of measurable job creation effort in the county's Growth Management Plan. I suggest that measurable job creation be incorporated into the Growth Management Plans. I support economic diversification effort, and economic diversity is critically needed in Collier County. I support the mission of Jackson Labs as an institution in collaboration with the educational institutions and private businesses. I suggest that taxpayers may be more open to a shared cost and risk and more supportive of this effort if such was the case. I want to thank the Productivity Committee, the EDC, and Tammie Nemecek, because I know her heart is in this. And I think some or all of these suggestions should be incorporated into this proposal going forward. And your decisions and motion should affect the future of Collier County. So thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Beardsley will be followed by Joyce Fletcher. MS. BRUNDAGE: Brundage? MR. BEARDSLEY: Good afternoon, Chairman and Commissioners. I'm a resident of Collier County, Gary Lee Beardsley. I've got five children, eight grandchildren. And the past chief of the Cherokee nation, of which my wife is half Cherokee, said, you always would want to look out the effects of your decisions five generations out. So I have a lot of kids, and I'm looking at the effect of this. There's nothing that I can say negative to the possibilities of Jackson Laboratory. Awesome, awesome, awesome. But my concern is this: Taxation without representation. Now, what the heck's that Page 134 July 27-28,2010 mean? You folks represent the taxpayers, the citizens of Collier County. But I would like to see the breakdown of the number of property owners, since that's one possibility is to tax -- increase the ad valorem tax -- of absentee property owners that have no vote in this, have no way to influence you. And I would like to see, of all the property owners in Collier County, how many are registered voters. I think the numbers would be quite surprising. And so I say, if you move forward without the people that are being affected by this and express their opinion -- Commissioner Fiala said that she likes to hear what the citizens have to say . Well, what better way than some kind of a referendum? I think that you are afraid of a referendum, because I've heard commissioners say publicly that if they put it to referendum, it would be voted down. I think that's kind of scary. Thank you. (Applause.) MR. SHEFFIELD: Just state your name. MS. BRUNDAGE: My name is BJ. Brundage, and I work here in Collier County, and I work in the architecture, engineering, and construction industry. And I would just like to say, I was in Bar Harbor last weekend and was witness all day on Saturday, listening to some of the most awesome research of cancer that I have ever known that was going on, and I cannot imagine giving up the opportunity to bring to Southwest Florida a nonprofit organization of this type to continue that sort of research for illnesses that we have no cures for. And on behalf of our industry that so desperately -- we have laid off people here in our Naples office, and the construction world is hurting so desperately, we need blue-collar workers back out, we need executives back working -- don't pass this by to be able to put this sort of project on the table and get a lot of us back to doing what we need to do, is building and putting money back into the industry here as employees. Thank you. CHAIRMAN COYLE: Thank you. Page 135 July 27-28, 2010 MR. MITCHELL: Your next speaker is Joyce Fletcher, and she'll be followed by Janet Vasey. MS. FLETCHER: My name is Joyce Fletcher. I have owned property in Collier County for 20 years, lived here full time for 13 years. In that time I've seen lots of changes in this county, and I think we're due for some additional changes at this stage. I would like very much to thank you, the commissioners, and especially Fred Coyle for his leadership, as well as the EDC, in locating an opportunity for economic diversity for Collier County. I also want to acknowledge the many hours that the Productivity Committee has spent looking at this proposal. I have watched them in a number of meetings, and they have worked diligently trying to get more information and do analysis to help us better understand this project. There are also a number of other individuals who, just on their own, have investigated various aspects and have provided some additional answers for us. Please, please do continue to pursue this opportunity. We do need a lot more information. We need to know who the committed partners will be in this village. We need to know that we're -- that the federal dollars are going to come to Florida so that that will free up the money for them giving us the money they approved. It's difficult to say right now that this project is economically feasible, although I'm inclined to think that it can be. I typically think that you, as our elected officials, have the right to make decisions on our behalf. Because of the furor that this project has stirred up in the community, I have very mixed feelings about whether or not this should go to ref- -- referendum and tend to think, perhaps, it should. I think it's premature to do that at this point though because I think there is a lot of rumor and innuendo spread through the community with a number of individuals who, perhaps, can't -- have Page 136 July 27-28, 2010 not been able at this point to see the benefits that are there in front of us. I also want to say that in terms of funding, I prefer the pay-as-you-go option so that we don't have the debt service costs. I also think if it is workable around the legal issues that the sales tax is a good alternative. As a taxpaying citizen, I want you to know that I'm willing to help pay my share. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MR. MITCHELL: Mr. Chairman, Ms. Vasey has nine minutes. Two other people have ceded their time to her. MS. VASEY: I won't take that long. CHAIRMAN COYLE: Who are the people who've ceded their time? MR. MITCHELL: The people are Jim Gibson -- Jim Gibso (sic) and Jim Hoppensteadt. CHAIRMAN COYLE: Gibson, okay. You have three minutes. MS. VASEY: Three minutes? Good afternoon, Commissioners. Janet Vasey, for the record. I'm speaking as an individual, but I'm also speaking because I know something about this project, having lived with it day and night for the last seven weeks while we've been working on it on the Productivity Committee. And I have to say, this project still has a lot of risks, and it costs a lot of money. And while people are excited about what Jackson might accomplish -- and who couldn't -- who wouldn't be excited about all these medical advances and the reputation of Jackson? I would suggest that advancements will occur whether or not Jackson Labs -- Jackson Lab comes to Collier County. The biogenetic work is being done internationally, nationally, in the State of Florida and probably four other locations. Miami, Orlando, Palm Beach, and Page 137 July 27-28,2010 Port St. Lucie are all working on biogenetics. And so, I think the question for us is not, do we want to see these kinds of medical advancements -- because we do and they will come -- but the question for us should be, do we want Jackson Lab to come here, and is it economically viable and cost-effective for us? And I would suggest that this project could end up costing as much as $350 million. With bonding, the county would spend 216 million, and then you would add the state's 130 million, and we should because that is public money, too, and the cost then is about $350 million for a project with substantial risks. There's a risk whether Jackson would success in its research or whether they would be self-supporting after the county and state money is no longer available to help with operating costs. It's a risk whether the immense cluster complex at Ave Maria would actually occur and would produce the highly overstated economic impacts in the WEG report. Now, our report from the Productivity Committee goes into a lot of detail on the problems we had with this report, but I would say that the whole analysis is based on the EDC assumption that just because there were 700 acres of available land at Ave Maria, all this land would be filled with buildings. That's nearly 400 -- I'm sorry -- four million square feet. And that companies will come wanting to collocate with Jackson. The WEG model then uses this building square footage to estimate people and then economic impacts; however, when you conclude -- when you exclude the medical and education campus, which is 750,000 square feet, you look -- you're looking at 2.8 million square feet of space in the research and development area. And this map up here shows you half of -- a little less than half of 700 acres. So what's up there now would be doubled. Now, in that 2.8 million square feet, I couldn't -- I couldn't figure out what that was, so I did a little research. This building here that Page 138 July 27-28, 2010 we're in, eight stories, is 87,000 square feet. 2.8 million square feet is 33 of these buildings, of a building this size. Out there I think their limit is four stories, so it would be 66 buildings. We could not get any answer from WEG as to what would go in these buildings. This is where your economic impact is. These are the businesses that will be paying money into the economy and have most of the people, too. So anyway, there's also a significant risk that even more county money would be needed to attract the next biomedical employer here. Palm Beach paid 94 million, and Port St. Lucy had to pay 60 million for their second biotechnology companies. And there are other significant financial issues. Steve mentioned the return on investment is extremely low considering the level of risk involved. And even using the WEG estimates at build-out in 2032, the county would have collected only 74 million in taxes and fees as a return on our $130 million or $216 million investment if we bond. The county would not be able to afford future economic incentives. Even if a really good deal came along, we would have so much money tied up in this one project that, you know, people couldn't afford any more. It's putting all of our eggs in one basket, as Jim Gibson likes to say. We would need tax increases in future years for county services. Right now I know the budget as well as anybody, and we're -- we've cut out the capital projects, we're very bare bones. At some point we're going to have to put the roads and the stormwater and pay raises back in the budget, and all of that will eventually cost us tax increases. So when we look at this, we need to see down the road what's going to happen. And lastly -- and this one, I think, upsets me the most. There's no outside financial support for this -- for the county's local match. Nothing from Lee County, even though they would have major spillover effects in new jobs and businesses, and by comparison, only Page 139 July 27-28,2010 50 percent of Orlando's local match was funded by taxpayers; 0 percent of Miami's local match was paid through county taxes. All of it was donated by their medical school at the University of Miami. And then Barron Collier Companies, which will make a fortune if taxpayers spend 130 million, or 216 million, out on their property. And it is contributing $10 million to Jackson's private fundraising but not one dime towards the county match. And I say that with the exception of the land that they're going to donate. Now, they're donating 50 acres. And if you consider that an acre is worth a hundred thousand dollars in an industrial acre, that's a $5 million contribution, and then they're asking the taxpayer to pay everything else. I find that totally unacceptable. Now, the Jackson subsidy creates expectations that everybody can get money from Collier County to come here and then demand subsidies to stay here, if Arthrex is serious. We don't have the taxpayers -- the tax base to spend that kind of money on economic development. There must be a more cost-effective way to diversify and stimulate our local economy that would have a higher probability of success at a fraction of the cost. Having said all that, I would just like to say that if you do decide to go forward, I hope that you would consider a voter -- voter approval for this. We have -- we've used property tax increases to fund all major new initiatives. Conservation Collier, the zoo land purchase, potential -- well, so why do this one any differently? We've always gone to voters when proposing big new expenditures, and $130 million is significantly larger than the other initiatives brought to the voters for approval. The county's approved $3 million for economic development in the last five years and spent $1.2 million. Some would say that's why we're in the problem we're in today, and that's probably true. But the 130 million project is a significant departure from the current situationa Page 140 July 27-28, 2010 where almost all property taxes are used to pay for county services to residents. A vote on this would resolve the legitimacy of the issue once and for all. And everyone has an opinion on this, so it would not be lost on the ballot. I hope if you decide to proceed you will let the voters have a voice. We've always had one in the past. Thank you very much. (Applause.) CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mary Storto? MS. STORTO: I'm Mary Storto, and my ideas have been expressed. I will donate my time to Noreen Murray. MR. MITCHELL: Doug Fee? CHAIRMAN COYLE: Noreen Murray has already spoken. Do you want her to speak for you? MS. STOR TO: I want her to have my additional three minutes, yes. MS. MURRAY: Do you have a problem with that? CHAIRMAN COYLE: I have a problem with giving you an additional three minutes. But if you want to speak instead of her, that's fine. This is a difference between the procedure, but go ahead. MS. MURRAY: Thank you. CHAIRMAN COYLE: Okay. MS. MURRAY: I'm still Noreen Murray, and I still live in Collier County. CHAIRMAN COYLE: And you're speaking for her? MS. MURRAY: Yes. CHAIRMAN COYLE: Okay, good. Thank you. MS. MURRAY: We were discussing during the break some of the information that's already been presented, and I do commend you, Commissioner Coyle, because you have said, the whole purpose is to make sure all of the information is in the public realm. Page 141 July 27-28, 2010 And one of the things that I think is very interesting appears on the back of many of the blue T-shirts in the room, and that is, a dollar from Collier, a dollar from Florida, and $3 from Jax. The J ax money that's been proposed or that is talked about -- and that has ranged from a high of 500 million, and the latest information from Chuck Hewitt is 292 million. And where that's coming from I quote from Mr. Hewitt. During the first decade our projections call for Jackson Lab to raise a total of $292 million. That money, if they get it, if they are able to raise it, will come primarily from the National Institutes of Health. That's taxpayer money. That's not -- I think it's misleading to characterize that as J ax money. If Jax really wants to puts some money on the table, their financial statements show that they take in approximately $35 million a year in excess revenue from the mice operation than is used as expenses in the mice operation. Now, that money, indeed, that's not profit, so to speak, because it goes back into J ax research in Maine. Why can't a mere 10 or $15 million of that come to the research that they wish to do in Collier County? That would be Jackson Labs committing a financial investment in this project. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Doug Fee will be followed by Donna Reed Caron. MR. FEE: Good afternoon, Commissioners. For the record, my name is Doug Fee. I also serve at the pleasure of the board of sitting on the Productivity Committee, and I really appreciated all the time spent by the members. We gathered a lot of information; probably have a stack of about a foot. You have a tough job in front of you to decide the future of Collier County. I support the recommendations of the board, of the committee. I'm not (sic) giving my opinion not as a member of that but individually. Page 142 July 27-28, 2010 The one thing that I think we -- we need to separate out the issue of the companies that are before us, the research village, which possibly could be a huge benefit to Collier County for the future. I think what we need to do is we have to look at that issue of, should there be taxpayer money subsidizing private companies? And today, with the controversy that you have in front of you, I believe we can get an answer to that by allowing the voters of Collier County to vote on a ballot, some kind of a referendum that states, do you as a taxpayer support public dollars for the diversification of our local economy to private enterprise or public enterprise. You have until August 24th to put something forward as a board that can be put on the ballot, and then if the people are allowed to vote on it, we would be able to support wherever that is. I think absent that referendum question, there's a lot of things in front of us that would be questionable, okay. I applaud Jackson Labs; I applaud Barron Collier. They're forward thinking. And whatever does happen, I hope that 25 years from now we are standing here with a lot of positive in our community. But today, I think you have a question that has to be answered, to me, before you move forward on that vision, and that is, do we take taxpayer dollars to fund this? Thank you very much. (Applause.) CHAIRMAN COYLE: How many more speakers do we have? MR. MITCHELL: Four. You're okay? Okay? We're going to have to swap out court recorders (sic), but they indicate to me that they can probably last for another four speakers. The question is whether I can. MS. CARON: That is the question then. CHAIRMAN COYLE: Go ahead. MS. CARON: Good afternoon, Commissioners. My name is Donna Reed Caron. I live at 790 Wiggins Bay Drive in North Naples. Page 143 July 27-28,2010 At the risk of dredging up old issues, I have to say that not since we lost the marina to an orchestrated situation like this and now live with a failed high-rise and bankruptcy -- I mean, I haven't seen a spectacle such as this since. Anyway, Commissioners, the Jackson Labs project and the greater technology park is a project that I absolutely wanted to support, because I think this is the type of project that the county needs going forward; however, your Productivity Committee has clearly pointed it out, risks and certain pitfalls, risks I think that are too great a burden for you to place on citizens without a vote in November. Because this is an evolving situation, both commissioners and citizens need to take the time between now and then to incorporate any new information and to evaluate a more finalized proposal. People have talked about putting all our eggs in one basket, and we've talked about issues and problems, but we haven't even really begun to look seriously at the county planning implications. What added infrastructure requirements are going to be required and needed? And then as a result of that, what's going to happen to other projects in the rest of the county that we may have to forego in order to make this happen? I just think there are a lot of questions, and we should use the time wisely between now and a vote by the public in November. We've voted before both for things and against things, and I think we can make a judgment at that point. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MR. MITCHELL: The next speaker is Ronald Oister, and he'll be followed by Carlos Figueroa. MR.OISTER: Good afternoon, Commissioners. I'm Ronald Oister. I live in Naples. I have 40-plus years in sales and marketing management. I am the founder of Yellow Pages dot com, the website Page 144 July 27-28,2010 and the company, now owned by AT&T. I have another website which has an international community and two other communities. Since Naples newspaper will not print my commentary, I can pare this down to four minutes if you'll please allow me some extra time, sir. CHAIRMAN COYLE: Three minutes, sir. MR.OISTER: Okay. When a medical services company wishes to supply material or information to the pharmaceutical industry, it is critical to note the location of the firms in that industry. The central force of the pharmaceutical giants lies between Wilmington, Delaware, through Philadelphia, Pennsylvania, to northern New Jersey. And if the research company has another location within the U.S., it is critical to have competent and complementary forces nearby to expand any research or medical . . mISSIon. The leading research laboratory for heart DNA is the laboratory for molecular medicine at Harvard University, and then Johns Hopkins at Johns Hopkins University. These widely recognized research labs and others are associated with the Association of American Universities, a highly respected invitation-only group of 63 universities that have been granted over, well, let's say, multibillion dollars' worth of funding on a continuing basis. USF, unfortunately, is far outside this group. The combination of a university zeal for graduate learning, the investigation by one or more research labs and respected hospital allows greater fundamental and highly complex medical research investigations and is a highly respected historical experience. Naples does not have the teaching hospitals. It is isolated from the Cleveland Clinic and research system, the St. Petersburg Children's Hospital in Tampa, the University of Florida and the Shands Hospital heaIthcare system. Previously I supplied the pharmaceutical industry with sanitary Page 145 July 27-28, 2010 stainless steel engineer processed systems and currently continue an investigation of medical research after the death of our eight-year-old grandson from heart disease. My wife just completed a year as chair of the American Heart Association, Go Red for Women's luncheon. They raised $150,000 for women's heart and health research. My attempt to inform is not as a blind outsider. Naples does not have the optimum combination of education/medical/institutional interest, and without having established medical facilities and an educational institution that has the capability to fund research independently or in combination with each other, the Naples area is at a severe disadvantage to repeat the success of other well-respected facilities across the United States. The hope that Jackson Labs will be the anchor for an enlarged, diverse new industry is false. As seen in past history, other privately funded facilities are needed initially. This foray with Jackson Labs is a waste of time and future public money. Naples, it will not succeed. CHAIRMAN COYLE: Thank you very much. MR. OISTER: Thank you. (Applause.) MR. MITCHELL: Following Mr. Figueroa will be Judee Hill. CHAIRMAN COYLE: Is that the last speaker? MR. MITCHELL: And then the last speaker is Ed Morton. CHAIRMAN COYLE: Okay. Is Judee Hill here? MS. HILLL: I've already spoken. Thank you. CHAIRMAN COYLE: Ah, okay. Thank you very much. MR. MITCHELL: So Ed Morton will be the last, sir. CHAIRMAN COYLE: Go ahead, sir. MR. FIGUEROA: Chairman Coyle, fellow members. My name is Carlos Figueroa. I'm on the board of regents of Ave Maria University, but I appear to you as a private citizen. Page 146 July 27-28, 2010 I live -- I'm a resident of Ave Maria. I want to express my support of the proposed Jackson Laboratory biomedical park. While I do not generally agree with adding new taxes to taxpayers in this low-recovering economy, I do believe we all have to do our part in promoting private sector initiatives that will create jobs in our community, and if that means paying my share, it's worth every penny. The public debate tends to migrate to the size of the investment with public funds and the taxpayers' contribution, and little debate is focused on the intrinsic value of this proposition to all residents of Collier County. We have an economy largely based on agriculture, tourism, and seasonal expenditures, and this proposal brings to us -- into technology, health research, and education. How can we neglect our responsibility to future generations by turning our backs to prestigious organizations such as Jackson Laboratory, University of South Florida, and Edison State College who have expressed an interest in joining forces for health research? This is a new frontier that will put us on the same page with Palm Beach and Orlando who have also committed to similar venues. Not bad company as far as economic development sites. I can't think of better a legacy for future generations, a research center that will provide quality jobs, foster education, and maybe find a cure for the many ailments of our baby boomer generation. Again I say, it's worth every penny. Thank you. CHAIRMAN COYLE: Thank you, sir. MR. MORTON: Point of order, Mr. Chair, Sally Tiffany ceded three minutes to me if I'm permitted. If not, I'll try and get through this in three minutes or less. MR. MITCHELL: Okay. She didn't speak. CHAIRMAN COYLE: Okay. Thank you. MR. MORTON: All right, thank you. Page 147 July 27-28, 2010 Good afternoon. For the record, my name is Edward Morton. I'm the retired CEO of the NCH healthcare system where I spent 35 years serving the citizens of Collier County. I'm a trustee of Florida Gulf Coast University. I was raised in Islamorada, Florida Keys. I've been in Naples all my life, my dad selling fish and working. So I'd like to think I have some bone fides. I'm past chairman of the Chamber of Commerce, past chairman of Leadership Collier, and I believe that this has the potential to be transformational to our community . I'd like to start offwith Dickens. These are the best of times. These are the worst of times. This may be the very worst time to ask for additional funding, and it may be, in fact, the very best time for us to consider as a community changing the way that we've done business in the past, because, if we continue to do the things we have done in the past, we will get the same result. We will get great tourism, and we will have an overdependence on development, and we will not change the status quo for our children or our grandchildren. There were basically three themes that I heard run through those who have some very principled and, I think, some very thoughtful objections or concerns. One, I heard the healthcare model today is failing and it needs to be subsidized in a variety of different ways in a variety of communities. The healthcare model today is failing. It needs to change. Recent editorial in New England Journal of Medicine clearly pointed out that if we don't change the way that we're doing business, we don't standardize and we don't use technology, this nation will go broke. We cannot afford 17 percent of our GDP dedicated to health care. The Jackson Lab and personalized medicine presents us with an opportunity collectively as a nation and as a community with a manner and a method by which we can more effectively and more efficiently use those scarce resources. So, yes, the health model has Page 148 July 27-28, 2010 failed, it is failing, but this offers us a wonderful opportunity to change that. Number two, I heard that government has no role in funding these kinds of projects. If that were the case, Queen Isabella would have never given the jewels to Columbus, and the world would still be flat. Government has a role in our lives. I'm a veteran. I went to school based on the VA's benefits at the University of Miami. When I had come back to Naples, I couldn't afford to go to college, I couldn't afford to go to the University of Miami, get a graduate degree. I had to depended upon my veteran's benefits. Government helps everybody in this room in many different ways. There are things that we undertake as a society and as a community that cannot be undertaken by private enterprise, nor can they be undertaken by individuals. They must be done collectively by society. Universities are like that. Libraries are like that. I've heard the term charity, corporate charity. I've heard the term hope. Hope is not a strategy. I'll use the word faith a little later on because faith is really what this type of an initiative takes. Thirdly, and probably most passionately, and the clarity of the message is very clear, we live in a democracy and people have the right to vote. They do. I heard the productivity describe one and, in fact, one speaker, two feet of data and yet we cannot reach a clear conclusion. Okay. I would submit, to try and just put that to 75 words and put that on a ballot would result in a great deal of confusion. This nation had this debate 230-odd years ago, and maybe in the next ensuing four weeks people can read a little bit about the Federalist Papers and the foundational documents of this country. We do not live in a democracy. We live in a republic. We live Page 149 July 27-28,2010 in a legislative republic. Thomas Jefferson referred to a term called legislative refinement in which we elect people to make complicated decisions and then hold them accountable for the decisions that they make. Weare not a democracy. There are certain things that are binary in nature that lend themselves to, I think, a simple vote. There are others that rise to the level of such complexity that they require principled judgment, education, open-mindedness, and an ability to collectively gather sufficient facts to make a principled decision on behalf of the entire community. This is such an opportunity. Quantitative financial analysis is not amenable to the Jackson Lab nor is it amenable to basic research. This nation undertakes every year the expenditure of hundreds of billions of dollars in basic research. The proportion of that that comes from the taxpayer is very, very significant. Lastly, there's some who question the NIH. This week in the editorial and perspective section of the New England Journal of Medicine, there's a statement by Dr. Collins that when this nation built the interstate highway system, it invested billions of taxpayers' dollars. It didn't tell the people where to drive or how to drive, but it exploded commerce and technology throughout this nation. Dr. Collins' quote, we are embarked today in the construction of an international and national interstate highway system of personalized medicine which we will fund to whatever level necessary to achieve the final result. CHAIRMAN COYLE: Thank you. I'm sorry. MR. MORTON: I'm out of time. Thank you very much for your indulgence. And we look forward to talking to you. (Applause.) CHAIRMAN COYLE: I'm sorry, go ahead. That was the last speaker? MR. MITCHELL: Sir, that was your last speaker. Page 150 July 27-28, 2010 COMMISSIONER FIALA: I just wanted to say -- (Applause. ) CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Just one fast little thing. Ed -- as Ed Morton talked -- and your speech was inspiring, by the way. It reminds me of something somebody told me once. A turtle cannot move forward without sticking its neck out, and we have to think about that. CHAIRMAN COYLE: Yeah, yeah. We're going to take a ten-minute break, let our court stenographers switch places here, and then we will begin debating or discussing what we just heard. Okay. That's the really fun part. (A brief recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, please take your seats. Commissioner Henning, you had your light on? COMMISSIONER HENNING: Yes. I -- the correspondence that I have received from citizens, nobody is really against Jackson Labs. The thing is, is do you use local public funds to fund a private enterprise or a not- for-profit, which we haven't done in the past. The -- all the presenters early on, I have gotten that information from the Naples Daily News. I know that the partnership is there that presented earlier. I still think, in my opinion, it's too much of a risk for me to vote to tax the people without their approval, okay? CHAIRMAN COYLE: Okay. All right. Good. COMMISSIONER HENNING: And this is the last day that we have, today, to place this issue on the ballot to tax the public for the November ballot unless we have a special meeting between now and August 24th. So if we're not going to have a meeting by August, a special meeting by August 24th, we should make that decision today. Page 151 July 27-28, 2010 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: All right? CHAIRMAN COYLE: All right. You got it? Let me take a few minutes to describe the process as I see it. This was advertised as a report by the Productivity Committee on financing options and a validation of the economic forecast. And they did a very good job of that. I was struck from the comments of many in the audience today that they thought that a decision had been made or was going to be made today, and nothing is further from the truth. It's impossible to make a decision today whether we're going to tax the people or if we're going to tax the people, because there's a lot of work left to be done. This is an evolving process. After the Productivity Committee did their analysis, there was a very major, substantial announcement that could change one's perception of the economic viability of this process. There are likely to be others over the coming weeks or months, because that's how a credible plan is created and a justifiable economic impact is determined. University of South Florida did not develop their business plan before they negotiated a partnership agreement with Jackson Labs, consequently, we don't have a business plan for all of the partners who are going to be participating in this process because we don't know who all the partners are going to be. And as I have said to the public before, this is the agreement that was done for the Burnham Institute in Orlando. There's a lot of stuff here. We're about on Page 3, okay? There are a lot of things to be determined, who owns the building, who owns the equipment, reverter clauses, all those kinds of things, and we are talking about those. But the point is that the state funding hasn't even been solidified, so how can we make a decision about spending money if the state funds are not available? That would be sort of foolish, wouldn't it? Page 152 July 27-28, 2010 So as I see what we need to do today, we need to do a couple of things with respect to the process. We need to maintain the momentum that has resulted in the partnership formation thus far, and we cannot do that if we say no, we're not going to make the decision. We don't think this is worth pursuing. We've got to pursue it from today forward until we get something that works. The one missing component of any economic analysis is one that the Productivity Committee, I do not think, has done, and that is, what is the risk and the cost of not doing anything? Those who took the trip up to Orlando to see that business cluster heard the story about a question posed to the president of the University of Florida about when do you plant an oak tree? And his answer was, 20 years ago. So are we going to be sitting here 20 years from now having the same economic problems that we have today because we didn't make a decision to try to improve things? What is the cost of the failure to make that decision? Can anybody here guarantee us that things won't be worse than they are now if we don't take a chance on doing something? So I would ask my fellow commissioners to join me in expressing their great interest and support for this business venture and to continue to work with future partners so that we can clearly define who is likely to come here and what will be the economic benefit of doing that. And the only way we can determine and justify to the taxpayers what the economic benefit is is for us to identify those organizations and their projected economic contribution to Collier County. And now I -- there is another component, and that is, what funding option do you use? Well, first, let's take the issue of putting it on the ballot. What are you going to ask the voters to make a decision on? UNIDENTIFIED SPEAKER: Spend their money. Page 153 July 27-28, 2010 CHAIRMAN COYLE: Yeah, right. If I ask you, would you like to make an investment of $1 00, wouldn't you like to know what the rate of return interest is you're going to earn on it? Right? I would. If somebody told me it's going to be one-and-one-halfpercent, I'd say no, I'm not interested. If somebody told me it was going to be 18 percent, I think I'd be more interested. We can't tell you what that is right now. And I think we're obligated to tell you what the potential return for this community is, and it's going to be measured in terms of, hopefully, better healthcare for our citizens and in terms of economic contribution to our community . But we have a long way to go. We have never said we have all of the answers. We have always advertised these meetings as meetings that will serve to inform the public. We have a lot more information to get to you, and there are going to be other announcements of other partners that will make this business opportunity look even better. And along with it will come the detailed plan of how all that works together, because that is the right way to do it. Now, the issue with what funding source we use is a lot more complex issue, but I am struck by the interest in placing this cost on the backs of property owners, because so many other people benefit from this than just property owners. And I hope what we will do today, later, is to make a decision to keep the millage rate where it was last year so that property owners will get a substantial property decrease next year of about maybe 12 percent for commercial, nonhomesteaded properties. Those of you who are homesteaded property owners are going to have a tax increase of almost 3 percent because of state law, even though your property values have gone down 12 percent. There's nothing we can do with that. Anything we do to increase the millage rate merely means that Page 154 July 27-28, 2010 our homesteaded property owners get hit with, perhaps, a 13 percent tax increase. That, to me, is unconscionable. We should not do that. But we do have the capability, through interfund transfers and borrowing, through, perhaps, a utility franchise fee that will mean maybe $3 a month to the average person, but it gets a lot of other people involved. It gets the tourists involved, because they pay the cost of utilities. The -- a lot of other nonprofit organizations that will benefit from this process will have to pay utilities fees and taxes, so it will spread the cost so it doesn't hurt anybody badly. But that's something that we can do later on because we're not in the position to make that decision now. So that's what I would suggest to my fellow commissioners is that -- is that what we do is indicate our strong support for this concept, to work actively to encourage the creation of additional partnerships, and to let it be clear that we are prepared to meet our obligations of$160 million if we get state funding, and that's a decision that will have to be made whenever that funding is solidified. So now we have -- who was first? COMMISSIONER HENNING: I was. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: The task to the Productivity Committee for Jackson Lab was, look at the funding source and give it -- the recommendations back to the Board of Commissioners. They have done that. And, you know, to suggest any kind of a utility franchise fee to where it hits not all of the community, I don't -- I don't believe it's fair. The two options of funding that was recommended by the Productivity Committee was either a local option sales tax or a GO bond. And I don't know if there's any support on the board to put this on the ballot or have a special meeting prior to August 24th, because that is the -- that is the deadline. Page 155 July 27-28,2010 So I'm going to make a motion that the board have a special meeting to consider two resolutions, one being a local option sales tax, the other one to have a GO bond, and have it on the November ballot. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Henning to have a special meeting to consider funding options as specified. Is there a second? (No response.) CHAIRMAN COYLE: Okay. The motion dies for lack ofa second. Commissioner Coletta? COMMISSIONER COLETTA: I'm last, sir. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Here's where my take is on where we are in Collier County today. As everybody read in the paper, that this particular commission spent an awful lot of money for infrastructure in this county. If any of you were here when we recon- -- when we convened this group of commissioners that are presently sitting on the board, we had a huge shortfall in infrastructure, roads. It was to the point where people didn't even want to come down here to vacation. Yes, we did spend a lot of money, but you know what, there's now -- people want to come down here and invest their money, they want to invest in this community because they realize what we have accomplished here in a short period of time. And I believe that we, as the Board of County Commissioners, we've worked hard to (sic) where we are today. And I'll tell you that I believe that we also have the opportunity here to invest in our future. We may not all be here when this all comes to fruition, but we have the ability to plant the seed so that this community is now not dependent on tourists, ag., and the building industry as the only three-legged stool. We have the ability to have the fourth leg, and that Page 156 July 27-28, 2010 is sustainability that will be in this community. As I said earlier, every dollar that is invested that comes in in regards to wages or whatever else, when it goes into the community, it's going to be washed at least seven to nine times, and that makes everybody have the ability to gain in the process here of making this community even more wealthy. CHAIRMAN COYLE: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. I'd like to -- is this the appropriate time to talk about funding? I imagine it would be since you brought up the subject, and how we would do this when the time did come. A little bit concerned about eliminating the idea of ad valorem. If we go with just the franchise fee on power, electric power, we're at a complete disadvantage in the unincorporated area of the county because we'd be picking up the whole bill. I'd like to at least consider the idea of -- that whatever millage we set when we set the millage today can be recognized come September if we come up with a better idea, or if there's no need to go forward, we can roll it back again. CHAIRMAN COYLE: Well, yeah. I guess you're directing that to me. I -- there -- the problem I have with setting a higher millage rate is that we might not need the money. COMMISSIONER COLETTA: Roll it back. CHAIRMAN COYLE: But -- as long as you roll it back before September. COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: And the problem is that you might not know in September whether or not you have state matching funds. So that's the problem. I know what's going to happen if we set the millage rate even a tiny bit higher, the people are going to make the assumption that we're Page 157 July 27-28, 2010 actually going to approve that millage rate in September, and it further politicizes the issue. But there is -- there was a proposal early on that there be a combination of a -- maybe a tenth of a mill increase in the property tax millage rate, and a utility franchise fee that would try to balance it out. The problem with that situation is that when we use the millage rate as a way to fund that, we exacerbate the situation for homesteaded property owners who are the only ones who will not be getting a tax decrease. And that's the thing I'm worried about. You-- COMMISSIONER COLETTA: Well-- CHAIRMAN COYLE: Property values dropped 12 percent. COMMISSIONER COLETTA: I understand. CHAIRMAN COYLE: Okay. And a lot of the -- most of the nonhomesteaded properties are going to get a 12 percent decrease if we leave the millage rate alone. COMMISSIONER COLETTA: And I understand that, too, sir, but here's the problem I'm having. It's the -- this is supposed to benefit the whole county. CHAIRMAN COYLE: Yep, yep. COMMISSIONER COLETTA: And when we're talking about the municipalities being exempt from the support of this, it goes a little bit against what we were talking about earlier. CHAIRMAN COYLE: I got ya. I understand. COMMISSIONER COLETTA: And that's a real concern, and we -- the only time we can make sure we're heading in a direction we can make a decision in September would be to enact something in the way of a small millage increase to be able to bring something across the board that would be fair and equitable for all. CHAIRMAN COYLE: I understand what you're saying. The thing is that it's the staffs belief and my belief that we can meet our funding obligations on a pay-as-you-go basis for the next couple of years, or the first year, for the first year, okay. So we would have an Page 158 July 27-28, 2010 opportunity to make that decision again next year. COMMISSIONER COLETTA: Okay. So let me repeat back what you said. What staff can do is they'd be able to meet our obligations with existing funds that are out there without -- and putting into place the tax on the utilities? CHAIRMAN COYLE: No, the utility tax would be a part of that. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: But it would only -- it would only be for a short period of time, and then you can make another decision with respect to whether or not you wanted to adjust -- COMMISSIONER COLETTA: I want to hear from my other commissioners. Thank you, sir. CHAIRMAN COYLE: Okay, all right. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was just wondering, from what you had said initially and what I've learned on my own here is that the state cannot -- although the state challenged us, each for -- you know, they would give 130 million if we would give 130 million. I understand that. But the state then said, they can't really pledge that until they get money from the federal government, which they had expected months ago and still haven't received. So here we are talking about the funding, but we don't even know if we're going to get it. Is this the right time to talk about it or -- that's my question to you -- or should we be pursuing what other -- what other industries or what other units would want to participate in this cluster until we know what funding would be available to us? CHAIRMAN COYLE: The problem is that if you -- if you intend to use ad valorem taxes to do this, we have to resolve that today because we have to set a maximum ad valorem property tax. But if we can find a way to meet our financial obligations for the first year, we don't have to make that decision now. We can make it next year. Page 159 July 27-28, 2010 So if you want to make the decision on the property tax and you want it to be part of the funding package, you would have to make that decision today, and then in September we would have to make a final decision to either charge an incremental increase in property tax or not. And by September you mayor may not know whether the state has the money yet either. So there is the potential danger of taxing the residents and not having a commitment on the state funding. You could -- we could always refund it to them the next year if it turns out that it's not needed. But if the increase is very, very small, like a tenth of a mill, it wouldn't have a major impact. COMMISSIONER FIALA: So a tenth of a mill equates to how much? MR. OCHS: $6.1 million. COMMISSIONER FIALA: And how much does that -- on $100,000, how much is one tenth ofa mill? Ten dollars? Ten dollars. So that would be $10 a year. I mean, sometimes we have to -- we have to understand what it's actually -- CHAIRMAN COYLE: That's right, that's right. COMMISSIONER FIALA: What just it's going to cost me, not you, just me. CHAIRMAN COYLE: Yeah, that's right, that's right. And the utility franchise tax would cost the average customer about $3 a month. So in both cases, they're very low, but for those people who are just philosophically opposed to having tax dollars go for private companies, you're never going to get it too low, okay. COMMISSIONER FIALA: You know, I'm going to just give you a thought. Now, I'm not going to be giving you my thought as a . . commISSIoner. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I'm going to be giving you my thought as a taxpayer, a mom, and my kids are all living here in town, Page 160 July 27-28, 2010 and they're taxpayers, and my grandkids are coming up to be taxpayers shortly. And, you know, I'm thinking, if it's going to cost me $50 a year, say -- I mean, I'm going big time now, $50 a year rather than $10 a year. Fifty dollars a year and I get Jackson Labs down here to create new jobs and maybe discover in just a few short years the answer to cancer -- they're getting close anyway -- and maybe, just maybe, they can save one of my kids' or my grandkids' lives, or your kid or your kid or your mom; $50, that's not much to pay at all, is it, when I could save somebody else's life? To me, that's the thing to be thinking about here. CHAIRMAN COYLE: All right. Then I would suggest to you that if you want to consider the property tax option, that we do that at the time that we're discussing setting the millage rate later today, and I hope we'll get it done before 6 o'clock tonight. Is that about right, County Manager? MR. OCHS: On the time or on the combination that you're talking about? I mean -- CHAIRMAN COYLE: Time? MR.OCHS: If you want to wrap up by six, yeah-- CHAIRMAN COYLE: We've got two time certains-- MR. OCHS: -- I would suggest that we handle that item before you adjourn today. COMMISSIONER FIALA: We have three time certains. CHAIRMAN COYLE: Okay, okay, all right. Commissioner Halas? COMMISSIONER HALAS: Either the county manager or Mark Isackson, how much money would we have to allocate the first year to have pay as you go? What are we looking at roughly? MR.OCHS: Well, Commissioner, based on the payout schedule that the Productivity Committee looked at, for FYII, you would need to fund $28 million. So that would equate to, by my math -- Mark, Page 161 July 27-28,2010 you can check me -- about .45 increase in the millage to raise that kind of money in fiscal year' 11. So it would get you almost to your rolled back millage rate, a little over four mills, and you're at 3.564 right now. COMMISSIONER HALAS: Okay. Do we have any money that would be available in reserves, or would it be too much to ask for the first year in that? MR.OCHS: Commissioner, what -- essentially what you have is you have three potential funding sources if you want to move forward on the project. You have ad valorem taxes, there's been discussion about an electric utility franchise fee, and the third option -- and it's a very short-term option, but it's an option available to you for fiscal year' 11 -- if you don't want to consider an ad valorem increase or even a franchise fee imposition given the uncertainty of the federal legislation and the commitment of the state funds, would be to look at your internal funds and see if you could execute some internal loans, interfund loans, and you could raise that money through interfund loans for fiscal year' II, but I want you all to understand that those internal loans have to be paid back just like outside loans. So you would have to make a decision in fiscal '12 about how you would want to finance the balance of the commitment not only to the project over the next ten years, but how you would pay back those interfund loans in a period of two or three years. COMMISSIONER HALAS: So what you're saying is, maybe we just ought to face up to the fact and quit trying to kick the can down the road. MR.OCHS: Well, Commissioners, it's not so much kicking the can down the road. The real uncertainty, as I see for the board right now, is getting out ahead of the state funding which, of course, the whole idea was for the board to match the state funding. We don't know sitting here right now whether the state funding is going to hold Page 162 July 27-28, 2010 up or not because of the delay in the passage of the FMAP legislation up in Washington. Now, the Congress is in session for another week, and they break in August. And if they don't act on it this week and they -- you may or may not know, as Commissioner Coyle said, in September when you finally set your budget whether there's been any progress or not made on an FMAP. They may -- they may wait to act on it 'til after the fall election. So those are -- the only reason I bring up this interfund loan possibility for one year, it would avoid you having to make long-term commitments like bonding without knowing whether the state funding was going to come through or not. COMMISSIONER HALAS: Because if the state funding does not come through, it's -- that's a deal breaker. MR.OCHS: Well, it may be deal breaker or it may take the state legislatures the session in '12, you know, next year in '11 when they meet again, they may have to rework the current legislation, because I don't think -- I don't think -- if the FMAP funding is not approved, I don't believe that the state funding can go forward given the provisions in the current state law. I think it's tied to the FMAP funding. COMMISSIONER HALAS: Well, the other thing too is all the people that are sitting out in the audience in support of this program, this project, they need to get ahold of their elected officials that represent us in Washington, D.C., and hopefully put some heat on them to shake loose some funding so that we can go forward with this project. That's what needs to really happen here and -- because I feel that this is a once-in-a-lifetime possibility for -- not only in Collier County, but in Southwest Florida, and whatever we -- whatever it takes, we need to try to move forward. And maybe this one-time deal of getting funding from within the Page 163 July 27-28, 2010 different departments may be good, but then, of course, we've got to meet our obligations, and we can't forego not paying these funds back. So, you know, you've got to pay them -- you get it now, but it's not free money. It's like using a credit card. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And you know, listening to everything that's taking place and understanding there's a lot of balls still in the air -- by the way, thank you for all that you're doing being the point person for the commission. I know it's a big load on you, and you've still got a lot in front of you to do. CHAIRMAN COYLE: I've got a lot of arrows in my back. COMMISSIONER COLETTA: God bless you, yeah. I would be very receptive with working with the idea of an interfund loan because of the reason we can implement that with the least amount of pain to our residents as we get a chance to evaluate what's taking place so we can draw it down as we need it rather than have to tax somebody up front and make one big hit on them. Give us a chance to be able to wait to the last minute to make sure everything's together to be able to do it. Is it very involved to be able to draw this money down? MR.OCHS: No. It takes some staff time though in working, you know, internally to identify which funds would be in a position to make those loans and what the impacts of that would be on the programs in the -- in all those operations, but it's very doable, Commissioner. Again, just -- I must reiterate again to you all that this is a, you know, a short-term solution. Really only suggesting it because of the uncertainty of the state funding. So if the state funding firms up down the road, you are going to have to, in fiscal '12, make a decision long-term if you want to continue and -- COMMISSIONER COLETTA: We may never have to make that decision. It may be determined by Washington not to send the Page 164 July 27-28, 2010 money down, or any number of other events could take place that won't allow us to go forward. Who knows? MR. OCHS: Correct. But if it does, you have to -- you have to make funding decisions on the project going forward and the payback of this interfund loan over a series of -- COMMISSIONER COLETTA: I'm for remaining millage neutral and not getting into an excise tax on the utilities at this time and doing an internal loan. CHAIRMAN COYLE: Well, I have to tell you that the internal loan by itself is not going to do the job; however, if we -- if we instruct staff to make the necessary preparations for the funding of the first year's commitments and have them available, have those tools available to us so that when the state money is available, we'll be ready to go, then that's not a bad way to go, is just instruct the staff to make the necessary preparations and to evaluate the financing options we have and be prepared to make a recommendation to the board, and we can do that. COMMISSIONER FIALA: Is that a motion? CHAIRMAN COYLE: It could be, but Commissioner Coletta is the one who suggested it. Is that a motion? COMMISSIONER COLETTA: Well, yes. I take your language and turn it into a motion. CHAIRMAN COYLE: Okay. Then I second it. COMMISSIONER COLETTA: You second your own motion that I made for you. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: I got it. CHAIRMAN COYLE: But let me go a step further. The one thing I don't want to do is to make any of the partners in this business cluster feel that the whole thing is going to get flushed if the state doesn't come up with their money. There always is an opportunity for Page 165 July 27-28,2010 private financing, and we should continue pursuing that. We could look for it for private financing everywhere we can. And so this is an opportunity that we should not give up just because the state or the federal government is not going to provide the money. But by the same token, we don't want to get out in front of that because the state government might have the feeling that, well, if Collier County has so much money to throw around, we just won't bother to contribute our amount to it. So it's a touchy situation. So we have to indicate our commitment to a successful project, and if that means looking for -- continuing to look for private financing, that's what we ought to be willing to encourage. And so the motion is on the table. It will provide the staff guidance to evaluate the funding options that we have available that can be implemented fairly quickly whenever the state declares their money is available so that we can move quickly to exercise this opportunity, provided that there are sufficient partners to make it an economically viable investment, okay. So that's the whole package. Okay. Commissioner Halas? COMMISSIONER HALAS: One of the things that I want to make sure of is that if we do use funds within the county government that are used for -- that are in reserve, that we don't cut ourselves short in case of an emergency. That's the most important thing. Now, if we don't have the funding there that we can provide to move forward with this project and also make sure that we've got ourselves covered, then I guess I'm going to have to go along with Commissioner Coyle, that maybe we ought to look at the franchise fee as another alternative so that we don't put ourselves into a situation where we may regret later on because we don't have the resources to take care of -- if we have an emergency. CHAIRMAN COYLE: And we won't have to start that until we find out whether -- COMMISSIONER HALAS: State money. Page 166 July 27-28, 2010 CHAIRMAN COYLE: -- there's state money available and everything is going to proceed. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Right? So it puts us at no risk. It doesn't require us to make a commitment to tax anybody. MR.OCHS: No, sir. CHAIRMAN COYLE: Okay. Now that leaves us with the issue of the property tax millage rate. We'll discuss that later. Don't worry -- let's not complicate it. Commissioner Henning? COMMISSIONER HENNING: The only option that you have is a utility tax, which is a regressive tax. It hurts the people that cannot afford it the most which, by the way, those funds is already in the economy, the local economy now. So it will be taking those funds away from the local economy. The next thing is, if you do transfers, if you're looking at the enterprise funds, I would question the legality of using enterprise funds other than what they're supposed to be for, okay? MR.OCHS: That will be part of our analysis, sir, but I believe we can do that. You've done it before as a board. CHAIRMAN COYLE: Yeah. Do you want to speak again? COMMISSIONER COLETTA: Well, it's not on the motion, sir. It's on direction from staff. And you said we're on Page 3 of the book now -- CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: -- as far as where we're going to end up as far as negotiations go? CHAIRMAN COYLE: But this will get us to Page 4. COMMISSIONER COLETTA: Well, you know, there was some very good suggestions, not that I agree with every single suggestion the Productivity Committee made. But there was a number in there, a number of them that I'm sure are going to be given Page 167 July 27-28, 2010 consideration as you go forward. CHAIRMAN COYLE: Absolutely. They're all in the hopper. Every one of those recommendations has been discussed with Jackson Labs. It is part of the negotiation process, and we would expect to proceed with that. COMMISSIONER COLETTA: Okay. Just a couple of things, and I know you're going to bring this up for consideration when you're talking to them again. We have Oil Well Road, and we have a considerable amount of money going into it. When we put the -- you put together the deal with the state as far as the money, they said they'd recognize a certain percentage of infrastructure and improvements that would go towards that. Ifwe could see about picking that up and try to lower the burden of debt. That would be very much appreciated. CHAIRMAN COYLE: We're certainly going to consider that, but the issue is that Jackson Labs needs a certain amount of cash to build a building, and you can't build a building with credits against infrastructure. So we're dealing with all of those issues, and they are all going to be part of this agreement, and it's all going to be publicly vetted, and we'll have meeting after meeting of -- hopefully it's not like this -- but we'll have meetings like this to talk about what those agreements are and how we've worked it out. It's a work in progress. Okay. Are we set? You have the guidance you need? MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. All right. COMMISSIONER HENNING: There was a motion and a second. CHAIRMAN COYLE: Yeah, there was a motion and a second. COMMISSIONER HENNING: You need to vote on the motion and the second. CHAIRMAN COYLE: Well, we'll just vote on the motion. I'm Page 168 July 27-28, 2010 not going to vote on the second. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. So we have a motion. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Coletta -- COMMISSIONER COLETTA: No, Henning. CHAIRMAN COYLE: -- Henning -- they look so much alike. COMMISSIONER HENNING: I'm the youngest one on the board. COMMISSIONER COLETTA: But I look the youngest. CHAIRMAN COYLE: Just like Halas and I look alike. COMMISSIONER HALAS: Yeah. CHAIRMAN COYLE: And we now have a time certain from two o'clock. MR.OCHS: Yes, sir. CHAIRMAN COYLE: We work in virtual time, folks. MR. OCHS: Commissioner, you want to -- CHAIRMAN COYLE: Didn't we just take a break? MR. OCHS: Two minutes to clear the room, or -- CHAIRMAN COYLE: All right. We'll take about three minutes to clear the room. (A brief recess was had.) Item #IOA Page 169 July 27-28, 2010 RECOMMENDATION TO PROVIDE INCREASED RECYCLING SERVICES AND HOUSEHOLD HAZARDOUS WASTE COLLECTION IN NORTH NAPLES BY (1) AUTHORIZING STAFF TO DESIGN AND BUILD A NORTH NAPLES RECYCLING CENTER AT A COST OF $1,600,000; AND, (2) APPROVE THE ACQUISITION OF 1 ACRE +/- OF LAND FROM THE COLLIER COUNTY WASTER-SEWER DISTRICT BY THE SOLID WASTE MANAGEMENT DEPARTMENT AT A COST OF $414,000 FOR THE CONSTRUCTION OF THE RECYCLING CENTER; AND (3) AUTHORIZE THE NECESSARY BUDGET AMENDMENT. THERE ACTIONS WILL SAVE VALUABLE LANDFILL AIRSPACE, COMPLY WITH COUNT'S GROWTH MANAGEMENT PLAN, AND THE INTEGRATED SOLID WASTE MANAGEMENT STRATEGY BY DIVERTING RECYCLABLE MATERIALS FROM THE LANDFILL AND PROTECTING OUR NATURAL RESOURCES - MOTION TO APPROVE STAFF'S RECOMMENDATIONS - APPROVED CHAIRMAN COYLE: We have a time certain, right? MR.OCHS: Yes, sir. We have a two p.m. time certain. CHAIRMAN COYLE: Several time certains. MR.OCHS: Yes, several. This one is lOA. It's continued from the June 22, 2010, BCC meeting. It's a recommendation to provide increased recycling services and household hazardous waste collection in North Naples by authorizing staff to design and build a North Naples Recycling Center at a cost of $1.6 million and approve the acquisition of one acre plus or minus of land from the Collier County Water/Sewer District by the Solid Waste Management Department at a cost of $414,000 for the construction of the recycling center, and authorize the necessary budget amendment. These actions are intended to save valuable landfill airspace, Page 1 70 July 27-28, 2010 comply with the county's Growth Management Plan and the integrated solid waste management strategy by diverting recyclable materials from the landfill, and protecting our natural resources. Mr. Dan Rodriguez, your Solid Waste director, will begin the presentation, sir. CHAIRMAN COYLE: And this is a time certain for two o'clock? MR. OCHS : Yes, sir. CHAIRMAN COYLE: And for those watching, it is now 1 :59 in the afternoon. We're starting one minute early . We work on virtual time here. Go ahead, Dan. MR. MITCHELL: Sir, we do have speakers as well. CHAIRMAN COYLE: Okay. How many speakers? MR. MITCHELL: Do you really want to know? Seventeen. CHAIRMAN COYLE: Seventeen? MR. MITCHELL: Yes. CHAIRMAN COYLE: Okay. MR. RODRIGUEZ: Okay. For the record, Dan Rodriguez, your Solid Waste Management director. Good afternoon, Commissioners. Thank you for the opportunity to bring for your consideration another initiative to recycle and preserve landfill airspace, protect our environment. As outlined by your executive summary, county staff is asking to -- for the board to consider designing and building a North Naples recycling center at a cost of $1.6 million to acquire land from county-owned property from the water/sewer district at a cost of $414,000, and approve the necessary budget amendments. Commissioners, with all projects and programs in the Solid Waste Management and Public Utilities Division, we provide best-value responsive compliance services that protect our environment, preserve landfill airspace, and plan for the future Page 171 July 27-28, 2010 disposal needs of our community. As part of that mission, the Board of County Commissioners back in 2000 adopted an integrated solid waste management strategy, and as recent as 2006, December 5th, approved an updated version of that to build the necessary infrastructure and resources to increase usable life of our Collier County Landfill. As part of that integrated solid waste management strategy, you also approved guiding principles. Those guiding principles include environmental and growth management compliance, airspace preservation, operational excellence, and best-value services. The proposed North Naples recycling center meets all of these requirements. Part of that integrated solid waste management strategy, there are four components. Those four components provide the direction for county staff based on board direction to not only reduce the resource reduction, materials reuse and recycling, but also through diversion, finding other disposal capacities outside of Collier County, optimizing existing assets and resources, and obtaining additional facilities. Commissioners, this is the big picture. Here in Collier County for 2009, there were over 750,000 tons of waste generated. The really good news about Collier County, with the board's direction, their approval and support of the integrated solid waste management strategy, we're able to divert 71 percent of that, divert and recycle. That's over 535,000 tons. The not so good news is we're still burying over 215,000 tons in your landfill. What does that mean? As I mentioned in a presentation before in front of you, if you take Building F, this eight-story building that we're all in, fill it up with garbage, lay it on its side and bury it with dirt, that's what you're putting in the landfill every two weeks. COMMISSIONER FIALA: Wow. What a picture. MR. RODRIGUEZ: More good news. Back in 2000, this Board of County Commissioners made decisive -- made very clear direction Page 1 72 July 27-28, 2010 to staff, we need to get the landfill to stop smelling. In addition, we need to save landfill airspace. As you recognize this chart, this is from the 2009 AUIR. Our current landfill has over 29 years of disposal capacity. Back in 2000, you had less than five years. You were running out of airspace. Part of that integrated solid waste management strategy, the board approved the fact that we need to build additional facilities. Your Collier County Growth Management Plan is very specific. It calls for increased recycling and more diversion. The benefits of this project, Commissioners, the property provides a centrally located permanent facility to serve more communities. Similar to the recycling centers we already have active in the county, which have been operating for over 25 years. We increase recycling, we provided a best-value solution for your solid waste stream and your recycling activities. The state-of-the-art facility will properly manage the household hazardous wastes, things that you have in your kitchens, your garages, and properly dispose of them, taking those materials out of that waste stream so we can limit what we put into our landfill. With that, I'm going to turn the podium over to Mr. Tim Hancock with Davidson Engineering, and he's going to cover the specifics of the design as well as the zoning and planning. MR. HANCOCK: Thank you, Dan. Good morning (sic), Mr. Chairman, Commissioners. CHAIRMAN COYLE: Good morning. MR. HANCOCK: I'm sorry. Well, I thought if you could play with the time, so could I. CHAIRMAN COYLE: Well, just wait a couple hours and it will be morning. MR. HANCOCK: Tim Hancock with Davidson Engineering, and we're pleased to be working with URS as well as your Solid Waste staff in bringing this project to fruition for you. Page 1 73 July 27-28,2010 The proposed project is located in the northern portion of Collier County on Goodlette-Frank Road between Immokalee Road and Vanderbilt Beach Road. In looking at potential sites, based on direction from this body, having a viable zoned location that would serve Collier County residents without attracting residents from other cities or counties to the north was a prime consideration. Additionally, this location is central to literally dozens of established residential neighborhoods without being immediately adjacent to any of them. More specifically, the site is located on the east side of Goodlette-Frank Road on property currently owned by the Collier County Water/Sewer District. The site is approximately 160 feet in width by 350 feet in depth and will total a little more than one acre. As you can see from this aerial, the facility would not be located immediately adjacent to any homes. And again, I'd like to emphasize, the site is currently zoned "I", industrial, which permits drop-off or transfer stations provided there's no processing of materials on site. The project before you is entirely consistent with that land use requirement. While the project site is not currently used as part of the county's water/sewer operation, it's important to note that the surrounding property, primarily to the north, is utilized to provide water and sewer services to a large portion of Collier County. As such, the activity on site consists of -- currently of pumps, pump houses, treatment facilities, administrative and operational offices, as well as internal roads to permit delivery and maintenance on a daily basis. The site has been in operation in this capacity for over 20 years. In looking at site-related impacts for the project, we have an existing successful model available in the two-year-old facility on Marco Island. This is the prototype for all future drop-off centers, Page 174 July 27-28, 2010 with each one being modified to meet the needs of the county residents and businesses in the area. F or example, the Marco facility accepts construction and demolition, or C&D, as well as horticultural materials. This facility will not be designed to accept those. Minor variations in design will also occur during the design process to make sure the facility operates at an extremely high level. Ideas of those little changes that can occur is when Mr. Rodriguez invited folks to come down to the Marco facility and look at the operations, see it, hear it, feel it, so to speak, somebody noticed the buzzer when you drove up was a bit on the loud side and made a suggestion. Not only was that buzzer toned down, but those kinds of little suggestions and ideas for operational distinctions can be incorporated as we move forward in the design of this site. F or those not familiar with the operation of the Marco facility, the next two slides will hopefully help folks understand the safeguards and protections that are put in place. Used motor oil when it's brought in is poured into a container designed for such a purpose, and you see that on the upper left-hand portion of this slide. That container is then subject to a secondary containment. The secondary container is then allowed for any potential spillage or whatnot to be fully contained on site and taken care of in a timely fashion. Remember, we're talking typically about household size waste products. We're not talking about trucks pulling up with dozens of 55-gallon drums, dropping them off. This is me and you pulling paint cans out of the garage and heading down there to make sure they're properly disposed of. Basically the key to safety in this facility is redundancy; not just one level of protection, but two or more. You can also see here on the bottom right where batteries are stacked on a pallet, and that pallet is inside a further containment area so that nothing touches the floor. Page 175 July 27-28,2010 The building design, just as it has on Marco Island, will incorporate state-of-the-art safety facilities that you and I don't have at home in our garages, things such as exhaust and venting systems in rooms where fumes may be problematic. Things that are brought in such as pesticides and herbicides that we keep at homes are then safely stored in cabinets that are secured and kept off the ground. Typically you or I would pull up to the facility where we'd be met by an individual who's trained well with the necessary certifications to identify what it is we're dropping off, where it should be placed, and how it should be handled. Should there be any kind of spillage, the staff is highly trained in the proper cleanup and treatment of spills on site. And again, these are typically small quantities in the vast majority of cases. Once enough of a particular item, such as batteries, paint, or used oil is gathered, a pickup is scheduled with a licensed handler for offsite transportation to either recycle or properly dispose of the material. Again, no processing on site. Collection, packaging, transport. These pickups are generally once every one or two weeks, depending on service volumes, and the trucks shown here are typical of the size truck traffic that we experience. Truck traffic is a very, very small part of the overall traffic impacts of this site. Traffic to and from this site is estimated at 80 customers per day. This is comparable with the existing Airport Road facility. Marco's a little bit smaller and a little bit lower in its traffic generation. And looking at this facility, we felt that because it's in a little more dense populated area, we'd probably see a higher incidence of household small-scale type drop-offs. So we've estimated 80 customers per day on opening day. In addition to being located on property already zoned for such use and having the ability to utilize distance, buffering, and Page 176 July 27-28,2010 operational design to mitigate impacts, the proposed site will have a negligible impact on those adjacent roadways. Typically a project's transportation impacts are viewed in the p.m. peak hour. That's when our roadways are most congested, most crowded. The hours of operation of this facility will be the same as Marco, Tuesday through Saturday, from 8:30 to 4:30 p.m. Typically your p.m. peak hour is Monday through Friday from four to six. There's only 30 minutes of operational time for this facility in the most congested time on the local roadways. During that time it's estimated that approximately 12 trips will occur to and from this facility. That's an impact of .25 percent of the available p.m. peak hour capacity, one quarter of one percent. Basically, as you can see, there's a negligeable transportation impact resulting from this facility. As a point of reference, the background traffic on Goodlette-Frank Road is approximately 13,500 trips per day. We're talking about 80 customers. The proposed facility will include a substantial planted buffer on the south, east, and north sides that will probably include a wood creed ( sic) or similar type fence to greatly reduce noise transfer and improve aesthetics. The building design will be identical in character to the Marco facility, which has been well received. In fact, the Marco facility has received no fewer than four articles in the Marco Island Eagle recognizing its service to the community. Additionally, as testimony to the professionalism of your staff, the facility has received no operational complaints for noise or odor since it has opened. I would like to point out that there are residential homes across a body of water within about 600 feet of the Marco facility. The proposed site will offer proper circulation and more than adequate capacity to handle the anticipated daily demand and future growth.o Page 1 77 July 27-28,2010 It's the goal of the department to make the site attractive and harmonious in both design and operation. While heights in the industrial zoning district are allowed up to 50 feet, the design of this facility will not exceed two stories or approximately 35 feet. This is a -- the same permitted height for residential structures in the nearby or proximate area. To the west the site is further buffered extensively by an existing berm and heavy vegetation that is part of the Pelican Marsh community, making the site virtually invisible to the homes that lie some 500 feet to the west. The site plan you see here is conceptual. It will be subject to some modification as we go through the process. It is not a final design but is intended to give you an idea of what the site will look and operate like upon its completion. Like this board has done with so many government-operated facilities, this project will strive to be a good neighbor. Over the past 15 or so years, this body has taken odor and noise complaints very seriously, and with your continued direction, this facility will be no different. Its operation is odorless, and noise is limited to backing of some vehicles mainly during the latter part of the operating day as the facility is made ready for the next day's business. The item before you today deals with authorizing the funds necessary to design and construct this facility. The estimated costs for this facility are generally land and construction, with construction including soft costs such as design and permitting. The land is to be purchased from the county water and sewer district at an estimated amount, $414,000, with construction and soft costs estimated at 1.6 million. There were some questions at the public information meeting regarding the cost per square foot, and I think it's important to note that this kind of facility is not comparable to typical building because of the state-of-the-art systems that ensure safe, quiet, and effective Page 178 July 27-28, 2010 operation. We, again, have the model of the Marco facility to apply here, and your staffwill work to make sure that the project costs are contained without sacrificing safety or effective operation. As with any facility, it will be required to comply with all local and state, including FDEP, building code for wind load, structural integrity, site design, architectural treatment, and landscaping. Each of these areas and more will be either met or exceeded. When this matter was tabled at the last time we appeared before you or were scheduled to appear before you, your staff took the opportunity to not just address the concerns that were raised by one or two folks at that time, but to attempt to provide information on a larger scale. To that end, all homeowners' associations within three miles of the project were notified of and invited to a public information meeting where the project will be described and questions could be answered. Additionally, one quarter page ads were run in the Naples Daily News advertising the meeting on July 7th and July 12th. We held the public information meeting on the 13th of July at the North Naples Fire Control and Rescue District building just off of Immokalee Road, and we had 25 residents in attendance, along with Commissioner Halas. Issues raised, including concerns about odor, noise, traffic, and for potential for spills. We feel that we're able to address these issues effectively, and with the number of residents taking up Mr. Rodriguez on his invitation to visit the Marco facility, he has since received many emails and phone calls of support, some seeking additional information, and yes, some folks still have concerns. Fortunately for this body, with the success of the Marco facility in place and the site location and zoning issues met here with respect to the direction given on securing future sites, I feel we have a site that Page 1 79 July 27-28, 2010 is appropriate in location; proper design features have been identified. It will be a compatible neighbor while offering convenience to much of the northern portion of Collier County and furthering this body's goals, as Mr. Rodriguez has stated. At this point I'd like to turn the balance of the presentation back over to Dan. MR. RODRIGUEZ: Commissioner, this next chart I'm going to show you here is truly your legacy. This is from the planned AUIR for 2010. This has not been approved by the board yet, but I wanted to give you the latest information and figures associated with your landfill. Back in 2000, the peak population was estimated there at 309,000. In 2010 we're looking at 404,000. One hundred thousand increase in population. If you look at the fourth column on the right, annual tons disposed, back in 2001 we were putting 430,000 tons of waste in your landfill. 2010, we're projecting 209,000 tons. You've decreased the tonnage put to the landfill by 50 percent, and our population has increased by 100 percent -- or I'm sorry, by 100,000. That speaks volumes to your integrated solid waste management strategy, but also the culture of Collier County . We live in a recycling culture that make it a priority to not only preserve natural resources, but to protect our environment. And we do this all as directed by the board at vest value. Commissioners, this is a benchmark study that we do annually as part of our budget cycle. The yellow column there, just to the right, is Collier County. This is the annual assessment people pay on their tax bill for collection of waste. As you can see, Collier County is in the lowest 10 percent. Our sister counties, like City of Tampa, Monroe, Palm Beach, Broward County, are much higher. For $1 73 a year they get one of the highest levels of service. Many of our sister counties to the left that have a higher rate only have Page 180 July 27-28, 2010 once a week pickup. You have twice-a-week pickup, on-demand pickup for your recyclables, as well as your white goods and appliances. Where are we at in recycling? This report, Commissioners, comes from FDEP. They're a year behind. And what they've shown is that with the introduction of single-stream recycling, your residential recycling rate is at 80 percent. What that means is everything that is put curbside that everybody takes out of their home to throwaway or recycle, 80 percent of that gets recycled. That was due, in part, to bringing you on single stream. The board took a gamble and said, let's bring single-stream recycling to Collier County, and it's been very successful for us. We have a little work to do with multifamily. We're only at 9 percent. And especially commercial businesses in Collier County. Even though we have a mandatory business recycling ordinance, we have a lot of work to do with them. We're at 27 percent. Why is this all important? Not only does it protect our natural resources, preserve our environment, it saves landfill airspace. The state of Florida is now mandating that we recycle. Based on some of the knowledge they gained from Collier County, they developed this past year an ordinance that states that we must have 75 percent recycling by the year 2020. That's for all municipal governments. We're well on our way. As you can see, the success with residential recycling, with more recycling centers, we can meet this goal and objective. And really, here's the big investment, the Collier County landfill. Commissioners, they're not building any more landfills in the State of Florida. In fact, there's only been one landfill built in the State of Florida in 25 years. In the last year and a half there's been three proposals for a new landfill in the State of Florida; each one has been turned down, whether it's because of environmental concerns, because of wildlife habitat, or requirements ofFDEP, South Florida Water Page 181 July 27-28, 2010 Management District, or the Corps of Engineers, this is a very valuable asset. Most importantly, it is large investment for Collier County. Over the life of this landfill, the county, and through its operations and construction, will spend over a billion and a half dollars on this landfill. The small investment that we make in this recycling center will add years to this, saving us millions of dollars. In conclusion, staff is recommending that you authorize us to go ahead and design and build the North Naples recycling center at 1.6 million, acquire the acreage from the south -- from the Collier County Water/Sewer District at 414,000, and approve the necessary budget amendment. Thank you. CHAIRMAN COYLE: Okay. Thank you. That concludes the staffs presentation? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. We have -- are these two commissioners still wanting to speak, commissioner Henning, Commissioner Halas? COMMISSIONER HENNING: Yeah, I just want to make a -- I mean, what I've heard of the public is they want to continue it until more of the winter residents are here. I don't see a need to rush to build this facility, so I'm going to make a motion to continue this item. CHAIRMAN COYLE: Okay. Motion to continue by Commissioner Henning. Is there a second? (No response.) CHAIRMAN COYLE: Okay. The motion dies for lack ofa second. Commissioner Halas? COMMISSIONER HALAS: I believe that this is very, very important. Dan Rodriguez spent some time out in District 2 at one of my District 2 meetings where we had 50 representatives from different homeowner groups who heard this -- basically a presentation about Page 182 July 27-28, 2010 how important it was to save our landfill, and those people were quite excited that eventually we were hoping to get a recycling place located in District 2. And at the time that the Bembridge property did not go through, I said that we need to see what we can do because the population center is basically out there in District 2, and it also has the roadways for other people that live in -- maybe in other districts to, as they drive into work, be able to drop off their recyclables. I commend the staff and I commend Mr. Hancock for going through this process. And I believe that we need to move forward on this as we go through. As can you see, Commissioners, we have gained an awful lot with recycling, and as was stated earlier, that this is very viable for the residents up there, and I believe that we just have one homeowners' association that's adamantly opposed to this, but there's the other 45 or 50 around that whole area that are looking forward to this because it's going to save trips down to the airport facilities, and that's quite a ways away, and then we have one at Marco. So we're going to try to cover the county. And I know that there was a representative, a family, that was to our information meeting that was all the way out in Orangetree and said, when are we going to get ours? So I think it's got some -- we've got some real legs here, possibilities that we can make sure that we service people here in Collier County who want to -- instead of throwing their batteries or things of this nature out, and old electronics, they can drop them off, and they'll be taken care of in the right way. Thank you. CHAIRMAN COYLE: Okay, thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. Just one thing I forgot to ask. I mean, it was a very intensive presentation on the short day that we have. The -- Tim, did you say there's a residence within 600 feet Page 183 July 27-28, 2010 from the Marco Island recycling facility? MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: Okay. Maybe you can point that out to me some other time. MR. HANCOCK: Okay. I used the property appraiser's website and just a spatial measurement from that property to the nearest home. COMMISSIONER HENNING: Is that across the canal to the north? MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: Okay. MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: You have to take a boat to get to . . h? It, fIg 1. MR. HANCOCK: Yes, sir, but sound doesn't need a boat. COMMISSIONER HENNING: You need a whistle on a boat though. CHAIRMAN COYLE: Okay. We have 17 speakers, huh? MR. MITCHELL: We do, sir. The first speaker is Georgia Hiller, and she'll be followed by Doug Fee. MS. HILLER: Good afternoon, Commissioners, Georgia Hiller, candidate for County Commission, Second District, and chair of the North Naples Community Alliance. This is not about NIMBYism. This is about NOBYism, nobody's backyard. This is about a project we don't need. The North Naples Community Alliance supports recycling. We have weekly recycling pickup, and what's in our kitchen goes into little green bins. We have private companies that collect large recyclable wastes, for example, remodelers. An example of a company like that is Commercial Cleanup. They do an excellent job. So why do we need to spend $2 million on building a recycling station that will not be involved in recycling? Merely a sorting station for further processing. Page 184 July 27-28, 2010 Why do we need to build this station on a parcel of land valued at $400,000 an acre when there is land that is so much cheaper available in our community? Why do we need to spend $1.6 million on a 3,000, very simple square foot building? The county has no long-range plan for recycling station development in Collier County. A global strategy is not a plan. This is a perfect example of the type of unplanned capital budgeting that has put our budget in the current poor state that it's in. When the last location you picked was met unfavorably by district residents, you went location shopping. The North Naples location you have selected, is it without demand or need-based justification? Commissioners, we simply don't need this facility at this time. Please don't waste any more tax dollars. Please don't let your legacy be waste. Thank you. CHAIRMAN COYLE: I have a question for staff. Mr. Rodriguez, has Ms. Hiller shared with you the alternative locations that are much cheaper? MR. RODRIGUEZ: No, she has not, Commissioner. CHAIRMAN COYLE: That's interesting. Okay. Thank you very much. MR. MITCHELL: The next speaker after Mr. Fee will be Jack Pointer. If you could use this -- MR. FEE: Good afternoon, Commissioners. For the record, my name is Doug Fee. I attended the meeting a couple of weeks ago, and I would like to ask you to continue this item. We are in the middle of summer. I am involved in North Naples as much as anyone else, and I do believe there are many people in that area that were unaware of this meeting. There are a lot of people who are up north. There is a community called Pelican Marsh, and I believe that they will be affected by your actions today. Page 185 July 27-28,2010 I don't see any reason why you can't prolong this, give it another four or five months, and when the seasonal residents come back you can hold some more meetings. You did have a station that you were going to put down on Santa Barbara. That went through a process of meetings. There was some rezoning involved, so you did have more participation, and there were meetings. In this case I believe the land is zoned correctly so it can move faster in the process. Having said that, the first thing I would ask, and I did ask at the meeting is, where is the county's plans on where they will put these additional five centers? The plan is to put a total of six or seven out there at $2 million apiece. Dan Rodriguez, your manager, said we do not know where we're going to place those facilities. I would ask you today, even if you approve this, to form a committee -- I know there's many committees in the county, but you need to have a recycling or waste committee that can look at the county and be in assistance to the staff, looking at where we need to do these things so that there is a plan, so there is a vetting, people can get involved. There's a lot of dollars involved in the enterprise funds, okay. The second thing that I want to mention is, as you know, I'm on the Productivity Committee. I'd like to suggest that you charge the Productivity Committee with looking at that area, the utilities area. They may have done it in the past, but I'd like to see us do it again, maybe have a subcommittee. There's a lot of dollars involved here. When it comes to commercial, I am a person who has an office in a plaza. When I go back to the back of the building, there are no recycling bins for me to put recycle materials. The county needs to make sure that the commercial businesses are participating in this. And I believe that a committee could help out in the future trying to help staff and making recycling work better. Thank you very much. Page 186 July 27-28, 2010 COMMISSIONER HALAS: Chairman, I've got one question I want to ask staff. It was stated that we're using tax dollars, and I believe these are tipping fees of people who use the landfill at present time to fill up the landfill. Am I correct or am I wrong in that? MR. RODRIGUEZ: That's correct, Commissioner Halas. The fees that are paid by the people that use the landfill and consume that . aIrspace -- COMMISSIONER HALAS: Yes. MR. RODRIGUEZ: -- are paying for this recycling center. COMMISSIONER HALAS: Good. Thank you. MR. MITCHELL: David Wallace will follow Mr. Pointer. MR. POINTER: Good afternoon, Commissioners. My name is Jack Pointer. I live in North Naples, and I wish to state that I am in favor of this recycling center. It is a cycling (sic) center that is to be placed on land that is presently owned by the county by one agency. You will transfer the same land still owned by the county to another agency. So it is already zoned properly, and it is owned by the county and will continue to be owned by the county. If we take the time to go look for some land elsewhere in the county, two things will occur. One, you will have to buy land that is not owned by the county, and it will have to be rezoned. The cost of that will add at least one million dollars to this two-million-dollar project. Thank you. MR. WALLACE: Thank you. I'm David Wallace, resident of Pelican Marsh, the community right next to the proposed site. I'd like to make three brief points. They deal with a more cost-effective location, true transparency of the decision, and better use of funds. First, will the Goodlette-Frank site attract more incremental North Naples residents, that is those who don't already go to the Naples Airport site, than attracting brand new residents at some other sites in Collier County? Do we have data to make a reasonable Page 187 July 27-28, 2010 estimate? Does that data justify the cost? As Commissioner Halas mentioned, there is interest from Orangetree. Would that be a more cost-effective location? Second, the meetings, as has been mentioned, have been held on the North Naples site, were in October 2009, and July of2010, both months outside when our major winter seasonal residents are here, many of whom are actual Florida residents, seasonal taxpayers and voters. Having this, quote, lack of transparency to them is a risk to the fair-minded reputation of the board, a risk that I believe it can avoid by continuing the decision to act on this proposal until November 2010 or later, as Commissioner Henning earlier proposed. Lastly, while it is not 130 billion (sic) or 230 billion, 1.6 million is still a lot of money. What other use of the solid waste capital fund can you make other than building another residential collection site? First, why not build a facility on a site close to where commercial users can access it? The gain from attracting more commercial users, which data shows to be much more compliant with recycling -- and Dan's data showed 27 percent compliance versus 80 percent for residential -- the gain from getting more commercial users could be much greater than adding a few more residences. Second, would it be possible to take a portion of the capital fund to use for communications to educate noncompliant users as to why they should recycle? Thus using existing recycling facilities more fully. Third, what about working with Waste Management to educate users not to bury their household chemicals in their pickup containers? Or is there a third hazardous waste container the county could pay for that residents could use so they wouldn't bury that material? Fourth, could we use the tipping fees we already collect to extend the hours of the existing collection centers to be more convenient to users, say being open seven days a week or being open longer hours or Page 188 July 27-28, 2010 being open both on Saturday and Sunday and closing on Monday and Tuesday? There must be more options with $1.6 million to spend than simply building another possibly duplicative collection center at this time. So a more effective location, proper transparency of the decision, and a better use of funds. Please consider these thoughts. At a minimum, delay your decision until November. Thank you. MR. MITCHELL: The next speaker is James Carter, and he'll be followed by Michael Leeds. MR. CARTER: Maybe it's good evening, Commissioners. Thank you for continuing the subject today so that some of our residents and many in North Naples could express some thoughts and some options to this site that you're proposing for a recycling collection center. None of us are against the goal of having a recycling center. What we're quarreling with you about or suggesting, that there are more options, is that the process itself is flawed. A large majority of our residents are either absent from Naples at this time, or if they are here, they're working and couldn't be here today. But you saw we've had a pretty decent turnout. Another point is in 1999 Bay Colony Estates spent more than a quarter million dollars to house the collection of the -- for the dump trucks that pulled in to take the residue from the sewer treatment plant so that they could reduce the odor to protect the entire community and make a positive contribution to this site. For that reward, today you're saying, let's build a recycle collection center in their backyard. Now, the problem is that I've been to the Marco site. It is a great facility. But as far as residents looking at it, it's in the middle of an industrial park. The closest residences that I see are on the Marco River in a condominium, and that's the orientation to the river, to the boats. They're not going to stand out in their back building and look Page 189 July 27-28,2010 across at a recycling center. This one is in Bay Colony Estates' backyard. They will visually see this center. Marco's a single story building. I hear now you may go up to 45 (sic) feet on this building or a two-story building. Why do you build a two-story recycle collection center? There's not enough vegetation around that's going to block that situation. It's been mentioned about the timing of the meetings that you've had. From October and all the way until July, no one in North Naples knew that this was the site selection, this is where you had planned to establish a collection site facility. And the last point, are there options or other sites where you could go in industrial areas and build a recycle center? The answer to that would be yes. There's a number of them that are all off Old 41, whether it's finger roads or Railhead. And this has just been blown away and said, we don't need to do this. Weare suggesting that you delay this and give us enough time to work with staff to identify other options to put a recycle collection center in North Naples versus just arbitrarily spending two million dollars -- which is the people's money. I don't care whether it's tipping fees or however you calculated it. It came out of our pockets. We want to have a better opportunity to work with you and ask for a continuance of this discussion until at least November. Thank you. MR. MITCHELL: Michael Leeds? Don Hill? And he'll be followed by Frank Foglio (phonetic). MR. HILL: Mr. Chairman, Commissioners, my name is Don Hill. I'm a ten-year resident in Pelican Marsh. I've been on the board of directors for ten years with the Master Association Foundation in Pelican Marsh. Professionally I was 30 years as a land use, land development, transportation consulting partner with Pete Murray Mitchell, so I have some knowledge of this process. When I learned about the public hearing, I attended the public Page 190 July 27-28, 2010 hearing, I visited the Marco site. I asked for a whole series of what I called detailed reports, environmental impact analysis report, line-of-sight analysis report to see what the impact of a two-story building would have on the multibillion dollar homes in Bay Colony Estates. I asked to see alternative site analysis. I understand they did look at the possibility of a site up Old 41 at the Railhead location, Railhead Boulevard. That's a truly industrial site. In a lot of ways it's a much more suitable site than putting this facility in the backyard of Pelican Marsh, Victoria Shores, and Stonebridge. I ask you to consider the possibility of a continuance into the coming months. MR. MITCHELL: Frank Foglio? Okay. Charles Togas (phonetic)? Steven Brezina? Suzanne Williamson? And she'll be followed by Sally Potter. MS. WILLIAMSON: Just -- good afternoon, Commissioners. I'm Suzanne Williamson, Pelican Marsh. I agree with Commissioner Henning in that this should be not voted on at this particular time. He is not our commissioner, but he seems to be more in tune with some of . our VIews. In these economic times, I don't think it's necessary to spend the two million dollars on this facility . We are very capable of using our recycle bins. We know how to dial the Waste Management telephone number for refrigerators, and we know our way to the airport recycle site. So at this time I see no need for it. We are recycling now, and sometimes, you know, you don't have to put it at someone's back door. We do have some initiative left in the country . We don't have to be spoonfed with everything. Thank you. MR. MITCHELL: Jeffrey Randall, and he'll be followed by Joe Sparks. MR. RANDALL: Good afternoon, Commissioners. My name is Page 191 July 27-28, 2010 Jeffrey Randall. I live in Pelican Marsh. I'm just going to adopt what everybody else has said, because there's not much more I can say except I do have a question, and that is, Commissioner Halas asked the director of your Waste Management whether or not Ms. Hiller had advised him of other sites that may be available. I guess my question is -- and I don't know what obligation she would have had to have done that, but my question is, notwithstanding the fact that the county owns the existing site, what has the county done, if anything, to explore more suitable sites? And I would also request that the matter be continued for further input and further discussion by the seasonal residents once they return. Thank you. MR. MITCHELL: And the next one will be Linda Hinds following Mr. Sparks. MR. SPARKS: Ladies and gentlemen, the Commission, my name is Joe Sparks. I'm a resident of Pelican Marsh in Grand Isle for nine-and-a-half years. Before that I was in the environmental consulting and engineering business nationwide. Our company was ranked the fifth largest in the nation at one time, and I was a principal of that company. I'd just like to say that the consideration of this, I do feel -- and I agree with some of the previous people, that it should be continued to a later date. But having used the collection point probably an average of three times a year at the existing facility on the north side of the airport, I find that modest facility highly underutilized, and I think a portion of the money that you have allocated for this new facility next to the waste treatment plant, the water waste treatment plant on Goodlette would be better spent in an advising program to educate the people as to a very opportune situation to dispose of dangerous materials in a safe manner. The facility down there, in the 13 to 15 times I visited, was never Page 192 July 27-28,2010 at capacity. It was convenient off of Airport Road. It's in an industrial/commercial setting, certainly not within 3- to 500 feet of residences. It is certainly an idyllic situation. If you wanted to properly expand that situation with the proper building, right now it's in a very, shall we say, rudimentary situation the way it is. But as -- on my date on the 13th and the 15th of last month when I was there disposing of waste paint, batteries, electronic gear and so on, not only ours, but neighbors -- I take it along so they won't dump it in the trash -- I think an educational program so the people understand the importance of their community to dispose of these things properly and to protect their neighbors in the community from being exposed to these hazardous materials that can be disposed of in a free way properly by your government, I think that would be much more beneficial to the community, and I thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Linda Hinds, and she'll be followed by your last speaker, who is Jerry Thirion. MS. HINDS: Good evening. I, too, will make this very short because I think it's all pretty much been said. But the piece I think that bothers me most is that there doesn't appear to be a whole lot of strategic planning around this whole Collier County recycling effort. We feel -- I feel like there's a rush to judgment to build on this spot because the land happens to be available when, have we looked at the population within each county, off season, during season, the projected growth and population within each county, and potential sites for a recycling facility within each county. I think we -- for whatever reasons, you know, because there's been sort of this cloak of secrecy over this whole project, it appears, okay, from those of us who live in that area, that there's this rush to build it simply because that land happens to be available. I did a little informal, very informal, survey in different Publix Page 193 July 27-28,2010 markets, and I asked people, how often do they go down there. Not one person even knew that the airport facility exists, and many of them said, well, thank you very much, because now I know where to take all the stuff that I've been accumulating in my garage. So do we need another facility that's 15 minutes away? Most people said they didn't care to drive 15 minutes. What is 15 minutes? I timed it coming down here today. Fifteen minutes to that airport facility. If anything, improve the airport facility and look at other locations for building. And then I had a question because there was a comment made that, I think it was 500 feet -- there were no homes 500 feet west of the proposed facility. I'd like to know what that number is to the east, because you're really kind of sitting right there in Bay Colony. Thank you. MR. MITCHELL: Mr. Thirion is your last speaker. MR. THIRION: Good afternoon, Commissioners. Jerry Thirion, Bay Colony Golf Club. Being the last on the speakers' list leaves you little opportunity to be unique, so I'll just be -- I'll just be kind of repetitious here. I'm asking, like many others, for a continuance. The vast majority of the members at Bay Colony Golf Club and the residents are away and have been away since mid May. I'm receiving many questions about this program which, quite frankly, I can't answer. A lot of them I can. I attended the meeting in July and, of course, the presentation today, but there's still a lot of questions that I can't answer. As I understand from Mr. Hancock today, the program still has no final design, which I think is just going to continue to beg questions. So in summary, I would just say, what's the rush? Let's delay and have a continuance so that those that are most affected can attend and be heard. Thank you. Page 194 July 27-28,2010 CHAIRMAN COYLE: Thank you. (Applause.) CHAIRMAN COYLE: That was our last speaker? MR. MITCHELL: That was your last speaker, sir. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I'm going to probably ask staff some questions. What is the reason that we have to have 35 foot? Can you give me some indication on the height? MR. HANCOCK: In looking at efficiency of design -- and obviously Mr. Thirion's correct. The building hasn't been finally designed and can't be until this board chooses to fund the design of a building. But if you're going to invest in a facility such as this, you have the ability to use a second floor which will be much cheaper per square foot than building a facility elsewhere to handle additional administrative offices if required or thought to be required in the future. That's why a potential second floor is being contemplated for the structure. COMMISSIONER HALAS: That wasn't brought up in the neighborhood information meeting. MR. HANCOCK: Yes. We talked about building heights of35 feet, yes, sir. COMMISSIONER HALAS: Okay. MR. RODRIGUEZ: Excuse me, Commissioner Halas, to respond. I did bring up that we would have a second floor, and the reason is, we have a limited space there, and it's best-value to put that second floor. As we've learned on Marco Island and at the City of Naples at the airport site, we need that space for storage containers and product that we use to contain the merchandise we're sending -- not merchandise, but the waste materials that we send out. So in order to keep it efficient, clean, we need that additional Page 195 July 27-28,2010 storage area. COMMISSIONER HALAS: The other thing that surprises me is that when we -- when you advertised the neighborhood information meetings, we only had basically -- well, Jack Pointer was there and there was another couple there from outside, but we just had one neighborhood. Obviously, is there plans to make sure that they can be shielded to the point where it can't be seen? That seems to be the big problem, that they're concerned about the building being in a position where somebody might be able to see the building from their residence. MR. RODRIGUEZ: Yes, there are, Commissioner. As from the earlier renderings of the facility, we have slightly more acreage to deal with than we do on Marco Island. Marco Island was .8 acres. This is slightly larger, a little more than an acre, and that gives us a larger area to put a larger buffer. In addition, as Tim had stated, we plan to put a concrete based wall, not block wall, but actually a fence that's made out of concrete material, to cover that as well. Plenty of landscaping, absolutely. COMMISSIONER HALAS: Okay. The other thing is that we heard the story that -- or heard the complaint that all the citizens are gone. It seemed kind of funny that today we have a place that was overflowing with people in regards to when we were talking about the Jackson Labs. I can tell you that other neighbors up in the North Naples area, as I said earlier, are looking forward to an area so that they don't have to drive all the way down to Airport. Yes, right now you can make it down there in 15 minutes, but what we're trying to do is encourage people to get more involved in recycling and especially getting rid of sprays for the grass or old fertilizer or whatever else. This is an opportune time to get rid of those type of products at this center. And I'm going to make a motion that we go through -- carry on with this and that the -- that we go along with the recommendations Page 196 July 27-28, 2010 that have been set forth in our agenda. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas, second by Commissioner Fiala, to approve staffs recommendations. Question by Commissioner Henning. COMMISSIONER HENNING: Yeah, real-- oh, I thought I pushed my button. Tim, are you going to have to get DEP permits for this? MR. HANCOCK: Yes, sir. For this type of facility, Florida Department of Environmental Protection is involved in the permitting of the facility. COMMISSIONER HENNING: Okay. How long is it going to take you to get all your permitting complete? MR. HANCOCK: The -- we have to do a Site Development Plan through Collier County, and that cannot be completed until the FDEP permit is completed. COMMISSIONER HENNING: Okay. MR. HANCOCK: Generally you're looking at a nine- to 12-month window for permitting. All right, great. MR. HANCOCK: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I went over to see the facility at the -- at the invitation by one of the people who live in Bay Colony, and I met with a lady who is in charge over there and -- because I wanted to see for myself. The thing I was most concerned about was visually. And I'll tell you, I couldn't see anything through the trees, to be honest with you, and I tried, and I couldn't see -- I couldn't even see where the road was. In fact, I didn't even know which side of the house the road was on because it was so beautifully landscaped. It's just lovely in there. I'd never been in there before, just lovely. There was -- I asked her if there was an odor problem or Page 197 July 27-28, 2010 whatever. No, it really wasn't that. She said the thing that they were most concerned with is road noise. And so then I asked, well, how many vehicles, and she had understood 80 and -- so then today, I was going to ask you, but you already told us. I wanted to know how many vehicles on Goodlette-Frank Road. I mean, you have to have a comparison here. Is it 80 vehicles out of 200? That would be a lot of extra noise. But then you said it was 13,000 vehicles. Well, 80 out of 13,000, it's kind of like you don't even know they're there. I was going to try and figure out a percentage, but if it's -- and especially if these cars are just going on their way to work or something, they'd be vehicles that are already on the road, and that was what prompted my second, so I just wanted to tell you. CHAIRMAN COYLE: Okay. All in favor, please signify by . saYIng aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. The motion passes unanimously. Thank you very much. We have another time certain? MR.OCHS: Yes, sir, we do. We have a three p.m. time certain. CHAIRMAN COYLE: Three p.m. time certain. It is now 2:56. MR.OCHS: Yes, sir. How long does the board intend to go tonight, sir? CHAIRMAN COYLE: Six o'clock. MR.OCHS: Do we want -- you have one more time certain after this one, and -- Page 198 July 27-28, 2010 CHAIRMAN COYLE: Which one is that? MR. OCHS: That is 10E on the backflow preventer, unless you want to do that tomorrow. We can advise people now; that's why I asked. CHAIRMAN COYLE: Well, the question is, do you want to do the millage rate today or tomorrow? MR.OCHS: We can do it either today or tomorrow, sir. It's the pleasure of the board. COMMISSIONER FIALA: How many people do we have here waiting to speak on these other things? MR.OCHS: I don't know. CHAIRMAN COYLE: Okay. Well, I'm sure we've got people for the two time certains. MR.OCHS: Yeah. CHAIRMAN COYLE: Let's push hard to get the two time certains done. MR.OCHS: Very good. CHAIRMAN COYLE: Okay. MR.OCHS: Yes, sir. CHAIRMAN COYLE: So we'd ask staff to be brief. MR.OCHS: Very good. COMMISSIONER FIALA: Be brilliant, be brief, be done. CHAIRMAN COYLE: And be gone. MR.OCHS: Yes, sir. Three briefs are in order, staff. Item #10B RECOMMENDATION TO APPROVE THE AWARD OF RFP #10- 5455, MANAGEMENT SERVICES CONTRACT, FOR THE COLLIER AREA TRANSIT (CAT) FIXED ROUTE AND PARA TRANSIT PROGRAMS TO LIMOUSINES OF SOUTH Page 199 July 27-28, 2010 FLORIDA, INC./TECTRANS, INC. FOR AN ESTIMATED ANNUAL AMOUNT OF $6,092,167 - MOTION DELEGATING THIS ITEM TO A HEARING OFFICER WITH BOARD RATIFICATION AFTER A RENDERED DECISION; MCDONALD TRANSIT WILL BE RESPONSIBLE FOR COSTS ASSOCIATED WITH THE HEARING OFFICER - APPROVED MR. OCHS: 10C, recommendation to adopt a resolution establishing -- excuse me. lOB, three p.m. time certain. It's a recommendation to approve the award ofRFP 10-5455, management services contract for the Collier Area Transit fixed route and paratransit programs to Limousines of South Florida, Incorporated, Tectrans, Inc., for an estimated annual amount of $6,092, 167. Mr. Norman Feder, your Growth Management administrator, will present. MR. FEDER: Thank you. Mr. Chairman, Commissioners, I know you must be virtually tired by now, so I did intend to practices the three B's. I do want to tell you though we've got a very important item here. This is the consolidated contract for our fixed route and our paratransit services. Over the last five years we've had good ridership in transit, over a million passengers a year. With the economy, obviously we're down a little bit, but still well over a million. And with the paratransit services, your transportation disadvantaged, that demand has gone up. We went through a process in that we've had, for the last five years, McDonald Transit has been our provider or our contractor. They had a contract for three years with two one-year renewals, both of those have been exercised. And knowing that we're coming to the end of that contract, we went out in the process for a new RFP and for a scope of services that was developed, along with weighting developed consistent with FDA requirements and provisions, basically Page 200 July 27-28,2010 to acknowledge what we've learned about the system and where we need to go. The emphasis throughout was maintain the good level of service that we have now or to enhance, and that's very, very important to us, and it was the guiding principle. The initial RFP went out March 15th of 20 1 O. It was sent out to 286 firms; 49 packages were pulled or downloaded. We did receive five proposals. And before the orals, one did pull out. You had a review committee that was multidisciplinary, you had two from the Growth Management Division. You had your transit manager as well as your director of engineering construction. You had a representative from HR, from the Clerk of Courts, and from your grants management. So you basically had all the entities that deal with a lot of these issues from federal grants and for service . . prOVISIon. That group did meet, very diligently went through the process. They each received a package almost equivalent to one of your two notebooks that you have today, each of the four that's submitted. There's extensive effort on that. They followed your process, met, and selected Tectrans as the number one, McDonald, two, MV, number three, and Nationwide Transit Systems as number four based on their ranking, both from the proposals provided and from the oral presentations. We came to you the last board meeting ready to bring this issue to you. We had received a protest as the purchasing policy provides that they can protest to you after the purchasing director's reviewed. Purchasing director did review the whole process, evaluated along with the information from the protest, and found that everything had been followed correctly, and our recommendation to you was to, as it is today, to award to Tectran. At that meeting, in part of that process of the protest, it was identified that one of the reviewers had scored -- and the score was Page 201 July 27-28,2010 supposed to be on a hundred basis -- had scored a hundred basis on the RFP proposal itself, and then in the orals had added some scores and didn't justify back, as all the others had, down to a hundred score based on any thoughts that they had and changed from just the review of the proposals and the orals. With that, the purchasing department reconvened the selection committee. All the members of the selection committee maintained their scoring. The one member who had scored over a hundred expressed that there was -- intent was to score at a hundred. They went back and rescored at that meeting where both of your vendors, actually your third as well, MV, was there, and had the opportunity to speak again to everybody. That didn't change the scoring, and the ranking remains the same. Our proposal to you is to award to Tectran, and I do know that you have both vendors here. You have the representative and their process rights under your purchasing policy to express their protests to the recommendation, and you also have a lot of members of the community who are clients in the transportation disadvantaged or paratransit, who need to be assured that our intent is to maintain good service, however the board decides to move forward. CHAIRMAN COYLE: Thank you. County Attorney, can you review for us the legal elements in overturning a selection by the selection committee? MR. KLATZKOW: Well, you really have two choices here in reviewing this. You may adopt a decision of the purchasing director on the protest provided you find that the award is consistent with the county's purchasing policies, that the award was based on the criteria set forth in the bid documents, and you have those bid documents. I made sure that they were given to you, both the RFP and the packages that were presented, and that you find that decision was not arbitrary or capricious, designed as to fraudulent. If you find all that, you may simply go with the recommendation Page 202 July 27-28, 2010 of staff and award the contract to the Tectrans. However, if you find that this did not take place, you do have the right to decide to do a de novo hearing and hear the entire thing. If you're going to do that, it's more than just McDonalds and Tectrans. It will be all the bidders, and you'd have to bring everybody back here at a noticed hearing, or you could decide to simply shift that to a hearing officer and use that procedure. CHAIRMAN COYLE: Okay. How many speakers do we have? MR. MITCHELL: Sir, we have 12 speakers. CHAIRMAN COYLE: Okay. We're going -- to Commissioner Henning, you want to ask a question first? COMMISSIONER HENNING: Yeah, briefly. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Is there a representative from T ectran here? MR. FEDER: Yes, there is, sir. COMMISSIONER HENNING: Speaking for the company? Because I do have questions. MR. THORNTON: Good afternoon. I'm Chris Thornton with Becker & Poliakoff. I have signed up to speak and I have a presentation. I'm also joined by Mark Levitt of Limousines of South Florida and Brian Sullivan from Tectrans, the parent company. We're all available to answer questions if you have them. MR. KLATZKOW: Mr. Chairman? COMMISSIONER HENNING: I don't want a -- I don't want a presentation. I just have a question. Are you -- are you representing T ectran? MR. THORNTON: I do represent Tectran. COMMISSIONER HENNING: Is your company going to give the existing employees the availability to continue with their present job? MR. THORNTON: Yes, sir. We have committed to the Page 203 July 27-28, 2010 purchasing department and to the county that we will attempt to hire all of them that we can that meet our hiring policies and will engage all subcontractors that we can. COMMISSIONER HENNING: Now, will they be hired at the same pay as -- MR. THORNTON: I'll ask Mr. Levitt to answer that question. COMMISSIONER HENNING: Mr. Levitt, stay up there because I have more questions. MR. LEVITT: Mark Levitt, Limousines of South Florida president, and also vice president of Tectrans. We are going to hire the existing drivers at the same pay rates. There is a union contract. We've already been in touch with the union and have committed to the union. COMMISSIONER HENNING: And are you going to -- now, what about their present benefits? Are they going to keep their present benefits? MR. LEVITT: They will continue, yes. MR. KLATZKOW: That's the only questions that I have. MR. LEVITT: Okay. COMMISSIONER HENNING: Thank you. MR. LEVITT: Thank you. CHAIRMAN COYLE: Okay. Who is actually challenging this award? COMMISSIONER HENNING: McDonald's. MR. FEDER: McDonald, who has the current contract and came in two on the selection committee. CHAIRMAN COYLE: Okay. And are the people who are speaking going to speak in favor of McDonald, or are they going to be speaking in favor of Tectran? MR. FEDER: I'm not sure, sir. I do know that, consistent with your purchasing policy, McDonald does have the ability to come up and express their appeal of both the committee's decision and your Page 204 July 27-28,2010 purchasing director's review and findings in support. CHAIRMAN COYLE: Well, that's just the point. MR. FEDER: Yeah. CHAIRMAN COYLE: So we're going to have public testimony, people are going to come up here and provide us evidence, evidence, that the selection was not made in accordance with the RFP and it was not capricious; it was done in conformance with our laws. Now, opinions about how good a job people did and things like that are going to be irrelevant in this hearing. It is only important that you provide us with evidence that this award was made improperly. And if we agree with you, what we're likely to do is to have this whole thing reviewed, because we will not make a decision to reverse it without having input from all of the other bidders. That would be unfair. So let's start with the first -- first public speaker, and please stick with facts that indicate that the bid was improperly made. Okay? MR. MITCHELL: Sir, your first speaker is Chris Thornton, and your second speaker is Patrick White. MR. THORNTON: Good afternoon. Thank you. I will keep it short. I'm Chris Thornton with Becker and Poliakoff. CHAIRMAN COYLE: I thought you were representing Tectran. MR. THORNTON: Tectran is representing Limousines of South Florida, which is a wholly owned subsidiary of Tectran. They're the proposed awardee. CHAIRMAN COYLE: Okay. But you're not protesting the award? MR. THORNTON: I'm not protesting the award. We feel that the process has been properly followed. We think that you should support your selection committee's recommendation. They put a lot of time and effort into making sure all the T's were crossed and I's were doted. Your staff did a lot of work on this as well, and we hope that you will respect their recommendation. Page 205 July 27-28, 2010 This went back to the selection committee twice. Both times this recommendation was made. The awardee has a strong record in Florida of fixed transit services to local governments, and that's evidenced in their RFP submittal and in the recommendation that they received. There -- I think that some of your speakers are concerned that the service is going away, that we're talking about having the service go away. That's a misimpression they've somehow gotten. We're here. We -- excited about servicing this contract, and we intend to enhance the services that they receive. And as we discussed, we'll be engaging the drivers and the subcontractors that meet our standard hiring qualifications and -- as stated. I was, Mr. -- I'm not sure -- there are -- you know, this packet was pretty big because McDonald has filed some objections, which were adequately dealt with by Mr. Carnell in his denial. We fully support Mr. Carnell's decision in denying the protests. Mr. White was kind enough -- Mr. White's counsel for McDonald -- kind enough to share with me in the hallway a few minutes ago that he filed a new protest yesterday . We hope that you will wrap this all up, deny protests, and decide to award the contract today to Tectrans and Limousines of South Florida. CHAIRMAN COYLE: Okay. Thank you very much. MR. THORNTON: Thank you. CHAIRMAN COYLE: Now, how many people are here to speak because they're concerned that the transportation service is going to be terminated? Nobody? All right. Let's go with the second speaker. MR. MITCHELL: Sir, your second speaker is Patrick White, and he'll be followed by Stan Feinsod. MR. WHITE: Mr. Chairman, Commissioners, Patrick White, representing McDonald Transit, Incorporated. We have with us today Stan Feinsod, who's the chairman of the Page 206 July 27-28, 2010 board, Mr. Robert Babbitt, who's the president of McDonald Transit, and Carlos Rivera, who's the general manager. I'm going to ask to be able to split my time because there are some procedural issues that I think you need to be made aware of, the nature of which, depending upon how you choose to deliberate at the end, I may ask to reserve some time to come up and address you at that point. Part of the difficulty here is that the system is designed very well to keep us from talking to you, for all of the very good reasons, that there should be no lobbying, et cetera; however, it is therefore also very difficult to be able to present to you anything in a meaningful manner that deals with how it is that our protest, originally filed, and the one that we timely filed yesterday should be addressed, and I will only address that additional protest to the degree of our view of it. Your RFP in Section 17 has, in addition to the purchasing policy, protest procedures. One of those very key points for a point of entry into the protest is the posting of a recommended award. That recommended award was posted to the purchasing website on July 15th. Under the rules we had two working days to file a notice of intent to protest. Timely filed. Within five working days thereafter, we had the opportunity file a written protest. I filed that yesterday. It was the fifth day. I would have liked to have done it sooner, but for personal reasons, due to my health last week, could not physically get it in any sooner. Now, we had sought certainly to have the posting occur well in advance so that we would not end up with a train wreck where I'm standing before you looking as if I have handed something to the staff literally the day before either to try to create an appellate issue or some other aspect that would cause a delay in these proceedings. I'll conclude my remarks at this point except to say that we do not agree with the staffs recommendation. We do not agree with the way that things were handled in the actual protest decision, have concerns Page 207 July 27-28, 2010 about those, as well as the issues that were raised based upon the reconvened meeting that took place on June 28th, and that's what the additional protest pertains to. It's all of the concerns about how we got to that meeting, what happened at the meeting and things that happened after. And I think that if we were to try and have this board hear and understand the totality of concerns we have without that being part of the process, it would prejudice my client's interests and rights. So let me just step aside for now unless there are some questions I can -- CHAIRMAN COYLE: Based upon what you've told us, Patrick, this is a complex process that is going to take a fair amount of time and research and to try to determine people's intent in applying the selection factors in the RFP. I'm going to ask the commissioners here if you would prefer to have this sent to a hearing officer and let the hearing officer look at this thoroughly, because we're not going to be able to do this on the fly today. COMMISSIONER HALAS: I second it. CHAIRMAN COYLE: Okay. Okay. Question by Commissioner Coletta. COMMISSIONER COLETTA: Yes. There's going to be a cost associated with that. Who pays for it? CHAIRMAN COYLE: County Manager -- or County Attorney? MR. KLATZKOW: Purchasing policy-- CHAIRMAN COYLE: You've got plenty of money in your budget anyway. MR. KLATZKOW: Oh, no. MR. WHITE: My client's willing to-- MR. KLATZKOW: Purchasing policy requires that the protestor -- I believe it's $1,000, put that up initially. The cost may be higher than that. I guess at the end of the day, the County Manager's Office Page 208 July 27-28, 2010 will have to bear any extra costs on that. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I have reservations about bearing the extra cost. CHAIRMAN COYLE: It's going to cost a lot of money if we go through it. I'll tell you, my bill's going to be a lot higher. COMMISSIONER COLETTA: No. That's what I'm talking about, if we have to pay for it. CHAIRMAN COYLE: No. We're not going to pay for it. COMMISSIONER COLETTA: Okay. Well, in that case, I'm all for it. MR. WHITE: Mr. Chairman, if it help the board, at the other podium is Mr. Stanley Feinsod. He's the chairman of McDonald, and he may have some remarks that would assist in your deliberation. I'd ask that he be indulged. MR. FEINSOD: I would -- I appreciate the motion you just made, and I have no objection to it. I think that's a good idea. I just wanted to say one thing. The dialogue that occurred a few minutes ago with the commissioner and the Tectrans representative kind of underscored one of the issues. In their proposal they said that they would offer the county our staff. It's a group of people that we worked very hard to make very good, and I think the results are obvious, five years of very good service to Collier County. They offered to give you their staff. Commissioner said, are you going to give us the staff that McDonald has hired and trained, and they said yes. He said, will they have the same salary? They said yes. And he said, will you -- will you have the same subcontractors, and they said yes. I must tell you that those answers are completely inconsistent with the proposal that they -- that they made to Collier County which proposed different things on all three of those -- of those things. Page 209 July 27-28, 2010 And lastly, I just want to say that if you're going to change from one contractor to the other, you would do it certainly not because of the people, because they'll be the same people, but because of the reputation and experience of the company. And in this case, the process that went through this committee ended up with a selection that said, in experience, that Tectrans had higher -- was higher rated than McDonald, the 40-year-old company with over 30 contracts in the United States doing fixed transit. And when the lawyer says that arbitrary means this is not supported by facts or logic, I would say that the experience rating casts a long and deep shadow over this process. Thank you. CHAIRMAN COYLE: Okay. MR. WHITE: And I only thought he was going to offer to help pay, Commissioner. CHAIRMAN COYLE: I'm sorry? MR. WHITE: And I thought he was going to offer to help pay for the hearing officer. CHAIRMAN COYLE: Well, that's what he said. He said, whatever it costs we'll pay for it. So the motion has been made. It's been seconded. What I just heard emphasizes to me that that is the best way to proceed because there's a lot we have to do here. Go ahead. MR. KLA TZKOW: I just want to make sure we're on the same page. My understanding is that they, McDonald's, will be paying for the hearing officer. CHAIRMAN COYLE: Yeah. As part of the motion? We're not doing this again. I mean, when the hearing officer makes a decision -- COMMISSIONER HALAS: That's that -- CHAIRMAN COYLE: It's over. Page 210 July 27-28, 2010 MR. KLATZKOW: I mean, it's over at that point in time. If they want to appeal that to the Circuit Court after that, it's not going to come back to the board is what I'm getting at. MR. WHITE: Well, my understanding is that there would be a recommendation from the hearing officer, a determination, in essence, and that that would be brought to the board. It would be effectively the disposition of the protests. The board would still have the -- CHAIRMAN COYLE: Well, that still puts-- MR. WHITE: -- recommendation to approve. CHAIRMAN COYLE: That still puts us in the position of having to go back and hear all the same testimony and determine whether or not we reach the same conclusions, and that's not my intent. You have to understand how difficult it would be for us, the five of us, to sit up here in public and follow through the entire RFP here and try to understand how it was interpreted by the selection committee and how you objected to that interpretation. So it is an extremely complex process. It needs someone who can devote a lot of time to going through those records and determining what went on. MR. WHITE: I'm not -- CHAIRMAN COYLE: It should not be a political process. And so the motion is to send it to a hearing officer who will make a decision and dispose of the issue at that point in time. And if it means it goes out for bid again, then we certainly will make sure it goes out for bid again. And, you know, the difficulty we're having right now in this discussion is a perfect example of how we're going to get mired in this process if we don't do it that way. MR. FEDER: Mr. Chairman, if I could, just a couple of things before you move on the motion. And obviously we're going to follow the board's direction. Page 211 July 27-28, 2010 First of all, this contract ends at the end of September, and the issue was to -- even with the last meeting -- was to try and get things moving for transition. Our concern is, whoever ends up with this contract, that we've got good services to our riders. The other thing I will tell you, I think you started off the discussion with the fact that we have a process, and was there anything arbitrary and capricious, was there anything that the review committee didn't do in reviewing these things that they should have? That was reviewed thoroughly by your purchasing director, as is provided for in your policy. I can also tell you that I review it as best I can, but I asked Len Price, who is over that area, to review all the records and everything, which she has done as well. I'm not sure where there's arbitrary or capricious. We will follow your direction, go to a hearing officer. Time is of the essence, and we're very concerned that what we're doing is delaying for issues that I have not yet seen in what they've written, a single issue that goes to the fact that the process was not followed. CHAIRMAN COYLE: That's what the hearing officer's going to find out. Now, the -- I don't know why we should be concerned about service. Apparently we're using the same staff no matter which contract we select. So let -- MR. FEDER: Well, clarification on that. Obviously when you have a contractor, if you have drivers in the area, they're not going to bring in new drivers if, in fact, those drivers meet the criteria and want to continue to work. CHAIRMAN COYLE: Yeah, but it raises a whole set of questions about, how can you propose that you're going to take his employees -- MR. FEDER: No. What you do is you -- CHAIRMAN COYLE: -- and you rate them as far as experience is concerned? This is way more complex than either you or Patrick Page 212 July 27-28, 2010 are telling us, and somebody needs to dig into it and understand it a li ttl e better. MR. FEDER: Well, with all due respect, Commissioner, just to make sure this board understands. CHAIRMAN COYLE: Okay. MR. FEDER: When it comes to the drivers and it comes to a lot of the staff folks, whatever management firm you bring in -- and even in the proposals, correctly said, that they would try to work with the staff if they meet their criteria. They are bringing in their own proj ect manager, one that we haven't had the last two years with McDonald's, and so they are bringing in other staff that is not going to be the staff of the prior, and that's what they were rated on was the management staff. CHAIRMAN COYLE: Okay. I got it. Commissioner Henning, you have a question? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Or comment? COMMISSIONER HENNING: We need to end this, and I just see us going back and forth from the podium. The question is, I think that we need to approve this contract, give McDonald's the opportunity to protest under a certain period of time under a protest if they pay for the hearing officer. And if that hearing officer adheres to staffs recommendations, then it's all over. But I don't think that we can delegate to a hearing officer about approving a contract or not. MR. WHITE: That was my point to the chairman. I wasn't trying to suggest that -- COMMISSIONER HENNING: Okay. Mr. -- with all due respect, I think you've had your time. MR. WHITE: I only wanted to make two more points, then I'll sit down. CHAIRMAN COYLE: Well, that's a question-- Page 213 July 27-28, 2010 COMMISSIONER HENNING: Here we go. CHAIRMAN COYLE: That's a question -- MR. WHITE: Well, just one is -- COMMISSIONER HENNING: No. And I want to speak to my attorney. CHAIRMAN COYLE: Yeah, that's right. This is a question to our attorney. MR. KLA TZKOW: See, this is the issue, because we keep going around and around and around. If we're going to send them to a hearing officer only to come back to you, there's no point in coming back to you if all you're going to be doing is stamping it approved. If you're actually going to take a look at it, then he comes back and starts arguing again why you shouldn't be doing this. So my suggestion is, if you want to get it to the hearing officer, that that's it. Whatever the hearing officer's decision is on this one, that's who gets awarded the contract. And there are counties who do this, who do not -- on these bid protests, they avoid going to the Board of County Commissioners. COMMISSIONER HENNING: Okay. My issue is, do we need to approve the contract as part of the motion with stipulations, or do we allow the hearing officer to approve the contract? MR. KLATZKOW: You can approve the contract now if you want, you know, and then he can go to the hearing officer, or you can simply, in essence, delegate to the hearing officer, under the same parameters, was this -- was staffs decision arbitrary or capricious, if the hearing officer finds that it wasn't, he's going to award it to the Tectrans. If the hearing officer -- COMMISSIONER HENNING: Well, I'm -- just to cover our bases, if the motion maker would approve staffs recommendations, set a time on when McDonald's can protest this, because we don't want to keep this going on forever. And then the policy -- the purchasing policy under a hearing Page 214 July 27-28, 2010 officer protest, Len -- I don't see anything else -- are we -- do we need to do something here? MS. PRICE: Commissioners, this is a little bit outside of our standard protocol. Generally we would use a hearing officer instead of the purchasing director, and generally that's at the discretion of the county manager, and that was a provision that was put into the policy in the event that for some reason the purchasing director had some type of a conflict of interest and could not hear it without being, you know, biased in one way or the other. COMMISSIONER HENNING: Okay. MS. PRICE: After -- after that, the protestor would have a second opportunity if they didn't come to agreement after the hearing officer, to go to the Board of County Commissioners for a final decision. So this is actually -- COMMISSIONER HENNING: Right. MS. PRICE: -- inserting the hearing officer instead of the protest before the County Commissioners. COMMISSIONER HENNING: Well, then I would prefer to approve the contract, or approve staffs recommendations, subject to the purchasing director's review of the written protest. MS. PRICE: That's already been done. MR.OCHS: There's another protest. COMMISSIONER HENNING: There's another one. MR.OCHS: There's a second one. MS. PRICE: The written protest was responded to. What hasn't been responded to because, again, it is completely outside of our protocol. We reconvened the committee based on information that came to us after the protest, which is generally not something that's done. We reconvened-- MR. WHITE: I dispute that. MS. PRICE: -- the committee, they relooked at it based on information brought to us at the last board meeting. Page 215 July 27-28, 2010 MR. WHITE: I'd, again, dispute that. MS. PRICE: And then they came to a final decision, and that is what we're bringing to you. We don't have a protocol, so it's going to be up to you to direct us on how to deal with-- CHAIRMAN COYLE: Well, that's what we're trying to do, okay? MS. PRICE: -- an additional protest. CHAIRMAN COYLE: We're trying to direct you, okay? Now, if you'll let us do that, we'll get on with business. All right. Now, let's say if we can't resolve the issue that Commissioner Henning brought up. Why can't we just delegate the decision to a hearing officer, and then we can ratify the decision once the decision is made? MR. KLATZKOW: You can do that. CHAIRMAN COYLE: Okay, all right. And so, if that will solve the problem, that gets us as the final decision-making authority, and we're -- I want to take it out of the hands of the staff because that's where the disagreement is. And if we have the staff go through the process of reviewing their own procedures again, then we're not resolving the problem. So I think what we've decided is the right way to do it, is we send it to a hearing officer, and then once the hearing officer makes a decision, we will ratify that decision. Okay. Is that all right? COMMISSIONER HENNING: And McDonald's going to pay for the hearing officer? MR. WHITE: Yes, sir, that was one of the two points I wanted to make. CHAIRMAN COYLE: Okay. All right. COMMISSIONER HENNING: And the time frame of? CHAIRMAN COYLE: Twenty-four hours. COMMISSIONER HENNING: Okay. Sounds good. I'll second Page 216 July 27-28, 2010 that motion. MR. KLATZKOW: Just for the record-- MS. PRICE: Commissioners, if I might. CHAIRMAN COYLE: No. MS. PRICE: This contract is going to expire on September the 30th. CHAIRMAN COYLE: I don't care. MR. WHITE: My second point. CHAIRMAN COYLE: It's going to get done before then. If they -- if they don't get a hearing that will change the decision, you will implement the contract, okay . You've already awarded it to. MS. PRICE: We have-- CHAIRMAN COYLE: -- to Tectrans. Well, you've suggested awarding it, and that's here, and the expiration date is when? MS. PRICE: September the 30th. CHAIRMAN COYLE: Okay. MS. PRICE: That would only give us two weeks to transition if McDonald does not get the award. MR. WHITE: My second point, Mr. Chairman, was -- CHAIRMAN COYLE: Come on. You can transition in two days. MR. WHITE: -- my client has authorized me to offer an extension under the present terms so -- MR.OCHS: Sure. CHAIRMAN COYLE: No. We want it resolved before-- MR. WHITE: So do they. CHAIRMAN COYLE: -- before the first of September, okay. And Commissioner Halas has a question or a comment. COMMISSIONER HALAS: County Attorney, if we go through the hearing officer phase, this comes back to us, are we going to be in the same boat we are today? Because it's going to end up in court, don't you think? This whole thing's going to end up in court? Page 217 July 27-28,2010 MR. KLATZKOW: If you get a proper hearing officer, they'd be wasting their time. But at the end of the -- COMMISSIONER HALAS: Who's going to be wasting their . ? time, us. MR. KLATZKOW: No, whoever gets the adverse decision will be wasting their time if the hearing officer does his job appropriately, all right. But having said that, my understanding, it's coming back and you'll ratify the decision, and that will -- and that should be the end of it. COMMISSIONER HALAS: And what time frame are we going to get this done so that we can make sure that we have continuity between the -- if the hearing does the -- goes through the same system or something and he comes up to where T ectran gets the contract, when is -- when's this hearing officer (sic) going to take place and when is this going to get done so that we can have some kind of a transition? CHAIRMAN COYLE: First meeting in September. MR. KLATZKOW: That's what we're going to aim for. CHAIRMAN COYLE: That's right. COMMISSIONER HALAS: Okay. Because I just don't want to see us wasting staff time and everything else if this thing's going to end up in litigation. If this is not the end of it, then I can't see where we should be wasting a lot of staff time, because I'm sure it's going to cost more than what they're willing to step up to the plate and pay. MR. WHITE: We'll certainly do our best to accommodate the process and get it in by the first meeting. Some of us actually, like you, have planned for vacation, but we will work with the staff and the County Attorney's Office to find an appropriate hearing officer, get things on the calendar, and get them moving. COMMISSIONER HALAS: Then my second still stands. CHAIRMAN COYLE: Okay, all right. All in favor, please Page 218 July 27-28, 2010 signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It's done. N ow we have one more time certain. MR.OCHS: Yes, sir. CHAIRMAN COYLE: And that's a time certain for what, 3:30? MR.OCHS: It's a four o'clock time certain. CHAIRMAN COYLE: Four o'clock, okay. MR. OCHS: So we're losing ground. CHAIRMAN COYLE: We're early. MR.OCHS: Yes, sir, we're early. It's only 3:30. Item #10E RECOMMENDATION TO RESCIND THE ADMINISTRATIVE STAY OF THE REQUIREMENT FOR REDUCED PRESSURE BACKFLOW PREVENTERS ON FIRE SERVICE LINES, AND REQUIRE RETROACTIVE IMPLEMENTATION OF THE REQUIREMENT TO JUNE 8, 2010 - MOTION TO CONTINUE UNTIL AFTER DSAC RECOMMENDATIONS HAVE BEEN HEARD AND BY THE FIRST BCC MEETING IN SEPTEMBER, 2010 - APPROVED MR.OCHS: This is Item tOE. It's a recommendation to rescind the administrative stay of the requirement for reduced pressure backflow preventers on fire service lines and required a retroactive Page 219 July 27-28, 2010 implementation of the requirement to June 8, 2010. COMMISSIONER HENNING: You know, before we get into a big presentation on this one, these seem to be very lengthy, these presentations. I would like DSAC's recommendations prior to the board making this decision. That's what we had directed. We don't have their recommendations, so I'm going to make a motion to continue this item. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: I've got a problem with this. I'd like to hear staffs side of the story on this. I believe when this came before the commission -- COMMISSIONER HENNING: Sir, can we take that conversation outside back here? I can't hear Commissioner Halas. CHAIRMAN COYLE: Okay, sorry. Go ahead. COMMISSIONER HALAS: I believe that came before the Board of County Commissioners on July -- or June 8th or 9th, whatever it was. And I don't believe staff got their fair time to go -- give us a presentation on what we -- what has been found in the community, and I believe that we need to give staff equal time to come forward and give a quick presentation on some of the problems that have been found in the community. COMMISSIONER HENNING: I believe they are due their ample time after we get DSAC's recommendation. CHAIRMAN COYLE: Let's -- and I tend to agree. And let me -- let me ask staff. There are two issues here. One is the metering of the fire water supply and the other is the backflow preventers. MR. MATTAUSCH: You understand that absolutely correct. CHAIRMAN COYLE: Okay. Now, do we have -- we've got -- we've got some people represented here. Do we have someone who can speak for the DSAC? Okay. And your name? MR. HURST: David Hurst. CHAIRMAN COYLE: David, could you come up to the Page 220 July 27-28, 2010 microphone, please? MR. HURST: Yes, sir. CHAIRMAN COYLE: I want to -- want to ask you -- well, first I want to ask Paul Mattausch. Have you agreed to postpone the metering of the fire water? Fire water. That sounds like something you drink, right? MR.OCHS: That's right. COMMISSIONER HALAS: We need some about now. CHAIRMAN COYLE: Yeah, I need some fire water. MR. MATT AUSCH: Yeah. For the record, Paul Mattausch, the director of the Water Department. CHAIRMAN COYLE: So you've agreed to postpone that issue? MR. MATTAUSCH: We have agreed to postpone the fire water. CHAIRMAN COYLE: So your issue is only with the backflow preventers. MR. MATTAUSCH: That is correct. CHAIRMAN COYLE: And what is your concern about backflow preventers? MR. HURST: For the record, David Hurst, WilsonMiller, stand (sic) tech, representing DSAC. DSAC's contention is that we didn't have enough time to review this, this latest report. Essentially -- and I can give you a quick timeline. On July 21 st, approximately four hours prior to our three o'clock meeting, we received a report from public utilities dated July 6th in which it supported their request to rescind the Board of County Commissioners' administrative stay of the reduced pressure assembly. And it gave us four hours to review the report before we met with public utilities at the DSAC meeting. At the meeting we didn't feel -- trying to kick it around, we didn't feel like we had enough discussion to where we felt like this item had been properly vetted, not only with DSAC, but with local fire districts Page 221 July 27-28,2010 as well as the industry. To that end, I was requested to propose a motion to the board from DSAC with the recommendation. And if you'd like to hear it, I can go ahead and read that. CHAIRMAN COYLE: Oh, that's all right. I understand. You were -- you just were looking for some more time -- MR. HURST: Yes, sir 90 days. CHAIRMAN COYLE: -- to do the evaluation? MR. HURST: And to set up a subcommittee, which we have already established. And I think the first date is August 13th. CHAIRMAN COYLE: Okay. Now, our Water Department's concern is that backflow preventers are a safety measure. COMMISSIONER HALAS: Health, safety. CHAIRMAN COYLE: And it's sort of critical that we make some decisions with respect to that. And if we improperly extend that decision and something happens and somebody gets sick as a result of unintended -- or backflow, then we could be liable. So, now, what I don't understand is, why does it take 90 days for you to develop a position on backflow preventers? MR. HURST: Well, if I might be clear. There seems to be an impression that there is no backflow prevention in Collier County. CHAIRMAN COYLE: Yeah, well-- MR. HURST: The current standard that Collier County uses is compliant with A WW A requirements as well as Florida Administrative Code. It's a double detector check assembly on dedicated fire lines. That's the standard. It's working. The other fact I'd like to point out is, if we have a problem tomorrow and this gets approved today, the current ruling would not affect the existing system because it's in the future. It's not retroactive. CHAIRMAN COYLE: That's right, yeah. MR. HURST: So what we're talking about is asking for a specific period of time to evaluate it with the industry and the fire Page 222 July 27-28, 2010 districts, who are supportive, I might add. CHAIRMAN COYLE: And who -- why can't you get it done in less than 90 days though? MR. HURST: Ninety days was just the amount of time that we agreed on. You know, if the board were to direct us to do it sooner, you know, we'd do everything in our power to do that. CHAIRMAN COYLE: Well, I would -- I would think we should be able to get this resolved and back to the board the first meeting in September for us. MR. HURST: Okay. CHAIRMAN COYLE: I don't know why it would take longer than that. MR. HURST: Well, currently what we're looking at is a subcommittee of approximately 11 people, and that consists of people from the industry as well as county staff, as well as DSAC as well as the fire district. So in some sense it's herding cats. But, again, we would do everything we can to expedite that. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I think that at one time DSAC had a subcommittee for this, and they said, well, this is not really in our purview. We're just going to drop it. And I believe the water department tried to get some stimulation from DSAC to help them in regards to addressing this particular issue. And it's my understanding that you haven't been forthright in making sure that those problems were addressed as -- am I pretty much on the paper here? MR. HURST: I'm not quite sure I follow you. COMMISSIONER HALAS: Okay. Paul, haven't you made some gestures for -- to get DSAC to make some -- to get together to come up with some proposals? MR. MATTAUSCH: DSAC, back in 2006, decided to disband the subcommittee that was -- the utility code subcommittee because Page 223 July 27-28, 2010 the members of the DSAC didn't have time to do that. We requested that they continue that subcommittee, and it was determined at the following meeting that they would disband the committee. COMMISSIONER HALAS: And have you made any overtures to them in regards to trying to get someone to work with you in regards to addressing this issue? MR. MATTAUSCH: We -- we prepare a report to them on a monthly basis, and so a lot of these issues do get reported to them. A couple of the members of the DSAC have been on and off a quasi-subcommittee that we have continued because the utilities felt that was important. So at times there have been one or two members of DSAC on that committee. COMMISSIONER HALAS: Okay. My final question is, this is a health, safety problem; is that correct? MR. MATTAUSCH: That is correct. COMMISSIONER HALAS: Okay. So we (sic) need to do is get some clarification and get some agreement by the first meeting in September. Can that be done? MR. HURST: I will do everything I can. COMMISSIONER HALAS: Well, we've got to make sure that we get this taken care of because backflow preventers are -- in regards to -- where people tap in, whether it's irrigation or whatever else, and that's into the drinking water supply, and that's the biggest problem I think that we're concerned about is making sure that we do not have a health, safety, welfare problem here with the water system, okay. MR. HURST: If I might expound on that a little bit. I don't think that we don't have a system in place to address that, and that's the concern is that we're leapfrogging into a requirement that's going to have other implications, cost implications down the road, and they haven't been properly vetted. There has been some discussion on it. There's some disagreement as to whether or not the county views Page 224 July 27-28, 2010 it as a no-impact proposal, and the truth is that to the industry there is an impact associated with it, and that's another reason why the fire districts are interested. And so that's why we feel it's properly vetted. As far as health, safety, welfare goes, this is, again, standard of the industries, A WW A approved, and also Florida Administrative Code approved, what is currently in place, not the RPZ requirement, which is also approved by those agencies but is also considered an upgrade. COMMISSIONER HALAS: Okay. MR. MATT AUSCH: Addressing the first meeting in September, if you would place an administrative stay on the approval of any plans that would be submitted between now and then, in fact, from June 8th through that date that we can come back to you, we would be willing to do that. COMMISSIONER HENNING: That's not a part of my motion. Here we are in an economic crisis, and you want to make it worse? COMMISSIONER HALAS: How can -- explain how this could make it worse, Paul, or somebody, or maybe you could tell us how it would make it worse. MR. HURST: In general terms -- I think each project needs to be evaluated on its own merits. But in general terms the reduced pressure device has an additional pressure loss across the device that's not typically in place with the double detector check, which is currently a requirement. That additional pressure loss requires you to upsize the water main to get adequate pressure to the building. And potentially, depending on the length of the water main or the losses between point A and point B, you might require a fire pump where you normally wouldn't need one. COMMISSIONER HALAS: Wait a minute. I'm under the -- I'm under -- the staff has briefed me on this that -- saying that we presently provide 40 PSI in the line. And my understanding, by Page 225 July 27-28, 2010 researching this device, that the most that we would probably lose would be 5 PSI. MR. HURST: That's incorrect. COMMISSIONER HALAS: It's incorrect? Okay. MR. HURST: It's 12 to 14 typically for an RPC. COMMISSIONER HALAS: And that the state requirement is only 20 PSI. So what we've already done is double it. Now, I've -- maybe the information I got about the backflow valve was that it was only going to acquire (sic) an additional 5 PSI, which would take you down to 35. You're saying it takes us down to what, 14? MR. HURST: Yes. Well, let me back up. I think what you -- what your understanding is, it's 5 additional PSI to a double detector check, which is pretty much the case. COMMISSIONER HALAS: Ifwe provide 40 PSI and the state requirement is 20 -- MR. HURST: At the building. COMMISSIONER HALAS: -- at the building. So what's -- MR. HURST: Right. You've -- you're now at 28, right out of the bat -- COMMISSIONER HALAS: You're still above the state requirement. MR. HURST: And you still -- you have 8 PSI to get from your backflow preventer to the building. And if you don't achieve that, then you have to put in a fire pump. I did a quick calculation based on, if we have 20 PSI at the building, assuming -- COMMISSIONER HALAS: No, you've got 40 PSI to start with without a backflow. MR. HURST: That's at the tie-in point. COMMISSIONER HALAS: Okay. MR. HURST: You need 20 PSI at the building. If you have 20 PSI at the building and you need 7 PSI delivery for the sprinklers, Page 226 July 27-28, 2010 what you end up with is -- I did the math. I think it was two stories. You get two stories without a fire pump. And then after that you need a fire pump with the current scenario, current system. One of the fire sprinklers that I spoke of, I think it was about four stories is what's required -- COMMISSIONER HALAS: What am I missing here? I thought we have the 40 PSI to start with. Can someone straighten me out on this? MR. MATTAUSCH: That's correct. There's 40 PSI-- COMMISSIONER HALAS: Did they lose 14 -- MR. MATTAUSCH: -- minimum pressure by ordinance. The total head loss can be 14 to 15 PSI; however, the difference is, the difference is, we require right now a double-check detector assembly that has a head loss. We add, with the reduced pressure assembly, an additional three to 5 PSI depending on the size of the line and the flow required, yes, sir. So we still -- we still have more than the minimum 20 PSI. COMMISSIONER HALAS: So he's telling me we're dropping 14 PSI. You're telling me we're dropping how much? MR. MATT AUSCH: Fourteen to 15 total PSI. The difference, as I explained, the difference between what we currently require and the reduced pressure device that we are recommending that we put in, is 3 to 5 PSI additional beyond the detector check assembly. But we're still above -- because we provide 40 PSI, we're still well above the 20 PSI minimum pressure at the main that we have to maintain. COMMISSIONER FIALA: Well, if there's no urgency, then why can't we give them time to discuss this, and -- CHAIRMAN COYLE: We can. COMMISSIONER HENNING: Call the motion. COMMISSIONER FIALA: You know -- CHAIRMAN COYLE: Commissioner Coletta? Page 227 July 27-28, 2010 COMMISSIONER COLETTA: You know, I've been sitting here for a little while just -- just trying to put this all together. As far as it goes, you're saying it will require an additional pump to be able to hold the pressure where it is over and above the cost of the -- CHAIRMAN COYLE: It's for fire. MR. HURST: It's based on some rough calculations, and that's assuming the additional 5 PSI drop. You convert that to feet; we're talking roughly 13 feet. That's one story of a building. So normally if you had the sprinkler requirement with a pump at three stories, you would now be down to two. COMMISSIONER COLETTA: So you -- eventually you might have to add another pump to the whole thing, which is quite an expense, correct? MR. HURST: Well, effectively a building that wouldn't require a pump in the current scenario might require a pump in the future . scenano. COMMISSIONER COLETTA: Well, how many things -- how many items are standing out there right now that you -- that want approval to be able to go forward between now and when it would come back to us? Do you have any idea? MR. MATTAUSCH: We have been told that there is one that has currently been approved under these conditions, and I believe that there are two additional that have been submitted. That's the number that we got. COMMISSIONER COLETTA: Okay. So the cost of the backflow preventative item is like about $5,000; is that what I understood? MR. MATTA USCH: The cost -- the cost of the current device that is that -- that is required is around $11,400. That's the current requirement under the old ordinance. The new ordinance adds -- adds somewhere around $700 to that. Page 228 July 27-28,2010 COMMISSIONER COLETTA: So in other words, they're already paying 5,000 for what? MR. MATTAUSCH: No. They're paying -- for the device currently, it's about 11,400. And for the reduced pressure device that we're asking them to insert -- and again, this is eight inch. This is -- you know, the prices are different. You have to make the comparison. COMMISSIONER COLETTA: Okay. MR. MATTAUSCH: Currently, 11,400 for the current ordinance, and our recommendation, the cost is 12,400, so the cost is an additional $700. COMMISSIONER COLETTA: And Paul, the reason we're doing this for health, safety, and welfare, I understand, so you don't get a back flush going into the water lines that people drink. MR. MATTAUSCH: That's correct. COMMISSIONER COLETTA: The water that might have been sitting stagnant for a long time. Is that a fairly common occurrence? Just trying to put this together in my mind. MR. MATT AUSCH: Every time we have a water main break -- COMMISSIONER COLETTA: Yeah. MR. MATTAUSCH: -- we have a potential for backflow. COMMISSIONER COLETTA: But every time you have a water main break, you always put out a notice to boil water. MR. MATT AUSCH: That's correct, that's correct. We put out a notice to boil water. But the potential is there to impact public health. We had, in the last 54 months, we've had 194 main breaks. We've had to issue 227 boil-water notices. COMMISSIONER COLETTA: So if every building had these devices on it, you wouldn't have to issue the boil-water notice if a main breaks? MR. MATTAUSCH: No, that's not correct. We would not create a backflow into the system. COMMISSIONER COLETTA: You know something, it must be Page 229 July 27-28,2010 getting late because I'm having a hard time following this. CHAIRMAN COYLE: That's why we said let's get them together and work it out, right? COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: Call the motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: State the motion again. CHAIRMAN COYLE: Yeah, state the motion again. MR. MITCHELL: Sir, there were two other -- there were speakers representing the CBIA and also the fire sprinkler industry. CHAIRMAN COYLE: They're going to tell us to get together to work it out, right? You going to tell us anything more than that? Okay. Then you waive, right? UNIDENTIFIED SPEAKER: Absolutely. CHAIRMAN COYLE: Okay. So would you restate the motion. COMMISSIONER HENNING: Motion to continue until we get DSAC's recommendation. CHAIRMAN COYLE: But we want it back here for a decision by the board no later than the first meeting in September. COMMISSIONER HENNING: Well, that's what you want. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: And I'll put that in my motion. COMMISSIONER FIALA: But can they do it by the first of -- CHAIRMAN COYLE: Who cares? COMMISSIONER FIALA: I do, I do. CHAIRMAN COYLE: Well, no, no. They do it. If they don't do it, we'll do it. COMMISSIONER FIALA: Oh. CHAIRMAN COYLE: Okay? COMMISSIONER FIALA: Okay. As long as -- that's why I asked if there was any urgency because -- COMMISSIONER HALAS: Well, he said they were going to Page 230 July 27-28,2010 work on this. COMMISSIONER FIALA: Okay. COMMISSIONER HALAS: He promised they were going to try to do what they could to get this thing moving. COMMISSIONER FIALA: Okay. MR. HURST: Our first meeting is scheduled for August 13th. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. That's just a couple of weeks away. All right. So you can do a lot of work in that time. You can have a report for that meeting, and hopefully that meeting you could resolve it. Okay? MR. HURST: Absolutely. CHAIRMAN COYLE: Okay, good. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. COMMISSIONER HENNING: I -- one thing, Mr. Chairman. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: I need to catch a ride so I can fly. So thanks for your indulgence. I'll try to participate tomorrow. CHAIRMAN COYLE: Okay. All right. We're -- how much more to -- well, we've got nine minutes. What do you want to do from that point in time? MR.OCHS: You want to do some of your appointments, get those out of the way, or are those controversial? CHAIRMAN COYLE: Well, we can probably do a lot of those Page 231 July 27-28, 2010 very, very quickly, sort of en masse. (Commissioner Henning left the commission room for the remainder of the meeting.) COMMISSIONER COLETTA: Yeah, that's what I thought. CHAIRMAN COYLE: So why don't we -- COMMISSIONER COLETTA: Motion to approve-- CHAIRMAN COYLE: Where are they? COMMISSIONER COLETTA: They're items-- COMMISSIONER HALAS: 9A. COMMISSIONER COLETTA: Nine -- no, 9A's off. 9B through -- no not -- 9 -- , COMMISSIONER HALAS: 9C. COMMISSIONER COLETTA: 9D. COMMISSIONER HALAS: 9D? MR.OCHS: Well-- COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: 9D through 9F, correct? Item #9D RESOLUTION 2010-146: APPOINTMENT OF TWO COLLIER COUNTY COMMISSIONERS AND THREE ALTERNATES TO THE VALUE ADJUSTMENT BOARD - APPOINTING COMMISSIONER HENNING AND COMMISSIONER COLETTA WITH REMAINING COMMISSIONERS SERVING AS AL TERNA TES - ADOPTED MR. MITCHELL: Sir, the first one's the Value Adjustment Board where we need two commissioners, and the other three commissioners will be alternates. COMMISSIONER FIALA: Okay. I nominate Commissioner Page 232 July 27-28,2010 Henning. He's out of room now, so we can do that. CHAIRMAN COYLE: That's it, good. I'll second that one. COMMISSIONER COLETTA: Yeah, okay. COMMISSIONER FIALA: That's the first one. COMMISSIONER HALAS: And Commissioner Coletta. COMMISSIONER FIALA: And Commissioner Coletta; second. CHAIRMAN COYLE: And Commissioner Coletta, okay, as an alternate, okay. Contractor Licensing Board, we're going to, we're going to -- COMMISSIONER HALAS: Do we want to vote on this one? MR.OCHS: Yes. CHAIRMAN COYLE: Well, yeah. COMMISSIONER HALAS: Okay. Let's clear it, and then we can just put them all together. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: It passes unanimously. Item #9E RESOLUTION 2010-147: APPOINTMENT OF MEMBER TO THE CONTRACTORS LICENSING BOARD - RE-APPOINTING MICHAEL BOYD - ADOPTED MR. MITCHELL: No, sir. On the Contractors Licensing Board you've got a choice of two applicants. CHAIRMAN COYLE: Yes. MR. MITCHELL: Michael Boyd, which is a reappointment, and Page 233 July 27-28, 2010 then J. Andrew Hill, who submitted an application. CHAIRMAN COYLE: Okay. Do we have a -- MR. MITCHELL: No, sir. It's a quasijudicial board, so there's no recommendation. CHAIRMAN COYLE: No. I'm asking if we have a motion to appoint one of these. COMMISSIONER HALAS: Motion to appoint, but I got to find it on -- oh, you got the paper. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: You know, Andrew Hill, I read his CHAIRMAN COYLE: Michael Boyd is a reappointment, if you want to reappoint. COMMISSIONER HALAS: Yep, we're going to reappoint him. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: Okay. Motion to appoint Michael Boyd by Commissioner Halas. Is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. All in favor, please signify saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9F Page 234 July 27-28, 2010 RESOLUTION 2010-148: APPOINTMENT OF MEMBER TO THE CONSUMER ADVISORY BOARD - APPOINTING JOHN KERNS (A TERM EXPIRING DECEMBER 1~ 2011) - ADOPTED CHAIRMAN COYLE: We go to the Consumer Advisory Board. We have only one applicant and we have one vacancy, and that is John Kerns. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve John Kerns. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9G RESOLUTION 2010-149: APPOINTMENT OF MEMBER TO THE ENVIRONMENTAL ADVISORY COUNCIL - APPOINTING DAVID BISHOF (CURRENT AL TERNA TE AND FOR A TERM EXPIRING JULY 28~ 2013) - ADOPTED CHAIRMAN COYLE: The next one is environmentally -- Environmental Advisory Council, David Bishof. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve David Bishof, Page 235 July 27-28, 2010 second by Commissioner Fiala. All in favor, please signify saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: And -- motion passes unanimously. Item #9H RESOLUTION 2010-150: APPOINTMENT OF MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION - APPOINTING DIANE K. EBERT (A TERM EXPIRING OCTOBER 1, 2013)- ADOPTED CHAIRMAN COYLE: And the Planning Commission, Diane Ebert is -- COMMISSIONER HALAS: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve Diane Ebert. Motioned by Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is unanimous. Item #91 Page 236 July 27-28, 2010 RESOLUTION 2010-151: APPOINTMENT OF MEMBERS TO THE HORIZON STUDY OVERSIGHT COMMITTEE - APPOINTING MARK TEA TERS AND PATRICIA HUMPHRIES (WITH TERMS EXPIRING APRIL 28~ 2012) - ADOPTED CHAIRMAN COYLE: And then for the Horizon Study Oversight -- COMMISSIONER COLETTA: Motion to approve the two applicants. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. The two applicants are Mark Teeters and Patricia Humphries. COMMISSIONER COLETTA: Correct. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any we -- it is unanimous. Item #9J RESOLUTION 2010-152: APPOINTMENT OF MEMBER TO THE BLACK AFFAIRS ADVISORY BOARD - REAPPOINTING KEITH UPSON - ADOPTED CHAIRMAN COYLE: Black Affairs Advisory Board, Keith Upson is a reappointment. He is the only -- COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve Keith Upson, Page 237 July 27-28, 2010 second by Commissioner Fiala. And all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Am I going too fast? THE COURT REPORTER: (Shakes head.) CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: You're doing good. Item #9K RESOLUTION 2010-153: APPOINTMENT OF MEMBER TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - APPOINTING CARRIE WILLIAMS (FOR A TERM EXPIRING APRIL 4~ 2011) - ADOPTED COMMISSIONER HALAS: Carrie Williams. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Motion to approve. MR.OCHS: Whoa, whoa. CHAIRMAN COYLE: What? MR.OCHS: Just one at a time so that she can get it. All right. CHAIRMAN COYLE: Yeah. Okay. Carrie Williams. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: I'll second. CHAIRMAN COYLE: Okay. Commissioner Coletta made the motion, seconded by Commissioner Halas. Page 238 July 27-28, 2010 All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: And the motion is -- passes unanimously. Item #9L RESOLUTION 2010-154: APPOINTMENT TO THE HOUSING FINANCE AUTHORITY - RE-APPOINTING MICHAEL 1. CARR, SR. - ADOPTED CHAIRMAN COYLE: And the Housing Finance Authority. There's one applicant, Michael J. Carr, Sr., reappointment. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, seconded by Commissioner Halas. COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9M and #9N - ONE RESOLUTION PREPARED FOR ITEM #9M AND Item #9N (PER THE COUNTY ATTORNEY'S OFFICE); Page 239 July 27-28, 2010 (Item #9M, Item #9N, Item #90 and Item #9P - one motion taken) Item #9M and Item #9N RESOLUTION 2010-155: APPOINTMENT OF MEMBER TO THE COLLIER COUNTY CITIZENS CORPS - APPOINTING MARGARET M. LAUZON (FOR A TERM EXPIRING NOVEMBER 11,2013) AND APPOINTING JAMES J. VON RINTELN (FOR A TERM EXPIRING NOVEMBER 5, 2014) - ADOPTED Item #90 RESOLUTION 2010-156: APPOINTMENT OF MEMBERS TO THE EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD - APPOINTING ROSEMARY LEBAILL Y (ER NURSE- TERM EXPIRING SEPTEMBER 9,2011), DR. TODD BETHEL (ER PHYSICIAN - TERM EXPIRING SEPTEMBER 9,2013), AND JEROME J. PINTO (PHARMACIST - TERM EXPIRING SEPTEMBER 9~ 2011) - ADOPTED Item #9P RESOLUTION 2010-157: APPOINTMENT OF MEMBER TO THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT COUNCIL REGION 24 - APPOINTING BETH STERCHI - ADOPTED CHAIRMAN COYLE: Now that brings us to the ratification of the appointments recommended by the agencies that are responsible for appointing them, and they are the American Red Cross, Retired Senior Volunteer Program, Collier County Medical Society, and the Page 240 July 27-28,2010 Southwest Florida Workforce Development Board. We are, in essence, ratifying their appointments. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: And can we take them all in one motion? MR. KLATZKOW: (Nods head.) CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Motion to approve all those appointments by recommendation of their -- the boards. CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Halas, second by Commissioner Fiala. And all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: And -- any opposed, by like sign? (No response.) CHAIRMAN COYLE: Passes unanimously. We're finished with the appointments. Now you want to set the millage? COMMISSIONER COLETTA: Yep. MR.OCHS: Yeah. As long as you're on a roll, what the heck. No, sir. We'll do that tomorrow. Did you set the final appointment for Southwest Florida Workforce Development Board? MR. MITCHELL: Yeah. CHAIRMAN COYLE: Yeah, we set all those. Item #10C (Continued and adopted on July 28,2010) RECOMMENDATION TO ADOPT A RESOLUTION Page 241 July 27-28, 2010 ESTABLISHING PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVID FY 2010/11 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER, 2010 FOR THE BUDGET APPROVAL PROCESS - SETTING THE PROPOSED MILLAGE RATE LEVIED AS .7161 AND CONFIRMING SEPTEMBER 9,2010 FOR THE AMENDED TENTATIVE BUDGET PUBLIC HEARING DATE AND SEPTEMBER 23, 2010 AS THE FINAL BUDGET PUBLIC HEARING DATE - ADOPTED CHAIRMAN COYLE: Let me ask the commissioners a question. Do you want to set the millage rate at -- where it is now, which is last year, as the maximum millage or you -- COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: Well, wait a minute. I want to get a sense of where you are with this, because if you want to -- if you want to make some recommended adjustment, I'd prefer to have it tomorrow because it's going to take us some time to work through that but-- , COMMISSIONER HALAS: My question is -- CHAIRMAN COYLE: Commissioner Halas, go ahead. COMMISSIONER HALAS: My question is, we had this long discussion today with many, many people from all avenues of the constituency here for Collier County as we went through the process here. There was some ideas thrown out there that there may be other people who are coming on board which would make this very much more lucrative than we have at the present time. So I'm concerned if we are jumping the gun on setting the millage at the lowest rate, or if we have other people that are willing to come up to the plate, this would really offset the expense that it was going to cost county taxpayers. Page 242 July 27-28,2010 And we can always roll back if it's a tenth of a mill more when we make the final decision on the 28th of September, and also, hopefully by that time we'll have some idea if the federal government is going to pay their fair share to the State of Florida whereby Florida would get in, and if they didn't, then we could still roll back the millage. So that's just an idea. CHAIRMAN COYLE: Okay. Well-- COMMISSIONER HALAS: And I think Commissioner -- CHAIRMAN COYLE: Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Yes, thank you. We had quite a long discussion on it, and I thought what we decided was, is in order to keep this thing rolling forward-- COMMISSIONER HALAS: Yep. COMMISSIONER COLETTA: -- and not to burden the taxpayers with something at this point in time, especially when we're undecided which way we're going to go, that we leave it up to the county manager to be able to do an interfund loan to be able to keep everything going forward. COMMISSIONER HALAS: Yeah, County Manager. He looks like he needs some work. COMMISSIONER FIALA: Look at the smile on his face. COMMISSIONER COLETTA: Yeah, he said no problem. He said he's got it in his pocket. COMMISSIONER FIALA: He loves it. MR. OCHS: Sure. It's only money. COMMISSIONER COLETTA: So why do we -- I don't think there's any need to do anything to the millage other than to leave it right where it is. COMMISSIONER HALAS: Well, the other thing I think we need to do is, I know we're going to have to wait 'til the first of September, but we need to get some kind of report back, unless they can do it tonight and tell us, you know, what kind of funds that we can Page 243 July 27-28,2010 use to address the issue of keeping this going forward. Can you come back tomorrow morning and basic give us a quick synopsis of the funds and also if it's going to leave us in a precarious position whereby, if we have a storm event, that we can't meet the obligations of the community. MR.OCHS: Sure. We can go -- we can do some of that work tonight. Now, you know, I can't give you an ironclad guarantee by eight in the morning, but I can give you a pretty good overview. COMMISSIONER HALAS: Well, we've got other things to do at eight o'clock in the morning. MR. OCHS: Sure. COMMISSIONER HALAS: So that still gives you an opportune time to come back and make sure that we're not putting ourselves in dire straits here. MR. OCHS: It's the pleasure of the board, sir. I can -- COMMISSIONER HALAS: Why don't we do that. MR.OCHS: -- do it tomorrow morning. COMMISSIONER HALAS: We'll just adjust the millage tomorrow. MR. OCHS: I can do it tonight. CHAIRMAN COYLE: Okay. Well, it's okay with me-- COMMISSIONER HALAS: Just to make sure. CHAIRMAN COYLE: -- when you want to do it. It doesn't make any difference to me. MR. OCHS: That's fine. CHAIRMAN COYLE: My only concern with adjusting the millage upward -- COMMISSIONER HALAS: Well, I don't want to -- CHAIRMAN COYLE: -- as a contingency is it will be misunderstood by voters and they will assume that we are, in fact, increasing their taxes, and -- but -- MR.OCHS: Well, because whatever rate you set, remember, Page 244 July 27-28, 2010 that's the rate that will be published in the TRIM notices that go out in August, so that's what the taxpayers will see on their bill. COMMISSIONER COLETTA: The only thing you can do is go down. CHAIRMAN COYLE: Yeah. MR. OCHS: So we'll give that briefing in the morning, Commissioners, if that's okay with you. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I think that would be great. MR.OCHS: You're at six o'clock. Just a final reminder to the board that we do have the eight a.m. reception for your two candidates for the airport director, followed by the interviews at nine. COMMISSIONER FIALA: Which was the one that dropped out? Do you have the name that dropped out? MR. OCHS: I'm looking at Ms. Price to help me here, Commissioner. MS. PRICE: Good afternoon, Commissioners. It was Dennis Rouleau who dropped out. COMMISSIONER FIALA: Okay. Thank you. MR. KLATZKOW: He was no good anyway. CHAIRMAN COYLE: All right. COMMISSIONER COLETTA: Okay. Are we done? Let's go. COMMISSIONER HALAS: Have a recess. Motion to recess 'til tomorrow morning at eight o'clock. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. We're recessed. ***** There being no further business for the good of the County, the meeting was recessed by order of the Chair at 6:00 p.m. until 9:00 a.m. on July 28,2010. Page 245 July 27-28,2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 27-28, 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 Frank Halas Tom Henning (absent) Donna Fiala ALSO PRESENT: Leo Ochs, County Manager Michael Sheffield, Assistant to the County Manager Jeffrey A. Klatzkow, County Attorney Ian Mitchell, Executive Manager to the BCC Page 246 July 27-28, 2010 CHAIRMAN COYLE: Good morning, ladies and gentlemen. The Board of Commission meeting is now in session. We have returned from our recess, and we have a quorum. MR. OCHS: Good morning, Commissioners. CHAIRMAN COYLE: Good morning, County Manager. Item #14A (July 28,2010) IMMEDIATELY FOLLOWING A COFFEE RECEPTION AT 8:00 A.M. IN THE BCC CONFERENCE ROOM. APPLICANT INTERVIEWS BY THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY BOARD OF THE THREE FINALISTS FOR THE POSITION OF EXECUTIVE AIRPORT DIRECTOR - MOTION TO APPOINT CHRIS CURRY TO THE POSITION OF EXECUTIVE AIRPORT DIRECTOR- APPROVED MR.OCHS: We're on Item 14A that was published in your agenda to be heard on Wednesday, July 28th at nine a.m., and it is an interview session with the two candidates for -- two finalists for your Airport Authority director position. Ms. Len Price, who was involved in the interview process, will give you a brief overview of the process this morning. Ms. Price? MS. PRICE: Good morning, Commissioners. Len Price, for the record. In May you asked us to establish a selection committee and advertise for airport director applicants. We did so. We received a hundred applications. We ranked 24 of them as qualified, interviewed six individuals. And you had asked us to bring you three candidates, and we selected three candidates for you. On Friday at the last minute one of them withdrew, so we have Page 247 July 27-28,2010 before you today Chris Curry and Justin Edwards, who are our top-ranked candidates. I presented for each of you a book with their resumes and information. We've provided you with some suggested questions. You can either use those or your own. And at the end of the process there's a ranking sheet where you can just rank each one number one and number two. And then pass it over to us, we'll compile it, and then you can take it from there. CHAIRMAN COYLE: Okay. Thank you very much. Chris and Justin, I'd like to welcome you here today. We appreciate your interest in this opportunity in Collier County, and we thank you for coming here and enduring this process. I know it's been a long and grueling process, but you have emerged at the top of the list, and we're looking forward to making a selection soon. So we will begin. MR. OCHS: Mr. Chairman, I'm sorry for the interruption. I heard the phone click in. I didn't know if Commissioner Henning was attempting to dial in or not or whether procedurally, Jeff, we needed to do anything in the event that he did or the board needed to make any declarations. MR. KLATZKOW: Well, if Commissioner Henning does telephone in, at that time the board can make a determination whether or not, you know, the reason he's not here is excusable. MR.OCHS: Okay. So Ian, you'll let us know if-- MR. MITCHELL: Yep. MR. OCHS: Thank you. CHAIRMAN COYLE: Good, thank you very much. In that case, we will begin with the questioning. And do you mind if we start with the ladies first? COMMISSIONER FIALA: No, you can. CHAIRMAN COYLE: Okay. Page 248 July 27-28, 2010 COMMISSIONER FIALA: Being that there's only one, I can handle this pretty easily then. There's no question about who you're talking to. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I've spoken to both of these gentlemen. And actually, I don't have too many questions. One of the things I wanted to point out is, it said you establish- -- this is Chris. I was very impressed with this. You established a Foreign-Trade Zone to enhance air cargo operations, which is something that we're really moving forward with in the Immokalee area. And then it said you wrote detailed contracts with the Army National Guard, and that's something else. Where's Penny? Are we still working with the National Guard there, Penny? MR.OCHS: Yes, ma'am. MS. PHILLIPPI: Yes. COMMISSIONER FIALA: Okay. And then -- and then built several corporate airport hangars. Did you -- did you have any problems negotiating these things? Were you able to market them? That's an important thing there. Were you able to market that air cargo Foreign-Trade Zone? MR. CURRY: Good morning, Commissioners. Commissioner, the simple answer is yes, we are continuing to market it. It's a lot more than just a startup. So it's one of those things that you continually market throughout, even when the Foreign-Trade Zone becomes successful. You always want more opportunity for economic development with that. As you mentioned about the Army National Guard, what we found out a little bit is that with the Army National Guard there's several different contracts that they have throughout the United States for how they do business, and some of them are one dollar a year paid Page 249 July 27-28,2010 to the airport for 99 years, and some are a lot more lucrative. We were able to reach an agreement with our Army National Guard unit whereby they paid for some of the joint use services on the airport, snow removal, operations, fire department, that type thing, because it simply was not possible for us to negotiate anything better than one dollar a year for 99 years. COMMISSIONER FIALA: Okay. And the last question before I move on, with the Foreign-Trade Zone, has that -- and the cargo operations, has that business grown for you in the last few years? MR. CURRY: It has not really grown in the last -- last few years. One of the areas of opportunity that we were able to explore was that we did have some businesses that were currently not on the airport but were applying for a Foreign-Trade Zone status. What we were able to do was work with the State of Indiana and actually swap, not physically swap, but take some of the acreage from our airport for them to use while they were waiting for their Foreign- Trade Zone approval. And then once they received their approval, the land came back to the airport for our use and also allowed us to expand it as well. So it was a deal that we did to help the State of Indiana to help the business and in our case, came back to us, we were able to expand the Foreign-Trade Zone at no cost to the airport. COMMISSIONER FIALA: Thank you very much. CHAIRMAN COYLE: Now, I'd like to remind the commissioners that in order to be fair, we must give both candidates the opportunity to respond to the same question or similar questions, and if we could also ask Justin to provide us any information concerning his experience with Foreign-Trade Zones or business development of an airport. COMMISSIONER FIALA: Thank you, Commissioner. COMMISSIONER HALAS: Yes. MR. EDWARDS: Okay. Well, first and foremost, Chairman Page 250 July 27-28, 2010 Coyle and Board of Commissioners, thank you so much for having me here today. I'm very proud to be one of the final candidates with my colleague, Chris Curry. To answer your question in -- put in that context, business development is what I do. Everywhere I've been, the roughly three airports I've been involved in managing, business development has been the critical issue to producing revenue to providing self-sustainability of these facilities. At Morristown, New Jersey, the first airport I worked at in a wide variety of different positions, that was my critical role, was marketing the facilities at the time we brought u.s. Customs to the airport to try and attract more international traffic. There was no FTZ at that particular facility, but we did a tremendous job bringing in aircraft from around the world to do business in New York City and attracting new business to the airport, new hangar development, et cetera. Down in Lakeland, Florida, my second big position where I was the deputy director, worked for actually a gentleman named Gary Quill, who now is the director at Punta Gorda, Charlotte County Airport -- which I find kind of funny that I have a chance to go in a competition with a good friend of mine -- we had tremendous amounts of business development occurring there. We basically took a 750- to a million-square- foot vacated Piper plant, Piper manufacturing, Piper Aircraft manufacturing plant, and converted it for mixed use, marketed it, brought in some aviation companies to rehabilitate and retrofit older aircraft for -- when they left, they looked brand new. We also used it for non-aviation use, from bus parking to construction firms, lay-down areas and that kind of stuff, all to drive, again, development, job creation, economic impacts, stability to the area; very, very positive. We also had an industrial park there, which we marketed very well and attracted a wide variety of different companies to operate Page 251 July 27-28, 2010 there. In that particular instance, we provided the infrastructure, the sewer, the water connections, your typical industrial park, just off the airport, non-aviation property but owned by the airport, again, to provide those impacts. And in Trenton, while there, again, we brought in u.s. Customs to enable our corporate clients, some of the biggest companies in the world, from Pfizer to Merck to Johnson & Johnson, Unisys, Hess Corporation, you name it. We brought in customs, or I brought in customs, to assist them to operate internationally. We do have an FTZ at that airport. The problem we've had is geographies. There's a lot of other huge Foreign-Trade Zone areas in Philadelphia and New York City, which we're geographically positioned right between, and unfortunately there really has not been a lot done. Our Economic Development Department within our county government actually operates the FTZ, and we've worked hand in hand to try and attract tenants, but thus far we've been relatively unsuccessful. CHAIRMAN COYLE: Thank you. Commissioner Fiala, do you have any other questions at this time? You can ask questions later once we -- once we go through a round. Commissioner Halas? COMMISSIONER HALAS: Yes. I'll start off with Justin. In your 12 years of experience at this airport that you presently manage, what has been your biggest accomplishment? MR. EDWARDS: My biggest accomplishment has actually been getting out there and being competitive with the other airports to actually draw the business out of other areas or other regional facilities to our facility by making it a superb -- they call it the country club airport -- a superb, safe, and secure facility with rates that are really competitive that drive, again, the economic impacts of job creation Page 252 July 27-28,2010 and such. I'm very proud that while I've been there, Pfizer Pharmaceuticals, I managed to pull out of West Chester Airport in New York's -- in New York, who built one of the largest single-use corporate hangar facilities in the world at Trenton. I wrote the lease, I negotiated it, I went through all the -- all the pieces of that puzzle and brought that to fruition. Merck Pharmaceutical, another one that was at a neighboring airport, we brought over. Brought tremendous amounts of revenue to the airport. I think since I've been there, I've improved our bottom line by some 300-plus percent with rates and charts analysis and business corporate aircraft type development, and attracted well over $30 million in federal and state funding to improve the facility, to make it more marketable, to make it more palatable for these folks to relocate. So that's probably my biggest one. Thank you. COMMISSIONER HALAS: Chris, I see that you spent a fair amount of time in the United States Air Force, and thanks for serving. MR. CURRY: Thank you. COMMISSIONER HALAS: I'm going to ask you the same question. What has been your biggest accomplishment at the airport that you're at in Indiana? MR. CURRY: Well, without a doubt the biggest accomplishment for me at the Gary/Chicago Airport has been moving forward at a $100 million Capital Improvement Program proj ect. This involved the extension of the primary runway at the airport from 7,000 feet to 8,900 feet. Along with this, the airport acquired 180 acres of property of which we've expanded the Foreign-Trade Zone to meet, and to seal negotiations with three class-one railroads in order to make that happen. These negotiations started in 2001, so it's taken about ten years for it to come to fruition. So without a doubt, that has been the single biggest proj ect I've accomplished at the airport. Page 253 July 27-28,2010 COMMISSIONER HALAS: Thank you. Commissioner, can I ask another question? CHAIRMAN COYLE: Sure, by all means. Go ahead. COMMISSIONER HALAS: Justin, obviously you've been -- you've toured all of our airports, the three. MR. EDWARDS: Yes. COMMISSIONER HALAS: In your first introduction to them, what do you see are some of the shortcomings that need to be addressed? MR. EDWARDS: I did tour all three facilities yesterday. Some I found some people to talk to and others I didn't. But I think my first visit was to Everglades City, which I found an enchanting little village way out there, obviously, in the Everglades. But it was beautiful when I rolled up on that little oasis of a town. Made it to the airport, met a fine gentlemen out there, Nathan, who works out there, and I said, what do you do out here, and he told me, I do it all. And I was very impressed with the condition of the field. I think the biggest issue there, of course, is obviously hangar storage. There's not a lot of land development potential, at least owned by the county. There's land contiguous to the site which I understand is owned by another party. But I think the critical issue is to gather up some land, add to the airport, and try and construct some other facilities. I also understand there's a bump in the runway that needs to be addressed and some other issues like it going under water. I'm not quite sure how to deal with that one yet, but -- COMMISSIONER HALAS: Sea planes. MR. EDWARDS: But that was interesting. So -- but I think there's a lot of potential ecotourism traffic that could be brought in there with the right marketing. I know we were talking about marketing in our coffee event earlier. So I think there's a lot more Page 254 July 27-28,2010 potential at that facility than is currently there with the proper nurturing. My second visit was to Immokalee, and that was an interesting airport, a little shaggy around the edges, but I see enormous tracts of land just prime for development. I know I was talking to some of the folks this morning about the need for revenue and how important that is and how a lot of focus is going to go towards that facility, which is really exciting. To bring in some revenue, we could try and extend the runways, some of what Chris was talking about, to try and attract some cargo traffic. Another thing that just jumped at me obviously is the agricultural processing, flying out fruits and vegetables from the critical agricultural area, which I'm sure is already going on in some way, shape, or form, but I think that could be further enhanced. And I did also want to say that, you know, as it grows we'll need to put some more money into it, would be my guess, but hopefully with the corresponding revenue, to try and bring navigational systems in and maybe even one day compete for commercial traffic, which I think would be very exciting, since there's only one major commercial airport in the area. And its land is its biggest -- biggest issue and biggest advantage, I would think, and geographics. And the third one I went to visit, well, obviously, was Marco Island, which is a beautiful setting, surrounded by water. I saw some of the overhead pictures during some of my research and was impressed with what had been fit on that -- on and around the little strip. But what a fantastic facility. Not a lot going on last night, but I understand the seasonal business really kicks up. I was kind of saddened to hear that at some point one of the navigational systems had been decommissioned. I think there was some liability issues and some other issues at play with taking that away. And there's still some good approaches in that. But I see just basically a reorganization of the land, which I Page 255 July 27-28,2010 understand is already in progress, to maximize the limited space available, and try and provide a great operating environment, continue to provide a great operating environment for the many visitors that you receive during the season. So thank you. COMMISSIONER HALAS: Chris, the same question to you, because I think you've toured all three of them also; is that correct? MR. CURRY: I have not had a chance to view all three. COMMISSIONER HALAS: Okay. MR. CURRY: I got in a little bit late yesterday, flying into Fort Lauderdale, but I did go to Immokalee. COMMISSIONER HALAS: Okay. MR. CURRY: Went to Immokalee, had the chance to meet a gentleman by the name of Tom, who's doing a great job out there. We connected because we're both Embry-Riddle graduates. What I saw about Immokalee, where the greatest potential lies is that you have a lot of unincumbered land. And as I mentioned to one of the commissioners this morning, being proactive, you should protect as much of that as you can right now to prevent other businesses, residential areas, encroaching upon the airport space. Clearly, one of the things that I asked about during my first interview was, is there a business and strategic plan out there for Immokalee? I think when you look to move an airport like that, you must have all of the regional stakeholders on the same page in agreement with how it should go, and be supportive as such. An incremental extension of the runway to 7,000 feet gains you a whole lot from what you have with 5,000. The next step from that is 10,000 feet, which gains you considerably more. But again, I think the land, the unincumbered land, is a great place for businesses. You don't have any congestion. I think that the agricultural activity, especially growing of fruit, there is a place domestically for that that can be served by a 5,000-foot runway. Of course, as you start to get bigger or you expand the airport Page 256 July 27-28, 20 I 0 even more, then it provides that international ability to deliver fruits, because there's a big market for that. And I was mentioning to one of the commissioners, even in the Chicago area, the middle east has a very, very huge demand for that -- that type of -- that type of product. The other issue that I see with Immokalee is that you probably need to, initially, put some emphasis on the compliance side of the house. Even though the airport is probably inspected by the State of Florida, I think the compliance for that airport should probably shoot more for a federal requirement, which is a little bit -- little bit higher standard for the upkeep of the runway and other parts that affect flying. CHAIRMAN COYLE: Okay. Thank you very much. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Appreciate you gentlemen being here today . You both sound like you're very qualified for it. One of the parts of this particular job that we're talking to you about today is how you interact with the local community. One of the most important things is the fact that -- recognition of the fact that the airports are not owned by county government so much as they're owned by the populous out there themselves, the people that use the airport, the occasional users, the community that depends upon the airport for business. It's all a part of it. We have some very active organizations all the way from Everglades City, Marco Island, and Immokalee. How would you, as an individual if you were the airport director, interact with that community to make them feel a part of the whole thing, to give them some ownership of the airport? I'll start with you, Mr. Curry. Page 257 July 27-28,2010 MR. CURRY: Thank you, Commissioner. As I mentioned before, I think the business and strategic plan is an essential part of that, bringing in those stakeholders around the Immokalee area, bringing in county and city representation. Everybody has a piece; everybody has a say. Get them on board with that. I think that -- and again, this may kind of go back to the previous question of which I forgot to mention, but one of the things I thought about Immokalee was that when you hear the name Immokalee and you're outside of Florida, you have no idea where Immokalee is. One of the things that may need to occur at Immokalee is a rebranding, to rebrand it and associate it, perhaps, with the city where it's most closely aligned, which is probably Naples, and that way when you're looking at it from an international, or outside of the state, you say, well, I may not know where Immokalee is, but if it's Immokalee-Naples or something that refers to Naples, then you understand where Naples is. And also in the day of technology, if someone is looking to do business at Naples, then when you go on the Internet and you search Naples, it automatically ties you back to Immokalee. But that's probably more of the previous question that was answered, but I thought that was important to mention. In the -- in the Gary, Indiana, area where I'm located, we have influences from the State of Indiana, the City of Chicago, and Indiana, Northwest Indiana. I report to three different boards, so you can imagine the difficulty with bringing that group together for a common goal. But, again, a business and strategic plan that has all the stakeholders with a say in the plan will go a long way to bringing all the different communities together. COMMISSIONER COLETTA: Okay. If I may just add a little bit more to it just so we can identify it. Page 258 July 27-28,2010 There's many organizations within those communities that interact in one way or another with the airport, chambers of commerce, civic associations, fraternal organizations. Do you have any experience of interaction with those kind of groups? MR. CURRY: Oh, absolutely, absolutely. Part of -- part of what I do now is go out and speak to approximately 12 chambers a year. We have business forums that are located in the area. We have the elected officials in the area. That is part of what we have to continue to do to ensure the word is out and to ensure that everybody is in agreement as to where you move forward with the airport. COMMISSIONER COLETTA: Thank you. Mr. Edwards, same question. MR. EDWARDS: Yeah. I would say that there's a wide variety of initiatives that can be introduced to get the word out to the public. You had mentioned, and something I and Chris and probably every airport manager and director in the nation do is getting to talk to the public, going to the Rotary clubs and the other civic organizations and making presentations to try and -- try and get the word out as to what is going on. I've learned first hand, Commissioner, that a lot of times it's much more important to get out in front of an issue and put the facts and the truth out on the table before you're put into a defensive position on a particular project. Because of that, generally what we do is, in all our engineering contracts and planning contracts for our facility, we try and build a website, do public information pamphlets and pieces, put that out on the computer to try and, again, set those facts ahead of the proj ect controversy, if there is any involved. One other thing, you can use -- for instance, I'm now the chairman of the New Jersey Aviation Association. There's a similar sister organization in the state called the Florida Airports Council, F AC, and they do not only a lot of supportive efforts, but help airports Page 259 July 27-28, 2010 and communities communicate. Another issue which helps immensely, of course, is the Airport Advisory Board. Those people are actually there to assist the airport administration in getting the word out and getting the message out and taking and fielding issues and concerns from the public. So there's a lot of different things that can be done. I have a lot of different experience in a lot of different realms. COMMISSIONER COLETTA: Okay. And if I have the Chair's permission to ask another question, I'll stay right with you, Mr. Edwards, and come back to you, Mr. Curry. One of the things that was a little bit lacking in the past and just recently has been corrected, and we hope that it will continue, is how the airport director relates to its board and also how the meetings -- where the meetings are held. For a long time the meetings were just being held on Marco Island because it was a convenient location, when there's three airports to be served. And what happened under the leadership of the present interim director, the meetings were spread out at different locations, and it was kind of surprising some of the turnouts we had, especially when it came to Immokalee, and even Everglades City was very appreciative of having that. And also, too, there was -- and I want you to comment on how you would -- you would look at handling the meetings, you know. I mean, you've got to be realistic how they're going to be planned and everything, but that's a very important element. The other part has to do with the advisory board. They are the element that makes this whole thing work. They have the expertise that helps to do the heavy lifting for the Board of Commissioners when they serve as the actual airport board. How would you work with them on a basis as far as notifying them as things come down? Because there was some -- a number of members that were dissolutioned about how they were getting notified Page 260 July 27-28,2010 about different issues that were coming up, and they wouldn't be notified until the meetings took place. And under the interim director, that was, for the most part, corrected. But I'd like to see something and hear your comments of how you think it would be, because I believe the director serves at the will not only of the Board of Commissioners serving as the Airport Authority, but as is the board, is the advisory board. How would you handle that? MR. EDWARDS: I think I understood your questions, and please correct me if I'm wrong. The first part, as for the actual board meetings, how would I handle the board meetings; was that it in a nutshell? Yeah, I think -- I think the best way to go, since this is, of course, a system of airports, is to actually move the meetings around if that is, of course, a legal -- legally allowed, move the -- move the meetings around to each of the three of the -- each of the three airports. I think that's a good way to try and invite community involvement and try and -- try and show it as what it is, is it's a system of airports that the county operates. As for the other part, there -- I don't understand what happened in the past, but I think it's absolutely critical that the Airport Advisory Board be notified and kept up to date of airport -- airport issues. Through emails -- I mean, in today's day and age, I think email is a great -- a great form of communication and! or memorandums or a report that's maybe issued every week or two, depending on what's going on, and special reports if there's really important issues playing out to try and keep the Airport Advisory Board, or even the County Commission, advised as to -- as to issues occurring continually, and special issues, so. COMMISSIONER COLETTA: Thank you, sir. MR. EDWARDS: Thank you. COMMISSIONER COLETTA: Mr. Curry? Page 261 July 27-28, 2010 MR. CURRY: Yes, Mr. Commissioner. I also agree that meeting locations should be moved around between the different airports in your system, and I think the time should be evaluated as well to ensure that it accommodates the largest population in those particular areas, whether it's a morning meeting or whether it's an evening meeting, and those dates and locations for those meetings be put out at the beginning of the year so everyone can prepare and be prepared for those meetings. The Airport Advisory Council, I think that is a great asset that you guys have here at the Collier County Airport Authority. Not all airports have that. They provide and bring with them a lot of individual technical expertise that I think really makes an airport director's job here much easier than at some airports. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: You finished for right now? Okay. I'm going to ask you some questions that are slightly different, and I'll start with Mr. Edwards first. I'd like for you to tell us briefly why you're interested in this position and how it fits into your long-range career plans. MR. EDWARDS: My personal belief is that this is where I belong. I have been all across the country. My father was a very talented doctor in the pharmaceutical research. I actually was born and grew up till I was nine in England. I've lived in Michigan; I've lived in Illinois; I've lived in New Jersey; I've lived in Connecticut; I've lived in Florida. And by far, the west coast of Florida is near and dear to my heart. I vacationed here as a young boy into my teens with my family. I've been coming back ever since because this is just a place I love, from the beaches to the water sports. I'm an avid boater, swimmer, fisherman. It's just a beautiful county, and the most beautiful part of the United States, and you all have a lot to be proud of. As for my career goals, I think this airport provides a new Page 262 July 27-28,2010 challenge. As you know, some ten or 11 years ago, I went from a wonderful place, Lakeland Airport, as the deputy, to the director in Trenton, New Jersey. I went there because I saw a challenge. I saw a terribly underdeveloped aviation facility smack dab between New York and Philadelphia that had so much potential. And I have been there working hard for years, brought it from a facility that was crumbling, that was losing money, that was in desperate need of work to what's now a world-class business aviation facility . And I see this same potential here. This system of airports -- and even as Chris had pointed out -- some which nobody really knows where they are if you're not from this area; Immokalee is a prime example. This system of airports has so much potential. It's an exciting time. I know economic times are bad, but Immokalee and that area and everybody working collectively with all the stakeholders together to create those jobs and create an airport that can support those types of businesses and jobs, I think, is tremendously exciting. And as for my future career, I think that the operation, development, and management, which is my love and what I do, of a system of airports would really help me in my -- in my career goals down the road, so -- thank you. CHAIRMAN COYLE: Thank you very much. And Chris, I will restate the question. T ell us briefly why you're interested in this position and how it fits into your long-range career goals. MR. CURRY: Well, Commissioner, I think that this system of airports, especially Immokalee, it provides for creative thinking. It's not simply a job that you would take just to be a caretaker. It's going to require a lot of energy, and I don't mind that. After being raised in Savannah, Georgia, and traveling around the world for 20 years, at some point in time you figure out the things in life that you enjoy. And for me, I've realized I enjoy living in the Page 263 July 27-28, 2010 south, I enjoy the climate. In the past three years I've become an avid golfer, so when I looked at where I wanted to be or relocate in the future, it wasn't necessarily set on a place as much as, what are those ingredients that you like; climate, food, golf, seafood, creative thinking, and that all leads you to Florida. So that was very -- that was very exciting to me. And again, I think I still have the energy that I would love to devote to really, really providing an opportunity for Collier County and its residents in managing your three airports. CHAIRMAN COYLE: Okay. Thank you very much. One other question, and Mr. Curry, we'll start with you. Would you describe your leadership sty Ie and how you anticipate it would fit into the current airport organizational structure? MR. CURRY: Well, Commissioner, my leadership style depends on the people that you're leading. I think with the Collier County system, it's a system you come into, you look, you listen, you observe, and you determine the qualifications of the people that you have in place, and sometimes it requires you to manage individuals differently. The same style that works for one may not work for the other. I am one that believes in putting the right people in place and letting them do their job. If I find that they are deficient, then I will help them to achieve that. If I find that they are very capable, then I tend to be more distant in my leadership with that particular individual. So my sty Ie is varied. I've had to use varied styles throughout my 20 years in the Air Force, and I don't think this situation would be any different. CHAIRMAN COYLE: Okay. Thank you very much. Mr. Edwards, would you like for me to repeat the question? MR. EDWARDS: No, I think I'm okay. CHAIRMAN COYLE: Okay. Page 264 July 27-28,2010 MR. EDWARDS: Thank you. As you might know, I have a bachelor's degree in air transportation management. I'm a pilot. I'm one of, I think, 300 accredited airport executives in the nation. I think at the time I went for it I was probably one of the youngest in the nation. But the point of all this is, in my, I guess, late 30s, early 40s, I decided to go back and get my master's agree, figured it would be fun, which it was except for those papers. But the point of the story is, while there I did a graduate certificate in global leadership and administration, and it was something I just had an affinity for and I loved, and I loved learning about leaderships and leader -- I'm sorry, leaders and leadership Issues. I also, by the way, obtained another graduate certificate in global terrorism and security. I figured it was appropriate since I lived in New Jersey, as the crow flies, God forbid, from the World Trade Center. But my point of all this was, I have, since the beginning of my career, really considered myself a participative manager. I have always believed that putting multiple heads together are always a way to bring people together with a shared goal and a shared common interest and produce better ideas, not that the buck has -- doesn't (sic) have to stop with me, but get the ideas on the table and try and empower people to work with you in part of the solution. So participative management, I think, would be my general style. And as Chris said, sometimes it has to change for people, but I always learned that if you involve people, you're in a much better place in the end, so -- thank you. CHAIRMAN COYLE: Thank you very much. Commissioners, do you have any other questions? We'll go back to Commissioner Fiala. COMMISSIONER FIALA: Oh, you know, I've been Page 265 July 27-28, 2010 concentrating so much, I haven't thought of any more questions. Could you pass me by for a minute? CHAIRMAN COYLE: Okay, sure. Commissioner Halas, how about you? I mean, you're not obligated to answer (sic) any more. They're probably very happy if you didn't ask them at all. COMMISSIONER HALAS: Obviously you realize that this is quite an undertaking, because we have three airports, and each of these airports, I believe, have a different personality. And do you feel that you can give equal time to each of these airports? And I'll start with you, Justin. MR. EDWARDS: Well, I think a lot of it is going to be determined by the amount of work and issues that are occurring in a particular airport. I mean, I think it's critical -- it was funny, one of the gentlemen that worked out in Everglades Airpark indicated that, you know, not a lot of people came out there to check it out. But I think I, as hopefully your new executive director, would need to visit the facilities, need to spend a lot of time at each facility, spend time on them. But obviously if Immokalee is the center of attention, I would have to spend quite a bit more effort on that and, therefore, I think the -- there would be a disparity in the amount of time taken at different facilities for different reasons. COMMISSIONER HALAS: Chris, could you answer that same question? MR. CURRY: Yes. I think that, of course, one person can't be in three places at the same time, so you would obviously devote your attention to which airport may need the most attention at the time. I think it goes back a little bit to also putting the right people in place at those other airports, because once you have the confidence in them, then you have no issue focusing on another airport because you know the other two are being taken care of. I think when I looked at the position, I looked at the fact that it Page 266 July 27-28,2010 was three airports, I would not be here today if I didn't feel like I could manage all three. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: Thank you very much. We need to check to see if Commissioner Henning is on line. Is he on line? MR. MITCHELL: No, sir. CHAIRMAN COYLE: Okay. Thank you. We will continue then with Commissioner Coletta. COMMISSIONER COLETTA: Sir, to be honest with you, I asked about all the questions I really can think that are relevant, other than just hearing myself talk. CHAIRMAN COYLE: Well, we don't want to hear that. COMMISSIONER COLETTA: You're hearing it right now. I'm having a problem. I'm scoring these gentlemen, and I'm coming up with almost an identical score coming right down. I'm kind of disappointed we couldn't have gotten a little imbalance as far as our choices here; been a little bit easier to make it. May I make a suggestion? And it's not meant to upset the Chair or anyone else on this board. But is there a possibility that we might entertain a couple people from the audience, especially the Airport Authority, asking a question or two? I'm at a loss what to ask at this point. CHAIRMAN COYLE: Okay. The problem is that they're not going to be able to score it because we haven't provided an opportunity for them to score, so I'm afraid it would -- might detract from our process. COMMISSIONER COLETTA: Okay. It was just a suggestion, SIr. COMMISSIONER HALAS: Well, maybe it's not so much -- they may have some more intricate questions to ask that we could then judge that by scoring, or don't you think that -- Page 267 July 27-28,2010 CHAIRMAN COYLE: Well, I think if the Airport Advisory Board members were to ask us questions and then we could direct the questions as we saw appropriate to the applicants and score them, that would provide uniformity of scoring, but to, at this point in time, start fragmenting the scoring process is a bit of a complication. COMMISSIONER FIALA: Sounds like somebody's trying to get in. CHAIRMAN COYLE: Or trying to get out. Okay. COMMISSIONER COLETTA: I feel it would be-- CHAIRMAN COYLE: I do -- I have one question, one other question for you. Yesterday we had a meeting, and the mayor of the Everglades City Airport has asked that we consider transferring that airport to the City of Everglades to be operated and supported by the City of Everglades. Does that change your perception of this job or your interest in this job if we were to make a decision to do that? And we'll start with Mr. Curry on this one for me. MR. CURRY: Absolutely not. CHAIRMAN COYLE: Okay. All right. I mean, yes or nos are fine. I mean, it's not a discussion question, I guess. Mr. Edwards? MR. EDWARDS: No, that wouldn't make -- that would have no impact. CHAIRMAN COYLE: Okay. All right. Thank you very much. And I would like to invite the public to address the Board of County Commissioners, if you have questions or concerns about what an airport executive director should do and communicate those to us, and if we think it is necessary to explore that issue with the candidates, we will do so, but they will not be addressed directly to the candidates but to the Board of County Commissioners. So I would like to invite anyone who wishes to make any Page 268 July 27-28,2010 statements or provide us any information that would be helpful. I see everyone is standing up. Yes, sir. Come to -- come to one of the microphones and state your name for the record and tell us what you're interested in. MR. CARTWRIGHT: I'd like to, first of all, compliment the County Commission and the procedures, and you've certainly done a good job getting qualified people up here. In regard to the Everglades City Airport, I was on the Airport Authority when this whole subject was at that point. This was many years ago. I think economically and practicality would review -- or present the fact that Everglades City, in my opinion, could not ever justify control of the airport. They can't maintain it. They don't have the money. Their tax base is not adequate. And there is also a hidden agenda. Mayor Hamilton, I know for a fact, wants to put in an aquarium on the very land that is being considered and suggested at the last Airport Authority meeting in Everglades City. There's no way he would ever consider letting -- or developing -- the Airport Authority itself developing anything at that airport, such as boat ramps or docks or anything else that did not -- well, let me stop right there. He would be very negative of any attempt by the county to do anything down there because it would interfere with other projects. CHAIRMAN COYLE: Okay. MR. CARTWRIGHT: So -- and then the second area -- and obviously we all know -- we talk about -- the commissioners have said, oh, cash cow, Marco Island, and then poor old Everglades City, and it always seems like Immokalee ends up being shoved off in the back corner. I truly feel that these gentlemen, either one of them, would be an asset in the development of the Immokalee Airport. CHAIRMAN COYLE: Okay. Thank you very much. MR. MITCHELL: Sir, could you speak your name for the Page 269 July 27-28,2010 record, please. MR. CARTWRIGHT: I'm sorry. Marvin Cartwright, resident of Naples. CHAIRMAN COYLE: Okay. Thank you. COMMISSIONER COLETTA: If I may? CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I really have to clear up a misconception that was put out there, because the reason you don't know what's happening, because the information hasn't been -- gone out yet. But I've been working with Sammy Hamilton and Trust for Public Lands. They're looking at the possibility of securing 55 acres in there. There would be all sorts of partners in it. One of them would be the Airport Authority picking up the five acres it needs. The other one would be the national park picking up all the preserve land to get more buffer between them and their facility. The rest of it would be used as a park setting for Everglades City. And right now it's more in the discussion stage than anything else. But anything they're planning to do, they're planning for the Airport Authority to be able to have that five acres of land that it needs for those hangars. They realize that's a natur- -- one of those things that's needed to be able to make the airport whole. So I just wanted to clear up that little misconception. And I'm sorry you haven't been informed, but this information is ongoing at the moment, and it hasn't reached any finality yet. CHAIRMAN COYLE: And just to amplify that a bit. If-- whoever is selected for the position of airport executive director will have a significant voice in making recommendations to us concerning whether or not we do this at all, okay. We intend to vet that particular proposal very carefully through the Airport Authority and the Airport Authority Advisory Board. And I, for one, will be very much guided by the recommendations of those people on making this final decision. So Page 270 July 27-28, 2010 it's not something that is likely to happen for your benefit. I need to tell you, we've been talking about this for decades, okay. It mayor may not be something that ever happens. But, nevertheless, I think it's important that you be aware that such a change is being considered. Okay. There are no other public speakers. Does anybody have another question they would like to ask? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: I'm sorry. COMMISSIONER FIALA: Just one more. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: I know we focused a lot on Immokalee because that's the airport with the greatest potential. Not only that, but the growth is happening in that area. And I appreciate -- I think it's a wonderful thing that we're encouraging that. We've -- for many years, way back when I was in the airline industry, we were focusing on trying to make that a cargo hub for this whole area, especially with all of the growing taking place there. And a lot of times -- and I'm -- Marco is in my district, so I have to tell you this: Sometimes because we're so focused on Immokalee-- and even you guys -- we forget to mention anything about Marco, and we almost passed up an opportunity to get a taxiway in there, which is so desperately needed, and luckily we pulled that out of the fire before it -- we lost it. And I just want to make sure that there is some little effort to extend it there to keep that going as well. And so -- and all I'm looking for is an assurance right now. Go. CHAIRMAN COYLE: Who's first? MR. EDWARDS: I'll begin. Yeah, I actually was out there yesterday. And it's a beautiful airport, but I can see during the season that it must have a very difficult time dealing with, you know, the amount of aircraft that come in. Page 271 July 27-28, 2010 The taxiway is critical, as you mentioned. You need a parallel taxiway so you're not back-taxiing on a runway, which is just a bad practice to begin with, especially at a busy corporate facility with relatively large aircraft. But I think it's a great airport. The potential is limited by the property, but it still has, you know -- as you said, it's a great revenue source, beautiful airport. And I think with some of the improvements that are planned in some of the master plan I saw yesterday, I think it really has -- it will have, with the other two, a chance to shine. COMMISSIONER FIALA: Great, thank you. MR. CURRY: Well, Commissioner, I would dedicate the appropriate attention to every airport in the system as needed. With Marco Island, from an air traffic control perspective, there's no more dangerous situation than having an aircraft back-taxi full length. So to have that taxiway added to it so that you can clear the runway as soon as possible is an absolute necessity. But no airport under my watch will be neglected. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: And Commissioner Coletta has one additional question for you. COMMISSIONER COLETTA: Well, it was actually going to be directed to the County Attorney, but maybe you might be able to ask it. Would questions on military service be relevant to this? MS. PRICE: You can certainly speak to each of the candidates about any past experiences that they've had, so you can certainly ask a question specific to a past position they've held. COMMISSIONER COLETTA: Okay. Military service, starting with you, Mr. Curry. Would you give us an idea of any military service you had and how that background may assist you in what you would be doing? MR. CURRY: Yes, Commissioner. The military service has Page 272 July 27-28, 2010 made me what I am today. I mean, my field of expertise has been aviation from the time that I left high school. As you see in my resume, I've -- I spent 20 years in the Air Force as an air traffic controller, traveled all around the world, Guam. Actually had the pleasure of serving at two bases in Florida, Tyndall in Panama City, McDill in Tampa, along with about nine years of overseas service in Korea, Guam, England, and Germany, all aviation focused. The military required that you work with everyone. Even though you may not always see eye to eye, that was just the nature of the beast. You transferred, you had to follow under the leadership of several individuals while leading at the same time. I was able to obtain my degree, both degrees, in the air force through the military. So everything about me is because of the military background that I've had with one single focus, which has been aviation. COMMISSIONER COLETTA: Mr. Edwards? MR. EDWARDS: I do personally not have any military background, but I would like to .say thank you to Chris and the other members of this board, including Chairman Coyle, for his service towards this country. Thank you all. It's critical and great. CHAIRMAN COYLE: Okay. No other questions? I'm sure they're relieved. I have been in the position to interview lots of people over many, many years, and I have seldom seen two better or more equally qualified applicants for a position anywhere ever over my entire business and military career. I congratulate both of you. I think we are fortunate to be able to choose among two such well-qualified applicants. And the only sadness I feel is that one of you will not be here. If there's a way we could work this out so we could have an airport executive director for each of the two airports, and if we transferred the Immokalee -- or the Everglades Airport to the city, then that would be an ideal situation here, because I'd love to have both of you here in Page 273 July 27-28,2010 Collier County, but obviously we can't do that. COMMISSIONER FIALA: Well said. CHAIRMAN COYLE: So we're going to take a recess for a few minutes, and we are going to total up our score sheets, and we'll need some directions to the commissioners in order to do that. So if you want to relax, then we'll get on with it. COMMISSIONER HALAS: Probably take a recess and -- CHAIRMAN COYLE: Well, we're not going anywhere. We're going to have to do it right here. COMMISSIONER HALAS: Oh, okay. CHAIRMAN COYLE: Okay. It's just that we're going to be talking here about how we score these. Now here's the situation. We have seven questions that were suggested by the staff in the evaluation process. Not all of the seven questions were asked specifically. But we can't have one commissioner scoring five categories and another commissioner scoring ten categories. And we've had -- we've had ten substantive questions and then two that were just primarily yes or no answers. So you're going to have to provide us some guidance as to how we do this because we want to make sure it's scored on an equal basis, that is that each commissioner is scoring on the same number of criteria. And we can either do it by the question or we can try to translate our questions into your seven questions, or we can do it a different way. So you tell us how we should proceed here. MS. PRICE: My recommendation to you, Commissioner, is that instead of scoring with numbers at all that you consider the responses to the questions that you asked and instead only use the ranking sheet to guide you which of the two candidates is going to be number one and which is going to be number two. I can then compile those and tell you how you ended up together, and then you can discuss among the four of you how you want to take Page 274 July 27-28,2010 that forward. CHAIRMAN COYLE: Okay. So there's only one score. MS. PRICE: Number one and number two. CHAIRMAN COYLE: Number one and number two. Even we can remember that. MS. PRICE: I try to be simple. After yesterday, I figured everything should be kept simple. COMMISSIONER COLETTA: It's not simple. It's so equal it's unreal. I mean, whichever one is hired is going to work out great. It's -- my score came out with-- CHAIRMAN COYLE: You've got to make -- you've got to make a decision. COMMISSIONER COLETTA: I know you do, I know you do. You can't -- well, you can't make a wrong decision. CHAIRMAN COYLE: As painful as it is, you've got to make a decision. MR. EDWARDS: Mr. Chairman? CHAIRMAN COYLE: Very well. MS. PRICE: Just as a reminder, in the front of your book was the ranking sheet. Number one is the person you want to hire. Number two would be your second choice. CHAIRMAN COYLE: Okay. All right. Thank you very much. Yes, Mr. Edwards. MR. EDWARDS: I'm sorry. Mr. Chairman, I was just wondering if it would be allowable by the board just to make some maybe closing comments from both of us. CHAIRMAN COYLE: It would be fine ifboth of you wish to do so. MR. CURRY: Sure. CHAIRMAN COYLE: Okay, all right. You want to flip a coin, or you want me to flip acoin? MR. EDWARDS: No, that's fine, that's fine. We'll just go. Page 275 July 27-28,2010 First and foremost, thanks again for having me and my colleague Chris here. I think when all's said and done, this comes down to job creation, economic impacts, providing for this community. And the way we're going to go about doing it is creating a strategic plan, as even Chris had said, for each of the facilities and the aviation system as a whole, and work with the many, many stakeholders to try and create a shared vision and let these facilities be what they can really -- can be. It's an exciting opportunity. The system has so much potential in it. This is my passion. This is my love. This is what I do and what my career has done. And I think if we can work together, we can really make a huge difference to unemployment, underemployment, and the future of this area. And I look forward to that opportunity. So thank you for having me. I appreciate your consideration. CHAIRMAN COYLE: Thank you, Justin. Chris? MR. CURRY: And I'd like to equally applaud my colleague, Justin. I think he's a fantastic candidate. And ifhe's hired, I don't think you can lose as well. As you can probably see from a lot of my answers, I'm fairly direct. More action, very little words. I'm a thinking person as well, and to be honest with you, I tried to play out in my mind how this process would work, and I just could not figure it out. I said, I've never been in an interview in this type of forum. But I applaud your due diligence in the selection of this candidate, and I think whether it's Justin or myself, I think that you've definitely done your job as commissioners. So thanks again for having me here. CHAIRMAN COYLE: Thank you. MR. EDWARDS: Thank you. CHAIRMAN COYLE: And I have one final question. Ifwe Page 276 July 27-28, 2010 increase the salary and then split it, would both of you come here? Thank you very much. We're going to now record our selections. COMMISSIONER COLETTA: County Attorneys, Jeff, do you want us to keep our work papers with our voting form? MR. KLATZKOW: Yes. COMMISSIONER FIALA: I keep making mistakes when I'm writing. CHAIRMAN COYLE: Who's going to collect the sheets? MS. PRICE: I'll do it. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: But you only want these? CHAIRMAN COYLE: You want the work paper, too? Do you want us to turn in the work paper, too? MS. PRICE: When you're done, Commissioners, I'll collect all of that. CHAIRMAN COYLE: Okay. MS. PRICE: Commissioner Halas, do you have one? COMMISSIONER HALAS: Finishing up. MS. PRICE: No problem. Didn't want to rush you. CHAIRMAN COYLE: Here you go. COMMISSIONER FIALA: Fred, you said it eloquently. It was an extremely tough decision. CHAIRMAN COYLE: Hard. COMMISSIONER HALAS: I think staff ought to be commended for going through the process and bringing us forward the three best candidates. And I'm sorry that the other person dropped out. But I can tell you that we really appreciate the effort that our staff has done to bring you two gentlemen before us. And I'm very, very much impressed with both of you people. It's going to be -- it's a tough decision. And I hope whoever is not fortunate, I hope you'll still come back down to Naples, visit with us, Page 277 July 27-28,2010 and enjoy life and bring your families and everything else down here, because we've got a great community here. MR. CURRY: You have tons of golf courses. CHAIRMAN COYLE: Yes, yes, we do, more than any other people -- any other community. This is the golf course capital of the world. COMMISSIONER COLETTA: Great seafood, too. CHAIRMAN COYLE: She left the room to do this? COMMISSIONER HALAS: No. She's back there. MR. KLATZKOW: It's a lot of calculation, sir. CHAIRMAN COYLE: Oh, there she is, okay. COMMISSIONER HALAS: She's back in the uniback. COMMISSIONER COLETTA: It's going to take a while. There's four of us. CHAIRMAN COYLE: She needs an adding machine, right? COMMISSIONER COLETTA: It's got to be validated by the election commission. COMMISSIONER FIALA: Commissioner Coletta just said something about having great seafood. When I was up in Bar Harbor -- I don't know about him, but when I was up in Bar Harbor, you think I could find places that had lobster? CHAIRMAN COYLE: You can't. COMMISSIONER FIALA: It was like difficult to find -- CHAIRMAN COYLE: You know, the places -- I was up there with Tammie Nemecek. MR. KLATZKOW: There's nobody there. CHAIRMAN COYLE: And on the way out of town on the day we were leaving, they have these little lobster shacks along the way, and you stop there, and you actually -- you can choose a lobster out of the tank, they'll take the lobster out of the tank, cook it for you, com on the cob and some other stuff, and it's -- I mean, you have to do all the cracking. Page 278 July 27-28,2010 MS. PRICE: Commissioners, the votes are in. CHAIRMAN COYLE: I'm sorry? MS. PRICE: The votes are in. CHAIRMAN COYLE: Okay. MS. PRICE: Commissioners, three of you selected Chris Curry as number one, and one of you as number two, and then the reverse. So you've got three number ones for Chris Curry; three number twos for Mr. Edwards. CHAIRMAN COYLE: Okay. MS. PRICE: From there you need to make a decision. CHAIRMAN COYLE: What does that mean? MS. PRICE: That's the way -- that was the consensus of the group, and now you need to decide if that's the direction that you want to go. Perhaps one of you wants to make a motion or you want to discuss it a little bit. MR. KLATZKOW: You just voted three-one. COMMISSIONER HALAS: Yeah. So that's -- COMMISSIONER COLETTA: Make a motion that we approve Chris Curry. CHAIRMAN COYLE: Yeah, okay. COMMISSIONER HALAS: Okay. I'll second that. CHAIRMAN COYLE: Okay. If that's the way it turns out, that's the ratification of the votes. So all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. MS. PRICE: Commissioners, your executive summary asks you also to authorize the chairman to negotiate a contract and execute that contract so that we can move forward. You don't meet again until Page 279 July 27-28, 2010 September 14th. CHAIRMAN COYLE: Okay. Now give me the bottom-line total one more time in simple terms. Who got the most number one votes? MS. PRICE: Chris Curry got three number-one votes. CHAIRMAN COYLE: Okay, all right. Then that's the majority. Very well. All in favor of ratifying that selection, please signify by saYIng aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It is ratified unanimously. Thank you very much for being here, and I hope this won't be the last time we see you. MR. EDWARDS: It won't. COMMISSIONER COLETTA: Did we authorize you to do the contract? CHAIRMAN COYLE: Of course you did. COMMISSIONER COLETTA: Okay. COMMISSIONER HALAS: Good. Got the three nods. MS. PRICE: And your county attorney will help you with that. CHAIRMAN COYLE: No. MS. PRICE: Okay. Or not. MR.OCHS: Okay. Very good. CHAIRMAN COYLE: We'll deal with it. Thank you very much. I appreciate it. And we'll be seeing a lot of you, Chris. MR. CURRY: Thank you. CHAIRMAN COYLE: How quickly can you move? MR. CURRY: I'll have an answer for you shortly. Page 280 July 27-28,2010 CHAIRMAN COYLE: Okay, all right. Very well. Thanks a lot. Again, thank you very much for being here. It's a tough decision. COMMISSIONER HALAS: Very tough, very tough. CHAIRMAN COYLE: So we're going to have a ten-minute break, and then we will begin our -- the continuation of our Board of County Commission meeting from yesterday, and then we will begin our Growth Management Plan commission meeting. COMMISSIONER FIALA: May I ask, when we come back, do we do 8; is that where we start? MR.OCHS: Yes, ma'am. CHAIRMAN COYLE: We'll go back and start on 8, yes, that's right. MR. OCHS: Thank you. CHAIRMAN COYLE: Okay. Thank you very much. (A brief recess was had.) COMMISSIONER HALAS: We've got one more commissioner, but we've got a quorum. CHAIRMAN COYLE: We've got a quorum. Item #8A (July 28, 2010) RESOLUTION 2010-158: A RESOLUTION AMENDING SCHEDULES ONE, TWO, AND FOUR THROUGH SIX OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2006-27, THE COLLIER COUNTY W ATER- SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. THIS AMENDMENT INCLUDES PROPOSED RATES WITH EFFECTIVE DATE OF OCTOBER 1~ 2010 - ADOPTED MR.OCHS: Yes, sir. Commissioners, that takes us to Item 8A on your agenda. It's a -- to adopt a resolution amending Schedules Page 281 July 27-28,2010 one, two, four through six of Appendix A, Section four of the Collier County ordinance, number 2006-27. It's the Collier County Water-Sewer District uniform billing, operating, and regulatory standards ordinance. CHAIRMAN COYLE: Do we have any speakers on this item? MR. MITCHELL: No, sir. CHAIRMAN COYLE: Okay. This is a request to approve the final year of a three-year rate adjustment process that has already previously been approved; is that not true? MR. WIDES: Commissioner, for the record -- MR.OCHS: Yes. MR. WIDES: -- Tom Wides, operations director, Public Utilities. That is correct in your understanding. We brought this to you in June of 2008, and this is the third year. CHAIRMAN COYLE: Okay. And I make a motion to approve. COMMISSIONER HALAS: And I'll second that. CHAIRMAN COYLE: Okay. Is there any discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously, 3-0. MR. WIDES: Commissioners, thank you very much. CHAIRMAN COYLE: Thank you. COMMISSIONER HALAS: Thank you. Item #10C - Continuation from Tuesday, July 27,2010 discussion Page 282 July 27-28,2010 (Adopted on July 28,2010) RESOLUTION 2010-159: RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING PROPOSED MILLAGE RATES TO BE LEVIED IN FY 2010/11 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER, 2010 FOR THE BUDGET APPROVAL - SETTING THE PROPOSED MILLAGE RATE LEVIED AS .7161 AND CONFIRMING SEPTEMBER 9,2010 FOR THE AMENDED TENTATIVE BUDGET PUBLIC HEARING DATE AND SEPTEMBER 23,2010 AS THE FINAL BUDGET PUBLIC HEARING DATE - ADOPTED MR.OCHS: Commissioners, that takes us to Item 10C on your agenda this morning. It's a recommendation to adopt a resolution establishing proposed millage rates as the maximum property tax rates to be levied in fiscal year 2010/2011, and reaffirm the advertised public hearing dates in September 2010 for the budget approval process. Mr. Mark Isackson, Corporate Financial Planning and Management Services director, will present. MR. ISACKSON: Good morning. For the record, Mark Isackson with the County Manager's Office. You have a statutory responsibility on this item to establish the tentative millage rates as the maximum millage rates to be levied for the fiscal year 2011 budget cycle. You also, within the resolution, will set the September public hearing dates, those being September 9th and September 23rd, both on Thursday, both at 5:05 p.m. The resolution in your packet provides for the information as well as the exhibits. Exhibit A, the proposed maximum property tax rates by fund and taxing authority, as well as exhibit on taxable values and the proposed property tax dollars to be raised within each of the Page 283 July 27-28,2010 taxing authorities. There was an item of discussion yesterday at the conclusion of the session regarding the ability for the county to react to any funding requirements that may be forthcoming as a result of funding that may occur as a result of the state legislation and may happen as a result of final negotiations with the -- with the Jackson Labs. It was staffs contention at that point that any year-one funding could be accommodated on a short-term basis -- and I repeat that, a short-term basis -- one year or less. A figure of $28 million has been -- has been proposed. That figure came from the Jackson Labs business plan. We all know that marrying up the business plan with the state legislation is something that has to occur as part of the negotiating process, and staff feels that during that one-year time hiatus we'd be very comfortable in trying to fund that up on a cash flow basis using interfund loans until we know at what -- at such point in time what the final payout schedule might be. So that was a question that came up. Just wanted to provide the board with at least some assurance that -- at least from staffs perspective, that that approach can be -- can be pursued. The other aspect of that certainly will be in FY2012 when the specific funding parameters would have to be levied by the board, and those decisions would be made at the time when more information would be known at the -- regarding this project. COMMISSIONER HALAS: Thank you very much. I appreciate your answer on that, because I was the one that asked that. Oh, I'm sorry . CHAIRMAN COYLE: That's okay. COMMISSIONER HALAS: But I just wanted to -- CHAIRMAN COYLE: That's okay. He was answering your question from yesterday, so -- COMMISSIONER HALAS: Yeah. Page 284 July 27-28,2010 CHAIRMAN COYLE: And Commissioner Coletta has a question or comment or statement. COMMISSIONER COLETTA: All three, sir. CHAIRMAN COYLE: All three? COMMISSIONER COLETTA: Yes, thank you. Going back to the tax situation, we're talking about, if we go with the millage neutral, what would that be as far as a reduction of revenues coming in? MR. ISACKSON: Sir, your reduction is about $31 million. Your tax rate proposed is 3.5645 in the general fund. The rolled back rate is 4.0900. The difference between those two is roughly 31.5 million dollars. MR.OCHS: In your general fund. MR. ISACKSON: In the general fund alone. COMMISSIONER COLETTA: I understand. Now, this will translate to a savings to the taxpayers out there if we went with the millage neutral, correct? MR. ISACKSON: Well, I think you need to be careful about that, sir. COMMISSIONER COLETTA: That's what I want you to explain about the 3 percent from the state. MR. ISACKSON : You have a phenomena that's going -- that's going on this year, and it went on last year, where homesteaded property owners, especially those that have Save Our Homes exemptions still, could receive a tax increase. In other words, their taxable value will actually go up regardless of what we do in terms of our tax-neutral stance. The non-homesteaded property owners will see a tax decrease because their market value and their taxable value will be akin. And that will be evident when the TRIM notices go out the 24th of August by the property appraiser. COMMISSIONER COLETTA: But nevertheless, that -- we're Page 285 July 27-28, 20 I 0 talking about the county taking in less revenue than we have last year, as we have in the year before and the year before that? MR.OCHS: Yes, sir. MR. ISACKSON: That's correct. COMMISSIONER COLETTA: Yeah. I, as one commissioner, don't see any need to raise the millage at all. Just leave it where it is. Our residents out there don't need the heartache of receiving a TRIM notice indicating there might be a possible increase in taxes. And that's where I stand on it. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I'll second that motion. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: All right. We've got a motion by Commissioner Coletta and a second by Commissioner Fiala (sic) to leave the tax -- COMMISSIONER COLETTA: Commissioner Halas. COMMISSIONER FIALA: We look alike again today. COMMISSIONER COLETTA: You've got to start drinking decaf coffee. CHAIRMAN COYLE: I want you to get a sign and put your name on it, just as I did to you when you were -- we were doing that. Seconded by Commissioner Halas to leave the millage rate the name as it was last year even though the property values have decreased about 12 or 13 percent. It has resulted in -- it will result in a reduction of the county budget by $30 million this year and cumulative of about $460 million over the last three years; is that correct? MR. ISACCSON: That's correct, sir. CHAIRMAN COYLE: So the Collier County Commissioners have, by their actions over the past three years, reduced spending here $460 million so that our taxpayers didn't have to bear the brunt of this Page 286 July 27-28, 2010 . . economIC receSSIon. So we're doing our best to control costs here, and hopefully we'll continue to do that in the future. MR. OCHS: Commissioner, if I might, just one caution for the general public. Everything you said is absolutely true, but I'll remind the taxpayers again that this board is only responsible for about 28 and a half percent of the total tax bill, so -- CHAIRMAN COYLE: That's right. MR.OCHS: -- when you get your TRIM notice, understand that you are just one piece of a larger TRIM notice. CHAIRMAN COYLE: Yep, yep. COMMISSIONER FIALA: And I'm -- can I say -- CHAIRMAN COYLE: Commissioner Fiala. I got it right this time. COMMISSIONER FIALA: Well, you know, I even tried to wear my hair differently so I didn't look like Frank today. CHAIRMAN COYLE: Well, you know, there still is a remarkable resemblance. COMMISSIONER FIALA: Anyway. I don't think people really understand why the taxes will fall except for, in many cases, homeowner associ- -- homeowner-- MR.OCHS: Homestead. COMMISSIONER FIALA: -- homestead exemption. And, of course, if you want to explain that, just so people will understand about their home value and, you know -- and where their exemption lies compared to other people whose taxes had continued to rise. CHAIRMAN COYLE: Can I try that? COMMISSIONER FIALA: Sure, please. CHAIRMAN COYLE: Okay. Yeah. Here's -- here's a broad statement about taxes. Because we're leaving the millage the same as it was last year and your property assessed values are falling 12 percent this year, that means that you should get a 12 percent decrease Page 287 July 27-28, 2010 in property taxes next year. But for homesteaded property owners, that's not necessarily true because of the state law. Remember that when you bought your home maybe many years ago -- and this depends on when you bought your home -- your valuations for tax purposes were controlled at a very low level so that -- so that today your property valuations are down here and the market has done something like this, and then it started declining. Until the market rate -- market value assessment of your property falls down to the point of your current assessment level, you will always get a tax increase even though your property values fall. It's confusing to some people, but that's the way the state law reads. There's absolutely nothing we can do about it. We objected to the process that caused that. We wanted a more comprehensive overhaul of state taxes four years ago and, unfortunately, the taxpayers fell for the ruse of Amendment I, which put us in the situation we're in here. So -- but the commercial property owners and property owned by homesteaded property owners and they're not living in it -- in other words, if a homesteaded property owner has another residence or owns an office of some kind -- COMMISSIONER FIALA: Commercial property. CHAIRMAN COYLE: -- commercial property or even other residential property that's not homesteaded, you're going to get a reduction in costs. That is important because commercial properties are getting hit really, really hard, and they will get the affect of this reduction in taxes. So commercial properties and non-homesteaded properties are likely to all get a 12 percent reduction in taxes as a result of the decision we just made here today. COMMISSIONER FIALA: On our portion of the tax bill. CHAIRMAN COYLE: On our portion of the tax bill. COMMISSIONER FIALA: We have no idea what the school Page 288 July 27-28, 2010 board or any of the MSTUs-- CHAIRMAN COYLE: South Florida Water Management. COMMISSIONER FIALA: South Florida Water Management. CHAIRMAN COYLE: Mosquito Control. COMMISSIONER FIALA: Mosquito Control. They all have their own part of that tax bill. We're only talking about our 28 percent of your tax bill. Yeah, just to make it clear. CHAIRMAN COYLE: Yep, that's true. Now that is clear. And we have voted? COMMISSIONER HALAS: No. COMMISSIONER FIALA: No. MR. OCHS: No. CHAIRMAN COYLE: We haven't voted. It felt like we had voted. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: Okay. Then it's done. MR. OCHS: Thank you. Thanks, Mark. Item #10D (July 28, 2010) RECOMMENDATION TO CONSIDER APPROVING THE REQUEST BY THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY TO PROVIDE A WAIVER OF THE AVERAGE WAGE REQUIREMENTS AND QUALIFIED TARGETED INDUSTRY TAX REFUND PROGRAM PARTICIPATION REQUIREMENTS IN ORDER TO ALLOW Page 289 July 27-28,2010 HAYNES CORPORATION TO BE ACCEPTED INTO THE FEE PAYMENT ASSISTANCE PROGRAM, THE JOB CREATION INVESTMENT PROGRAM, THE JOB RETENTION INVESTMENT PROGRAM AND THE FAST TRACK REGULATORY PROCESS PROGRAM FOR THE EXPANSION OF THEIR CORPORATE HEADQUARTERS IN COLLIER COUNTY - APPROVED; STAFF TO COME BACK WITH RECOMMENDED CHANGES TO THE CURRENT PROGRAMS DUE TO PRESENT ECONOMIC CONDITIONS MR.OCHS: Commissioners, that takes us to 10D on your agenda this morning. It's a recommendation to consider, excuse me, approving the request by the Economic Development Council of Collier County to provide a waiver of the average wage requirements and the qualified targeted industry tax refund program participation requirements in order to allow Haynes Corporation to be accepted into the Fee Payment Assistance Program, the Job Creation Investment Program, the Job Retention Investment Program, and the Fast Track Regulatory Process Program for the expansion of their corporate headquarters in Collier County. Mr. David Jackson, business and economic development executive director, will present, along with Ms. Tammie Nemecek. David? MR. JACKSON: Good morning, Commissioners. David Jackson, executive director of Collier County's Business and Economic Development, working out of the County Manager's Office. The summary was read to you by the county manager. I'd like to add to his summary -- is that in the recommendations paragraph at the end of your executive summary it says, to additionally direct the county manager and the county attorney in coordination with the Economic Development Council to develop options for changes to the Economic Incentive Programs for future consideration by you, the Page 290 July 27-28,2010 board. The program is brought to you today with a request for waivers, and I know you probably have some questions about that in setting presence and what else would go on; however, looking at the recommendations that if you approve this recommendation today there will be a rework of the Economic Incentives Program brought back to you. And those programs they'll bring back to you will bring you something that is more in reality with the current market and market conditions. What we're working off is a 2005-based Economic Incentives Program. Economic development is not working with those programs currently, and those that have applied for the programs haven't been in it for very long. The -- today Collier County has just dropped from 12 percent unemployment rate to 11 percent. Every job that is created -- every job that is created in Collier County takes off one more tick of that 11 percent, and that is what our goals and our obj ectives are is to get down to that position, that part of it there. And if you look at some of where the wages are, trying to meet at 150 percent of the wage, $59,000, there aren't that many jobs out there. So for every job that you create, it takes off one more tick of that. Not everybody is eligible for or qualified for jobs that pay real high wage. But we have a lot of people out there that are unemployed. So what we did was, when we looked at the request for waivers, we've got to find a way for Collier County to receive the benefit of those wages. If they hired 20 new people from their company out in California or they hired 20 people here in Collier County, there's a good chance that these people may not live in Collier County. They may live in another county. And if they live in another county -- as was pointed out yesterday about how many times does the salary wash through the system, if they live in Lee County, it washed through their county. Page 291 July 27-28,2010 You don't get sales tax, you don't get gas tax; restaurants, businesses don't get the benefit of that. Maybe a lunch if they're here. So I did a real quick computation just for what we would have. If you look at what Amy Patterson and Tammie Nemecek put together in the program, that if the 20 new jobs that came in and the benefit that you'd pay for them would be $40,000 and they come in at $34,000, you'll end up with about, just using sales tax as a computation, of about $12,000 per year in sales tax. You divide that into the number of -- amount of money that you'll be providing them for incentive, you have recouped your money in three years. For the 42 jobs that they would keep here, you will recoup your money in 1.3 years. So the money washes through. And this is based off just a wash through of three times. I heard a commissioner yesterday said seven to nine times. That's pretty high. I'm one-third of that, and you still recoup your funds. Yes, these wages are not meeting the current status, but the status that -- where we're coming from is that the requirement would be, for the people that are hired, they would have to live in Collier County. When they live in Collier County that means you will have a good chance of recouping sales tax, gas tax, businesses fostered from that. If they buy a home, they're paying property tax. If they rent, rents still cover property taxes. You're filling up the empty houses. Who knows what they may buy or where they may live. So in that side of the thing, I recommend that the commission support this waiver with the caveat that you direct the attorney, Economic Development Council and county manager and staff, to bring back to you a reworked set of incentives that will be applicable to the current economic status, and you'll see that in September/October time frame. Also, if you have questions of interest, you do have Ms. Nemecek here, Amy Patterson, and also the owners of the company Page 292 July 27-28, 2010 are here if you wanted to hear more about that, or if you have any questions of me, sir. CHAIRMAN COYLE: Thank you. Questions? We have Commissioner Halas. COMMISSIONER HALAS: You're saying that basically the average wage here in the county has decreased since 2005; is that the understanding that I have from your presentation? MR. JACKSON: Yes, sir. COMMISSIONER HALAS: Okay. And how much -- what's the percentage that it has dropped? MR. JACKSON: I don't have that number, but the number when -- 2005, Tammie, you know -- somewhere in the 60,000 range. Now it's in the $39,000 rage. COMMISSIONER HALAS: Okay. MR. JACKSON: No, I don't have those numbers. I'm taking a guess. COMMISSIONER HALAS: Okay. MR. JACKSON: But it is less. COMMISSIONER HALAS: If you could find those and -- after we've discussed this, I would be interested to know how much decrease in the average wage here in Southwest Florida -- it can be Collier or Southwest Florida. MR. JACKSON: I'll get those numbers for you, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Yeah, I'm the one that, I guess, expressed my misgivings with how this was coming forward, and I'm glad you made those statements about how you're going to change the ground rules on this. To make an exception in the midstream with coming up with new rules for one company is a little bit discouraging, especially when we have a lot of local businesses here that would like the same Page 293 July 27-28,2010 consideration, you know, for being able to produce jobs for less than the 150 percent of the average wage that we were originally talking about. I have no problem. I understand economic conditions and what they are and how we have to get there. When do you plan to come back with us to change the ground rules? MR. JACKSON: My personally goal would be in September, but other factors may drive that, unless the board, in your motion to approve this, would direct it, first meeting or second meeting in September or first in October. Whichever you desire. MR. OCHS: Commissioner, if I might. We're working at a broader level through David's office with the Chamber, with the EDC, with other stakeholders in the community, to gather some information and to put together an action plan that we can bring back to the board in the September/October time frame that will not only incorporate the items that David's talking about, but also have some other suggestions and recommendations for this board to consider on some things that we can do in the near term as a commission and as a county to, perhaps, help stimulate the local economy. So we'd like to incorporate more than this into that presentation, and it would probably be October before we'd have that assembled. David is working with stakeholders in the private sector right now at the EDC and the Chamber to put together a series of focus groups in August, sit down and drill down with those business executives to find out where their problems are, what recommendations they have. We'll assemble all that, and our goal is to bring that back to this commission with some recommendations in the fall. COMMISSIONER COLETTA: If I may make one suggestion. The reason we originally came up with 150 percent is because we were trying to attract primo-type industry into Collier County, clean Page 294 July 27-28,2010 industry, that was going to benefit our citizens. Now, we're varying from that because the economic conditions have deteriorated to the point where we want to make sure that we can just provide a job for people. And that's a noble cause. But is there some way that when you're having these discussions, you might be able to bring back to us something that would have a timeline where we would have it revisited, a year, a year and a half, two years -- COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: -- whatever it would be. When the economy starts to improve, we could return back to our original direction of 150 percent of the median wage. MR. JACKSON: Yes, sir, absolutely, and that has been discussed and is going to be one of the factors in the program that we hope to bring back to you. Definitely, we do not want anything to be created such that it's static. The economy fluctuates. Whatever we have has got to be able to meet the conditions of -- as it changes. COMMISSIONER COLETTA: Thank you, Mr. Jackson. MR. OCHS: Tammie, go ahead. MS. NEMECEK: Just to note, too, is from a target industry standpoint, that's -- there's three layers of approval here. We look at target industries, we look at businesses that are generating their wealth outside the community, and we're looking at the wage criteria. This company who has been here a very long time and in an industry that really, quite frankly, diversifies that economic base that we're talking about, being a manufacturer here. Two is that, but for this incentive, they're not going to bring this California option here, operation here. They had a chance, quite frankly, a couple years ago when they acquired this operation to bring it to Collier County and chose not to at that point in time because they -- and I can let the company representatives talk about it -- the business climate just wasn't conducive for them to want to do that. Page 295 July 27-28, 2010 They've seen a significant change in the last several months in the business climate here and the attitude of the community towards businesses, and so it really, quite frankly, has changed their mind about wanting to do this kind of expansion here. So the wage criteria, again, I agree with you, it's about the higher wage jobs and bringing that wage up. Keep in mind that our wage number is a lagging indicator. It probably will go -- our average wage will probably go down again next year. And so, you know, you're trying to balance that up-and-down momentum of the wage with trying to increase the average wage. So -- and they have taken great consideration in predicting what that average wage will be and being very conservative in the number of -- not even putting in their bonuses or commissions that the employees would get. There's no benefits included in that average wage. In addition to that, there's no increases in salary in that average wage that you're seeing before you today. So I think that we're at the minimum of what the company would pay, but in all likelihood, the average will probably end up being a lot higher than what they have in their application. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Thank you. COMMISSIONER HALAS: You got it right this time. CHAIRMAN COYLE: I didn't even see the sign. COMMISSIONER FIALA: Just to make sure -- CHAIRMAN COYLE: Now, wait a minute. You're missing something. You've got to have a little flap that flips down and says, my light is on. COMMISSIONER FIALA: Oh. Yeah, that's right. You had that -- a sophisticated sign last year. CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: Yes. I have three questions. Page 296 July 27-28, 2010 First of all -- and this is very important to me -- do all these employees or all of the employees that you have or will have, will they have health insurance? MR. DIXON: All the employees do have health insurance. We cover 70 percent of their premiums, and we also offer employee profit sharing plans and incentive plans. There's also Advan Some stock, stock purchase plan. COMMISSIONER FIALA: I just wanted to make sure that they had health insurance so we wouldn't be paying for that as well. MR. DIXON: My name is Scott Dixon. I'm sorry. COMMISSIONER FIALA: Pardon me? MR. DIXON: My name is Scott Dixon. This is Brandy Dixon. COMMISSIONER FIALA: Are all your employees legal residents? MR. DIXON: Yes, they are. COMMISSIONER FIALA: Okay. And it talked about a fast track process. Only one waiver was granted to a company -- and this is for Tammie -- since the adoption of this program in 2003 -- and it talked about, they were only 9 percent below the wage requirements. It went on to talk a little bit about it. Did that company succeed? MS. NEMECEK: Yes, they did. COMMISSIONER FIALA: All right. Okay. Thank you. Thank you very much. CHAIRMAN COYLE: Okay. Commissioner Fiala. One of the other reasons, by the way, that we established the wage requirements at the level that we did establish them is because of the cost of living here in Collier County. People couldn't find homes here in Collier County at the wages that were being offered, and they were commuting from other counties. That situation also has changed here. The average cost of a home in Collier County has declined dramatically, and there are affordable housing opportunities here in Collier County. So that's another reason Page 297 July 27-28, 2010 why we should take a look at these requirements, and I would make a motion that we grant this waiver with guidance to staff to come back to us with a report in the fall about changing the programs so that they are in consonance with the economic indicators of Collier County. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. And we have a second from Commissioner Halas and Commissioner Fiala. Any further -- COMMISSIONER COLETTA: Me, too. CHAIRMAN COYLE: And Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like signs? (No response.) CHAIRMAN COYLE: It is approved unanimously. And congratulations and good luck with your company. MS. DIXON: Thank you. MR. DIXON: Thank you. And we'll bring the California operations here. CHAIRMAN COYLE: Good. MR. DIXON: And we look forward to it. MS. DIXON: Thank you. CHAIRMAN COYLE: Thank you. Item #llA (July 28, 2010) PUBLIC COMMENTS ON GENERAL TOPICS - MARCO ESPINAR~ NOT PRESENT Page 298 July 27-28,2010 MR.OCHS: Commissioners, that takes us to Item 11 on your agenda, public comment on general topics. Ian, any registered speakers? MR. MITCHELL: Yes, we do, yes. Marco Espinar? MR. KLATZKOW: He's not here. COMMISSIONER FIALA: He was here all day yesterday. MR. MITCHELL: He's not here. COMMISSIONER COLETTA: He's not here. CHAIRMAN COYLE: Is that the only speaker? MR. MITCHELL: That was the only speaker, sir. CHAIRMAN COYLE: Okay, very well. Item #15 (July 28, 2010) STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Then we'll go to communication for the county manager. MR.OCHS: Yes, sir, thank you. Commissioners, we received some good news the other day from Senator Nelson's office that he had been successful in getting a million-dollar earmark to move forward with the interchange study at 1-75 and Everglades Boulevard, and I sent you-all the email from our federal lobbyist to that effect. We would like to send a formal letter of thanks to the senator's office and would ask the board's permission to allow me to draft that up for the Chairman's signature. COMMISSIONER HALAS: Yes. MR. OCHS: If I could get three nods on that. COMMISSIONER COLETTA: Yes. One other comment, if I Page 299 July 27-28,2010 may. CHAIRMAN COYLE: Sure. COMMISSIONER COLETTA: That's a wonderful idea. We need to go in that direction. Senator Nelson's in tune with our needs out there as far as the interchange goes. I would also recommend that we direct the Chair to write a letter to our congressional delegation in Washington, D.C., asking their support from the congressmen for when this comes before the house. CHAIRMAN COYLE: Okay. MR.OCHS: Yes, sir. COMMISSIONER COLETTA: And this is -- this would be another million dollars to be able to apply towards the interchange. One of the suggestions that I got from Mr. Feder is that we ask for this money to be applied towards -- am I saying this right, Norm-- design -- towards the design? MR. FEDER: Yes, Commissioner. Right now we're working, as you know, on the interchange justification request. Based on prior monies and DOT programming, the project development environment study, the next phase, is programmed. These dollars should go to design, but by congressional earmark to design it helps us in our justification process that congressional action has already put money specifically to the design of the interchange. COMMISSIONER COLETTA: I would hope that would be included in all of the correspondence. CHAIRMAN COYLE: Okay. Good. MR.OCHS: Commissioners, while I have Norman here, we also receive a request that's time sensitive from the Seminole Tribe of Florida regarding their road reservation long-range planning initiative, and they're asking for a letter from the Chairman. I've asked Norman to just briefly explain what this is and see if we could get consensus from the board to work with the tribe. MR. FEDER: Very briefly. A consultant for the Department of Page 300 July 27-28,2010 Interior, Bureau of Indian Affairs working for the Seminole Tribe of Florida, is updating what they call their 2010 Indian Reservation Road Inventory . There is a portion of the federal funding that's called IRR or Indian Reservation Roads, and only roadways related to the Indian reservations and on their inventories are eligible for that funding. They're recommending both 29 and Immokalee Road -- in our case Immokalee Road in our jurisdiction -- be added to that inventory effectively from 29 on Immokalee Road all the way down to 43rd, which is effectively where we have the multilaning as exists today. What this means is now it's eligible for that funding source. What we're recommending is that the Chairman send back a letter acknowledging that we have no problem, obviously, with it being added to the inventory, however, making it very clear that, should they receive any funding there, it needs to be any improvements done in cooperation with the county and with our approval and making it clear that it doesn't grant any jurisdiction, ownership, or any other authority over said roadways to the tribe nor that improvements take place without the county's concurrence, but it does acknowledge that if they get these funds for improvements or any improvements made that we concur in, that we will continue to operate and maintain that county road, in this case Immokalee Road. COMMISSIONER COLETTA: Quick comment, sir. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I'd like to -- I would like to recognize Commissioner Coy Ie for the work he did in this direction to bring this around. Thank you very much, sir. CHAIRMAN COYLE: Thank you. MR. OCHS: Oh, you need that, Norm? Commissioners, also just real quickly, I wanted to remind the board and the public that we have received the preliminary DFIRM maps from FEMA. Staff has been going through their 30-day review Page 301 July 27-28,2010 for accuracy, and then we will begin the public information process. You see the series of public information meetings that have been scheduled beginning on the 16th and continuing on through August the 20th. Staff is also on all of your calendars, I believe three of you tomorrow and one of you we've already talked to, to give you preliminary briefing on what the maps tell us, so that was just a reminder. COMMISSIONER COLETTA: Comment? CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I think it's important for the public also to know that this is a federal initiative and not a county initiative and that the Chair, with the direction of the commission, has written a letter to our congressional delegation protesting the timing of these meetings, which take place during the middle of the summer when a lot of our residents aren't -- are not here. At this point in time I don't believe we received any replies back from those letters asking for a change of date, and I doubt if -- it's probably too late now to see it change. MR.OCHS: Well, the indications we had from FEMA were that they were going to continue with the schedule as they had originally envisioned, and that's why, you know, these meetings are scheduled for August. So the Chair did, in fact, send the letter, but so far it hasn't been positively received by FEMA. COMMISSIONER COLETTA: Once again, I want to recognize the Chair for standing up for this and moving this issue forward to try to bring it to a more reasonable time frame. MR.OCHS: Yes, sir. Last thing I have, Commissioners, is, believe it or not, it's time to look at your board meeting calendar for November and December. The scheduled meetings for November, of course, are the second and fourth Tuesdays. I will bring -- we need some decision particularly on the meeting of the 23rd. Typically, you know, the board has not wanted to meet that week of Thanksgiving. Page 302 July 27-28,2010 You have a couple of options. You can just meet one time in November if you'd like, or we can move that meeting to the final Tuesday, which would be the 30th of November, and it would still leave you two weeks between that meeting and your first meeting in December. I'll also remind you that the legislative delegation is scheduled to meet -- at least right now they are planning to meet on the 23rd as well. As you know, they meet formally there in the morning in Immokalee every year, then they come back into town for the afternoon meeting. That meeting typically rotates between the commission chambers and the city council chambers. They would like to hold it here but, of course, if we're going to have our regular meeting, then we'll need to make arrangements to move that delegation meeting to the city hall. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Mr. Chairman and County Manager, I like the idea of the 30th. I think that that way anybody who is going away, including our -- not only us, because I'm here cooking -- but, you know, anybody in our community who wants to be at these meetings or wants to participate, they won't then miss the meeting. I think the 30th is a better date. COMMISSIONER COLETTA: Question, if I may. I just want to make sure I understand. We're talking about still having a meeting on the 9th and then a meeting on the 30th; is that correct? MR.OCHS: Yes, sir, that's one of the options. COMMISSIONER COLETTA: Yeah. Do you foresee a need for a meeting during that time or -- I know our load has been extremely light because of the lack of commercial endeavors out there. MR. OCHS: Commissioner, you can go to one meeting in November if you want. We also had, at least at this point, just planned on a single meeting in December, again, which is kind of keeping with board practice. Page 303 July 27-28,2010 So as long as the board understands that if you want to have one meeting in November and one in December, they may be fairly lengthy agendas. But you know, we've faced those before certainly. CHAIRMAN COYLE: That's right. We do that all the time. Let's go with -- for November, let's go with first -- or the second and sixth Tuesdays in November. COMMISSIONER FIALA: Sixth? COMMISSIONER COLETTA: I'm sorry? COMMISSIONER FIALA: I see. MR.OCHS: Got it. COMMISSIONER HALAS: Go back to November. CHAIRMAN COYLE: Yeah, go back to November. Kill the one on the 23rd, right; is that okay? COMMISSIONER FIALA: Yeah. MR.OCHS: So one meeting each in November and December; is that the consensus? COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: That would be fine. MR.OCHS: Very good. Thank you. CHAIRMAN COYLE: And if we need to go two days, we go two days. MR.OCHS: Okay. COMMISSIONER FIALA: We're going two days today. COMMISSIONER COLETTA: Or if we even see an extreme load coming up, we can always plan a month ahead to be able to have meetings. CHAIRMAN COYLE: That's right. COMMISSIONER COLETTA: Couple times, like the two preceding weeks. MR.OCHS: Yes, sir. That's fine. COMMISSIONER COLETTA: There's no problem with it. Whatever the public needs out there, we'll do. Page 304 July 27-28,2010 MR.OCHS: Okay. Very good. That's all I had. Thank you. CHAIRMAN COYLE: And -- okay. And you've got December straightened out, right? MR.OCHS: We're going to meet on December the 14th, and that's the only board meeting scheduled for December. CHAIRMAN COYLE: That's great. MR. OCHS: Thank you. CHAIRMAN COYLE: Good. MR. OCHS: That's all I had, Mr. Chair. CHAIRMAN COYLE: Okay. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Chairman, I want to thank you for your leadership yesterday in maintaining law and order in this room. It was difficult at times, but I want to say that you're to be commended for getting us through what was a very, very difficult meeting, and we still had -- got a lot of things accomplished before we left at six o'clock. Thank you so much. CHAIRMAN COYLE: Well, thank you, and you're being very kind. I don't know how much order was maintained, but I think we did it here to the law. But thank you all for your participation and support in getting these difficult decisions made for our community. As far as other communication items for me, as you know, I -- as chairman, I also chair the Tourist Development Council, and the TDC reached a decision this past meeting to transfer some money out of the fund for public beach facilities into advertising in preparation for the advertising campaign for the new fiscal year. They are suffering effects of the oil spill. There have been a lot of cancellations, and they're -- we have submitted a request for reimbursement to British Petroleum. We don't know what the status Page 305 July 27-28, 2010 of that will be. In any event, the TDC proceeded to ask for diversion of funds from public beach facilities. And so they will be giving -- sending that recommendation to us. It is important that we be prepared to make a decision on that in September. So what I would like to ask that we do is we look at their recommendation to determine if we -- if it's supported -- if it's supportive and provide guidance concerning that, but that we also go a bit further than that and review the allocation processes and percentages for all of the other organizations that have depended upon TDC funding. That does not imply that we reduce anything or eliminate anything. It merely -- merely is an assessment by the Board of County Commissioners to determine if it's necessary to make any allocation changes. And my reluctance in seeing this happen at the TDC meeting was that none of the stakeholder organizations had been consulted, and it hadn't been vetted through any of the committees like the Parks and Recreation Board -- MR.OCHS: Yes, sir. CHAIRMAN COYLE: -- our staff, the Coastal Advisory Commission -- or Council, the museums, and others. And it appears to me that if we're going to be making changes in allocations, we ought to get all of those organizations in here and listen to them before we start making any changes to the allocation process. We just need the information. And perhaps by that time we'll have more information about whether or not any of the British Petroleum money is coming in, which should have a significant impact on this issue. So I promised them that I would bring it to your attention so that the staff could be working on this, and at one of our meetings in September we would be in a position to say yes or no. Okay? Page 306 July 27-28,2010 MR.OCHS: Yes, sir. CHAIRMAN COYLE: If we have three nods for that-- MR. OCHS: If I might, just a point of clarification. The million-dollar reallocation out of beach park facilities for advertising, we can get that certainly to you by the first meeting in September. The bigger reallocation question may take a little more time, depending on what all the schedules of your other advisory boards and stakeholder groups are. CHAIRMAN COYLE: That's right. MR. OCHS: But we'll work at that diligently as well. CHAIRMAN COYLE: But if you could encourage those other organizations to provide their recommendations to the staff. They can have meetings between now and September. And at least we'll be, in September, in a position to make a decision on something rather than being in September asking somebody to give us information on which we will have to make a decision in October or November. MR. OCHS: Okay. CHAIRMAN COYLE: So it's merely an attempt to expedite the process so there is no confusion about what money is available to do what. Okay? MR. OCHS: But the current allocations fund operations for the coming fiscal year, so -- CHAIRMAN COYLE: That's an important consideration. MR.OCHS: Yes. CHAIRMAN COYLE: Yes, it is. And you have to keep that in mind. MR.OCHS: Yes, sir, thank you. CHAIRMAN COYLE: Okay. So Commissioner Halas? COMMISSIONER HALAS: Yes. We've -- I think we've worked diligently with the TDC in other regards to make sure that we have an advertising budget for them. I would also like to know what the large hoteliers, what -- their Page 307 July 27-28,2010 contribution they're putting into this advertising budget. I know that we wrestled with this allocation deal about two years ago or three years ago, and I'm concerned that -- where we might be going with this. And I know this is up for discussion in September or October, whenever it's brought back to us -- and that is taking away any additional funding from museums or other people that are involved in this. And I'm wondering how this is going to affect some proj ects that are down in my area and Fiala's area in regards to enhancing some of our beaches. Is this going to have a vast effect on some of the things that we want to try to get accomplished? MR.OCHS: Well, I think that's what the Chair's saying, that that all needs to be vetted with your advisory boards that have some jurisdiction over those particular areas, and they're going to -- they're going to advise you of the impact of any change in allocations. COMMISSIONER HALAS: And then the other thing is, also making sure that we have sufficient funds for beach renourishment if we have an event. So I'm hoping that all of these other identities (sic) will get together so that we have a full understanding of the impact if we start trying to move funds around here. MR.OCHS: Yes, sir. CHAIRMAN COYLE: And that's what you're going to do for . h? us, ng t. MR.OCHS: Absolutely. CHAIRMAN COYLE: Okay, good. And it -- I don't know that it -- that it all has to be solved in the first meeting of September. So rather than overloading a single meeting, if you distribute it between the two meetings, then that would be acceptable, I think, just as long as we can -- we're prepared to make a decision sometime in September so that -- so that the TDC will understand what their advertising budget can be. Page 308 July 27-28,2010 MR. OCHS: Understand. CHAIRMAN COYLE: Okay. And that's all I had. And Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir, thank you. Two items. One, the -- that the group we put together here in Collier County to move the state initiative forward for P ACE has met a small obstacle, and I have a letter here that I'd like to read that I'd like to have the Chair sign and send on to all the appropriate people in Congress. Weare writing to ask you to support legislation recently introduced by Senator Mike Thompson, known as the PACE Assessment Protection Act of 20 10. This legislation seeks to guarantee local government the right to establish clean energy programs known as Property Assessed Clean Energy . PACE is a local government solution that helps homes and building owners finance energy, efficiency, and renewable energy improvements, and is supported by a sentry of legal and historical precedence for special assessment districts, including more than 37,000 districts that have been used to finance sewers, sidewalks, and other projects that serve a public purpose. In the past two years, 22 states, including the State of Florida, have passed laws enabling local government to develop PACE programs. A number of local governments around this nation have embraced PACE as pilot program, as it appears to hold significant potential to cut energy bills and create local jobs and reduce greenhouse gas emissions by spurring investment in clean energy improvements. Collier County currently is researching the potential of developing a PACE program here, and we'd like the opportunity to explore the initiative further to evaluate how it might benefit our citizens. We note that P ACE has received strong bipartisan support nationwide in red states and blue states, because creating jobs, saving Page 309 July 27-28, 2010 energy and reducing utility bills for families and businesses are issues important to all Americans. Unfortunately, despite PACE's promise, the Federal Housing Finance Agency and the Office of Comptroller of the Currency issued recent statements blocking our nation's PACE pilot programs. The regulatory action is a challenge to states' rights to levy tax assessments for a public purpose, and we understand that they are wrongly assessing -- that the -- assuming that the consumer and the lender protections are not sufficient despite having their concerns addressed by the White House-led interagency working groups. Because of FHF A's oversight of Fannie Mae's and Freddie Mac's, the OCC's influence over our nation's banks, the regulatory statements have forced the existing PACE programs to hault, and froze the ability to launch residential P ACE programs already under development nationwide. This effectively removes a choice we believe our local government bodies has a right to make. Please urge Congress which charter Fannie Mae and Freddie Mac and which established FHF A and OCC to act now to pass legislation that guarantees the rights of states and local government to form special assessment districts to promote clean energy programs. Please support the PACE initiative. And we ask the Chair to sign this and hope that my fellow commissioners will agree and direct the Chair to do so. CHAIRMAN COYLE: I would ask that -- I would be happy to do so subject to the review by County Attorney to make sure that the statements about rights and obligations are, in fact, correct. So -- if -- COMMISSIONER COLETTA: That's fine by me. MR. KLATZKOW: Okay. CHAIRMAN COYLE: Okay. And okay with -- we have two nods? COMMISSIONER FIALA: Yeah. I'm just wondering, in essence, in plain words -- Page 310 July 27-28,2010 COMMISSIONER COLETTA: Sure. COMMISSIONER FIALA: -- what Congress is trying to do is cut the funding for PACE; is that -- COMMISSIONER COLETTA: No, absolutely not. What's happened is, is everything's been going forward. Congress has given backing of this in the past. The states -- 37 states have approved their PACE programs. What happened is, we have two agencies within the United States Government connected with the -- with Fannie Mae and Freddie Mac that have put a stop to the P ACE program thinking that it may endanger their ability to be able to collect sometime in the future on foreclosures. And Congress has got a bill before them now to be able to remedy the situation, and we're asking -- we're -- our support to be able to send it on to them. COMMISSIONER FIALA: Thanks for the explanation. I didn't understand what was prompting this. Okay. Thank you. CHAIRMAN COYLE: Good, okay. COMMISSIONER COLETTA: Thank you. And I have one more thing. This is an issue that I'd really like to bring up. As you know, our commissioner, fellow commissioner here, Frank Halas, will be leaving us in November after putting in eight years of service. And I can tell you, here's a man that's put in hours way over and above what normally commissioners put in. He's been in this building working diligently on the county's behalf way past what you'd normally expect a County Commissioner to do. In recognition of his service, I'd like us to give consideration to naming the new Vanderbilt greenway after Frank Halas. COMMISSIONER FIALA: I like that idea. COMMISSIONER HALAS: Oh. CHAIRMAN COYLE: I'd go with Vanderbilt Beach. COMMISSIONER COLETTA: Well, I didn't think naming a Page 3 11 July 27-28,2010 restroom after him would be appropriate, although that was my second choice. CHAIRMAN COYLE: No. I was talking about the beach. COMMISSIONER FIALA: The whole beach. COMMISSIONER HALAS: I feel very honored, and I'm humbled to think that you feel this amount of affection for what we've accomplished here in this county over the last eight years, and I thoroughly appreciate working with each and every one of you. And I know some of us have spent some time up in Tallahassee, we've spent time in Washington, and we also worked pretty diligently with Florida Association of Counties. And I think this county's got a pretty good reputation. And we have F AC now working on our behalf to take an issue before the Supreme Court of Florida. And I thank you very much. CHAIRMAN COYLE: Thank you. And we'll have time to thank you again before you leave. He's not leaving before November, so don't worry about-- MR.OCHS: So am I hearing consensus so as we move forward with the signage and the planning of that greenway we can -- we can move in that direction? COMMISSIONER COLETTA: Would you like that in the form of amotion? I'll be happy to make it. MR.OCHS: That would be great, Commissioner. COMMISSIONER COLETTA: Then I make a motion to do so. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Me, too. COMMISSIONER FIALA: Third. CHAIRMAN COYLE: I know which way he's going to vote. COMMISSIONER HALAS: I'm going to abstain. MR. OCHS: Call the question. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: All in favor, please signify by saying Page 312 July 27-28,2010 aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: (No response.) CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Thank you very much. COMMISSIONER HALAS: Thank you. I feel very honored. COMMISSIONER COLETTA: That concludes what I have. CHAIRMAN COYLE: Okay. Then I'll entertain a motion for adjournment. COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to adjourn. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: We are adjourned. Now, we're going to take up the Growth Management Plan right now . We'll break for lunch at 12 noon, unless the audience would rather break for lunch now and come back at one. Do it now, okay. Let's do it now. ***** ****Commissioner Henning moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Page 313 July 27-28, 2010 Item #16A1 RESOLUTION 2010-130: UPDATING LANGUAGE AND REDUCING CERTAIN FEES IN THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE FOR DEVELOPMENT RELATED REVIEW AND PROCESSING SERVICES AS PROVIDED FOR IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 2-11 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A2 - Withdrawn (Per Agenda Change Sheet) FINAL APPROVAL OF ROADWAY (PRIV ATE) & DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF AVE MARIA PHASE THREE WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A3 RECORDING THE FINAL PLAT OF ARTESIA NAPLES, PHASE 1- 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 LAKOY A, APPROVAL OF THE STANDARD FORM CONSTRUCTION & MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Page 314 July 27-28,2010 Item #16A5 RELEASE AND SATISFACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. KENNETH PRICE AND PENNY ANN PRICE, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEAU2009011940, RELATING TO PROPERTY AT 6111 CEDAR TREE LANE, COLLIER COUNTY, FLORIDA - WAIVING THE $8,000 IN FINES RESULTING FROM AN ADMINISTRATIVE ERROR Item #16A6 RELEASE AND SATISFACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ISRAEL AND DELMA GALLEGOS, CODE ENFORCEMENT BOARD CASE NO. 2007060101, RELATING TO PROPERTY LOCATED AT 1318 PEAR STREET, COLLIER COUNTY, FLORIDA - FOR A PAYMENT OF $86.45; WAIVING $11,800 IN FINES FOR OWNER-OCCUPIED PROPERTY THAT HAS BEEN BROUGHT INTO COMPLIANCE Item #16A7 RELEASE AND SA TISF ACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JASON BOTTIGLIA, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 2007100032, RELATING TO PROPERTY LOCATED AT 102 CEDAR CREST COURT, COLLIER COUNTY, FLORIDA - FOR THE PAYMENT OF $203.41 ; WAIVING THE $292,500 IN FINES Page 315 July 27-28,2010 FOR FORECLOSED UPON PROPERTY BROUGHT INTO COMPLIANCE BY COUNTRYWIDE HOME LOANS INC. C/O FEDERAL NATIONAL MORTGAGE ASSOCIATION Item #16A8 RELEASE AND SATISFACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JEFFREY A. STOLZ, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEV20080012174, RELATING TO PROPERTY AT 3311 8TH AVENUE SE, COLLIER COUNTY - FOR THE PAYMENT OF $700.00; WAIVING $10,162.78 IN REMAINING FINES FOR PROPERTY BROUGHT INTO COMPLIANCE BY THE MORTGAGE HOLDER THAT HAS INITIATED FORECLOSURE PROCEEDINGS Item #16A9 RELEASE AND SATISFACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. TERESO BAUTISTA AND EMILIANA LOPEZ VASQUEZ, CODE ENFORCEMENT BOARD CASE NO. 2006100651 AND CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 2005110328 RELATING TO PROPERTY LOCATED AT 3545 23RD AVENUE SW, COLLIER COUNTY, FLORIDA- FOR THE PAYMENT OF $559.10, WAIVING $106,050 IN REMAINING FINES FOR FORECLOSED UPON PROPERTY BROUGHT INTO COMPLIANCE BY THE BANK OF NEW YORK~ MELLON BANK Item #16A10 Page 316 July 27-28, 2010 PARTIAL RELEASE OF FOUR LIENS IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JILL J. WEA VER AND HENRY TESNO, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NOS. 2007-110459, 2007-020244, 2006-081081 AND 2007-080702, RELATING TO PROPERTY AT 3069 LUNAR STREET, COLLIER COUNTY, FL. (REVENUE RECEIVED $3,368.87) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A11 COUNTY MANAGER OR HIS DESIGNEE TO DRAFT AMENDMENTS TO ORDINANCE NO. 2009-32, AS AMENDED (ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE), FOR FUTURE CONSIDERATION BY THE BOARD TO MAINTAIN CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE - TO CONFORM WITH CHANGES REGARDING FUNCTIONS AND DUTIES OF THE BOARD Item #16A12 RESOLUTION 2010-131: AUTHORIZING A LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WHEREIN COLLIER COUNTY WILL BE REIMBURSED UP TO $315,000 FOR A FEASIBILITY STUDY AND CONCEPTUAL PLANS FOR PEDESTRIAN OR BICYCLE FACILITIES AT THE 1-75 & IMMOKALEE ROAD INTERCHANGE (FDOT PROJECT #416237-1-38-01) - TO BE COMPLETED BY DECEMBER 30~ 2011 Page 317 July 27-28, 2010 Item #16A13 COUNTY MANAGER, OR HIS DESIGNEE, TO PREP ARE AN ORDINANCE RE-ADOPTING FINISHED FLOOR ELEVATION CRITERIA WHICH WAS INADVERTENTLY REPEALED BY ORDINANCE 2009-59 AND ALLOWING FOR INTERIM STANDARDS - AMENDING ORDINANCE 86-28, THE FLOOD DAMAGE PREVENTION ORDINANCE, BY REINSTATING CRITERIA THAT WAS REMOVED BY THE UNINTENDED REPEAL OF ORDINANCE 2002-01 Item #16A14 ACCEPT THE FINAL REPORT FROM THE FEDERAL TRANSIT ADMINISTRATION FOR THE FY2010 TRIENNIAL REVIEW OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - COLLIER AREA TRANSIT - REVIEWING TWENTY-FOUR PERFORMANCE AREAS TO EVALUATE COMPLIANCE WITH FTA REGULATIONS; DEFICIENCIES WERE NOTED IN THE AREAS OF "LEGAL" AND "DRUG FREE WORK PLACE" THAT HAVE SINCE BEEN ADDRESSED AND RESOLVED Item #16A15 WORK ORDER FOR THE IMMOKALEE ROAD SHOULDER IMPROVEMENT PROJECT TO BETTER ROADS, INC., FOR APPROXIMA TEL Y TWO MILES OF IMMOKALEE ROAD (C.R. 846) WEST OF CAMP KEAIS ROAD. CONTRACT #09- 5197 IN THE AMOUNT OF $212,270.84 - TO IMPROVE SAFETY ON BOTH SIDES OF THE ROADWAY Item #16A16 Page 318 July 27-28,2010 ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT WITH TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150 - FOR AN AGREEMENT WITH E & M TRANSPORTATION SERVICES FOR THE ROAD SEGMENT KNOWN AS RANDALL BOULEVARD FROM EVERGLADES BOULEV ARD~ AND HEADING WEST FOR ONE (1) MILE Item #16A17 A COORDINATION AGREEMENT BETWEEN COLLIER COUNTY, COMMUNITY TRANSPORTATION COORDINATOR (CTC), AND EDEN INSTITUTE, INC. FOR THE PROVISION OF TRANSPORTATION SERVICES TO TRANSPORTATION DISADVANTAGED CLIENTS - EXTENDING THE AGREEMENT TO MAY 26, 2012 TO SERVE THE NEEDS OF INDIVIDUALS WITH AUTISM Item #16A18 FY 2011-2020 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN (TDP) TEN-YEAR MAJOR UPDATE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A19 RESOLUTION 2010-132: SUPPORTING A 2010 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, BID NO: RFP/DF-09/10-59 GRANT AGREEMENT IN THE AMOUNT OF $24,500 TO ACQUIRE (4) PEN TABLET COMPUTERS TO UPDATE THE EXISTING TREE INVENTORY DATABASE AND TRAIN STAFF; RECOMMEND THE CHAIRMAN ENTER INTO Page 319 July 27-28,2010 A RESOLUTION & MAINTENANCE AGREEMENT WITH FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY - REQUIRING A FUNDING MATCH OF 50% AND NEEDS TO BE COMPLETED BY SEPTEMBER 1,2011 BY THE COUNTY'S ALTERNATIVE TRANSPORTATION MODES LANDSCAPE OPERATIONS Item #16A20 RESOLUTION 2010-133: MEMORIALIZING AN AMENDMENT TO A 2007 STATE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE COUNTY TO EXPAND LIMITS OF FUNDING REIMBURSEMENT; AUTHORIZING THE CHAIRMAN TO EXECUTE AGREEMENTS WITH FLORIDA DEPARTMENT OF TRANSPORTATION TO BE USED FOR CONSTRUCTION OF SR84 (DAVIS BOULEVARD), PROJECT NO. 60073 SR/CR 951 (COLLIER BOULEVARD) PROJECT NO. 60092 TO MAGNOLIA POND DRIVE - FDOT WILL REIMBURSE THE COUNTY FOR INTERSECTION IMPROVEMENTS IN (4) ANNUAL PAYMENTS OF $5 MILLION DOLLARS BEGINNING IN 2012 Item #16A21 AFTER THE FACT APPROVAL TO SUBMIT A STATE OF GOOD REPAIR (SGR) BUS AND BUS FACILITIES GRANT APPLICATION, FOR THE AMOUNT OF $10.4 MILLION, TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER STATION AT COLLIER COUNTY'S GOVERNMENT CENTER- AS DETAILED IN THE EXECUTIVE SUMMARY Page 320 July 27-28,2010 Item #16A22 ACCEPT THE ALL-WAY STOP WARRANT STUDY AND CONSTRUCTION & OPERATION OF A 4- WAY STOP CONTROL AT THE INTERSECTION OF VINEYARDS BOULEVARD AT ARBOR BOULEVARD, FOR INSTALLATION COSTS OF APPROXIMATELY $13,000 WITH AN ANNUAL MAINTENANCE COST OF APPROXIMATELY $500 - APPROXIMATELY 850 FEET SOUTH OF VANDERBILT BEACH ROAD Item #16A23 PERMANENT DRAINAGE EASEMENT OVER A PORTION OF TRACT 4~ LELY RESORT~ PHASE ONE Item #16A24 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT -OF- WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 489RDUE), REQUIRED FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN WILSON AND DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $1,600) - COVERING 2,175 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 78~ TRACT 72 Item #16A25 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 523RDUE) REQUIRED FOR CONSTRUCTION OF Page 321 July 27-28,2010 PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD, FROM ruST WEST OF WILSON BOULEVARD TO ruST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $3,640) - COVERING 4,985 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 78, TRACT 119 Item #16A26 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 402RDUE) CONTAINING 5,700 SQUARE FEET MORE OR LESS (0.130 ACRES), REQUIRED FOR FOUR- LANING GOLDEN GATE BOULEVARD BETWEEN WILSON AND DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $3,600.00 - COVERING 5,700 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 8L TRACT 121 (PORTION OF) Item #16A27 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 240RDUE) REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO (2) TO FOUR (4) LANES BETWEEN WILSON AND DESOTO BOULEVARDS. PROJECT NO. 60040. (ESTIMATED FISCAL IMPACT: $5,450) - COVERING 7,095 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 48~ TRACT 134 Item #16A28 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT Page 322 July 27-28,2010 (PARCEL NO. 363RDUE) REQUIRED FOR CONSTRUCTION OF THE PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD, FROM ruST WEST OF WILSON BOULEVARD TO ruST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $5,911.00)- COVERING 9,690 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 81~ TRACT 73 Item #16A29 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 319RDUE) REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO (2) TO FOUR (4) LANES BETWEEN WILSON AND DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $2,000) - COVERING 2,925 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 8L TRACT 8 Item #16A30 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 242RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO (2) TO FOUR (4) LANES BETWEEN WILSON AND DESOTO BOULEVARD. PROJECT NO. 60040. (ESTIMATED FISCAL IMPACT: $10,450) - COVERING 14,853 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 48~ TRACT 135 Item #16A31 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF- WAY, DRAINAGE AND UTILITY EASEMENT Page 323 July 27-28,2010 (PARCEL NO. 238RDUE) REQUIRED FOR CONSTRUCTION OF THE PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD, FROM ruST WEST OF WILSON BOULEVARD TO ruST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $5,215.00)- COVERING 7,095 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 48~ TRACT 134 Item #16A32 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 481RDUE) REQUIRED FOR CONSTRUCTION OF THE PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD, FROM ruST WEST OF WILSON BOULEVARD TO ruST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $1,590.00) - COVERING 2,199 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 78~ TRACT 54 Item #16A33 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT, (PARCEL 512RDUE) REQUIRED FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN WILSON AND DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $866.00) - COVERING 1,500 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 79~ TRACT 75 Item #16A34 Page 324 July 27-28,2010 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 354RDUE) AND ACCEPT DONATION OF A TEMPORARY DRIVEWAY RESTORATION EASEMENT (PARCEL NO. 354TDRE) REQUIRED FOR THE EXP ANSION OF GOLDEN GATE BOULEVARD FROM TWO (2) TO FOUR (4) LANES BETWEEN WILSON AND DESOTO BOULEVARD. PROJECT NO. 60040. (FISCAL IMPACT: $12,502) - COVERING 529 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 8L TRACT 57 (PARCEL #354TDRE) Item #16A35 AMENDMENT TO AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 167RDUE) REQUIRED FOR EXPANSION OF SANTA BARBARA BOULEVARD FROM TWO (2) TO FOUR (4) LANES BETWEEN COPPER LEAF LANE AND GREEN BOULEVARD. PHASE II OF PROJECT NO. 62081. (ESTIMATED FISCAL IMPACT: $0) - COVERING 8,100 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 31, TRACT 109 Item #16A36 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT -OF - WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 204RDUE) CONTAINING 4,515 SQUARE FEET, REQUIRED FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN WILSON & DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $7,900) - COVERING 4,515 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 48, TRACT 56 Page 325 July 27-28, 2010 Item #16A37 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 390RDUE) CONTAINING 16,767 SQUARE FEET, REQUIRED FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN WILSON 7 DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $10,800) - COVERING 16,767 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 77, TRACT 3 Item #16A38 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT -OF - WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 488RDUE), REQUIRED FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN WILSON & DESOTO BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT: $1,600) - COVERING 2,175 SQUARE FEET IN GOLDEN GATE ESTATES UNIT 78~ TRACT 72 Item #16B1 LOCAL ADVISORY BOARD MEMBERS AND CRA STAFF ATTENDANCE AT THE FLORIDA REDEVELOPMENT ASSOCIATION'S 2010 ANNUAL CONFERENCE INCLUDING PAYMENT OF ATTENDEES' REGISTRATION, LODGING, TRAVEL AND PER DIEM EXPENSES FROM THE BA YSHORE GATEWAY TRIANGLE TRUST FUND (187) BUDGET AND DECLARE CONFERENCE ATTENDANCE AND TRAINING RECEIVED AS A VALID PUBLIC PURPOSE - WILL BE HELD Page 326 July 27-28, 2010 OCTOBER 13-15~ 2010 IN ORLANDO~ FLORIDA Item #16B2 BUDGET AMENDMENT TO COVER REIMBURSEMENT OF $200,000 FOR INFRASTRUCTURE DEVELOPMENT COSTS TO FLORIDA NON-PROFIT SERVICES, INC. FOR THE RENTAL HOUSING PORTION OF THE AFFORDABLE HOUSING PROJECT KNOWN AS ESPERANZA PLACE, LOCATED IN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA AT 2702 IMMOKALEE DRIVE, IMMOKALEE - WITH FUNDS COMING FROM THE IMMOKALEE CRA TRUST FUND Item #16B3 CRA RESOLUTION 2010-134: AMENDING BAYSHORE GATEWAY TRIANGLE GRANT PROGRAMS FOR FISCAL YEAR 2011; APPROVE THE GRANT APPLICATION PROCESS; AND APPROVE THE FORM OF THE INDIVIDUAL GRANT AGREEMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B4 BOARD OF COUNTY COMMISSIONERS ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZE THE AGENCY CHAIR AND/OR THE CRA EXECUTIVE DIRECTOR TO EXECUTE ALL NECESSARY DOCUMENTS TO TERMINATE THE REAL ESTATE CONTRACT CONNECTED WITH THE PLANNED PURCHASE OF CERTAIN COMMERCIAL PROPERTY LOCATED IN THE DAVIS MINI-TRIANGLE; AUTHORIZE PARTIAL PRINCIPAL Page 327 July 27-28,2010 PRE-PAYMENT OF $1,114,000 FROM THE BAYSHORE GATEWAY CRA TRUST FUND (187) ON THE OUTSTANDING $13,500,000 FIFTH THIRD BANK LOAN; DIRECT COUNTY ATTORNEY AND NABORS, GIBLIN & NICKERSON, AS BOND COUNSEL, TO PREPARE ANY REQUIRED AMENDING LOAN DOCUMENTS AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS - SELLER HAS NOT COMPLETED THE CONTRACT-STIPULATED ENVIRONMENTAL CLEAN-UP FOR THE PROPERTY LOCATED AT 2069 DAVIS BOULEVARD Item #16C1 RIGHT -OF-ENTRY REQUIRED FOR REPLACEMENT AND REHABILITATION OF THE WATER DISTRIBUTION SYSTEM SERVING THE RIVERWOOD COMMUNITY AT RECORDING COSTS NOT TO EXCEED $1,500.00 (PROJECT #71010.5) - TO REPLACE AND RE-ROUTE FAILING WATER SERVICE LINES AND METERS ON APPROXIMATELY 43 LOTS Item #16C2 CONTRACT #10-5485, "ENGINEERING TECHNICAL SUPPORT AND FINANCIAL CONSULTING SERVICES FOR THE SOLID WASTE MANAGEMENT DEPARTMENT" TO CH2M HILL, INC.; URS CORPORATION SOUTH; R.W. BECK INC., AN SAIC COMPANY; MALCOLM PIRNIE, INC.; SCS ENGINEERS; AND BROWN AND CALDWELL - REQUIRING A WORK ORDER FOR EACH PROJECT Item #16C3 AWARD CONTRACT FORRFP #10-5479, "CONSTRUCTION Page 328 July 27-28, 2010 ENGINEERING & INSPECTION SERVICES FOR THE NORTH COUNTY WATER RECLAMATION FACILITY COMPLIANCE ASSURANCE PROJECT" TO HOLE MONTES FOR TIME AND MATERIALS NOT TO EXCEED THE AMOUNT OF $887,200 AND APPROVE A BUDGET AMENDMENT. (PROJECT 73950.1) Item #16C4 AWARD BID #10-5518, "DESIGNATED DRIVEWAYS FOR SOLID WASTE" TO B.Q. CONCRETE, L.L.C.; NEUBERT CONSTRUCTION SERVICES, INC. AND NR CONTRACTORS, INC. FOR CONSTRUCTION OF DESIGNATED DRIVEWAYS IN COLLIER COUNTY - REINFORCING PRIVATE DRIVEWAYS TO CREATE TURNAROUND AREAS FOR GARBAGE AND RECYCLING TRUCKS WHERE NO ACCESS AREAS EXIST Item #16C5 PROVIDE THE BOARD OF COUNTY COMMISSIONERS AN UPDATE ON THE STATUS AND DEVELOPMENT OF THE LANDFILL GAS-TO-ENERGY FACILITY THAT WILL BENEFICIALLY USE LANDFILL GAS FROM THE LANDFILL TO GENERATE ELECTRICITY AND, IN TURN, GENERATE NEW REVENUE FOR THE COUNTY'S SOLID WASTE FUND - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 LICENSE AGREEMENT WITH FLORIDA POWER AND LIGHT FOR CONTINUED USE OF A RIGHT -OF-WAY ALONG DAVIS BOULEVARD FOR WASTEWATER AND RECLAIMED WATER MAINS WITH NO COST TO THE COUNTY - FOR AN Page 329 July 27-28, 2010 AGREEMENT ENDING SEPTEMBER 30~ 2037 Item #16C7 CONTRACT #08-5011-20, REPAIR OF FOUR SLUDGE PRESSES AT THE SOUTH COUNTY WATER RECLAMATION FACILITY TO MITCHELL & STARK CONSTRUCTION CO., FOR THE BASE BID OF $281,550. PROJECT NO. 73969, SOUTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT - FOR THE COMPLETION DATE OF OCTOBER 22~ 2010 Item # 16C8 EXHIBIT A-I, AMENDMENT NO.2 TO CONTRACT NO. 24-973-320-X OF THE MASTER AGREEMENT FOR DEMAND-SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY TO ADD AN ENERGY CONSERVATION OPTION AND INCREASE THE CONTRACT AMOUNT BY $219,816.60- GRANT FUNDS FROM THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT TO ALLOW IMPLEMENTATION OF A PREVIOUSLY APPROVED ENERGY CONSERVATION OPTION (ECO-3) BY ADDING "SOLAR PHOTOVOL TAlC PANELS" AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT AND TO PROVIDE ADDITIONAL FUNDING NEEDED TO COVER FPL COST INCREASES FOR THE FIRST TWO ENERGY CONSERVATION PROJECTS Item #16D1 AMENDMENT NO.5 TO FDEP COST SHARE CONTRACT NO. 05C01; YEARLY MONITORING COST REIMBURSEMENT Page 330 i ~ July 27-28,2010 FOR THE CITY OF NAPLES/COLLIER COUNTY BEACH RENOURISHMENT AND AUTHORIZING THE CHAIRMAN TO SIGN AMENDMENT NO.5. THIS AMENDMENT WILL RESULT IN A LOSS OF $120,000 DUE TO REDUCTION IN STATE COST SHARE REVENUE - BECAUSE OF 2010 CHANGES IN STATE LEGISLATION Item #16D2 RESOLUTION 2010-135: AFFIRMING THE AUGUST 13,2010 (BOARD ABSENTIA) SUBMTT AL OF A FLORIDA FISH &WILDLIFE CONSERVATION COMMISSION (FFWCC), FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) DERELICT VESSEL REMOVAL GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION Item #16D3 CATEGORY "A" TOURIST DEVELOPMENT FUND 183 GRANT APPLICATIONS FOR BEACH PARK FACILITIES FOR FY10/11 IN THE AMOUNT OF $713,300 - FOR THE BLUEBILL RESTROOM, ACCESS AND TURNAROUND PROJECT, THE VANDERBILT BEACH RESTROOM EXPANSION, THE TIGERTAIL BEACH RESTROOM AND WALKOVERS AND THE MARCO BEACH BATHROOM AND ACCESS IMPROVEMENTS SCHEDULED TO BEGIN IN OCTOBER~ 2010 Item #16D4 AFTER- THE-F ACT APPROVAL FOR AN OUTREACH- FOCUSED SPECIAL CONGRESSIONAL INITIATIVE GRANT APPLICATION THAT WAS SUBMITTED TO THE U.S. Page 331 July 27-28,2010 DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION, IN THE AMOUNT OF $594,000, IF AWARDED SERVE AS FISCAL AGENT AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT WITH THE PHYSICIAN LED ACCESS NETWORK (PLAN) TO IMPLEMENT THE PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 TIME AND MATERIAL CHANGE ORDER NO.3 TO WORK ORDER NO. 45-100227 TO ADDRESS ADDITIONAL INFORMATION REQUESTED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND THE U.S. ARMY CORPS OF ENGINEERS (USACE) FOR THE CLAM PASS MAINTENANCE DREDGING PERMIT AS OUTLINED IN THE PBS&J PROPOSAL DATED MAY 18,2010; NOT TO EXCEED $69,050 AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER - CHANGING THE ORIGINAL AGREEMENT AMOUNT FROM $25~060 TO $194~750 Item #16D6 TIME AND MATERIAL WORK ORDER, CONTRACT #09-5262, FOR YEARLY PHYSICAL BEACH AND INLET MONITORING AS OUTLINED THE PBS&J PROPOSAL DATED JUNE 8,2010 NOT TO EXCEED $196,195.13; APPROVE ALL NECESSARY BUDGET AMENDMENTS AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER Page 332 July 27-28, 2010 Item #16D7 LUMP SUM CHANGE ORDER NO.1 TO WORK ORDER NO. 45- 116723, CONTRACT #06-3902, REVISED SCOPE OF WORK FOR THE EMERGENCY BEACH BERM RENOURISHMENT; JUST SOUTH OF DOCTORS PASS AS OUTLINED IN THE CP&E (COASTAL PLANNING & ENGINEERING, INC.) PROPOSAL DATED JUNE 18,2010, NOT TO EXCEED $13,985; AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER - DUE TO THE ADVANCED STATE OF EROSION A FORMAL JOINT COASTAL PERMIT (JCP) MODIFICATION AND AN UPDATED BIOLOGICAL OPINION IS REQUIRED AND HAS A REVISED COMPLETION DATE OF SEPTEMBER 29~ 2010 Item #16D8 SUBMIT THE UNIVERSITY OF FLORIDA - IF AS - 2011 COLLIER COUNTY EXTENSION F AMIL Y NUTRITION PROGRAM PLAN AND BUDGET ($348,288.56) TO CONTINUE NUTRITION EDUCATION FOR ELIGIBLE FOOD STAMP HOUSEHOLDS IN COLLIER COUNTY - EDUCATION WILL BE DELIVERED THROUGH SCHOOLS AND AT AFTER-SCHOOL PROGRAMS FOR PARTICIPANTS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) Item #16D9 DESIGN ENGINEERING, PROJECT PERMITTING, CONSTRUCTION CONTRACT BIDDING AND FUNDING IN THE AMOUNT OF $160,000 FOR THE TOTAL ENGINEERING Page 333 July 27-28, 2010 OF A NEW VANDERBILT BEACH PARK FACILITY. ALSO AUTHORIZING ASSOCIATED BUDGET AMENDMENTS - TOTAL COSTS ARE ESTIMATED AT $1.2 MILLION DOLLARS Item #16DI0 SUB RECIPIENT AGREEMENT FOR $113,123 USING 2009-10 DEP ARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) SET -ASIDE GRANT FUNDS DESIGNATED FOR A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO). FLORIDA NON-PROFIT HOUSING, INC. IS THE ORGANIZATION THAT WILL RECEIVE THE GRANT FUNDS AND USE THEM FOR ACQUISITION AND REHABILITATION OF AFFORDABLE HOMES WITHIN COLLIER COUNTY - FOR ACQUISITION AND REHABILITATION OF ONE PROPERTY THAT WILL BE USED FOR AFFORDABLE HOUSING IN COLLIER COUNTY Item #16Dll TERMINATE THE CONTRACT WITH WHITE GENERAL CONSTRUCTORS INC.; BID #08-5114, FOR THE NAPLES STATION MUSEUM PHASE III RESTORATION - DUE TO CONTRACTOR DEFICIENCIES INCLUDING DAMAGE TO MUSEUM PROPERTY AND OVERALL NON-COMPLIANCE Item #16D12 CONTRACT #09-5262, TIME AND MATERIAL WORK ORDER FOR ENGINEERING TO RENOURISH MARCO SOUTH BEACHES AS OUTLINED IN THE COASTAL ENGINEERING CONSULTANTS PROPOSAL DATED JUNE 7, 2010; FOR Page 334 July 27-28,2010 TASKS 1, 2, AND 3 NOT TO EXCEED $200,000; APPROVE ALL NECESSARY BUDGET AMENDMENTS AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER - TASK WORK INCLUDES (1) A PLAN FORMULATION UPDATE, (2) DATA COLLECTION AND MODELING AND (3) PRELIMINARY DESIGN; ANTICIPATED CONSTRUCTION FY 12/13 OR FY 13/14 Item #16D13 EMERGENCY BEACH BERM RENOURISHMENT PROJECT AT A LOCATION JUST SOUTH OF DOCTOR'S PASS. ESTIMATED COSTS OF THIS EMERGENCY BERM RENOURISHMENT WORK IS $136,306.18 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D14 FIRST AMENDMENT TO A LEASE AGREEMENT WITH GOLDEN GATE AMERICAN LITTLE LEAGUE, INC. FOR A 14-FOOT BY 20-FOOT AREA NEXT TO THE FIELD AT MAX HASSE COMMUNITY PARK - AMENDING THEIR AGREEMENT WITH GOLDEN GATE LITTLE LEAGUE (GIRLS) SOFTBALL Item #16El BUDGET AMENDMENT FOR AN EMERGENCY REPAIR OF THE HV AC SYSTEM AT THE MAIN CHILLER PLANT (BUILDING K) IN THE AMOUNT OF $170,406 - FOR THE MAIN CAMPUS AND JAIL MAIN CHILLER PLANT Page 335 July 27-28, 2010 Item # 16E2 AGREEMENT WITH MATRIX ABSENCE MANAGEMENT, INC. FOR THE ADMINISTRATION OF SHORT-TERM DISABILITY CLAIMS IN THE AMOUNT OF $55,440 PER YEAR - TO MAKE CERTAIN FEDERAL TAX WITHOLDING POLICIES ARE BEING FOLLOWED Item #16E3 RATIFY AN ADDITION, A DELETION AND MODIFICATIONS TO THE 2010 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM APRIL 1.2010 THROUGH JUNE 30. 2010 Item # 16E4 ANY BUDGET AMENDMENTS ASSOCIATED WITH MODIFICATION NO.5 TO U.S. FISH AND WILDLIFE SERVICE (USFWS) COOPERATIVE AGREEMENT NO. 401815J021 TO FUND HABITAT RESTORATION WITHIN PEPPER RANCH PRESERVE SSA-7 IN THE AMOUNT OF $212,600 ($75,000 TO BE REIMBURSED BY USFWS) - A CASH MATCH AND ANY ADDITIONAL FUNDS NECESSARY TO COMPLETE THE PROJECT WILL COME FROM THE CONSERVATION COLLIER LAND MANAGEMENT RESERVES Item #16E5 BUDGET AMENDMENT FOR $39,000.00 APPROPRIATING TDC MATCHING FUNDS FOR ELIGIBLE CONSTRUCTION COSTS USED BY FREEDOM MEMORIAL FUND (620) THROUGHOUT FISCAL YEAR 2010 - LOCATED EAST OF Page 336 July 27-28,2010 GOODLETTE-FRANK ROAD AT THE GORDON RIVER WATER QUALITY PARK SITE Item #16E6 RECOGNIZE AND APPROPRIATE FINGERPRINTING AND FLORIDA DEPARTMENT OF LAW ENFORCEMENT(FDLE) BACKGROUND CHECK REVENUES IN THE AMOUNT OF $12,883.74 AND SPECIAL SERVICE REVENUES OF $101,633.11 AND APPROVE ALL NECESSARY FY 2010 BUDGET AMENDMENTS - APPROPRIATING REVENUE FOR SERVICES THAT ARE PROVIDED BY THE FACILITIES MANAGEMENT DEPARTMENT Item #16E7 ASSUMPTION AGREEMENT FROM JAMES LEE WITT ASSOCIATES, PART OF GLOBAL OPTIONS GROUP, INC., TO WITT GROUP HOLDINGS, LLC, FOR DISASTER RECOVERY ASSISTANCE - DUE TO THE WITT GROUP'S ASSET PURCHASE OF GLOBAL OPTIONS. INC. MAY 13.2010 Item #16E8 AGREEMENT FOR SALE AND PURCHASE WITH RICHARD F. BERMAN, 1/3 INTEREST; RAYMOND AND TERRY BENNETT AKA TERRI BENNETT, HUSBAND AND WIFE, 1/3 INTEREST, AND FRANK J. AND MARLENE J. CELSNAK, TRUSTEES, U/D/T DATED 27TH DECEMBER 1991, 1/3 INTEREST FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $23,200 - FOR PROPERTY WITHIN THE RED MAPLE SWAMP Page 337 July 27-28,2010 PRESERVE MULTI-PARCEL PROJECT IN GOLDEN GATE ESTATES. UNIT 53 Item #16E9 AWARD BID #10-5508 "TIRE SERVICES" TO DAN CALLAGHAN ENTERPRISES INC., DBA CALLAGHAN TIRE . AND WAGNER TIRE, DBA COLLIER TIRE & AUTO REPAIR WITH ANNUAL EXPENDITURES ESTIMATED AT $30,000 FOR TIRE SERVICES AND $360.000 FOR NEW TIRE PURCHASES Item #16EI0 REVIEW DOCUMENTATION REGARDING WORK PERFORMED FOR THE COUNTY, TO DETERMINE AS TO BOTH VENDORS THAT THE PAYMENT SOUGHT F AIRL Y AND EQUITABLY REFLECTS FAIR VALUE OF THE WORK PERFORMED AND MATERIALS FURNISHED TO THE COUNTY, FOR WHICH THE COUNTY HAS BENEFITED, AND DIRECT THE CLERK OF COURTS TO PAY THE INVOICES TOTALING $18,556.90 - FOR WORK PERFORMED BY PBS&J AND COASTAL PLANNING AND ENGINEERING. INC. Item #16Ell REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS - FOR THE REPORT PERIOD MAY 19. 2010 THROUGH JULY 2.2010 Item #16E12 - Modified (Per Agenda Change Sheet) RECOMMENDATION TO ~ APPROVE THE SELECTION Page 338 July 27-28, 2010 COMMITTEES' RANKING OF FIRMS AND CONTRACTS PREVIOUSLY AWARDED IN RESPONSE TO RFP #09-5262; DECLARE A VALID PUBLIC PURPOSE FOR PAYMENT OF ALL WORK ORDERS ISSUED IN GOOD FAITH UNDER RFP #09-5262; AND APPROVE AN ADMINISTRATIVE PROCEDURE TO BE AMENDED TO THE COUNTY'S PURCHASING POLICY FOR DISTRIBUTION OF WORK UNDER CONTINUING CONTRACTS NEGOTIATED UNDER THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E13 CONTRACT #07-4168, FIXED TERM PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES, EXTENDED FOR SIX MONTHS - EXTENDING THE CONTRACTS WITH JOHNSON ENGINEERING, INC., PASSARELLA & ASSOCIATES, INC. AND SCHEDA ECOLOGICAL ASSOCIATES. INC. UNTIL JANUARY 27.2011 Item #16Fl RESOLUTION 2010-136: FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING TO APPROVE THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS; ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE Page 339 July 27-28, 2010 MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS INCLUDING RESTORATION OF THE MANGROVE FOREST; U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES - SETTING A HEARING DATE OF THURSDAY, SEPTEMBER 9, 2010 AT 5:05 P.M. AT THE COLLIER COUNTY GOVERNMENT CENTER, W. HARMON TURNER BUILDING, THIRD FLOOR BOARD MEETING ROOM, 3301 TAMIAMI TRAIL EAST, NAPLES. FLORIDA I tem# 16F2 AWARD RFP #10-5478 AND CONTRACT TO WITT GROUP HOLDINGS, LLC FOR AN AMOUNT NOT TO EXCEED $78,637 FROM PRIOR APPROVED GRANT FUNDS TO CONDUCT BEST PRACTICE ASSESSMENTS AND GAP ANALYSIS FOR EMERGENCY MANAGEMENT, EMERGENCY MEDICAL SERVICES AND MED-FLIGHT OPERATIONS - A FULLY FUNDED GRANT TO CONDUCT A PUBLIC SAFETY PRACTICE ASSESSMENT AND ANALYSIS AND TO COMPARE AND BENCHMARK INDUSTRY STANDARDS Item #16F3 BUDGET AMENDMENT TO RECOGNIZE A CARRY FORWARD OF ACCUMULATED INTEREST FROM PRIOR YEARS EMS COUNTY GRANTS IN THE AMOUNT OF $18,367.71 AND APPROPRIATE EXPENDITURES IN THE SAME AMOUNT TO UPGRADE FIELD COMPUTERS TO SUPPORT NEW TECHNOLOGY - SUPPORT FOR THE CURRENT SOFTWARE USED HAS BEEN DISCONTINUED Page 340 July 27-28, 2010 REQUIRING THE PURCHASE OF NEW SOFTWARE AND UPGRADES TO SUPPORT CURRENT TECHNOLOGY Item #16F4 WAIVER OF A PROVISION IN CMA 5311 FOR SERVING IN A DECISION-MAKING CAPACITY FOR AN ENTITY RECEIVING DIRECT OR INDIRECT FUNDING FROM THE BOARD OF COUNTY COMMISSIONERS; TOURISM DIRECTOR JACK WERT WISHES TO CONTINUE HIS SERVICE ON: THE UNITED ARTS COUNCIL OF COLLIER COUNTY ADVISORY BOARD, THE VISIT FLORIDA BOARD OF DIRECTORS AND THE FLORIDA COMMISSION ON TOURISM Item #16F5 TOURIST DEVELOPMENT TAX CATEGORY "B" GRANT AGREEMENT #10-5551 WITH THE NAPLES INTERNATIONAL FILM FESTIVAL, INC. IN THE AMOUNT OF $20,000 AND FOR THE CHAIRMAN TO SIGN THE AGREEMENT - WILL BE USED FOR OUT-OF-COUNTY MARKETING SUPPORT FOR THE SECOND ANNUAL FILM FESTIVAL SCHEDULED FOR NOVEMBER 4-7. 2010 Item #16F6 AGREEMENT #10-5534 BETWEEN COLLIER COUNTY AND PHOTOGRAPHER ALAN S. MALTZ, TO PRODUCE A SERIES OF ORIGINAL PHOTOGRAPHS OF COLLIER COUNTY FOR USE IN TOURISM PROMOTION AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT IN AN AMOUNT UP TO $90,000, OR $30,000 PER YEAR, FOR THREE Page 341 July 27-28, 2010 YEARS BEGINNING FYI0 - RECOGNIZED BY THE STATE OF FLORIDA AS THEIR OFFICIAL WILDLIFE PHOTOGRAPHER AND THE FLORIDA WILDLIFE FEDERATION AS THEIR OFFICIAL FINE ARTS PHOTOGRAPHER Item #16F7 RESOLUTION 2010-137: REPLACING AND SUPERSEDING RESOLUTION NO. 2005-115 AND DIRECTING THAT THE GENERAL FUND (001) REVENUES DEDICATED TO THE STORMWATER UTILITY PURSUANT TO ORDINANCE NO. 1991-27 ARE ESTABLISHED AT AN EQUIVALENT MILLAGE RATE AMOUNT DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS ANNUALLY IN AN AMOUNT UP TO .1500 MILLS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F8 RESOLUTION 2010-138: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #16F9 INTERLOCAL AGREEMENT WITH CLERK OF THE CIRCUIT COURT TO DEFINE THE SCOPE OF SERVICES THAT HIS OFFICE WILL PROVIDE, CREATE A DISPUTE RESOLUTION PROCESS AND ESTABLISH THE FIRST YEAR COSTS OF $5.009.900 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G 1 Page 342 July 27-28, 2010 BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE AIRPORT AUTHORITY, APPROVES AND AUTHORIZES THE CHAIRMAN TO EXECUTE A WORK ORDER UNDER CONTRACT #09-5262-AE WITH HOLE MONTES IN THE AMOUNT OF $35,366 FOR ENGINEERING CONSULTING SERVICES REQUIRED FOR THE RUNWAY 18/36 LIGHTING REHABILITATION PROJECT AT THE IMMOKALEE REGIONAL AIRPORT - INCLUDES DATA COLLECTION, DESIGN AND BIDDING Item #16G2 BUDGET AMENDMENTS ALLOCATING $53,600 IN IMMOKALEE INFRASTRUCTURE FUND 497 FOR PERMIT APPLICATION FEES FOR THE NEXT PHASE OF DEVELOPMENT AT IMMOKALEE'S REGIONAL AIRPORT Item #16Hl COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE OPERA NAPLES BEHIND THE SCENES TOUR OF THE NEW OPERA NAPLES BUILDING ON LINWOOD AVENUE ON JUNE 25, 2010 IN NAPLES, FL. $75 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H2 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A Page 343 July 27-28, 2010 VALID PUBLIC PURPOSE. SHE ATTENDED THE JACKSON LABORATORY NATIONAL COUNCIL AWARDS DINNER ON JULY 16,2010 IN BAR HARBOR, ME. $65 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H3 PROCLAMATION DESIGNATING JUNE 29,2010 AS THE CONSERVANCY OF SOUTHWEST FLORIDA VON ARX WILDLIFE CLINIC DAY. PRESENTED BY IAN MITCHELL AT THE GROUNDBREAKING CEREMONY HELD JUNE 29, 2010 - ADOPTED Item #16H4 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE JACKSON LABORATORY NATIONAL COUNCIL COMMUNITY LOBSTER DINNER (FOR THE BAR HARBOR COMMUNITY) ON JULY 15, 2010 IN BAR HARBOR, ME. $32.95 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH 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 344 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 27,2010 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. I>istricts: 1 ) Quarry Community Development District: Proposed 2010/2011 FY Budget. B. Minutes: 1) Affordable Housing Commission: Minutes of April 12, 2010; May 10,2010. 2) Collier County Citizens Corps: Agenda of April 21, 2010; May 19,2010. Minutes of April 21, 2010; May 19,2010. 3) Collier County Coastal Advisory Committee: Minutes of March 11,2010; April 8, 2010. 4) Collier County Code Enforcement Board: Minutes of April 22, 2010. 5) Collier County Planning Commission: Minutes of April 15, 2010 regular and special session; May 6, 2010. 6) Contractors Licensing Board: Minutes of May 19, 2010 regular session; May 19, 2010 workshop. 7) I>evelopment Services Advisory Committee: Minutes of May 5, 2010. 8) Golden Gate Community Center Advisory Committee: Minutes of May 3, 2010. 9) Immokalee Enterprise Zone I>evelooment Agency: Agenda of May 19,2010; June 16,2010. Minutes of April 21, 2010; May 19,2010. 10) Immokalee Local Redevelopment Advisory Board: Agenda of May 19,2010; June 16,2010. Minutes of April 21, 2010; May 19,2010. 11) Land Acquisition Advisory Committee: Minutes of May 10,2010. 12) Parks and Recreation Advisory Board: Minutes of May 19,2010. 13) Pelican Bay Services Division Board: Minutes of April 7, 2010; April 7, 2010 special workshop; April 13, 2010 Budget Subcommittee; April 14, 2010 joint workshop; April 19, 2010 public workshop; April 28, 2010 special public workshop; April 28, 2010 workshop; May 5, 2010; May 18,2010 Community Improvement Plan workshop. 14) Water and Wastewater Authority: Minutes of December 14, 2009. C. Other: 1 ) Collier County Special Magistrate - Intersection Safety Program: Minutes of May 3, 2010. Item #16J1 July 27-28,2010 DISBURSEMENTS FOR THE PERIOD OF JUNE 12,2010 THROUGH JUNE 18,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF JUNE 19,2010 THROUGH JUNE 25,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 DISBURSEMENTS FOR THE PERIOD OF JUNE 26,2010 THROUGH JULY 2,2010 AND FOR SUBMISSION INTO THE OFFICE RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF ruLY 3,2010 THROUGH ruL Y 9, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 DISBURSEMENTS FOR THE PERIOD OF ruLY 10,2010 THROUGH JULY 16,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J6 Page 345 July 27-28,2010 SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING CONTRIBUTION AND THE CHAIRMAN TO SIGN THE CERTIFICATE REGARDING MATCHING FUNDS (FISCAL IMPACT: $5,416.47) - FUNDS OF $36,109.82 RECEIVED ARE BASED ON THE (2008) NUMBER OF ACTIVE REGISTERED VOTERS AND ARE FOR ELECTION ACTIVITIES APPROVED BY THE FLORIDA DEPARTMENT OF STATE Item # 16J7 BUDGET AMENDMENT FOR CHILD ABUSE/SEXUAL PREDATOR GRANT #2010-ARRC-COLL-1-W7-315 ON BEHALF OF THE COLLIER COUNTY SHERIFF'S OFFICE - TO ACCOUNT FOR THE $36~856.00 RECEIVED FOR THIS AWARD Item #16J8 CAPITAL ASSET DISPOSITION RECORDS FOR TIME PERIOD APRIL 1,2010 THROUGH JUNE 30, 2010 - FOR ITEMS DEEMED TO NO LONGER SERVE A USEFUL FUNCTION OR HA VE COMMERCIAL VALUE PURSUANT TO FLORIDA LAW Item #16J9 PURSUANT TO FLORIDA STATUTE 318.18(13) (B) THE CLERK OF THE CIRCUIT COURT TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) WITH THE BOARD OF COUNTY COMMISSIONERS - REVENUE COLLECTED TOTALS $297~573.84 FOR THE QUARTER ENDING JUNE~ 2010 Page 346 July 27-28, 2010 Item #16J10 BUDGET AMENDMENT RECOGNIZING INTEREST EARNED IN SUPERVISOR OF ELECTIONS GRANT FUND 37005 - RECOGNIZING $4~582.61 IN CARRY FORWARD FUNDS Item #16J11 PURCHASE ADDITIONAL ELECTRONIC POLL BOOKS FOR THE SUPERVISOR OF ELECTIONS OFFICE FROM VR SYSTEMS, INC., A SOLE SOURCE VENDOR, IN THE AMOUNT OF $673,875, BUDGETED IN COUNTY WIDE CAPITAL PROJECT FUND (301) - FOR THE PURCHASE OF 225 EVID UNITS AND SOFTWARE RELATED SERVICES SPECIFIED IN A REFERENCED AGREEMENT DATED SEPTEMBER 19~ 2005 Item #16K1 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL ruDGMENT TO BE DRAFTED, INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $59,900.00 FOR ACQUISITION OF PARCEL 151 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. TECH FOUNDATION, ET AL., CASE NO. 03-2499-CA. GOLDEN GATE PARKWAY PROJECT #60027. (FISCAL IMPACT: $15~000.00) Item #16K2 SETTLEMENT AGREEMENT WITH CREATIVE CHOICE HOMES XIV, LTD. (SADDLEBROOK II) RESOLVING THE LITIGATION STYLED BOARD OF COUNTY COMMISSIONERS Page 347 July 27-28, 2010 V. CREATIVE CHOICE HOMES XIV, LTD., ET AL., 10-3308-CA, NOW PENDING IN CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND DIRECT THAT ALL DOCUMENTS TO BE RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA - REPRESENTING $43,470.62 IN UNPAID 2003 IMPACT FEES FOR THE TUSCAN ISLE DEVELOPMENT PROVIDING REPAYMENT, WITHOUT PENAL TIES, IN THE FORM OF 12 EQUAL PAYMENTS STARTING AUGUST 8~ 2010 Item #16K3 INCREASE THE PURCHASE ORDER FOR CARLTON FIELDS, P.A. TO EXCEED THE $100,000 CAP IN THE CASE JOHN CARLO, INC. V. COLLIER COUNTY, FL, CASE NO. 07-311-CA. IMMOKALEE ROAD PROJECT NO. 66042. (FISCAL IMPACT: ADDITIONAL $150,000) - FOR LITIGATION SUPPORT SERVICES BECAUSE OF AN INABILITY TO REACH A SETTLEMENT; TRIAL IS SCHEDULED FOR FEBRUARY~ 2011 Item #16K4 INCREASE A PURCHASE ORDER FOR CARL TON FIELDS, P.A. TO EXCEED THE $100,000.00 CAP IN THE CASE COLLIER COUNTY V. JOHN CARLO, INC., CASE NO. 09-8724-CA. RATTLESNAKE HAMMOCK ROAD PROJECT NO. 60169. (FISCAL IMPACT: ADDITIONAL $125,000.00) - FOR CONTINUED LITIGATION SUPPORT SERVICES SURROUNDING MULTIPLE CLAIMS THAT TOTAL APPROXIMATELY $9,178,858.58; TRIAL IS SCHEDULED TO BEGIN JULY~ 2011 Page 348 July 27-28,2010 Item #16K5 STIPULATED ORDER AND JOINT MOTION AWARDING EXPERT FEES AND COSTS IN THE AMOUNT OF $13,332.50 FOR PARCEL 825 IN A LAWSUIT STYLED COLLIER COUNTY V MYRTLE COVE, INC., ET AL., CASE NO. 07-5038-CA LEL Y AREA STORMW ATER IMPROVEMENT PROJECT NO. 51101. (FISCAL IMPACT: $13~332.50) Item #16K6 INCREASE A PURCHASE ORDER FOR GRANT, FRIDKIN, PEARSON, ATHAN & CROWN FOR A TOTAL OF $65,000.00 FOR THE CASE KER ENTERPRISES, INC., D/B/A ARMADILLO UNDERGROUND V APAC-SOUTHEAST, INC. V COLLIER COUNTY, CASE NO. 09-8724-CA. VANDERBILT BEACH ROAD PROJECT NO. 63051. (FISCAL IMPACT: ADDITIONAL $25,000.00) - FOR THE ADDITIONAL CO-COUNSEL SERVICES OF GREG WOODS, ESQ., DISPUTING CLAIMS THAT TOTAL APPROXIMATELY $7 MILLION DOLLARS Item #17A RESOLUTION 2010-139: PETITION: SNR-PL2009-2385, IMPERIAL GOLF ESTATES HOMEOWNER'S ASSOCIATION C/O PLATINUM PROPERTY MANAGEMENT, REPRESENTED BY CHRIS HAGAN OF JOHNSON ENGINEERING, INC., REQUESTING A RENAME OF MARQUIS BOULEVARD TO ENTRADA AVENUE. SUBJECT PROPERTY IS LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY~ FLORIDA Page 349 July 27-28,2010 Item #17B RESOLUTION 2010-140: PETITION VAC-PL2010-524, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT AND LAKE MAINTENANCE EASEMENT OVER TRACT C OF CALDECOTT, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46, PAGES 52 THROUGH 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTIONS 21 AND 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT PORTION OF THE EASEMENT TO BE VACATED IS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT "A" Item #17C ORDINANCE 2010-27: PETITION PUDZ-2008-AR-13375, NORTH NAPLES UNITED METHODIST CHURCH INC., REPRESENTED BY TIM HANCOCK OF DAVIDSON ENGINEERING, INC., AND RICHARD D. YOV ANOVICH, ESQ. OF GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH AND KOESTER, P.A., REQUEST A REZONE FROM THE RURAL AGRICUL TURAL ZONING DISTRICT (A) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM 1,900 SEAT CHURCH AND CHURCH RELA TED FACILITIES, A MAXIMUM 1,900 SEAT CIVIC AND CULTURAL FACILITIES, A MAXIMUM 200 STUDENT SCHOOL AND A MAXIMUM 209 UNIT ADULT ASSISTED LIVING FACILITY TO BE KNOWN AS THE NORTH NAPLES UNITED METHODIST CHURCH MIXED USE PLANNED UNIT DEVELOPMENT (MPUD). THE Page 350 July 27-28,2010 SUBJECT PROPERTY, CONSISTING OF 13.0 ACRES, IS LOCATED ON THE EAST SIDE OF GOODLETTE-FRANK ROAD (CR-951 ) APPROXIMATELY 1500 FEET NORTH OF PINE RIDGE ROAD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST~ COLLIER COUNTY~ FLORIDA (CTS) Item #17D ORDINANCE 2010-28: PUDZ-A-PL2009-2031, ROCK CREEK HOLDINGS, LLC, REPRESENTED BY R. BRUCE ANDERSON, ESQUIRE OF ROETZEL AND ANDRESS, LPA AND TIM HANCOCK, AICP OF DAVIDSON ENGINEERING, INC., REQUEST A REZONE FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT CURRENTLY KNOWN AS THE MERIDIAN VILLAGE RPUD, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT THAT WILL BE KNOWN AS THE MERIDIAN VILLAGE MPUD TO ALLOW FOR DEVELOPMENT OF COMMUNITY FACILITY USES INCLUDING ADULT CARE CENTERS, CHURCHES AND UP TO 480 BEDS FOR ASSISTED LIVING FACILITIES, CONTINUING CARE RETIREMENT COMMUNITY FACILITIES ANDIOR INDEPENDENT LIVING UNITS OR ALLOW FOR THE SITE TO BE DEVELOPED AS A 120-UNIT MULTI-FAMILY RESIDENTIAL PROJECT INCLUDING 15% OF THE TOTAL DWELLING UNITS AS AFFORDABLE WORKFORCE HOUSING UNITS AND 5% OF THE TOTAL DWELLING UNITS AS AFFORDABLE GAP HOUSING UNITS. THE 11.68::l: ACRE SUBJECT PROPERTY IS LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ESTEY AVENUE IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Page 351 July 27-28, 2010 (CTS) Item #17E RESOLUTION 2010-141: PETITION CU-PL2010-277, GRACE PLACE FOR CHILDREN AND FAMILIES, INC., REPRESENTED BY MATTHEW D. MCLEAN, P.E. OF AGNOLI, BARBER AND BRUNDAGE, INC., REQUESTING CONDITIONAL USE IN A RESIDENTIAL SINGLE FAMILY (RSF-3) ZONING DISTRICT, WITH AN ST/W -4 SPECIAL TREATMENT OVERLAY PURSUANT TO LAND DEVELOPMENT CODE (LDC) SUBSECTION 2.03.02 A.1.C.3. THE PROPOSED CONDITIONAL USE WILL PERMIT EXPANSION OF AN EXISTING CHURCH AND SCHOOL BY ADDING A NEW 7,200 SQUARE-FOOT SCHOOL THE 4.01:1: ACRE SITE IS AT 4301 21 ST ST S.W. IN GOLDEN GATE, UNIT 2, BLOCK 30, PLAT BOOK 5, PAGE 68, SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY~ FLORIDA (CTS) Item #17F RESOLUTION 2010-142: PETITION V A-PL2009-45, SARA BARRERA, REQUESTING AN AFTER- THE-F ACT VARIANCE OF 8 FEET FROM THE REQUIRED MINIMUM FRONT YARD SETBACK OF 25 FEET FOR THE RESIDENTIAL MULTI- FAMIL Y (RMF-6) ZONING DISTRICT AS PROVIDED FOR IN SECTION 4.02.01.A. TABLE 2.1, OF THE LDC. THE 0.34:1: ACRE SITE CONTAINS A SINGLE FAMILY DWELLING THAT ENCROACHES 8 FEET INTO THE REQUIRED 25-FOOT FRONT YARD SETBACK TO 17 FEET. THE SUBJECT PROPERTY IS LOCATED AT 202 WASHINGTON AVENUE, SECTION 33, TOWNSHIP 46 SOUTH~ RANGE 29 EAST~ IMMOKALEE~ FL Page 352 July 27-28, 2010 Item #17G ORDINANCE 2010-29/RESOLUTION 2010-143: ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS, AND APPROVING A COMPANION RESOLUTION DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS "PUBLIC PARK PARKING" OR "PUBLIC BEACH ACCESS PARKING" IN ACCORDANCE WITH ESTABLISHED PROCEDURES Item #17H ORDINANCE 20 1 0-30/RESOLUTION 2010-144: AMENDING ORDINANCE NO. 2008-47, GOVERNING TOWING, STORAGE AND IMMOBILIZATION OF VEHICLES PER BOARD DIRECTION AT THE JUNE 8, 2010 MEETING AND APPROVE A RESOLUTION SUPERSEDING RESOLUTION NO. 2009-271 TO INCREASE THE CURRENT FLAT $25.00 MAXIMUM VEHICLE IMMOBILIZATION RATE TO $100.00 Item #171 RESOLUTION 2010-145: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Page 353 July 27-28,2010 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :21 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '1uJ-W. ~ FRED COYLE, Chairman ATTESrr:.,.,..". D~'GI}f;:':E.'i3lfp~K,CLERK ('., 'v . .~~ ~ 'i.i"'- 't, ..~" ,_t~"?t ."it These minutes apP7Y the Board on 14cR. s~taJ,o.J 20 10 , as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS. Page 354 I I