Loading...
BCC Minutes 09/14/2010 R September 14, 2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 14,2010 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Frank Halas Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Ian Mitchell, BCC Executive Manager Mike Sheffield, Assistant to the County Manager Crystal Kinzel, Clerk's Office Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0,,\ III/., . ' . .] ,. . ( . I" -.. J( ,,\ AGENDA September 14, 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." Page 1 September 14,2010 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM 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 AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Curt Ayers - Capri Christian 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. July 27,2010 - BCC/Regular Meeting Minutes C. July 28,2010 - BCC/Regular Meeting Minutes (Continuation of July 27, 2010) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees Page 2 September 14, 2010 1) Erin Hall, Road Maintenance B. Advisory Committee Service Awards 5 Year Service Awards 1) Mr. Renato F. Fernandez, Hispanic Affairs Advisory Board. 2) Mr. Mitchell A. Roberts, Ochopee Fire Control District Advisory Committee. 4. PROCLAMATIONS A. Proclamation designating September 23,2010 as Infant Mortality Awareness Day. To be accepted by Cathy Cortez, Executive Director, Healthy Start SW Florida, and Joe Paterno, Board Member. Sponsored by Commissioner Coyle. B. Proclamation designating September 30,2010 through October 2,2010 as Zone Institute of Rotary Week. To be accepted by Ken Ruskin. Sponsored by Commissioner Coletta. C. Proclamation designating September 20, 2010 to September 24,2010 as Industry Appreciation Week. To be accepted by Trish Biebricher, Tammie Nemecek, Kristi Bartlett, Bob Mu1here, and Tim Cartwright. Sponsored by Commissioner Coyle. 5. PRESENTATIONS A. Recommendation to recognize James Bablitz, Traffic Signal Technician, Traffic Operations, as the Employee of the Month for August 2010. 6. PUBLIC PETITIONS A. Public petition request by Mr. Anthony Brown regarding E-Verify. B. Public Petition request by Mr. Jim Kramer regarding plausible deniability. Page 3 September 14, 2010 C. Public Petition request by Mrs. Janet Vasey regarding voter referendum on using local public funds for the Jackson Labs Project. D. Public Petition request by Mr. Jason Larson of Creative Homes XIV, Ltd., regarding a SHIP loan extension. E. Public Petition request by Ms. Denise Denard regarding wastewater impact fees. F. Public Petition request by Mr. Peter Goodin regarding permitting and installation of signs reading "Oakes Estates". G. Public Petition request by E's Country Store at Oil Well Road and Immokalee Road. Item 7 and 8 to be heard no sooner than 1:00 Y.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of a member to the Environmental Advisory Council. B. Appointment of a member to the Collier County Planning Commission. C. Appointment of a member to the Bayshore Beautification MSTU Advisory Committee. D. Appointment of members to the County Government Productivity Committee. E. Appointment of a member to the Immokalee Enterprise Zone Development Agency. F. Appointment of members to the Educational Facilities Authority. Page 4 September 14, 2010 G. Request by the Collier County Tax Collector to name the Driver's License Building at 725 Airport Road as the Guy L. Carlton Driver's License Building. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Recommendation to award Bid #10-5555, Isles of Capri Water Main Replacement Phase II in the amount of$1,16l,922 to Haskins Inc., to complete the rehabilitation of the potable water distribution system that services the Isles of Capri, Project No. 71010.7 (Jim DeLony, Public Utilities Administrator) B. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners direct the County Manager or his designee to amend Collier County Ordinance No. 92-60, as amended (Tourist Development Tax) and advertise the amending Ordinance at a future public hearing to reallocate on a one time basis $1,000,000 from TDC Category A Beach Park Facilities Fund 183 to Tourism Promotion Fund 184 for tourism destination marketing and authorize all necessary budget amendments. (Jack Wert, Tourism Director) C. Recommendation to rescind the Administrative Stay of the requirements 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) D. Recommendation to approve the renewal of the Group Dental Insurance program through Cigna Dental Plan, Inc. with no increase in the rates or terms for a one (1) year period effective January 1, 2011 in the amount of $1,768,900. (Jeff Walker, Risk Management Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 5 September 14, 2010 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Brook's Village. 2) Recommendation to approve final acceptance of the water utility facility for Unitarian Church. 3) 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. 4) Recommendation to accept the donation of a drainage easement from Fouad and Fady Farid between 40th Street NE and the F AKA Union Canal in Unit 43 of Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed $27) 5) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 379RDUE) 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: $7,780. 6) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 429RDUE) required for the expansion of Golden Gate Boulevard from two lanes to four lanes Page 6 September 14, 2010 between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: $10,200. 7) Recommendation to approve purchase of a Perpetual, Non-exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel No. I 66RDUE) containing 8, I 00 square feet, which is required for the widening of Santa Barbara Boulevard between Copper Leaf Lane and Green Boulevard. Project No. 62081 Phase 2 (Fiscal Impact: $9,800). 8) This item reauires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are reauired to be sworn in. This is a recommendation to approve for recording the final plat of Block ERe-plat Quarry Phase 1 Lots 30-33 and Quarry Phase 2 Lots 34-42 and Lots 57-81. 9) Recommendation to approve a Purchase Agreement for right-of-way required for the installation of another turn lane on Progress Avenue at Livingston Road. Project No. 60188. (Fiscal Impact: $93,027) 10) Recommendation to approve four Purchase Agreements for the purchase of right-of-way required for the construction of Oil Well Road. Project No. 60044. (Fiscal Impact: $145,100.) 11) Recommendation to approve an agreement between Collier County and Vanderbilt Galleria Condominium Association for conveying to Collier County a Temporary Construction Easement related to the Vanderbilt Beach Road six-laning project from east ofGoodlette- Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $35.50) 12) Recommendation to execute the Termination of Developer Agreement between Collier County and Corradi Airport Inc., requested by Corradi Airport Inc. 13) Recommendation to authorize a budget amendment to transfer funding from the Transportation Supported Gas Tax Fund (313) in the amount of$78,125 to the Bayshore Beautification Municipal Service Taxing Unit Fund (163). Page 7 September 14,2010 14) Recommendation to approve an agreement between Collier County and Olympia Park Owner's Association for conveyance to Collier County of a Temporary Construction Easement relating to the Vanderbilt Beach Road six-laning project from east of Goodlette- Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $18.50) 15) Recommendation to provide after the fact approval for submittal of Five (5) 2010 TIGER II Discretionary Grant Applications, sponsored by the United States Department of Transportation, for a total amount of$87,839,075. 16) Recommendation to approve Release and Satisfaction of Orders in the Code Enforcement Action entitled Board of County Commissioners (BCC) vs. T & A Dockside, Inc., and the Release of a Civil Judgment in the action entitled BCC vs. Charles Alderman, relating to property located at 2891 Bayview Drive, Collier County, Florida. 17) Recommendation to approve Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Agathonicos G. Pamboukis, CEB Case No. CESD20090011000, relating to property located at 201 Santa Clara Drive, Unit 9, Building 201, Collier County, Florida. 18) Recommendation to direct the County Manager, or his designee, to add to the 2009-2010 combined cycles of Growth Management Plan Amendments proposed amendments affecting the Bayshore/Gateway Triangle Redevelopment Overlay, Future Land Use Element Policy 5.1, other portions of the Future Land Use Element, and the Future Land Use Map and Map Series, so as to make both substantive and housecleaning revisions to the Growth Management Plan. 19) Recommendation to approve commercial Excavation Permit No. PL 20090000616, Ex 59.814-1 "East Naples Mine"; located in Sections 21 & 22, Township 49 South, Range 27 East: bound on the north & west by existing quarry operations and vacant land zoned agricultural and on the west & south by vacant land zoned agricultural - A(ST/WS4). Page 8 September 14, 2010 20) Recommendation to approve a budget amendment in the amount of $46,117.69 for Traffic Accident Reimbursements, Project #60076.1, and to recognize revenues for future repairs. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to the Community Redevelopment Agency (CRA) to approve Local Advisory Board members and CRA staff attendance at the Florida Redevelopment Association 2010 Annual Conference; authorize payment of attendees registration, lodging, travel and per diem from the Immokalee CRA Trust Fund (Fund 186) travel budget; and declare the training received as serving a valid public purpose. 2) Recommendation to the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve an Amendment to the previously approved Grant Agreement between the CRA and The Greater Eastern Collier County Chamber of Commerce, Inc. (ECOC) to allow for reimbursement for actual expenses incurred in connection with the Harvest Festival. 3) Recommendation to provide after the fact approval for the submittal oftwo(2) 2010 Community Challenge Planning Grant Applications, sponsored by the United States Department of Housing and Urban Development, for a total amount of $400,000. 4) Recommendation to authorize a budget amendment to cover costs associated with Collier County Contract #10-5402, Immokalee Storm Water Master Plan Implementation, which reallocates the remaining contract balance from Stormwater Fund 325 to CRA Fund 186 in the amount of$3l7,341.08. C. PUBLIC UTILITIES 1) Recommendation to authorize budget amendments of approximately $631,000, transferring a Lift Station Improvement Project from the Wastewater Capital Projects Fund to the 2006 Revenue Bond Proceeds Fund to segregate projects funded by the 2006 Revenue Bond. Page 9 September 14, 2010 2) Recommendation to authorize submission of Amendment Two to the State Revolving Fund Loan Agreement (DW 1111020) through the Florida Department of Environmental Protection for the North County Regional Water Treatment Plant Lower Hawthorn Wells Numbers 18, 19, and 20, Project No. 71 006, reducing the authorized loan amount by $1,334,909. 3) Recommendation to approve an Agreement with 850 NWN, LLC, and CG II, LLC; release certain utility easements; and accept replacement utility easements and additional access easements for the existing South Reverse Osmosis Well field in an amount not to exceed $85,400, and necessary budget amendment. D. PUBLIC SERVICES 1) Recommendation to approve an Addendum to the Interlocal Agreement for Agricultural Extension Agent Services clarifying the original agreements start and annual anniversary date and providing the University of Florida's leave policies apply as to the Extension Agents governed by the Interlocal Agreement and authorize the Chairman to sign. 2) Recommendation to award Invitation to Bid (ITB) #10-5561 ARRA Green Lighting System Retrofits in the amount of $276,096 to Electrical Contracting Services, Inc., for the Parks and Recreation projects at Eagle Lakes Community Park. 3) Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #08DB-D3- 09-21-0 1-A03 between the Florida Department of Community Affairs and Collier County to reallocate $95,613.46 in unused project funds. 4) Recommendation to approve and authorize the Chairman to sign an agreement with the Agency for Health Care Administration in the amount of $2,488,228 budgeted in FY 2011 to participate in the Medicaid Low Income Pool Program for services provided on behalf of the Housing, Human and Veteran Services Department in order to generate an additional $449,227 in Federal matching funds. Page 10 September 14, 2010 5) Recommendation to approve and authorize the Chairman to sign an amendment to a Sub-recipient Agreement (Agreement) for the David Lawrence Mental Health Center, Inc. in the amount of $93,000 using 2009-2010 Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. This amendment will extend the term of the Agreement and allow payment for psychiatric services. 6) Recommendation to accept the Library's Technology Plan and the current year Action Plan and authorize the Chairman to sign the FY 2010-2011 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. 7) Recommendation to approve and authorize the Chairman to sign four (4) Disaster Recovery Initiative sub-recipient grant agreements to provide funding for specific stormwater and hurricane hardening projects previously approved by the Board of County Commissioners. 8) Recommendation to approve and authorize the Chairman to sign an agreement for Invitation to Bid #10-5533 Modular Homes to Idyll Construction, Inc. for activities to be funded under the Disaster Recovery Initiative. 9) Recommendation to approve and authorize the Chairman to sign an amendment to the ARRA No. 203.09 agreement with the Area Agency on Aging for Southwest Florida, Inc. and recognize a reduction in funding in the amount of$15,000. These federal funds are provided by the United States Department of Health and Human Services under the American Recovery & Reinvestment Act of2009. 10) Recommendation to approve and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of$8,337 in the Older Americans Act program. 11) Recommendation to approve and authorize the Chairman to sign an amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve a Page 11 September 14, 2010 budget amendment to decrease the grant award by $6,346.60 for the Nutrition Services Incentive Program (NSIP). 12) Recommendation to approve and authorize the Chairman to sign U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for FY 2010-2011. 13) Recommendation to provide after the fact approval for the submittal of a Florida Boating Improvement Program (FBIP) grant application to the Florida Fish and Wildlife Conservation Commission (FWCC) for a derelict vessel removal grant. 14) Recommendation to approve and authorize the Chairman to sign an amended release of lien to correct the Official Records Book and Page number recorded on a previous impact fee deferral release of lien. 15) Recommendation to approve and authorize the Chairman to sign three (3) releases of lien for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units. 16) Recommendation to approve and authorize the Chairman to sign the satisfaction of mortgage for an owner occupied affordable housing dwelling unit that has satisfied the terms of assistance provided. 17) Recommendation to approve and authorize the Chairman to sign an amendment to the Habitat for Humanity of Collier County Acquisition-Rehabilitation-Resale Sub-recipient Agreement approved on September 15, 2009 (Item #16D3) for $460,000. This amendment will allow for a revision of the Agreements Exhibit A to reflect the following language change; Acquisition-Rehabilitation-Resale to state only Acquisition, the amendment will also allow for a three month extension through October 31, 2010. 18) Recommendation to approve the award ofInvitation to Bid (ITB) #10-5525 for Home Appliances to Business Services Solutions, at an estimated cost of approximately $150,000 over a three year period. Purchases will be funded by the Neighborhood Stabilization Program Page 12 September 14, 2010 (NSP) awarded to the Housing, Human and Veteran Services Department. 19) Recommendation to approve Collier County Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2009-2010 as required by the U.S. Department of Housing and Urban Development (HUD), approve the CAPER Resolution, and authorize the Chairman to certify the CAPER for submission to HUD and sign the resolution. 20) Recommendation to approve a Letter of Understanding between the County and Naples Funeral Home for cremation services to indigent Collier County residents. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Second Amendment to the License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of$50. 2) Recommendation to reject award for Invitation to Bid (ITB) #10-5511 for Hardware and Related Items. 3) Recommendation to approve and authorize the Chairman to sign the Collier County Government Equal Employment Opportunity Plan. 4) Recommendation to recognize and appropriate special service revenues in the amount of$34,733.79 and approve all necessary FY 20 I 0 budget amendments. 5) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from AECOM USA, Inc., to AECOM Technical Services, Inc., for county-wide engineering services. 6) Recommendation to award Bid #10-5549, 24-Hour Towing and Recovery Services for County Vehicles and Equipment to multiple primary and secondary vendors in three separate towing capacity Page 13 September 14, 2010 categories with expenditures estimated at $35,000 annually. 7) Recommendation to approve the Assumption Agreement from EMC Corporation to VMware, Inc., for Information Technology Service Management software (ITIL Software Suite) and related professional servIces. 8) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 9) Recommendation to ratify Property, Casualty, Worker's Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the third quarter of FY 10. F. COUNTY MANAGER OPERATIONS 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting dated August 24,2010) a) Approve a budget amendment in the amount of$150,000.00, reallocating funds within the FYlO Mandatory Trash Collection Fund Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County Landfill. b) Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants. c) Recommendation to amend previous years' Action Plans; authorize the reprogramming of Department of Housing and Urban Development (HUD) funds; and authorize the Chairman to sign the notification to HUD to use reprogrammed federal funds for the Single Family Rehabilitation (SFR) Program. 2) Recommendation to provide after the fact approval for the submittal ofa 2010 Community Challenge Planning Grant Application, sponsored by the United States Department of Page 14 September 14, 2010 Housing and Urban Development, for a total amount of $1,000,000. 3) Recommendation to approve and authorize the Chairman to sign three grant agreements for FY11 Tourist Development Tax Category B Marketing Grants totaling $44,000, subject to funding availability. 4) Recommendation to approve and authorize the Chairman to sign five (5) FYll Tourist Development Tax Category C-2 Non-County Owned Museum Grant Agreements totaling $295,000 subject to funding availability. 5) Recommendation to approve Change Order #1 to Contract #09-5174 Management Services for Pelican Bay Services Division with Dorrill Management Group, Inc. in the amount of$18,960 annually. 6) Recommendation to approve the cooperative purchase of Emergency Medical Services Patient Care Reporting Software Package as an emergency procurement with ImageTrend, Inc. 7) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Balance of hotel charges and car rental charges for attending fact finding trip to The Jackson Laboratory on July 15,2010 in Bar Harbor, ME. $638 to be paid from Commissioner Fiala's travel budget. 2) Resolution correcting an appointment to the Emergency Medical Services Policy Advisory Board. Page 15 September 14,2010 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the The 2010 Excellence in Industry Awards Luncheon at the Naples Hilton in Naples, FL on September 21,2010. $50 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the CBIA Mixer event July 14,2010 at 1450 Airport Road North, Naples, FL. $10 to be paid from Commissioner Henning'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 July 17, 2010 through July 23,2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of July 24, 2010 through July 30, 2010 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of July 31, 2010 through August 6, 2010 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of August 07,2010 through August 13,2010 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of August 14,2010 through August 20, 2010 and for submission into the official records of the Board. Page 16 September 14, 2010 6) To obtain Board approval for disbursements for the period of August 21,2010 through August 27, 2010 and for submission into the official records of the Board. 7) To obtain Board approval for disbursements for the period of August 28,2010 through September 3, 2010 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to adopt a Resolution approving the County Attorney's Office 2011 Fiscal Year Pay and Classification Plan, which is identical to the current approved plan. 2) Recommendation to approve a contract for James Lalumiere ofPDl, for expert consulting services in the amount of$85,500 in the case styled Collier County v. John Carlo, Inc., Case No. 09-8724-CA (Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal Impact $85,500). 3) Recommendation to approve a contract with James Lalumiere ofPDl, for expert consulting services in the amount of$87,500 for the case styled John Carlo, Inc. v. Collier County, Florida, Case No. 07-311- CA (Immokalee Road Improvement Project No. 66042) (Fiscal Impact $87,500). 4) Recommendation to approve a contract with Sam Lee, HHCP, for expert consulting services to the County in the amount of$75,000 for the case ofKer 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: an additional $75,000). 5) Recommendation to ratify the Airport Authority Executive Director's Employment Agreement with Thomas C. Curry. 6) Recommendation to approve a Settlement Agreement and Mutual Global Release with and to Embarq, Inc., Embarq Communications, Inc. (now known as Centurylink), and Workman Services, Inc. that Page 17 September 14, 2010 settles in full the litigation styled: Board of County Commissioners v. Embarq, Inc., Embarq Communications, Inc., and Workman Services, Inc., Case No. 1O-00090-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 7) Recommendation (1) to adopt a Resolution which formally accepts the improvements built by the Marco Island Historical Society which now comprise the Marco Island Museum Complex, including the Rose History Auditorium, and authorizes the leasing of the Rose History Auditorium back to the Marco Island Historical Society; and (2) to approve both a Memorandum of Understanding and a Long- Term Lease with the Marco Island Historical Society with respect to the new Marco Island Historical Museum. 8) That the Board accepts the Recommended Order by Brenda C. Garretson, Special Magistrate/Hearing Officer, and award a Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs to Limousines of South Florida, Inc., doing business as Tectrans, Inc., for an estimated annual amount of$6,092,167. 9) Recommendation to approve increasing a Purchase Order to Hahn Loeser adding an additional $150,000 to the current $100,000 cap for the Hussey v. Collier County litigation cases, to be paid by funds currently within the County Attorney's approved budget. 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 OROTHER 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 Page 18 September 14,2010 NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve a scrivener's error, SE-2008-AR-13623, amending Ordinance Number 07-34, for the Kaicasa RPUD. The Scrivener's errorresulted in the omission of Section 12 of the legal description. The property is located in Section 12 and Section 13, Township 47 South, Range 29 East, Collier County, Florida. B. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessments levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance No. 2005-54, as amended. Revenues are anticipated to be $18,319,000. C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 September 14, 2010 September 14,2010 MR.OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. Ladies and gentlemen, the Board of County Commissioners meeting is now in session. Would you please stand for the invocation to be given by Pastor Curt Ayers of the Capri Christian Church. PASTOR AYERS: Let us pray. Father, we thank you so much for this meeting and for this time we gather together to work on the needs of this community. And, Lord, I know in dealing with people that it's difficult sometimes to get through issues, and we always ask in a public setting like this for wisdom and for guidance, Lord, guidance to make tough decisions, to do things that may be not popular in the community but things that are right, things that are good for the community in the long run, and we ask you to help us to do that. It's not to think about the politics of it, but to think about what is right and what is good and what is important. to the community. And I ask that you would bless all those who are making those decisions. I know how tough it can be sometimes to do that, to stand up and to do the right thing and to be asking for guidance and direction, and I pray that you would give them that and that at the end of the day everyone would understand that the right thing has been done. When we make mistakes, Lord, we ask you to help us to overcome them, to turn from them, and to go on and do the things that we now see that are right. And we ask for your grace and your compassion and your forgiveness and your help because we cannot do this -- we cannot do this without you. We thank you, Lord. Thank you for being here, thank you for these people, thank you for those who -- Lord, who have chosen to take these responsibilities. They have a heavy weight. Bless them now. In Jesus' name we pray, amen. Page 2 September 14,2010 CHAIRMAN COYLE: Thank you, Pastor Ayers. Please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN COYLE: County Manager, do you have any changes to the agenda? MR. OCHS: Yes, sir, I do. Good morning. Commissioners, these are your agenda changes for Board of County Commissioners' meeting, September 14,2010. First change is a request to withdraw Item 6F. It's a public petition request by Mr. Peter Goodin. That was withdrawn at the petitioner's request. Next item is a request to continue Item 6G till the September 28, 2010, BCC meeting. That's a public petition request by representatives ofE's Country Store. Next item is a staff request to withdraw Item 16E2. It's a rejection of a bid award. Then we have a couple of agenda notes this morning, Mr. Chairman. The first note is on agenda Item 16A 19 in your consent agenda referencing the staff recommendations on Pages 9 -- excuse me -- recommendations nine and ten on Pages 5 of 10, and I'll just read the two changes, if I might. On recommendation nine, it reads as follows: The property owner will not excavate within 180 feet along the section line between Sections 21 and 22, a non-excavation zone, for a period of up to January 1,2030. And then recommendation nine (sic) is amended as follows: The Page 3 September 14,2010 property owner agrees not to excavate closer than 120 feet from the northerly and southerly boundaries of the Phase 1 and Phase 2 mining area, non-excavation zones, for a period of up to January 1,2030. And these two changes are recommended at Commissioner Coyle's request. And they do not change the meaning, but they clarify the sentence structure and, I think, make it very clear on the requirements. Then we have Item 16D6. It's another agenda note. This was identified by Commissioner Fiala. We have a couple of references on Pages 11 and 12 on your executive summary that refer incorrectly to fiscal year 2009 when they should refer to fiscal year 2011. Page 11 should read, currently the library is under a hiring freeze. We expect this to continue through FY2011. And on Page 12 of that executive summary, it should read, attention will be paid in FY11 to compliance with the E-Rate and Patriot Act requirements for technology policies. Again, that was at Commissioner Fiala's request. Next change or agenda note is Item 16F4. The second agreement made part of the backup to this item is entitled, 2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Incorporated, marked as Exhibit F of that agreement, and that agreement -- excuse me -- that exhibit has been replaced with a new Exhibit F that now contains an itemized list of the project expenses, and that amount to be paid under the agreement has not changed, but it's more specific and it will allow the Clerk's Office to do a better preaudit on that expense. Item 16H 1, the amount paid from Commissioner Fiala's travel budget to attend the fact-finding trip to the Jackson Laboratory on July 15,2010, should be $591.80 not $638, as stated in the executive summary. The sales tax was incorrectly included in the total. That change is at staffs request. And Item 16H3, the amount paid from Commissioner Coletta's Page 4 September 14,2010 travel budget to attend the September 21, 2010, Excellence in Industry Awards Luncheon that is upcoming is $20, not $50, as stated on the agenda. And again, that correction at staffs request. And, Commissioners, we have two time-certain items on the agenda today. The first is Item lOB, and that will be heard at one p.m., and Item 10C will be heard at 11 a.m. this morning. And that is all the changes that 1 have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you very much. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. We'll start with commissioners now. Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you very much. Good mornmg, everyone. CHAIRMAN COYLE: Good morning. COMMISSIONER FIALA: This morning I have no changes or additions or corrections to the agenda, and I have no disclosures on the consent or summary agenda. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Good morning, Chair. CHAIRMAN COYLE: Good morning. COMMISSIONER HALAS: I have no disclosures on the consent agenda, or neither the summary agenda. CHAIRMAN COYLE: Okay. And I have no further changes to the agenda, and I have no ex parte disclosure for the summary or consent agendas. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Good morning, Chair. I have no changes to the agenda and nothing to declare. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I want to pull 16E8. That's the change orders on today's consent agenda. Page 5 September 14, 2010 CHAIRMAN COYLE: 16E8, County Manager, becomes what item? MR. OCHS: That will become Item 10E on your agenda. 16E8 will become 10E. CHAIRMAN COYLE: Okay. And those are all of your suggested changes, Commissioner Henning? COMMISSIONER HENNING: Yeah. That's the only thing I want to pull from today's consent or summary agenda. CHAIRMAN COYLE: Okay. All right. And no ex parte? COMMISSIONER HENNING: I have no ex parte on today's consent or summary agenda. CHAIRMAN COYLE: Okay. Thank you very much. And then I would entertain a motion to approve the agenda -- COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: -- as amended by the withdrawal of -- or proposed -- MR. MITCHELL: Commissioner, we have a public speaker to the consent agenda. CHAIRMAN COYLE: We have one public speaker for the consent agenda. MR. MITCHELL: To the consent agenda item. CHAIRMAN COYLE: About any specific -- yes, 1 know which specific item it is. MR. MITCHELL: 16K8. CHAIRMAN COYLE: Mr. White? MR. WHITE: Thank you, Mr. Chairman. Congratulations on your reelection. CHAIRMAN COYLE: Thank you. MR. WHITE: Commissioners, good morning. Patrick White, Porter, Wright, for the record, representing McDonald Transit Associates. We had filed with you yesterday a request to have this item Page 6 September 14, 2010 removed from the consent agenda to the regular agenda. There was some confusion. I thought it had been moved to 12A. Apparently not. I'm simply here for two purposes; one, to make that request again, if you would so consider it and, two, to submit to the record to the minutes keeper an original of our petition for stay of the execution of the contract award. I'm happy to answer any questions you may have. CHAIRMAN COYLE: Patrick, just so I understand -- MR. WHITE: Yes, sir. CHAIRMAN COYLE: -- are you saying that we did not include in the records something that you wanted submitted? MR. WHITE: There were some points in the documents we provided you yesterday, a letter and some backup materials, that we believe warrant a more further and complete discussion in front of this board about this item. I understand that there may not be a desire on the part of you or the other commissioners to hear what we have to say about it, but all I'm doing is submitting the original of one of the documents that was a backup to what we provided yesterday, and that's the petition for stay of execution of the contract today. CHAIRMAN COYLE: I would suggest if you have that information you submit it now for inclusion in the record. Submitting it yesterday, it wasn't possible to put it with the assembled documents, nor was it advertised. MR. WHITE: I understand. CHAIRMAN COYLE: Okay. MR. WHITE: But it was essentially a request to withdraw the item and move it to -- from the consent agenda to the regular agenda for dialogue. CHAIRMAN COYLE: Yes. And any commissioner who wishes to do that and make such a motion is capable of making such a motion now. Page 7 September 14, 2010 MR. WHITE: And I can infer from the actions earlier that they have not. CHAIRMAN COYLE: No. There -- one commissioner is waiting is speak. Commissioner Halas? COMMISSIONER HALAS: Good morning. It's my understanding that when this came before the magistrate, that since you're the attorney for that, for those people, that you were out of town on vacation, is my understanding, when that came before the magistrate. MR. WHITE: No, that's not correct. COMMISSIONER HALAS: That's not correct. MR. KLATZKOW: Commissioner, if! may stop you. He's already said he's going to sue us. COMMISSIONER HALAS: Okay. MR. KLA TZKOW: That's what he's saying right now. So he's basically saying, if you don't give us the contract, we're suing you. I don't know that it makes any sense to have any debate because -- COMMISSIONER HALAS: Okay. MR. KLA TZKOW: -- he'll just use that in the litigation, which he's already doing from the prior debate the commission had on this. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN COYLE: All right. Very well. MR. WHITE: I can't say I agree with your county attorney's characterization nor some of the items in the executive summary about my unavailability. I was unavailable for meetings, but I was not unavailable for teleconference. In fact, anybody could have called me anytime, sent me an email. They never did. CHAIRMAN COYLE: Okay. All right. Thank you very much, Patrick. MR. WHITE: Thank you all. CHAIRMAN COYLE: No other public speakers? Page 8 September 14,2010 MR. MITCHELL: No, sir. CHAIRMAN COYLE: Okay. Thank you very much. And I'll entertain a motion for approval of the agenda as amended by the withdrawal of 16E8, or movement of 16E8 out of the consent agenda. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Halas to approve, seconded 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: The agenda is approved. Page 9 Agenda Changes Board of County Commissioners Meeting September 14, 2010 Withdraw Item 6F: Public Petition request by Mr. Peter Goodin regarding permitting and installation of signs reading "Oakes Estates". (Petitioner's request) Continue Item 6G to the SeDtember 28. 2010 BCC Meetine:: Public Petition request by E's Country Store at Oil Well Road and Immokalee Road. (Petitioner's request) Withdraw Item 16E2: Recommendation to reject award for Invitation to Bid (ITB) 10- 5511 for Hardware and Related Items. (Staff's request) Note: Item 16A19: Recommendation to approve commercial Excavation Permit No. PL 20090000616, Ex 59.814-1 "East Naples Mine, located in sections 21 & 22, Township 49 south, Range 27 east: bounded on the north and west by existing quarry operations and vacant land zoned agricultural, and on the west & south by vacant land zoned agricultural - A(ST /WS4). (Commissioner Coyle's request) Amend Staff Recommendations 9 and 10 on Page 5 of 10 as follows: 9. The property owner agreet will not w excavate ts a miRimllm within 180 feet along the section line between Sections 21 and 22 (a "non-excavation zone") for a period of up to January 1, 2030. 10. The property owner agrees "due"weRt te the i"waAte af tl:te ,wlajeGt enGa":atisR permit RS' ts eI16a':a'e 's a miRimllm sf not to excavate closer than 120 feet from the northerly 110 fee' and Ule-southerly 110 fee' sf boundaries of the Phase I and Phase 2 mining area ("non-excavation zones) for a period of up to January 1, 2030. Item 1606: The year 2009 is incorrectly referenced on Pages 11 and 12 as follows: Pg. 11: Currently the Library is under a hiring freeze. We expect this to continue through FYJOOIl FY2011. Pg. 12: Attention will be paid in Ft!09 FYll to compliance with the E-Rate and Patriot Act requirements for technology policies. (Commissioner Fiala's request) 9/14/20108:43 AM Item 16F4: The second agreement made part of the back-up to this item is entitled 2011 Tourism Agreement between Collier County and Friends of Rookery Bay, Inc. Exhibit "F" of that agreement is replaced with an Exhibit "F" that now contains an itemized list of the Project Expenses. The amount to be paid under the Agreement has not changed. Item 16H1: The amount paid from Commissioner Fiala's travel budget to attend the fact finding trip to the Jackson Laboratory on July 15, 2010 should be $591.80 not $638 as stated in the executive summary. Sales tax was incorrectly included in the total. (Staffs request) Item 16H3: The amount paid from Commissioner Coletta's travel budget to attend the September 21, 2010 Excellence in Industry Awards Luncheon is $20 not $50 as stated on the agenda index. (Staff's request) Time Certain Items: Item lOB to be heard at 1:00 p.m. Item 10C to be heard at 11:00 a.m. 9/14/2010 8:43 AM September 14, 2010 Item #2B and #2C MINUTES FROM THE JULY 27-28,2010 - BCC/REGULAR MEETING -APPROVED AS PRESENTED CHAIRMAN OYLE: That brings us to minutes of the meeting for July the 27th, 2010, BCC/regular meeting minutes and July 28, 2010, BCC/regular meeting minutes. Do any of the commissioners have corrections or changes to make to those minutes? COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, 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? (No response.) CHAIRMAN COYLE: Those minutes are approved unanimously. Item #3A SERVICES AWARD - 25 YEAR ATTENDEES - PRESENTED CHAIRMAN COYLE: That brings us to service awards. You Page 10 September 14, 2010 want us to do that down here? MR. OCHS: Yes, sir. If you'd be so kind as to join us in front of the dais. We have one employee service award this morning and a series of advisory committee service awards. Commissioners, recognizing 25 years of county service this morning from your Road and Maintenance Division is Erin Hall. Erin? (Applause.) CHAIRMAN COYLE: Congratulations. MS. HALL: Great. Thank you. COMMISSIONER COLETTA: Congratulations. Thank you. COMMISSIONER HALAS: Congratulations. Thanks for your serVIce. COMMISSIONER FIALA: Twenty-five years. Good for you, girl. COMMISSIONER HENNING: Thank you for your time. (Applause.) Item #3B SERVICE AWARDS: ADVISORY BOARD MEMBERS - 5 YEAR A W ARDEES - PRESENTED MR. OCHS: Commissioners, we have some five-year service awards, recognizing service on your advisory committees. Your first five-year recipient is Mr. Renato Fernandez from your Hispanic Affairs Advisory Board. (Applause.) COMMISSIONER COLETTA: Thank you for your service. COMMISSIONER HALAS: Good morning. Thank you for your serVIce. COMMISSIONER FIALA: I don't want a handshake. A hug. Page 11 September 14, 2010 Thanks for all your work. CHAIRMAN COYLE: You need to stand -- we'll put you right here. (Applause.) MR. OCHS: Congratulations, thank you. Commissioners, your next awardee recognizing five years of service on your Tourist Development Council is Mr. Clark Hill. (Applause.) COMMISSIONER COLETTA: Thanks again for your time. MR. HILL: All right, sir. (Applause.) MR.OCHS: Commissioners, your final five-year awardee, Mr. Mitchell Roberts, is not present today. He's teaching school. But he serves on your Ochopee Fire Control District Advisory Committee. So that completes our service awards this morning. CHAIRMAN COYLE: Okay, thank you. Brings us to proclamations. Item #4 A PROCLAMATION DESIGNATING SEPTEMBER 23,2010 AS INFANT MORTALITY AWARENESS DAY. ACCEPTED BY CATHY CORTEZ, EXECUTIVE DIRECTOR, HEALTHY START SW FLORIDA, AND JOE PATERNO, BOARD MEMBER. SPONSORED BY COMMISSIONER COYLE - ADOPTED MR. OCHS : Yes, sir. Your first proclamation is 4A. It's a proclamation designating September 23,2010, as Infant Mortality Awareness Day, to be accepted by Cathy Cortez, executive director, Healthy Start Southwest Florida. This proclamation sponsored by Commissioner Coyle. Ms. Cortez? Page 12 September 14,2010 (Applause.) MR. OCHS: Please come forward. CHAIRMAN COYLE: Hi, Cathy. How are you? Good to see you. Is everybody ready? Cathy, if you want to say anything. MS. CORTEZ: I do want to take just a moment to say thank you for your support of Collier's babies, and want to make sure that you know about the invitation to join us, and those in the room. As part of Infant Mortality Awareness Month, we will be holding a dedication ceremony for the babies that died before the first birthday at Naples Community Hospital on 41 next Thursday on September 23rd at four o'clock, and then we're also celebrating our Inaugural Golden Baby Shoe Awards on September 24th at the Grandezza. But thank you again for your support of the babies in Collier. CHAIRMAN COYLE: Thank you. (Applause.) Item #4 B PROCLAMATION DESIGNATING SEPTEMBER 30, 2010 THROUGH OCTOBER 2,2010 AS ZONE INSTITUTE OF ROTARY WEEK. ACCEPTED BY KEN RUSKIN. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR.OCHS: Commissioners, proclamation 4B is a proclamation designating September 30, 2010, through October 2, 2010, as Zone Institute of Rotary Week. This proclamation to be accepted by Ken Ruskin, and it's sponsored by Commissioner Coletta. Mr. Ruskin? (Applause.) CHAIRMAN COYLE: Good morning, Ken. How are you? COMMISSIONER COLETTA: Thank you. COMMISSIONER HALAS: Good morning, Ken. Pleasure to Page 13 September 14,2010 see you. CHAIRMAN COYLE: Would you like to say something? MR. RUSKIN: I want to thank the commissioners for recognizing Rotary, Rotary International, a worldwide organization. In the week of September 28th to October 3rd, 600 Rotarians from nine eastern states, all of the Caribbean nations, including Guiana, French Guiana, and Suriname in South America, are coming to Naples for training. This event was produced by John Smarge. Many of you may know him as Ray the Mover, who is an international director of Rotary, of which there are 14. So we're very happy to have this. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING SEPTEMBER 20,2010 TO SEPTEMBER 24,2010 AS INDUSTRY APPRECIATION WEEK. ACCEPTED BY TRISH BIEBRICHER, TAMMIE NEMECEK, KRISTI BARTLETT, BOB MULHERE, AND TIM CARTWRIGHT. SPONSORED BY COMMISSIONER COYLE- ADOPTED MR.OCHS: Commissioners, Item 4C is a proclamation designating September 20, 2010, to September 24, 2010, as Industry Appreciation Week, to be accepted by Trish Biebricher, Tammie Nemecek, Kristi Bartlett, Bob Mulhere, and Tim Cartwright. And this proclamation is sponsored by Commissioner Coyle. (Applause.) CHAIRMAN COYLE: Hi, Kristi. MS. BARTLETT: Hello. CHAIRMAN COYLE: Bob, good to see you. Page 14 September 14, 2010 COMMISSIONER COLETTA: Bob. CHAIRMAN COYLE: Good morning. MS. BIEBRICHER: Good morning. I'm Trish Biebricher, and thank you very much. I am the 27th annual chair for the EDC Excellence in Industry A wards this year, and which will take place at the Hilton. And I notice Clark Hill is here today. We want to invite you to join us. We have ten award winners in various different categories, and I'm very pleased to be supporting local businesses in the Collier County area, the personal one-on-one attention that the EDC has been able to provide for our local businesses, and it's nice to be able to share some good new. Thank you. CHAIRMAN COYLE: Thank you very much. (Applause.) MR.OCHS: Commissioners, if! could get a motion to approve the proclamations, please. COMMISSIONER HALAS: Motion to approve today's proclamations. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve 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 15 September 14, 2010 (No response.) CHAIRMAN COYLE: The proclamations are approved unanimously. MR. OCHS: Thank you, sir. Item #5A RECOGNIZING JAMES BABLITZ, TRAFFIC SIGNAL TECHNICIAN, TRAFFIC OPERATIONS, AS THE EMPLOYEE OF THE MONTH FOR AUGUST 2010 - PRESENTED MR. OCHS: That takes us to Item 5 on your agenda, Commissioners, presentation. This is a recommendation to recognize James Bablitz, Traffic Signal Technician, Traffic Operations, as the Employee of the Month for August 2010. Ifwe could have James come forward, please. (Applause.) MR. OCHS: Commissioners, I'll tell you a little bit about James as he receives his reward. James is a Traffic Signal Technician. He's been an employee of Collier County for almost nine years working in our Traffic Operations Department in our Growth Management Division. He's always been a very diligent, dependable employee who consistently exceeds expectations. As a traffic signal technician, he consistently displays foresight and sound judgment when restoring the lighting services to all the signal systems throughout the county. James has offered a number of very useful suggestions, not only on how to be more efficient in our operations, but more importantly, on how to practice safety out in the field. He's made several suggestions to the staff that have been implemented, saved us a lot of time, and made sure that our employees were working in a very safe Page 16 September 14, 2010 environment. His innovative suggestions have proven to be excellent in proactive safety measures, saving countless dollars for the county. His initiative to promote not only a safe but efficient workplace makes him a true asset to the county and very deserving of this award. Commissioners, it's my great pleasure to present James Bablitz as the Employee of the Month for August 2010. Congratulations, James. (Applause.) CHAIRMAN COYLE: Congratulations. MR. OCHS: Thank you, James. Congratulations to you. Well done. Item #6A PUBLIC PETITION BY MR. ANTHONY BROWN REGARDING E- VERIFY - NOT PRESENT; MOTION DIRECTING THE PURCHASING DEPARTMENT TO BEGIN USING THE E- VERIFY PROGRAM, SEND NOTIFICATION TO ALL VENDORS REGARDING IMPLEMENT A TION OF THE PROGRAM AND TO ADD THIS ITEM TO THE LIST OF LEGISLATIVE PRIORITIES - APPROVED MR. OCHS: Commissioners, that takes us to Item 6 on your agenda, public petitions. 6A is a public petition request by Mr. Anthony Brown regarding E- VerifY. Is Mr. Brown present this morning? (No response.) MR.OCHS: I don't see him. CHAIRMAN COYLE: If Mr. Brown isn't here, then let me -- let me say something about his petition. I would like to publicly thank him for bringing this issue to our Page 17 September 14, 2010 attention, and it involves a failure by county staff to implement provisions that the County Commission approved a long time ago, and I would like to thank Mr. Brown for bringing this failure to our attention. This commission has been unanimous in its insistence that our immigration laws be enforced by the federal government, that employers not hire illegal immigrants for work in Collier County. This county was the first county in the State of Florida and one of the first in the entire nation to implement a cooperative agreement with immigrations and customs enforcement through the sheriffs agency that has resulted in the apprehension and deportation of thousands of criminal illegal aliens that has reduced our jail population dramatically and saved the taxpayers of Collier County millions and millions of dollar. I am particularly mortified to find out that we are not implementing and inspecting compliance for the E- Verify process. So we will commit ourselves to getting that issue resolved. And I have to also add another item that I think we've been too soft on, and that is the policy that allows what we believe to be imposters who collect money on behalf of veterans from Miami-Dade who come over here and collect money -- COMMISSIONER HALAS: Yeah. CHAIRMAN COYLE: -- at shopping centers and intersections in Collier County. We don't believe that money is properly accounted for, we don't think it's properly spent, but we don't have the authority to go over to Miami-Dade and inspect it. But I think we have been particularly timid here in establishing guidelines to solve that problem. So I want Mr. Brown and others to understand that at least -- and I, and I think all the members of the board -- if anybody objects to that, please tell me -- but I think all the members of the board are in agreement with those -- those procedures. So with that, Commissioner, who's first, you or Commissioner Page 18 September 14, 2010 Henning? Commissioner Henning? COMMISSIONER COLETTA: They both came on at the same time. CHAIRMAN COYLE: Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: I think we need to direct our staffto change the purchasing policy to include that all vendors and contractors use E- Verify and also send -- direct our staff to send a letter to existing contractors to use and verify through E- Verify. CHAIRMAN COYLE: Okay. If that's a motion-- COMMISSIONER HENNING: That's a motion. CHAIRMAN COYLE: -- Commissioner Henning, I would be happy to second it. And Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I was working with Mr. Brown for the last four months to bring it to the commission today in the form of a public petition. I'm sorry he's not here, but I think we got the gist of what he was saying, and he's absolutely correct. We have been doing everything we possibly could, and this is one of the things that has escaped the attention of the commission and will be corrected in short order. The program that's in place at this point in time has been so successful that the 1mmokalee Jail, a newly built jail that's about four or five years old, has been placed in the moth balls because there's so few prisoners to put into it, which is a -- which is a wonderful thing. One of the things I'd like to see us do -- and if you would -- Mr. Henning, if you'd consider -- Commissioner Henning, if you'd consider adding it to your motion, is that we also direct staff to make this one of our legislative priorities for the coming legislative session at the state level to see if we can reach out to the legislative body to make it a state initiative rather than just us working with the Collier Page 19 September 14, 2010 County Government entity. COMMISSIONER HENNING: I'll include that in my motion. I believe they are -- there is something about that coming up. But, yeah, I think that's a great idea. I include that. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: The commission has sent -- previously sent a resolution to the state government encouraging that the procedures we have here be implemented -- be required to be implemented in all counties in Florida. Unfortunately they've never acted on it. But it wouldn't hurt to have another one. COMMISSIONER COLETTA: Well, I'd like to see us go so far as to require all businesses, whether they're dealing with government entities or not, to use E- V eri:ty. CHAIRMAN COYLE: Yeah. I agree, I agree. Any further discussion? Yes, Commissioner Halas. COMMISSIONER HALAS: This is directed to the county attorney. Don't we follow the E- V eri:ty policy at the present time as far as contractors with the county? MR. KLA TZKOW: I think we can do a better job at it, and we will. E- Veri:ty's very limited. I mean, just -- we can require people to sign up for the program, but we really have very little auditing, you know, power to see if they're actually using it. And quite frankly, the federal government -- COMMISSIONER HALAS: That's the reason I asked. MR. KLA TZKOW: -- does not require that anybody keep documentation on it, which is very frustrating. But we will work with county staff to implement board's direction here. COMMISSIONER HALAS: We are -- we do have our hands tied somewhat in regard to other employers in the county who we don't deal business with as far as E- Veri:ty; is that correct? MR. KLATZKOW: Yes, yes. The federal government ties our hands in a lot of ways on this. Page 20 September 14, 2010 COMMISSIONER HALAS: So actually, not only does it need to go to Tallahassee, but it needs to go up to the federal government to address this. MR. KLATZKOW: Absolutely. COMMISSIONER HALAS: Okay. I just wanted to verify that. Thank you. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: I often wonder, as the Sheriff's Office continues to give us reports of how our crime is being reduced, if this is one of the factors in reduction of crime. CHAIRMAN COYLE: They will tell you absolutely, it is. The Public Safety Coordinating Council has been getting reports from the Sheriff's Office on this issue on a quarterly basis for the past several years, and they will tell you that it definitely has reduced the level of crime, because I believe that the average number of crimes committed per deportee is somewhere in the range often to 12. So these were repeat offenders. They were people who were creating a series of crimes. So getting them off the street and out ofthe country has, indeed, substantially reduced the crime rate in Collier County. Any further comments by the commissioners? (No response.) CHAIRMAN COYLE: All in favor of Commissioner Henning's motion, 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 passes unanimously. Page 21 September 14, 2010 Item #6B PUBLIC PETITION BY MR. JIM KRAMER REGARDING PLAUSIBLE DENIAB1LITY - PRESENTED CHAIRMAN COYLE: That bring us to the public petition request by Mr. Jim Kramer. MR. KRAMER: Good morning, Commissioners. I'm Jim Kramer from District 2 in North Naples. I would like to talk to you about a political dis-ease that I believe might have afflicted you all known as plausible deniabi1ity. The online reference, Wikipedia, refers to the denial of blame in change of demand where upper rungs quarantine the blame to lower rungs, and the lower rungs are often inaccessible, meaning that confirming responsibility for the action is nearly impossible. In the case that legal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such act or any connection to the agents used to carry out such acts. Plausible deniability is a legal concept. It refers to lack of evidence proving an allegation. Standards of proof vary in civil and criminal cases. In civil cases, the standard of proof is more likely so than not; whereas in a criminal matter, the standard is beyond a reasonable doubt. If your opponent lacks incontrovertible proof or evidence of their allegation, you can plausibly deny the allegation even though it may be true. So far today we've seen your reaction to Brent Batten's Naples Daily News article of August 6th. Quote, Collier County Government wants its contractors to hire legal workers. It doesn't bother to check, mind you, but it wants them to, unquote. And Mr. Brown, as you've said, has offered steps the county can take to verify the legality of the Page 22 September 14,2010 word -- workers. But is plausible deniability at work here? Have you advocated your responsibility to see that the codes you established are enforced? Quote again. Brown finds the county's don't ask policy towards E- Verify ironic, given that in 2007 the commission adopted a resolution reading in part, quote, the board urges the federal government to swiftly and firmly enforce our immigration laws against illegal immigrants and those employers who hired them, unquote. Also in 2007, then County Sheriff Don Hunter took a proactive stance and entered into agreements with Department of Homeland Security and the Immigration and Customs Enforcement as provided by statute 287(g) of the Immigration and Nationality Act. This allows local and state agencies to receive delegated authority for immigration enforcement. Three years ago today I presented another public petition requesting similar action. Was plausible deniability at play in the delay of such actions? Mark Strain writes in the Collier Citizen in August, quote, Our government seems to be going further and further in the direction inconsistent with the desires of its citizens. The concerns raised by the public appear daily in the news, on the radio, and through a variety of electronic media, yet the message is often not being heeded by some politicians at all levels, unquote. Is this a sign of plausible deniability? Quote again. It will take more than a news quote or a blog about something we dislike to change things. While those things are necessary and helpful in order to make people aware and possibly even get them thinking, introducing issues for discussion must be followed by voter participation, unquote. That's why I'm here today putting this on the public record. Quote again, Some elected officials may feel that they are infallible, Page 23 September 14, 2010 but voting can prove them wrong. The number of mistakes and the abuse of power at all levels of government are increasing and will continue to do so until the voters express their discontent. Look at the position the public has been restricted to when we try to participate in local government. We are selectively limited in the time allowed to speak regardless of the intensity of the subject. The entire psychology of the meeting room is centered on elevating those in power and intimidating everyone else. The public is outmaneuvered if they ask for a simply explanation, not by the politicians who cannot answer in the first place, but by staff we are funding. Too many times the response is simply not to respond. As taxpayers, we have been removed from expressing ourselves by referendum on a potential tax increase. Our community planning is being ignored for the benefit of special interests far too often. Unquote. In a later article Mark says, quote, Public involvement is the cornerstone of our democracy, and a lack of public involvement has created a lot of problems in this country. When all's going well and the economy is singing along, was singing along, very few citizens were paying much attention to what the government was doing. Unfortunately, government was and still is making mistake after mistake in the process -- and in the process setting the stage for destroying our economy and selling our futures far down the road. Locally we have pledged our future -- tax future away for hundreds of millions in unnecessary and extravagant projects that could have been just as functional at a fraction of the cost. When our parks become water parks to rival Disney for tourist attractions and we pay $60 million for this privilege, someone is not watching the store. When we pay 35 million for a connery (sic) overpass -- a concrete overpass that can be functionally accomplished for half that Page 24 September 14, 2010 amount without all the fluff, someone is not watching the store. When we pay 60 million to build -- overbuild an emergency operations center with every conceivable toy, someone is not watching the store. When we approve long-range transportation plans that will require us to shell out more than a billion dollars in road improvements to split up a local community, bulldoze homes and provide services they do not need or want, someone is not watching the store, not to mention the special projects now being considered, unquote. Plausible deniability? Liz Freeman writes in the Daily News of Janet Vasey's pitch for a mail-in ballot referendum on Jackson Labs. Quote, $130 million in taxpayers' funding for the project locally. Does plausible deniability allow you to ignore the Productivity Committee's conclusions that the project was not economically sound based on how the project stood at the time, unquote, or that she says, quote, I hear people want to vote and I hear that everywhere I go, unquote. Back to Wikipedia. Arguably the key concept of plausible deniability is plausible. It's fairly easy for a government official to issue a blanket denial of such an action, and it is possible to destroy or cover up evidence after the fact. And this might be sufficient to avoid a criminal prosecution, for instance; however, the public might well disbelieve the denial, particularly if there's strong circumstantial evidence or if the action taken is believed to be so unlikely that the only possible explanation is that the denial is false, unquote. I would request more sunshine, Commissioners, so that you might be relieved of this dis-ease. Thank you for your attention. (Applause.) Item #6C Page 25 September 14,20 I 0 PUBLIC PETITION BY MRS. JANET VASEY REGARDING VOTER REFERENDUM ON USING LOCAL PUBLIC FUNDS FOR THE JACKSON LABS PROJECT - COMMISSIONER HENNING MADE THE MOTION TO DIRECT STAFF TO PREPARE RESOLUTION AUTHORIZING ASTRA W BALLOT REGARDING JACKSON LABS AND TO HAVE PROPOSED RESOLUTION BROUGHT BACK AT THE NEXT BCC MEETING - NOT CONSIDERED DUE TO LACK OF A SECOND CHAIRMAN COYLE: Thank you. The next public petitioner is Ms. Janet Vasey. (Applause.) MS. VASEY: Janet Vasey, for the record. Good morning, Commissioners. My purpose today is to request that you authorize a referendum using mail-in ballots to allow voters to decide whether local public funds should be used to bring Jackson Lab to Collier County. This is a large financial undertaking for our community, and people want to vote on it. This is the type of major new spending initiative where this board has welcomed voter input in the past. In 2002, you authorized a referendum asking for voter approval to spend $75 million for Conservation Collier. In 2004, you authorized a referendum asking for voter approval to spend $40 million to purchase land for the zoo. The 130 million for Jackson Lab is more expensive than those two projects put together and it is more controversial among taxpayers, making it doubly important for the public to vote. Funding Jackson Lab is also a huge departure from the way property taxes have been spent in Collier County in the past. Currently we spend our tax dollars for normal local government functions such as health, safety, county infrastructure, and services to residents. Page 26 September 14,2010 In the last five years you have spent $1.2 million on economic development. Now you're planning to transfer $130 million of public money to a private enterprise for just one economic development project; 1.2 million to 130 million without voter input. The actual cost to the taxpayer would be 216 million iffully bonded, but that's not the total cost we could -- that we could be expected to pay. It's entirely possible that more public money would be needed to bring another genetics company to Collier. It's happened in two counties already, and Palm Beach taxpayers were required to pay an additional 94 million in local match funding for the second biotechnology company. And along with the Jackson project, this board has been encouraging other businesses to come forward with their economic development needs for public money. How much economic development can a small community afford? It's really necessary to ask Collier taxpayers if they want to increase their property taxes to spend such a large amount of money for private business creation when we never have in the past. Public validation in the form of a vote is essential. As reported three weeks ago, the state still has a funding problem getting the first $50 million increment of their $130 million share of the Jackson project cost. It's unclear at this point when the problem will be resolved; however, once the state has an agreement with Jackson Lab, Collier County has, and I quote, 120 days to adopt the mechanism to provide $130 million in local matching funds. That's four months during which you can conduct a voter referendum using a mail-in ballot. Commissioner Coyle, on July 27th you said you couldn't put Jackson Lab on the November 2nd ballot because, quote, the process was still evolving and you, quote, couldn't ask people to vote based on so little information. Once the state completes its agreement with Jackson, the board will have these 120 days to make a decision based Page 27 September 14,2010 on the latest available information at that time. You'll have to vote on the issue then, and we should be allowed to vote on it, too, using the very same information you would have at that time. That's the beauty of the mail-in ballot. The public would be able to vote based on the latest information available within weeks of when a decision has to be made. Some people, businesses, groups, have supported the project. The Daily News clearly supports it. The chamber of commerce is in favor. Some have been against spending any public money for Jackson, and many others have been supportive of Jackson's research but are against spending so much public money to bring Jackson Lab to Collier. The Collier County Medical Society had a survey where 94 percent voted in support of a biomedical research business moving to Collier County, but two-thirds voted that county tax dollars should not be used to fund this project solely. No groups, not even those actively supporting Jackson, have expressly said, we oppose a referendum vote on Jackson Lab. We don't want people to vote. No one has said that. I think it would make a difference to the public if you found paying partners to help fund a large part of the Jackson Lab local match cost. The way it stands now, a cost of 216 million with bonding is a lot of money for a small community of333,000 people to pay. People are asking, where is the private money? If this is such a great investment, where are the corporate and philanthropic partners that would reduce the cost to taxpayers? Why isn't Lee County paying a share of the local match since they will benefit greatly? Why is billionaire Tom Monahan giving 50 percent of his money to charity and nothing to the Jackson project that would stimulate the economy around his own Ave Maria University? Jackson Lab might be more attractive to voters if the project didn't cost them so very much. Another benefit with the voter referendum is that taxpayers Page 28 September 14,2010 would be able to decide if they agree with the way you want to fund the 130 million for Jackson. Property taxes were used for Conservation Collier and the zoo. The possibility of using a franchise fee has many people very concerned because a franchise fee would not be paid by anyone in the cities of Naples, Marco and Everglades. It's unlikely that a majority of the 294,000 people living in the unincorporated county would vote in favor of a funding mechanism using any franchise fees. Commissioners, wouldn't you like to know if your constituents want to pay for Jackson Lab and whether they agree with the way you intend to fund it? According to our Supervisor of Elections Jennifer Edwards, the cost of a mail-in ballot would be about $300,000, and she would need authorization from the Board of County Commissioners about 90 days prior to the determined election day. When the state completes its agreement with Jackson, the 120-day clock starts ticking, and the mail-in voter referendum taking 90 days would be accomplished within that time frame. And finally, I do think it's important to recognize the financial impact this would have on your people as another reason to give them a voice in the decision. The economy stinks, the times are tough, and it doesn't look like we're going to get any kind ofa rebound quickly. We have a recession following a financial crisis. Collier's unemployment rate is a high 13 percent. We've had 22,000 foreclosures from 2007 to August of2010. Fifty thousand homeowners will be affected by the new flood maps, and most of them will have to buy flood insurance at, perhaps, 300 to $500 each year. We still expect another significant drop in property values and tax revenues in fiscal year 2012, and there are property tax rate increases in our future, even without Jackson. Page 29 September 14,2010 Jackson would add almost $9 million in debt payments each and every year for the next 25 years if bonded with property taxes. People out there in your districts are struggling. Let them decide if this is the way they want to use their money to stimulate our economy. You know, there's a high level of public frustration these days. People feel powerless to have an impact on things that directly affect their lives. They don't think elected officials are listening, not at the national level and, due to Jackson, not at the local level. Let the voters speak, welcome their input as you have in the past. There will be time within the 120 days for the state -- after the state signs with Jackson to conduct a 90-day mail-in ballot with voters using the latest possible information to make a decision. I'm asking you to agree to a voter referendum on Jackson and act quickly to finalize the ballot language so that everything can be ready to go once the state signs their agreement. Please don't make this decision on your own. Let the people you serve decide for themselves on this important issue. I do have some ballot language with me if you're interested in considering it. And also I'd like to mention that in the hallway I just heard that Arthrex is willing to reimburse the county for the full cost of the election so it would not have an impact on taxpayers. And they apparently -- they're planning to present their offer under public comment. I'm available to answer any of your questions, to show you the ballot language that I have drafted, or anything else. CHAIRMAN COYLE: Janet, I would appreciate it if you could put the ballot language on the overhead there for all of us to see. (Applause.) MS. VASEY: Actually this is one of two options that I had. This is the one that's almost identical to the Conservation Collier and the zoo language. Page 30 September 14, 2010 CHAIRMAN COYLE: And you have another one? MS. VASEY: Well, I can't put it on the visualizer because my printer stopped working. It had enough, I guess. But basically it's very similar to this one, but it allows you to present the Jackson issue, say yes or no to the Jackson issue, and then say, if yes, should it be funded with bonded property tax, franchise fee, property taxes, or property taxes and franchise fees, so that's more like a straw ballot that would give you the option of saying yes, and if yes, how would you like to spend -- how would you like to pay for it. CHAIRMAN COYLE: Okay. Now, this appears to me to be sort of a policy issue, or is it just targeted at Jackson Labs? I mean, would it be okay if we had some other organization in essentially the same position, or should we be saying we don't want you to spend this amount of money to attract private firms of any kind to Collier County? MS. VASEY: I would not say that. What I'm saying here is that it's too much money. By the time you would bond it, it's just way too much money to spend of taxpayers' dollars without getting their input. Now, if you had -- and you wouldn't ever be able to afford to do any of those other things you're talking about if you've already used up all that money on one economic development project. CHAIRMAN COYLE: Well, no. I'm just trying to segregate the Issue. MS. VASEY: Okay. CHAIRMAN COYLE: Is it an issue that relates only to Jackson Laboratories and the amount of money, or is it an issue that relates to that amount of money? Should any expenditure for private companies who come to Collier County not be permitted? MS. VASEY: I wouldn't say that it should be denied. CHAIRMAN COYLE: So it's just for Jackson Labs? Ifwe changed the name and we went with some other company six months from now -- Page 3 1 September 14, 2010 UNIDENTIFIED SPEAKER: No, no. You're talking 130 million, Commissioner. CHAIRMAN COYLE: Hey, hey, hey, hey. You'll get a chance one day to speak, okay. And by the way, you can't vote for me anyway. So-- MS. VASEY: From my perspective, I see it as a real problem. The amount of money that we're talking about -- not the Jackson. It could be Bill Smith, it doesn't matter. It's the amount of money and that it's such a different direction for Collier County. We've never spent that kind of money on economic development, and people -- okay. And I think people need to have a say. CHAIRMAN COYLE: Okay. All right. Commissioner Henning had his light on first. Commissioner Henning? COMMISSIONER HENNING: Thank you. Question for my colleagues. Why would anybody on this board be opposed to asking our citizens to bond general fund monies to support Jackson Labs? CHAIRMAN COYLE: Is that -- (Applause.) CHAIRMAN COYLE: Let me explain to you what my problem would be with this language. It says $130 million of ad valorem taxes not exceeding .143 of 1 mill for a period of 25 years and bearing an interest rate -- interest at a rate not exceeding the maximum legal rate. And you vote no, does that mean that you wouldn't approve a $100 million bond payable for a period of20 years? That's my problem, Janet, and I think you understand that. If you're going to ask the people a question, it should be a question that establishes a policy. And in this case, one could take this ballot question, put it on the ballot, let the people vote, and turn right around and change the parameters, and it would be perfectly legal to do it. And so -- that's why I didn't ask you for some more specific language. Page 32 September 14,2010 If it is for Jackson Labs only, maybe what we -- somebody could do is come in and say, okay, we're going to do it for XYZ Laboratories, and this ballot question would not apply to them. So the issue that I think you might want to consider is a policy issue. Should Collier County allocate money of any kind -- maybe you can get a maximum limit -- to private organizations to diversifY our economy? Yes or no. And that establishes a policy issue. But this particular question, in my opinion, would not get at what you want to do. It doesn't address the issue of what would happen if the Board of County Commission were to say that we won't fund it from ad valorem taxes? We'll fund it from some other source. You see, it just doesn't solve the problem for you. But nevertheless. We-- COMMISSIONER HENNING: Thanks for answering my question. But let me just say that other sources of funding, the general public cannot take those off their income taxes. The only thing that they can take off is property taxes. And the issue of -- let's say that we only give Jackson Laboratories 100 million, 1 think the specific question here answers that by issuing a bond up to $130 million. But you could say, instead of Jackson Lab, biomedical company. The issue is putting it on the ballot. That's the whole issue. That's the whole question here. I don't think that we need to ask our citizens to help us correct a statement on a ballot. I think that that's our obligation, with the help of our staff. But-- (Applause.) COMMISSIONER HENNING: Please. I understand that our staff received a correspondence from Department of Community Affairs that Ave Maria does not have their zoning for such operations. Is that true? MR. OCHS: I'm going to ask Mr. Casalanguida to come up, and he's got that correspondence, Commissioner, if you don't mind him answering that directly. Page 33 September 14, 2010 COMMISSIONER HENNING: Thank you. MR.OCHS: He's got more information on it. MR. CASALANGUIDA: Good morning, Commissioners. For the record, it's Nick Casalanguida from our Growth Management Division. No, sir, there is zoning there. The question that came up from DCA was whether you could internally move some commercial from one side to the other. The RPC had said that that's possible, our administrative code allows that. DCA said we need more information and probably requires a notice of proposed change of what would go in front of the RPC. Zoning for a limited phase is there. We've asked DCA to confirm, if the whole zoning required for the WEG is there, and it is not. It would require an ADA, which is a further rezoning. So to answer your question, you could put the lab there now in a different location on the north side of town if it was to move forward. Questionable if it could be put on the south side now, and we're getting confirmation from DCA on that as we speak. And for the entire project it would require a full rezoning. In other words, when you say, not the entire cluster that's been proposed in the WEG report. COMMISSIONER HENNING: Would that require a GMP amendment? MR. CASALANGUIDA: I do not believe so, sir. I believe it would require an ADA, a full review of the DRI, an expansion of the DRI. But I can look into that. COMMISSIONER HENNING: So it would just be Regional Planning Council, Planning Commission, Board of Commissioners? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Is there any other correspondence that the board should be aware of on -- MR. CASALANGUIDA: I'm working on that package for the board, sir, as we speak. I can bring it to the next meeting if you'd like. Page 34 September 14, 2010 COMMISSIONER HENNING: How old is this correspondence? MR. CASALANGUIDA: A couple weeks, sir, before it came into DCA, and we're reviewing it back and forth with DCA as we speak. COMMISSIONER HENNING: Okay. Well, they -- Jackson Labs has already submitted SDPs -- MR. CASALANGUIDA: No, sir, not that I'm aware of. They've called to talk to me about that, and I said, not until I get direction from the Board of County Commissioners. COMMISSIONER HENNING: Okay. There is no permitting from South Florida Water Management that you're aware of? MR. CASALANGUIDA: Not that I'm aware of. There is -- that I'm aware of. There's nothing in our shop for Jackson Labs right now. COMMISSIONER HENNING: Nothing in Collier County's shop? MR. CASALANGUIDA: Right. COMMISSIONER HENNING: Are you aware of any other agencies in the State of Florida? MR. CASALANGUIDA: I'm aware that they're permitting something. And 1 don't know if it's Jackson Lab. I believe that Barron Collier is doing some environmental permitting for their project, but nothing in Collier County Government is in our application queue. COMMISSIONER HENNING: Sorry to get off the topic. MR. CASALANGUIDA: That's okay. COMMISSIONER HENNING: But the point is, I think we have plenty of time to put this on the ballot and let the citizens decide. I mean, just on the November ballot we have, the board directed, shall the Board of Commissioners allow a shopping center in Collier County Estates. It's not unlike the Board of Commissioners to put issues on the ballot, and I think this is important enough to the community, and allow the people that are in favor of it help sell it to the general public. So I'm in -- very much in favor of putting it on the Page 35 September 14, 2010 ballot. CHAIRMAN COYLE: Okay. The question still remains. Is it Jackson Labs only? Ifwe come up with another organization or concept to diversify our economy -- which we badly need, by the way -- would the -- is the ballot question going to interfere with in our ability to deal with any future diversification of our economy, which we hope will create jobs, or is it targeted only at Jackson Laboratory? MS. VASEY: I guess it could be done as a -- as a more overarching, generalized statement and request, if you want to set an upper limit on the kinds of money that you would spend for economic development. I think that it's -- it's the amount of money. It's not who. If you wanted to -- if you wanted to structure the ballot question to say, we're looking for the ability to borrow money, X amount of dollars. You'd have to decide, you know, how much you want to put on there for people to make that decision, and then -- and then if they say yes, then it can be used for whatever -- whatever purposes come along. CHAIRMAN COYLE: Okay. So it's not just Jackson Labs? MS. VASEY: Personal opinion. CHAIRMAN COYLE: Okay. Personal opinion. MS. VASEY: Just one person. CHAIRMAN COYLE: Well, there are a lot of signs that say, no tax money for Jackson Labs. They're not signs that say, no tax money for economic diversification. I need to understand that so we'll know whether or not -- what we're going to vote on. So it's a very complex issue. It's not really quite as simple as we have presented here. So it's going to affect the policy in Collier County dramatically as to what question we place on the balance. So it would be helpful if we got some more guidance about what that will be. But -- and I, like Commissioner Henning, I'm going to have to apologize for getting off the subject, but now is a perfect time to talk about this. I was going to give a status report under Page 36 September 14,2010 correspondence today, but we are continuing to try to develop alternative financing methods, including private financing methods. And in our discussions, we have found that there's more than one probably who would be interested in providing private financing for the building construction, which is most of the money. And we're -- I was going to ask the Board of County Commissioners if we could put out a brief little RFP so that we could treat all of the potential investors fairly to solicit private funding for at least the building construction. So we are continuing to develop the agreement and the financing methods in addition to those financing alternatives that you and the Productivity Committee defined. I just don't know how long it's going to take to get that done. But we're proceeding along that path at least. So in any event, Commissioner Halas now is -- has been waiting patiently to ask his question or make a statement. COMMISSIONER HALAS: First of all, Janet, thank you very much for all the research you did. That's very interesting when we find out that we have about 22,000 homes in foreclosure. It's amazing. Let's think about it for a second. Why are those 22,000 homes in foreclosure? It's because the building bubble has basically blown up, and the end result is, we have 13-and-a-half percent of the people here unemployed in Collier County that were tied to the building industry. A lot of those people have left the area seeking other employment, hopefully, probably in Texas or probably still rebuilding from Katrina down in the coast. But the thing is, I think all of us, the commissioners here, realize that this building is not going to come back. There was some statements made this morning about how we overspent on certain projects. First of all, this wasn't really ad valorem tax. There might have been a little bit of ad valorem tax added to the road construction, but most of this was impact fees, and this was growth that was coming to Collier County. Page 37 September 14,2010 We also on this board made some hard decisions, and nobody came here to -- in the vast numbers that we have today in rebuttal for our Rural Land Stewardship that we tried to put together to make sure that we were addressing future growth. Nobody came here and said, hey, we don't want Ave Maria because it's going to be a new town. And obviously, everybody had anticipated that this was going to grow to a massive size of25,000 people. Today it's -- nothing's happening much out there. We at the Board of County Commissioners decided that growth as far as building is not going to come back. It was time for us to make a hard decision and think about the future of this county and the people that live here. Now, if you think that you're going to be sustainable under the conditions you're at today, it's not going to happen. That's why we're here today, and we've been working on this project. And Commissioner Coyle has put his whole political career on the line trying to figure out the direction that this county needs to go so that if there is another blowup of the economy down the road in the future, that we can insulate ourselves from the 13 percent of the people that lost their jobs in this county and of the -- of the decrease in property values. Why is the property values being decreased? Because we have all of these foreclosed homes. It is time that we take a hard stance and figure out the best way to help get this county on a stable ground, and it's not going to be overnight, but this is going to hopefully insulate us from years down the road that we will not end up with the same problem we have today. Thank you. (Applause.) CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Commissioner Halas, that's a hard one to follow, but I'm going to try. Page 38 September 14, 2010 I want to encourage the element out there that's opposed to the spending of money for Jackson Lab to continue. I'll tell you why I haven't been too outspoken to try to knock the feet from underneath you. It's very simple. You're the tool to be able to bring this thing into some sort of balance. It's going to be the very best for the taxpayers. At this point in time, if I'm not mistaken -- I'm sure Commissioner Coyle will be able to correct me if I'm wrong -- the document that's going to come forward is going to be a couple hundred pages. We're on like Page 3. We're on the preambles of the whole idea of what's going to be taking place. What has come forward from the Jackson Lab contingent, I don't -- I wouldn't take it as a final offer. I would take it as an offer. It's not something that I would expect the county would accept carte blanche right out of the bag. I'd like to give Commissioner Coyle, I'd like to give the elements that are working on this for Jackson Lab, a chance to see what can be done to make this a more realistic venture. By the time this thing got on the ballot, I can assure you that a lot of these things are going to change. The $130 million might not be the same. There will be a whole bunch of things that are going to be completely different. We're going to be moving through this for quite a period of time. I don't think the final decision will be made for a long time. But I can assure you that your actions that you're taking by opposing it with such vigor is going to have a great effect if this ever goes forward on what the bottom-line cost is going to be. So thank you for that. (Applause.) COMMISSIONER COLETTA: Thank you. That's my mother. UNIDENTIFIED SPEAKER: No, it's not. CHAIRMAN COYLE: Are you [rom his district? UNIDENTIFIED SPEAKER: I'm from District 2. I can't vote. COMMISSIONER COLETTA: Please move. Page 39 September 14, 2010 CHAIRMAN COYLE: She can't vote -- UNIDENTIFIED SPEAKER: Besides, it was -- I had registered Democrat. I couldn't vote on any of them. CHAIRMAN COYLE: You could have voted for me. UNIDENTIFIED SPEAKER: No way. CHAIRMAN COYLE: You could have moved to 4. Okay. All right. We've heard the petition. And any further comments by the commissioners? COMMISSIONER HENNING: Yes. COMMISSIONER FIALA: I think it's all been said, as far as I'm concerned. COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: I make a motion that we have a special mail-out ballot, direct our staff to create a resolution to be on the board's next agenda, election resolution to go to the Supervisor of Elections. CHAIRMAN COYLE: Okay. (Applause.) COMMISSIONER FIALA: To say you don't want Jackson Labs? To say you don't want 130 million? To say -- what do you want to say? COMMISSIONER HENNING: Well, you know, this is-- UNIDENTIFIED SPEAKER: I change my sign. COMMISSIONER FIALA: Excuse me, but we -- COMMISSIONER HENNING: This is all-- I don't understand why we're talking about other things. It's always been about Jackson Labs. Two commissioners went up to Maine to visit Jackson Labs. The proposal for -- from the legislators, a match, it's all about Jackson Labs. So if you're proposing some other business, come forward and let the public know so that we can get it on the ballot and let the citizens Page 40 September 14, 2010 decide. (Applause.) CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, I -- UNIDENTIFIED SPEAKER: Put it to a vote. COMMISSIONER FIALA: I just wanted to -- thank you. I just wanted to give a report. I've never given you a report from my visit to Jackson Labs, and I've never given anybody that report. And as long as you mentioned it, Commissioner Henning, I would like to take this opportunity to do that. First of all, the Jackson Labs issue was begun because the State of Florida wanted to create a year-round economy. And the State of Florida said, we're going to start contributing money to anybody who can create a biomedical community. That's what Florida has decided to choose for us is a biomedical state so that every other state in the union, when anything has to do with biomedical, will send their people here, which will, of course, affect our tourism, but they wanted a year-round industry not affected by weather, not affected by oil spills, not affected by season, a year-round industry. So -- and the State of Florida said, and we'll put our money where our mouth is. When it was -- when they had given us the challenge to come up with equal dollars that they had dedicated to this particular one, knowing that Jackson Labs is a premier laboratory, not only without the United -- throughout the United States of America, but throughout the world, and their research is admirable. I want to use a stronger word. So when it comes to us, then I thought, I really want to go see Jackson Labs for myself. I -- you know, I went up there really not knowing what I was going to find and with a totally open mind, because I really wanted to know what we were doing before I ever got into this. UNIDENTIFIED SPEAKER: That cost a lot of money, too. Page 41 September 14, 2010 COMMISSIONER FIALA: Excuse me, please. CHAIRMAN COYLE: Who is that? COMMISSIONER FIALA: I'm talking now. Thank you. CHAIRMAN COYLE: Who is that? COMMISSIONER FIALA: I don't know. CHAIRMAN COYLE: Will you please be quiet while people are speaking? UNIDENTIFIED SPEAKER: Yes, I would. CHAIRMAN COYLE: Okay. Thank you very much. COMMISSIONER FIALA: And so I asked my secretary to make some reservations for me, but Jackson Labs was doing something called Discovery Days at the time, so I said, well, I'd like to go to that and see what they had to offer. But I wanted to go up early. I wanted to go up on my own because I wanted to do my own discovery, not -- not programmed by Jackson Labs, but just programmed by Donna Fiala. So I got up there early. I asked the city manager of Bar Harbor to please make an appointment with some of the people that are right there within the city. I wanted to talk to the city councilmen. And he said, you know, one of the city councilmen is a disgruntled ex-employee. Are you sure you want to speak to him? I said, absolutely. I want to get an entire picture. I met with bankers, with restaurateurs, with tourism people, with chamber people, and with all of these city council. I wanted to get a whole picture but not a whitewash picture. A picture that I, myself, can look at as a citizen of Collier County. And as I was meeting with these people -- and I found some many, many interesting things. What -- one of the things that I heard over and over again is, Bar Harbor would not be alive without Jackson Labs because they completely die in the winter, like we do in the summer. They just have no industry, and Jackson Labs is the only business Page 42 September 14,2010 there that keeps their businesses alive and keeps their people eating and going to school and so forth in the winter. That was interesting. And then as we went on -- and I brought my girlfriend Shirley with me, by the way, because I wanted to hear two -- I wanted to have two ears hearing this, not just my own, because a lot of times you hear things differently than someone else. The disgruntled employee comes up and he said, let me say by way of disclosure, I'm a disgruntled employee and I just want you to know that, and if you don't want to speak to me, then that's fine. And I said, no, I really want to speak to you. He went on to yell really that he'd been there 45 years, and they laid me off. They laid me off after 45 years, he said. And he said, and ('m very angry about it. And he says, I don't like the new management, and he went on and on. And then I asked him how long the management had been there, and he said about eight years. And he was -- and then he was quiet for a moment. He said, but that manager is retiring and a new one is coming onboard and maybe things will change, and then he was very quiet for a moment. And then he said, but I have to tell you this. He said, we would not survive here in this part of the country without Jackson Labs, and he said, you don't know how much it pains me to tell you that. I don't want to say this because I'm angry with them. He said, but they bring life to our community, they pump in $220 million a year into our economy. He said, we would die without it. He says, I resent the fact that they want to expand down there. I want them to expand up here because we could use the extra money that they're pumping into the economy. He said -- but he said, if they do come down there, grab onto it, he said, because you'll never be sorry. He said -- he said, and do you know how hard it is for me to say that they are a wonderful company? I went on to meet with other people. One educator told me -- and I thought this was very interesting. He said, they bring these scientists that are -- that are above and beyond most of us, you know, as far as Page 43 September 14, 2010 brilliant goes, and he said, they bring them in to study certain things. And he said, what is amazing is, these scientists are all married to brilliant people, and their kids become brilliant kids. And in the school system, they actually raise the level of education because the other kids rise to the top to learn from these kids who are so brilliant. He said, you'll be amazed. This was from an educator. He said, I never realized there was going to be this ancillary effect. I was surprised myself. I went on to talk to scientists, and one scientist -- there was one that was dealing in neurological effects such as Lou Gehrig's disease and Alzheimer's and strokes and muscular dystrophy, and the advances -- they figure muscular dystrophy is about three years away from unlocking the secrets to -- I didn't know muscular dystrophy was carried by women only. Men do not carry the gene for muscular dystrophy, only women. And you can't tell if the woman has the gene because it isn't in her family. She just has it. They're coming up with a test now that women who are -- right now it's way too expensive for any of us. But they hope within a year to have this test to be able to be affordable to find out if we women are the carrier of this particular gene. That was amazing. Went in to talk to this cancer scientist, and he was telling me that they have identified a gene -- and this is so neat. I didn't know there were 300 kinds of cancer. I don't know if any of you knew that, but I didn't know that. And he said, they've identified one gene, in a mouse. They can insert this gene into this particular mouse with this particular kind of cancer, and what happens is, these cancer cells get so angry that this cell has been inserted in there that they implode, and it just dies. They're on the brink of trying to test that now in human beings, and I would love to see that happen here. This -- another gene that they have found affects about 30 types of cancers. And what they can do is they can insert this gene, and it acts like a barrier, a wall, against food and nourishment for these Page 44 September 14, 2010 particular cancer cells, and because the nourishment can't get to the cancer cells, they die, and that affects about 30 cancers. And we're going to see that right around the corner. To me this is all exciting. The most exciting part is that it is going to employ many of us. When they begin -- say, for instance, today we had all of the money in the world and we could just give it to them and we say, okay, go ahead. And say, for instance, in January they start building. Well, all of these people that we've been talking about that are out of work in the construction business, we're going to have construction going on immediately, not only with Jackson Labs, but USF who's said that they're going to join in right away, and with Edison College, who wants to build the high school right away, and then we've got a couple other companies who have -- who are already onboard to become a part of this cluster. I estimate -- and I don't know this for sure -- but I estimate at least -- and I'm probably estimating low -- 800 people will begin to work immediately in January. That's people off the welfare rolls or off the unemployment lines, and I -- I think that that's wonderful. Yes, they're going to be bringing in some scientists from other areas. All those scientists need to buy a house. They need to -- they will be paying taxes. All of their insurance is covered. All of their health care is covered. Our low-income employees, we continue to pay for. We support in our county a lot oflow-income housing and a lot oflow-income people, and we pay all of their healthcare and we pay for their schooling and so forth. These people are going to pay for it on their own. And by the way, they're also very interested in the arts. As you well know, I am too. And they're -- from what I understood from the chamber people, they're very philanthropic. So I just wanted to give you a little synopsis of the things that I learned outside of Jackson Labs about the benefits that they reap there. Page 45 September 14,2010 And I would hate to see us turn our back on a year-round industry from here on in. It just -- it can be the answer to what we've been looking for all of these years. And my bet is, my bet is, if we say to the State of Florida we don't want any part of it, we can kiss any future industry goodbye anyway because they're never going to donate to this -- or, you know, encourage us with their dollars again. Thank you. CHAIRMAN COYLE: Thank you very much, Commissioner Fiala. That was very helpful. (Applause.) CHAIRMAN COYLE: Commissioner Coletta? MS. VASEY: Commissioner Coyle? COMMISSIONER COLETTA: Commissioner Fiala, you covered it quite well. There's -- a lot of people say, how can you support something like this with unemployment as high as it is, the devaluation of property, especially the area that I represent as much as 60 percent, plus. The fire department's ready to go in the red at any moment. They have no idea how they're going to cover their bill next year, blight that's taken place throughout the community, all sorts of issues that are out there. You look at this and they're trying to make an argument that bringing in something like this is going to contribute to it. I have the hardest time in this world trying to understand how you can support an argument opposed to this type of industry coming in with the fact that the economy is so bad and you shouldn't do it. If anything, it should be just the opposite. I can tell you that if this thing hits -- and this is a prediction -- you're going to see the property values throughout a good part of Golden Gate Estates stabilize in a very short period of time and start a line or a direction towards recovery. It's just going to be one of those things, supply, demand, and where you're located. Right now it's -- it doesn't have a lot going for it. This would Page 46 September 14, 2010 give it everything in the world. So if I tend to be more supportive than against it, it's for that very reason. I see this, if we could ever pull it together, if the vision could come true the way it is -- and we've still got a little work to do on it -- it would be a tremendous boom for District 5. So you need to understand where I'm coming from. A lot of people are taking a look at this from the wrong direction. We will in time. We're still in the process of discovery. I'm sure that staff, Commissioner Coyle, and a number of other people that are working on this are going to come up with a plan in the end that's going to be very understandable and very agreeable for everybody that's out there. But we haven't reached that point yet. MS. VASEY: Commissioner Coyle, might I answer your question to me earlier? I have a better answer as to whether I think this should be -- CHAIRMAN COYLE: You don't get a do-over. Go ahead. MS. VASEY: No do-overs, okay. 1 really think that the issue should be on -- a ballot question that I would recommend would be strictly Jackson and the money involved, brought up to date with all the latest information, everything you know about it, the amount of money that's actually going to be needed after others contribute if they do. The rates, everything -- whatever the latest information is, before you have to make a decision. At that 120-day mark, you have to make the decision. And just before that, you can lock in on everything you know and let us do it. My presentation is strictly on voting, but there are issues out there, pros, and obviously -- you've identified a lot of pros. There are a lot cons. But, you know, that's the -- that's the discussion that needs to be conducted in the public, and let the public decide. No more do-overs. CHAIRMAN COYLE: Okay. Thank you very much. (Applause.) Page 47 September 14, 2010 CHAIRMAN COYLE: Commissioner Henning has proposed that we place something on the ballot. 1 consider that to be a motion before the board. Is that right, Commissioner Henning? COMMISSIONER HENNING: That was the motion. CHAIRMAN COYLE: Okay. Is there a second? (No response.) CHAIRMAN COYLE: Okay. The motion dies for lack ofa second. UNIDENTIFIED SPEAKER: Shame on you. Shame on you. MR. OCHS: Break? CHAIRMAN COYLE: I'm sorry. Yeah. We need to take a break for the court reporter. Okay. Thank you. (A brief recess was had.) MR.OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. We're back in session, Commissioners. We have three commissioners. MR.OCHS: Yes, sir. We have four. CHAIRMAN COYLE: I think we have three. COMMISSIONER FIALA: I'm here. CHAIRMAN COYLE: We have four, all right. Item #6D PUBLIC PETITION BY MR. JASON LARSON OF CREATIVE HOMES XIV, LTD., REGARDING A SHIP LOAN EXTENSION - STAFF TO ASSIST PETITIONER WITH ALTERNATIVES AND BRING TO A FUTURE BCC MEETING - APPROVED MR. OCHS: You're on Item 6D, sir. CHAIRMAN COYLE: Okay. MR.OCHS: That's a public petition request by Mr. Jason Larson Page 48 September 14, 2010 of Creative Homes regarding a SHIP loan extension. Mr. Larson here? MR. LARSON: Yes. CHAIRMAN COYLE: Okay, Mr. Larson. MR. LARSON: Good morning. My name's Jason Larson. I'm representing the property owner, Creative Choice Homes 14. We own Tuscan Isle Apartments, which is located at 8650 Weir Lane, which is at the end of Radio Road. Weare 298 units of affordable housing at 60 percent of the area median income. We were constructed and CO'd in 2003 with tax exempt bonds and tax credits and also a loan from the county for SHIP dollars in the amount of $200,000. That loan is coming to maturity. We are asking for an extension on the maturity date of that loan for ten years due to current, you know, credit environments -- and actually I believe we're still on a prepayment lockout on the first mortgage. There's currently no sources of financing available to repay the county at this time. But in ten years we will be out of our loan prepayment lockout on the first. We could potentially refi the first to take out the second, which we would -- the county would have its funds repaid. And I'm here to answer any questions that you might have. CHAIRMAN COYLE: Okay. What's the staffs position concerning this? I read it in the executive summary, but I'd like to hear it in person. MR. RAMSEY: Yes, sir. For the record, Frank Ramsey, Housing Manager. Staff is -- has no objection to the request and has verified with the state grantor agency that it is -- complies with the regulations of the program. CHAIRMAN COYLE: Okay. Now, how many homes have you already built? MR. LARSON: They're rental apartments. There are 298. Page 49 September 14, 2010 CHAIRMAN COYLE: Okay. MR. LARSON: We've been operational for about seven years. CHAIRMAN COYLE: Okay. And you have 278 actually available? MR. LARSON: Yes, sir. We're 100 percent constructed, leased. We're about high eighties -- CHAIRMAN COYLE: Okay. MR. LARSON: -- which actually isn't too bad for that part of town. CHAIRMAN COYLE: Okay, all right. Very well. Commissioner Fiala, did you have something? COMMISSIONER FIALA: Yeah. He just said that part of town. What part of town? Where are you? MR. LARSON: It's at the end of Radio Road out by 75 kind of where Davis -- COMMISSIONER FIALA: Is that that Shadow Wood? MR. LARSON: It's called Tuscan Isle. It's behind -- it's in the Saddle brook. COMMISSIONER FIALA: Saddlebrook. MR. LARSON: Yeah. You know where that is. Weare -- COMMISSIONER FIALA: Yeah. We've been having a lot of problems over there with Saddlebrook, haven't we, as far as the other person in there or not paying or -- MR. LARSON: Well, there's two developments. So we are Tuscan Isle, and there actually is a Saddlebrook apartment complex in there, but that's not us. COMMISSIONER FIALA: I see. CHAIRMAN COYLE: Are you the good one? MR. LARSON: We like to think so, yes. CHAIRMAN COYLE: Okay. All right. Commissioner Fiala, do you have anything else? COMMISSIONER FIALA: No. Page 50 September 14, 2010 CHAIRMAN COYLE: Okay. Any questions by commissioners? Commissioner Henning, you have a question? COMMISSIONER HENNING: Yeah. I don't know if it's -- what happens to those funds when they're repaid? What are they used for? MR. RAMSEY: They go back into the local affordable housing trust fund for any other eligible use. COMMISSIONER HENNING: Okay. So you're asking for ten years. You know, if the board is considering doing an extension on this, I would like to see, you know, five years. They've had seven years now. That's a total of 12 years, and you're talking $200,000 on an apartment complex this size is -- understand the economy is what it is, but ten years, I think it's -- sounds a little bit too much. MR. RAMSEY: If I could, sir, just -- ifit makes anything -- the request for ten years is a logical amount of time to select. This project received tax financing, and also we've imposed on them a IS-year affordability period. So providing the final loan for the additional ten years would match up with that requirement, which I believe is the nature of the request. CHAIRMAN COYLE: Well, I'd like to clarify one thing with respect to that. It looks to me, from the dates of the loan initiation, that it has been seven years to this date. MR. RAMSEY: Correct. CHAIRMAN COYLE: Okay. So what are we -- what are we asking for, an increase to a total of 15 years, which only means an eight-year increase in term, or not? What is it we're really doing here? MR. RAMSEY: 1 will defer to the petitioner on that. MR. LARSON: Typically loans come up two years after the end of the affordability period, and that's just to allow for some, you know, refinancing under new terms; however, if eight were the choice of the commission, we wouldn't be opposed. Page 51 September 14, 2010 CHAIRMAN COYLE: So if we go from the original loan implementation date, or origination date, that would be 2003, if! remember correctly. MR. RAMSEY: Yes, yeah. November --I've got November 1, 2003. CHAIRMAN COYLE: Three. And you want to go for a total of 15 years, I think, which is typical in these circumstances; is that correct? MR. LARSON: Right. CHAIRMAN COYLE: So you're really looking for an extension of eight years. MR. LARSON: Right. Yeah, we'd requested ten, but we wouldn't be opposed to eight. CHAIRMAN COYLE: Okay, all right. And that would make the total period consistent with the IS-year policy. MR. RAMSEY: Yes, sir. CHAIRMAN COYLE: Right? Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Since this is on public petition, we can only -- we should be directing staff. I heard what Commissioner Henning said, and I tend to agree with him very much. I also, in reading the executive summary, I see where it was a special note on the part of the petitioner to remind us that we're in a secondary position as far as getting paid back against the bank. Economy being what it is, I can only surmise that the value of the property has declined substantially, and it's going to be a little bit of time before it has a chance to recover. And any effort on our part to try to force this into some sort of foreclosure action will probably mean the loss of funds, and the bank will be the only one that will be made whole. I think the best thing to do in this case is to have staff bring it Page 52 September 14,2010 back to us and outline a couple possible scenarios of events, one, to protect the public monies in a way that will be beneficial to us for the shortest amount of time as far as getting it paid back and, number two, to make sure we don't do anything to jeopardize this endeavor so that it goes belly up and that we're left holding a bunch of worthless paper. CHAIRMAN COYLE: Okay. I'll take that as a motion; is that okay? COMMISSIONER COLETTA: That's fine, sir. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I'll second it. CHAIRMAN COYLE: Seconded by Commissioner Halas. And Commissioner Fiala wants to speak. COMMISSIONER FIALA: Yes. Did you -- was that for eight years then, Commissioner Coletta? COMMISSIONER COLETTA: No, I didn't mention any time length. 1 want staff to bring it back with recommendations. COMMISSIONER FIALA: Okay. I had a couple questions. Did you say you're totally rented? MR. LARSON: Yes, ma'am. Well, we're about high eighties, low nineties. COMMISSIONER FIALA: Oh, okay. That's pretty good. I know that your ad valorem taxes have dropped as your property values have dropped, so that certainly has helped you as well. MR. LARSON: Right. COMMISSIONER FIALA: How many tax dollars actually went into building your property? MR. LARSON: Well, actually it's -- besides this loan from the county, it's 100 percent privately financed. But it's tax exempt bonds that come from the treasury that are sold to private investors, and then there's a federal tax credit which is sold to a private investor, and then those funds are combined with these county funds, and the development is built. Page 53 September 14,2010 COMMISSIONER FIALA: Because I know we do provide tax dollars to low-income housing. And lastly, how about the impact fee repayment? Was -- were the impact fees waived? MR. RAMSEY: On this particular project I'm not sure if they were deferred. I believe so. MR. LARSON: Yeah. There was a deferral. And we are paid -- I believe there was a 20 -- or maybe a $40,000 shortfall in the amount projected on the interest earned and the escrow and the actual amount that was earned. So we've -- upon our agreement with the county on that piece to pay over a certain period of time, maybe a year or so. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Can the county attorney give us a little guidance on this, or are we in the right ballpark here? I just want to make sure that we're protecting the assets of the money here that's on the line. MR. KLA TZKOW: It's a local decision. We've got confirmation from the state from that. We will be bringing it back on the executive summary. The executive summary will protect the county's interest. COMMISSIONER HALAS: Good. CHAIRMAN COYLE: Okay. Then the motion was made by Commissioner Coletta -- COMMISSIONER HALAS: I'll second it. CHAIRMAN COYLE: -- and to summarize it -- and seconded by Commissioner Halas. To summarize, it's to direct staff to bring back alternatives that are in the best interests of the taxpayers that will protect our investment and provide the petitioner the best chance of survival and continuing operation; is that a fair characterization? COMMISSIONER COLETTA: That's fair. COMMISSIONER FIALA: Just one fast question. Page 54 September 14,2010 CHAIRMAN COYLE: Yes, ma'am. COMMISSIONER FIALA: In the creative choice letter to us, they stated this was located at 8650 Weir Lane, but in the other section, also by Creative Choices, it says located at 8587 Harot (sic) Drive. Which one is it? MR. LARSON: I believe it's Weir Lane. That's the address of the clubhouse. There may be more than one addresses (sic). Originally we were called Heron Cove, however, there were so many Heron names, we changed to Tuscan Isle. So -- I mean, so there are a number of different addresses within the development, so -- COMMISSIONER FIALA: I see, okay. You might want to clear that up for us, too. CHAIRMAN COYLE: Okay. All right. 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 passes unanimously. MR. LARSON: Thank you. CHAIRMAN COYLE: Thank you. Item #6E PUBLIC PETITION BY MS. DENISE DENARD REGARDING WASTEWATER IMPACT FEES - MOTION TO BRING BACK TO A FUTURE BCC MEETING - APPROVED MR.OCHS: Commissioners, that takes you to Item 6E, which is Page 55 September 14, 2010 a public petition request by Ms. Denise Denard regarding wastewater impact fees. MS. DENARD: Good morning, or should I say-- CHAIRMAN COYLE: Good morning. MS. DENARD: It's still morning. CHAIRMAN COYLE: It's still morning. It just feels like it's evenmg. MS. DENARD: Right, okay. First off, I want to introduce myself. I am Denise Denard. I have been in Collier County for about 25 years now, and I've had a business -- a catering business prior to this business, which 1 had for 10 years. It was Cinderella Service. And I don't know, maybe some of you commissioners were at some of my events that I did. I sold my business in 2007. And it was a tough time -- excuse me -- it's a tough time to actually sell your business and to start a new business. But my husband and I did start a new business, which is now Fine and Dandy Service, also known as Nap King, and what that business is is a linen service. We provide restaurant linens to the restaurants, table clothes, napkins, bar towels, so on and so forth. We are a small business compared to a national company that does business here in Collier County and all over, so to speak. We started this business in 2007 actually on Davis Boulevard and then relocated to Enterprise Avenue beginning of2008. We've been in that -- in 2008 -- we've been at 4344 Enterprise Avenue the beginning of2008 until now. Weare trying to relocate our business because we want to grow and we want to reduce our rent, basically, okay. So back in April of this year, 2010, I went down to the county to inquire what -- the steps I needed to take to relocate our business. And I took the plans of the new business and the plans of the business that I'm currently in, and I showed them to Kristine Willoughby in zoning. And I said, what is required of me to relocate an Page 56 September 14,2010 already-existing business from point A to point B approximately 50 yards down the street. I told her what I was doing. At this time she told me what I needed to do was apply for a gas permit because we do need gas to run our equipment, and I also needed to apply for a plumbing permit. At this time, in April, 1 went ahead and applied for a gas permit, and that was denied April 30th because I needed to submit an insubstantial change showing what I was changing to the building, and basically that was putting propane tanks outside of the building, and that had to be noted on my application. I did not do this. So when I filled out this application, I once again asked, is there anything else that I need to do that I need to show in order for me to move our business, whether it's plumbing, gas, or what have you. Those are the only two issues that I was applying for to make this move. When I asked -- inquired about the plumbing, whether that had to show on the insubstantial change as well, I was told no. So I moved forward and put in the application for the gas permit and let that go through its systems, and at the same time I went ahead and got myself a contractor plumber and had him draw up drawings for the plumbing work that I was going to do. I went back down to the county and asked if there's anything that I need again for plumbing or if this would suffice. And I spoke to Dick Noonan. I actually even took the plumber with me and had him speak to Dick Noonan so that we made sure that we were in line so we knew what we were up against as far as fees, so on and so forth. Really -- approximately about three weeks later, our plumbing permit was denied. We're now in June. So -- and it was denied for several reasons, you know, not only for impact fees. There's some issues that we need to correct, but the main reason was impact fees. And it wasn't until then that we found out that we would incur approximately $29,000 worth of impact fees. Page 57 September 14, 2010 In order for us to get a plumbing permit, we would first have to pay $29,000 to move forward. And we just feel that that is quite unfair since I was not aware that I was going to be imposing (sic) these impact fees. I didn't impose them prior to starting this business. My business is already an existing business. And now I'm told that I have to pay $29,000. I knew that I would incur some expenses. We estimated about $10,000 in moving expenses, but now it's more like $30,000, or rather $40,000, if you count $29,000. So at this stage of the game -- let me just go further -- we don't quite understand why we are incurring these impact fees. We feel that the impact fees are based on the impact a business makes. We're already an existing business. We're moving our business 50 yards down a street. We're already incurring impact fees or have incurred impact fees at this stage of the game. It's a business, okay. So if I'm moving my impact from building A to building B, I'm not incurring additional impact fees. They're the same. 1 don't understand why I have to pay for them again. CHAIRMAN COYLE: Nor do I, Ms. Denard. I'm up here. MS. DENARD: Where? Oh, very good. CHAIRMAN COYLE: The speakers come out back there. MS. DENARD: Okay. I thought you were behind me. CHAIRMAN COYLE: Yeah. Nor do I. And I'd like to get an explanation as to why you're being assessed those impact fees. MR. WIDES: Commissioners, for the record, Tom Wides, Operations Director for Public Utilities. First off, when we speak of the impact fees, we're speaking to the property owner, okay, not to the tenant. Now, we don't have a relationship with the tenant or the property owner. Whoever comes in to pull that building permit is assessed the impact fee, but that impact fee cost runs with the land. So, in fact, the current location where the Denards are habitating Page 58 September 14, 2010 their business, that business, that area, will receive an impact fee credit, that owner, for the next business that comes in and replaces the Denards, which could be a bigger business or could be a smaller business. But that impact fee stays with the land. Likewise, the new owner or the owner of the business where the Denards are moving, will retain the benefit if they again move their business later on. They will retain the benefit of that impact fee. CHAIRMAN COYLE: The building where she's moving is a building that preexists. I mean, it's there, right? MR. WIDES: Yes, sir. CHAIRMAN COYLE: She didn't build a new building. MR. WIDES: That is correct. CHAIRMAN COYLE: That building is there. So at some point in time somebody paid an impact fee on that building. MR. WIDES: Yes, sir. CHAIRMAN COYLE: Okay. Now, are you charging her an incremental impact fee, or are you charging her an initial impact fee? MR. WIDES: This is an incremental impact fee. You're exactly right in what you said. When that building was built, a base amount of impact fees were charged, because at that point in time we nor the owners would have known exactly what kind of businesses would be going in. So we charged a base amount of impact fees. In this incremental or marginal amount of fees that we're discussing, we're giving a credit. Even in there, there's a credit for that initial fee that was paid. CHAIRMAN COYLE: So she's not -- on the street where she is now operating and where she will be operating at a new location, no additional water service usage is going to occur; is that not correct? MR. WIDES: Commissioner, I don't -- I don't know that. Someone will take the place of the Denards' business, I have to assume, and whoever takes that place will consume either more or less or a different amount of water. Page 59 September 14, 2010 CHAIRMAN COYLE: Okay. Well-- MR. WIDES: In this case, it's wastewater. CHAIRMAN COYLE: Well, you know, we encountered this with medical facilities, and I think we're going to have to deal with it again with other kinds of facilities, because I think it's ridiculous, particularly in these economic times. We simply cannot charge people these kinds of costs, when I don't see financial impact for the county. Who was next? COMMISSIONER FIALA: Commissioner Halas. CHAIRMAN COYLE: Commissioner Halas. COMMISSIONER HALAS: I think we have an understanding here. First of all, we have an ordinance in regards to impact fees, and I believe, because of the nature of this business, which is going to be a catering business -- MS. DENARD: No, excuse me. COMMISSIONER HALAS: Well, it's going to be food service, right? MS. DENARD: No. It's a linen service. COMMISSIONER HALAS: It's a linen service. MS. DENARD: Yeah. I had a catering business. COMMISSIONER HALAS: So you're going to use more water. MS. DENARD: No. Excuse me. I'm already an existing business, sir. I'm using the same amount of water today that I would COMMISSIONER HALAS: But the problem is, you didn't -- the property that you were at, okay, there was an impact there. That-- those impact fees go with the property there. They can't be transferred to another property, okay. So your requirements to use additional water, or whatever you're going to do here -- because this is the assessment that utilities looked at and looking at the type of business -- obviously, this is why there's Page 60 September 14, 2010 an additional impact fee. The building you're at right now, you made an agreement -- my understanding is, you made an agreement with the building owner that you would pay the impact fees, that the building owner actually should be paying this impact fee, but you decided to pay this, and that the requirements that were on that particular building do not cover the type of business that you're going to have in there. And I make -- 1 want to make sure that I understand clearly what's happening here, that you can't -- because of the location, that stays with that particular building, and you rented that building, and now you want to come to a new building, and you want to up the service whereby it's a requirement for additional water or additional sewage facilities. That's part of our ordinance in regards to impact fees. Am I correct or am I wrong here? MS. DENARD: May I interrupt? We are not -- we are still the same business. The agreement that we have with our landlord when we moved into 4344 Enterprise is that we were going to pay so much for rent and so much for water. That's it. We signed a lease. We pay our monthly rent. We operate our business. We want to grow our business. We want to move into a larger space so that we can grow our business, hopefully, you know, create some jobs in our community. And by doing so, we found a new location 50 yards down the street. At this point nothing has changed. We're just moving the location of the business. COMMISSIONER HALAS: Yeah, I know you are, but the impact fees stay with that property that you are -- that you are leaving and now coming to a new property. So the argument is probably not with the county, but it's with the landlord. The landlord's got to realize that somebody's got to pay impact fees additional on top of what has been put there. CHAIRMAN COYLE: Okay. Who was next, Commissioner Page 61 September 14, 2010 Fiala or Henning? COMMISSIONER FIALA: Yes, I guess I was. But I was just going to say the same thing you said already, so you can let that go. CHAIRMAN COYLE: All right, thank you. Commissioner Henning? COMMISSIONER HENNING: Am I correct that you're moving your business because you're expanding, growing your business? MS. DENARD: I want to grow my business, yes, in order to create more jobs and in order to create more money in my -- COMMISSIONER HENNING: You clean the linens? MS. DENARD: We clean, yes, linens, table cloths, napkins, for the restaurants. COMMISSIONER HENNING: So you're going to be using more water? MS. DENARD: Not at this stage of the game, but eventually, and actually in our application for the plumbing permit, we went ahead -- well, right now we have three washing machines, okay. We went ahead in our application for a permit for future use to potentially put another fourth washing machine, because we're hoping to grow our business. COMMISSIONER HENNING: Right. MS. DENARD: And we are -- the impact fees are based on four washing machines, whether that fourth washing machine is there or not. COMMISSIONER HENNING: Okay. Is the -- impact fees -- I'm getting confused. I thought it was per water meter size. No, you're talking about the use? MR. DeLONY: No. It's actually -- for the record, Jim DeLony, Public Utilities Administrator. It's based on the demand. In this particular case -- COMMISSIONER HENNING: Okay. For the use. MR. DeLONY: Yes, sir, in terms of her demand. She uses what Page 62 September 14, 2010 she uses. It's what her demand is scheduled to be. COMMISSIONER HENNING: Demand of use? MR. DeLONY: Yes, sir, yes, sir, demand for use. In this particular case, the calculation for the four washing machines -- and I think you have these numbers -- we calculated an impact of 8.6 equivalent residential credits or units, which are subscribed at about $3,400, $3,500 in ERC. COMMISSIONER HENNING: So if she would stay with three washers would that -- MR. DeLONY: It would actually be lower. COMMISSIONER HENNING: Okay. Well, it sounds like she doesn't need the fourth one. MR. DeLONY : We calculated it based on what she provided to us as her in-state, and that's how we calculate the impact fees. COMMISSIONER HENNING: But if she would revise her permit, her application, for three washers, her impact fees would stay the same or go down? MR. DeLONY: No. They'd go to whatever those three washers would have for a calculation. COMMISSIONER HENNING: Okay. MR. DeLONY: In this particular case, I believe there's a three-washer scenario -- I'm looking at these notes here -- of 6.4 ERCs. So each washer essentially carries a 1.2 allocation of ERCs, and that's how you calculate the amount to be paid, and that's how we came up with the number we have for that. Now, we did speak to her about an alternative impact fee calculation in case there was an opportunity where that could be reduced, and we have that provision in the ordinance to do that, and she's been informed of that opportunity to do it, and we offered to help her with that any way we could. COMMISSIONER HENNING: Okay. MS. DENARD: May I interject on that point? In order for me to Page 63 September 14, 2010 do that, I still first have to come up with the $29,000, okay, to -- COMMISSIONER HENNING: Right. MS. DENARD: -- get my plumbing permit, I then have to pay an additional $2,000, which is nonrefundable, I then have to prove five other businesses like mine that compare that would use that amount of water. There is no five other businesses like mine, unfortunately, in Collier County. The amount of -- the way I'm classified, the classification I fall under is for a hotel or restaurant. There is no classification for my kind of business. A hotel uses probably three times the amount of water that I would use at this stage of the game. So there is no little mom-and-pop laundry service out there that I can even fall under. So again, you know, in this economy, there's no business coming in after me to do the same thing, and their impact is paid for. If! was to move again, that means I would have to pay another $29,000? Every time I move I have to pay impact fees? I'm moving my impact. There's no new water systems on the street or sewer lines being laid because of me. CHAIRMAN COYLE: Okay. Can I suggest something? Either let's make a motion to bring this back and get all the facts -- we can't -- I don't know -- if we're going to have this back and forth all the time here -- COMMISSIONER FIALA: That sounds good. COMMISSIONER COLETTA: I do have something to add to this discussion. CHAIRMAN COYLE: Okay. We'll take Commissioner Coletta, and then -- COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: Okay with you? COMMISSIONER COLETTA: The reason being that there's so much discussion going on is because this commission really does care. Many of us have been involved with small business before ourselves. Page 64 September 14, 2010 I'm a landlord myself with a building, and I ran into a situation some years ago where I lost a tenant because of a $30,000 impact fee that they were unwilling to pay and I couldn't afford to pay and -- right off over the course of a five-year lease. Just a couple questions -- and I'm pretty sure we're going to end up -- I'm going to make a motion to bring it back because there's still a lot of things in play. Maybe there might be something -- 1 want to ask you one thing. The -- your landlord that you now have, is it going to be the same landlord you have? MS. DENARD: No. COMMISSIONER COLETTA: Well, I was going to say, if we did, maybe there could be some swap where that could follow you to that building. See, your landlord gets a tremendous benefit from this that's long-term. You might be in the building for five years. You may move to a bigger building. You may eventually buy a building. The landlord still has the benefit of this $29,000 impact fee that's going to stay with the building. It's going to increase the value of the property for another tenant similar to yourself or another water user that would be of similar size. So there's an issue with that. I'm going to make a motion to bring it back with all sorts of different objectives we might be able to look at, possibly something in the long-term where we can recognize the fact that this is a tenant rather than a landlord and that the use of the impact fee that's going to be there is going to be a temporary thing that would be billed over a -- every year for -- maybe written off against like 20 years, and that every year there would be something paid towards it. And then when she leaves, the building returns back to its original designation. Just a thought that I want to keep everybody's minds open as we go forward, trying to find a solution to help a small businessperson take the next step in life. Thank you for bringing it to us. CHAIRMAN COYLE: Okay. You didn't make your motion? COMMISSIONER COLETTA: I made that as a motion that we Page 65 September 14, 2010 bring it back. COMMISSIONER FIALA: And I'll second the motion if it includes the fact that -- when they come back to us, they should explore what type of business, being that they have no -- no type of business in their calculations right now for these impact fees. Possibly this should be adjusted because -- MR. DeLONY: And we would do that anyway, whether -- with or without that direction. COMMISSIONER FIALA: Okay. Thank you. MR. DeLONY: Yes, ma'am. You can understand, we want to make sure we get this exactly right. CHAIRMAN COYLE: Commissioner Halas has the last word. COMMISSIONER HALAS: Okay. And one thing we have to realize, that if somebody doesn't pay the impact fees or pay for the usage of this water, then someone else in the county is going to incur this charge. COMMISSIONER COLETTA: Right, exactly. COMMISSIONER HALAS: And water is not free anymore and water is not cheap. In fact, with the water allocations that we have, we have to dig deeper and we have to use brackish water. And so this isn't a penalty for business. This is because of the fact of the government stipulations telling us the type of water we've got to use and what it costs us in the county to bring new water plants online that can accommodate this. So somewheres along the line -- there's no such thing as a free lunch. Somebody along the way is going to pay. So we're trying to make sure that this is fair and equitable, because if the commercial portion property owners don't pay their fair share, then the end result is, the residential are going to have to pick up the slack. So it has to be fair for everyone. CHAIRMAN COYLE: Okay. So we're going to bring this back for discussion, and you'll come up with some alternatives. And I will Page 66 September 14,2010 share with you my last thought on this. This concept is absolutely unintelligible, okay. Nobody in business or a residential user understands this process at all. We don't even understand it. It is almost impossible for an individual business owner to forecast and anticipate what kind of bills they're going to get hit with when they want to make a simple move from one address to another address. And from my standpoint, it does not place any greater burden upon the government for that to happen. And for us to penalize them during a time of financial recession is really dumb. And I would like to see you take a look at how we do things here, because this isn't the only controversy we've got going with water and water distribution and charge rates and that sort of stuff. It is extremely complex. And bottom line, the very least we can do is when somebody comes in and says, what do I have to do if I'm going to move my business from here to there and how much is it going to cost me, there should be a comprehensive list of financial impacts for doing that. MR. DeLONY: And I agree. In this particular case, I believe that there are many other facts here, and we will get that in an executive summary back to you. I understand your direction clearly. When someone wants to do business in the county, we want to make it clear. I'm not sure we can make it simple, but we can make it simpler. CHAIRMAN COYLE: Yes. MR. DeLONY: Now, here's the deal. On this particular issue, this lady has -- came forward and she made certain representations. Staff at the community development -- I mean Growth Management Division gave her the best advice possible. When we got it over at our side, we did exactly what you'd expect us to do. So I would tell you clearly that we understand exactly what it is you expect us to do to help folks through a simpler process than what maybe is perceived to be fact. Page 67 September 14,2010 My view is, is that in the case of this particular application, this is a change in use of a building. That change in use requires a certain impact fee calculation to achieve that. Impact fee calculations and fees associated with that building stay with the building. The tenant does not own those impact fees -- COMMISSIONER HENNING: We're bringing this back. MR. DeLONY: -- or that capacity. That's owned by the owner. So it is -- that's what we do; that's how we do it. And I will take a hard look at that and have that in, as best I can, to meet your intent, sir. I just wanted to make sure I got it and make sure you know I've got it. CHAIRMAN COYLE: Yep, okay. COMMISSIONER FIALA: We have a motion on the floor and a second. CHAIRMAN COYLE: Yes, we do. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner Halas objecting. Item #10C RESCINDNG THE ADMINISTRATIVE STAY OF THE REQUIREMENTS FOR REDUCED PRESSURE BACKFLOW PREVENTERS ON FIRE SERVICE LINES, AND REQUIRING RETROACTIVE IMPLEMENTATION OF THE REQUIREMENT TO JUNE 8, 2010 - MOTION TO BRING BACK TO FUTURE Page 68 September 14,2010 BCC MEETING WITH STAFF DIRECTION - APPROVED MR. OCHS: Commissioners, that takes you to your 11 p.m. time certain a little bit late this morning. That is Item 10C on your agenda. CHAIRMAN COYLE: Okay. MR.OCHS: It's a recommendation to rescind the administrative stay of the requirements for reduced pressure backflow preventers on fire service lines and require retroactive implementation of the requirement to June 8, 2010, and Mr. Mattausch will present. MR. MATT AUSCH: Thank you. Good morning. For the record, Paul Mattausch, Water Department Director. I do have a presentation. And if 1 -- MR.OCHS: We've got to, Paul. MR. MATT AUSCH: Thank you very much. I would like to make a brief presentation, because we've not had the opportunity to place on record a few things that this is -- this is maybe a little bit of a backflow prevention education so that maybe I can make things a little simpler for you. If -- there's just really one singular purpose for requiring reduced pressure principle backflow preventers, and that's a mouthful. You'll hear them referred to as RPZ's, and RPZ stands for the reduced pressure zone. And I have a device here, and I'm going to show it to you so that you can understand what the device is like. That backflow preventer we require on all connections to the public drinking water supply system, including fire services. The sole purpose of that is to reduce the potential risk of contamination of our drinking water to protect public health. One of the reasons for this is -- and what we have found, we can't monitor or control anything that is happening beyond the service connection at the property line. So if a water pipe goes into the building, whether it is for domestic use or whether it is for fire service use, that water line goes onto the property, it's pressurized, it has water Page 69 September 14, 2010 in it, and somebody -- somebody takes a look at that water line and says, this is really handy to have water here. It's -- that's advancing. I'm not sure there was -- okay. The lack of control over what happens to that water line, we've found those fire service connections that are specifically supposed to be for fire service only. We have found those tied to non-potable water irrigation systems, reclaimed water, surface water systems. We've found them tied to potable water irrigation systems. We've found construction usage of fire-service-only water, and we've found domestic usage. And that -- we have examples available. I'm not going to go through those right now. If questions come up after I get done with the presentation, I'd be glad to answer them. The -- I really almost need to read these to you so that you understand. These are really definitions of what a cross-connection is. A cross-connection is any connection, any connection, between the public water supply system, the potable water, drinking water, and any other source of water, any other source of water that has potential to contaminate the potable water supply through a process known as backflow, therefore backflow preventers. That's why the devices are there. Backflow is a reversal of the flow of the water through a cross-connection. Any connection between two different water supplies that can pull -- has the potential to pull undesirable water into the potable water supply system. There are two types of backflows. Back pressure can be caused by the fire suppression system itself. In fact, a standpipe -- which is a common use in taller buildings. A standpipe pipe in a six-story building exerts about 26 pounds per square inch of back pressure on the water distribution system. An eight-story building provides about 35 pounds of -- pounds per square inch of pressure, back pressure onto the water supply system. Page 70 September 14, 2010 Low pressure can be caused by a water main break. We do occasionally have water main breaks. In fact, we run on an average of about one a week. And it can also be fire hydrant usage, can cause low pressure. When they're fighting a fire or when they're flow testing a fire hydrant, that can cause a low pressure condition in part of the water distribution system. Negative pressure can be caused by a fire pump on a fire suppression system itself. And in fact, when that fire pump kicks on, in the adjoining building there's a low pressure situation, and that can cause a back pressure or backflow into the system. And also, hooking up a fire truck to a pumper truck to a fire hydrant can actually draw negative pressure on the system because the pumper truck, you know, pumps a lot of water in a short period of time. There are two different devices that we're talking about. We're talking about a double-check device, and we're talking about a reduced pressure or RPZ device, and I just happen to have one of these with me. COMMISSIONER FIALA: Always carry one around in your back pocket? MR. MATTAUSCH: Always carry one around in my back pocket. This is a double-check assembly. There are two check valves in this assembly. When this -- this is -- and the flow of water is from the water main to the building. And these check valves keep water from flowing back towards the water main. Well, when these fail, when these check valves fail -- and they do fail. All mechanical devices sometime over the period of its lifetime fail. So when these fail -- and understand that they both have to fail at the same time -- what happens is water from the building, if there's back pressure or back siphonage or any of those conditions that I just described, the water from that system goes back directly into the Page 71 September 14, 2010 public water supply system, and that's not a condition that we want to have. So instead of this device -- you'll excuse me just one second -- this one's not quite as handy. It doesn't fit in my back pocket. This device also has two check valves just like the double-check device has; however, the construction is different in that it has a reduced pressure zone, RPZ, a reduced pressure zone here between the two check valves, and that zone -- if and when the two check valves fail, that zone doesn't allow water from the fire suppression system to go back into the public water supply system. Instead, it has, in the bottom of these -- you know, you've got to think about, this is a one-inch device. We're talking about six-inch devices or eight-inch devices. I couldn't carry one of those in here. CHAIRMAN COYLE: Why didn't you bring those in? MR. MATT AUSCH: Yeah. I couldn't carry them. But you see, here's an opening, here's a port. And when this device fails, it doesn't fail into the public water supply system. It fails to the atmosphere, okay. So it doesn't contaminate. There's no -- thank you, Mr. Ochs. There's no way for that water -- because it vents to atmosphere, there's no way for that water to get back into the drinking water supply system. So now that I've given you a short primer on backflow prevention here -- the American Waterworks Association and the National Fire Protection Association both recommend that an RPZ, a reduced pressure assembly, be used in high-hazard situations. That's those systems, fire systems, that things are added to, like antifreeze. Obviously we don't have to worry about antifreeze here. Foaming-- anti foaming agents, other chemical additi ves, and those other chemical additives include chemicals for corrosion control to keep the fire suppression system from rusting out and also biocides to prevent biological growth ofthe stagnant water that has sat there in the fire Page 72 September 14, 2010 suppression system with no flow through for a long period of time. So those chemicals can be added. But that's high hazard. A double-check backflow assembly, like the first one that I showed you, recommend to be used in low hazard situations or systems without additives. That's most of our systems; however, since we can't control what a private owner does on their side of that fire service -- and they may connect it to an irrigation system or use it for construction uses -- by the way, just a couple weeks ago we found a residential service being used. There was no backflow preventer on it, and the contractor was using it and had the end of a hose in a 55-gallon drum, and he was mixing -- using water to mix cement, mortar, and so we have no control over what is going on beyond the service connection. And so because of that, we really consider all service connections to be high-hazard connections and require a reduced pressure backflowassembly. However, different from your executive summary, we're going to __ we're going to ask this, and I want to make sure that I get this. We're not asking you for a vote today. We're asking you for a continuance of this item, because we are working with DSAC at your direction to address some issues. And there are a couple issues that have come up that we want -- we want you to allow us some additional time for some further discussion with DSAC and with the other stakeholders. So I'm going to ask you to allow us to take some additional time to -- to go and continue our work with DSAC on this issue. CHAIRMAN COYLE: Is that it? MR. MATTAUSCH: Yeah. CHAIRMAN COYLE: Okay. We have a bunch of speakers. Who was first? I'm going from left to right if I don't hear anything from you. COMMISSIONER HALAS: Commissioner Henning was first. Page 73 September 14,2010 CHAIRMAN COYLE: Okay. Commissioner Henning. COMMISSIONER HALAS: Then Commissioner Fiala. COMMISSIONER HENNING: Well, the direction from the Board of Commissioners was to get DSAC's input and bring that back to us. 1 haven't heard DSAC's input, number one, and we also asked to bring it back at this meeting. We didn't ask staff to bring this back. We directed staff to put it on the agenda to hear from DSAC. And I guess since we had a presentation -- and I hope we don't continue this -- but I don't want to miss it. I'm not -- hopefully we won't get another presentation of the same thing. You're saying you want to keep the RPZ, which you stated is a high hazard -- for high-hazard situations even though that -- we don't have that here. What other communities have these RPZs in the State of Florida? MR. MATT AUSCH: There are very few other communities that have required reduced pressure zone backflow preventers. COMMISSIONER HENNING: Can you name me the ones in the State of Florida that have RPZ requirements? MR. MATT AUSCH: No. We don't have that for you. We'll find out. COMMISSIONER HENNING: Okay. 1 have some other questions. MR. MATTAUSCH: Okay. COMMISSIONER HENNING: You're saying that we have dual lines going into a building, one a fire line and one for general purposes; is that true? MR. MATTAUSCH: In most instances, yes. We do have some combination systems, some combination connections, where it's both domestic and fire. But for most cases, yes, two separate lines. COMMISSIONER HENNING: And that's a requirement of the county, correct? MR. MATT AUSCH: There is an option that is included in the Page 74 September 14, 2010 ordinance to combine the two systems. COMMISSIONER HENNING: And use a double-check valve? MR. MATT AUSCH: No. That would be an RPZ because of the situation. That would be an RPZ. That would be a metered service connection, fully metered. COMMISSIONER HENNING: Right. MR. MATTAUSCH: An RPZ. COMMISSIONER HENNING: Right. MR. MATTAUSCH: Yes. COMMISSIONER HENNING: So why not just have a single line servicing for the fire protection and service? MR. MATT AUSCH: That -- sir, that is an option that is available through the ordinance, yes. COMMISSIONER HENNING: And to just do away with all fire systems, separate metered fire system? MR. MATT AUSCH: That is a -- that is a design decision that's usually -- that decision is made by the developer of the building. COMMISSIONER HENNING: What is the purpose of -- you say that if these dual backflow preventers fail, the water goes back into the system? What is the hazard of that? MR. MATT AUSCH: The water has -- the water has stood for long periods of time in an uncontrolled situation. Biological growth can happen in that water. The corrosion can take place in the fire system. That -- that is undesirable in the drinking water supply to introduce that potential risk. COMMISSIONER HENNING: You flush the system out, correct? Well, you don't, but the system gets flushed out. MR. MATT AUSCH: The chloramine residual -- chloramine is what we use for a disinfectant. The chloramine residual, typically we require a developer to show us what happens to the chloramine residual in 100 hours, and at that -- at the end of the 100 hours, we're required -- or they are required to show us that they retain 0.6 Page 75 September 14, 2010 milligrams per liter of the disinfectant residual in the water. That water stands in fire suppress systems much longer than 100 hours. And so the residual -- the disinfectant residual is gone and, therefore, there is no control by disinfection over what is happening in the fire suppression system when the water stands in that system for a period of time. COMMISSIONER HENNING: What about a house that's vacant for a long period of time? MR. MATT AUSCH: Same -- exactly the same thing. COMMISSIONER HENNING: But you only have a double-check valve on those systems. MR. MATTAUSCH: No. In fact, we have RPZs on those. MR. DeLONY: This is atypical. MR. MATTAUSCH: One stands in front of my house. Where in our -- in our Capital Improvement Program, we are -- COMMISSIONER HENNING: But you only have one -- you only have one -- well, let me say a commercial building. You have a vacant commercial building, you have one RPZ for the fire suppression system, and then you have the dual check? No. They're all -- MR. MATTAUSCH: No. Other way around. COMMISSIONER HENNING: Oh, the other way around. MR. MATT AUSCH: Under the old -- under the old ordinance, the original existing conditions, we required the double-check on the fire services. Weare now going to upgrade to the RPZ under the one that was passed two years ago. COMMISSIONER HENNING: And have a dual meter. You're going to be dual metering the use of -- MR. MATTAUSCH: No. We're not talking about metering right now. We're talking about backflow prevention. COMMISSIONER HENNING: Correct. Is there a meter on the fire suppression system? Page 76 September 14,2010 MR. MATTAUSCH: No, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Finished? Commissioner Halas? COMMISSIONER HALAS: No, it's Commissioner Fiala. CHAIRMAN COYLE: Commissioner Fiala. Okay. COMMISSIONER HALAS: Yeah. COMMISSIONER FIALA: Okay. Are all these RPZs aboveground and are the double-checks below the ground? MR. MATTAUSCH: Most of the double-checks in the commercial facilities and all of the RPZs are aboveground. Anything __ anything over 2 inches in size typically are installed aboveground whether -- if it's a doublecheck. RPZs are required to be installed aboveground because it has to vent to atmosphere. COMMISSIONER FIALA: Yeah, that's -- with that little hole there, I was just wondering if that was the case. MR. MATT AUSCH: Yes. Yes, ma'am. COMMISSIONER FIALA: Okay. Let's see. You had mentioned that there were many incidents, and you were saying in different cases. Can -- were there a lot of them, or were they at random? Can you -- can you tell me exactly how many in each one of those cases and over what period of time so I get a general idea of-- you know, sometimes, especially in this economy, we want to make sure that we're not -- we didn't get -- we don't get into the overkill mode, and sometimes we do that. So I just wanted to see what you were talking about. MR. MATT AUSCH: Well, let me just say that one cross-connection is one too many because of the potential risk to public health, and once there is a cross-connection and if it backflows, we have no control over what goes on in the water distribution system, so we're trying to eliminate all of them. That's why in 1997, the Board of County Commissioners passed a program, a cross-connection Page 77 September 14, 2010 control program, to go forward to make sure that we had cross-connection control prevention on all services in Collier County. And we have -- we have determined on a -- on a hazard basis, risk-management basis, that RPZs need to go on all services. COMMISSIONER FIALA: Okay. But in this economy right now, Paul, have we had a serious problem with this? MR. MATT AUSCH: No, and that's exactly the way that I need to keep it. I've not had. However, if I have -- if I have just one, one, water -- drinking-water-supply related illness, anything that's linked to the public water supply system, then the confidence of everybody that has drinking water in their home has been -- has been ruined. COMMISSIONER FIALA: I understand that. MR. MATT AUSCH: And so -- COMMISSIONER FIALA: And, you know -- and that's very dramatic. But if right now we're not having a problem, is it something that maybe we should start thinking about in a little bit more of the future? Do double-check valves always fail at the same time? You had said, you know, one -- MR. MATTAUSCH: No, ma'am, they don't. COMMISSIONER FIALA: They don't. So one could fail, but then the other one might not? MR. MATT AUSCH: Yes, ma'am. COMMISSIONER FIALA: Okay. On the double-check, which is standard right now, right? MR. MATT AUSCH: Yes, that's exactly right. COMMISSIONER FIALA: So that's where the double-check comes in, okay. I -- do you have a risk analysis on this? MR. MATT AUSCH: That is very difficult to do, because we don't know -- we don't know if there are any occurrences of illness related to public water supply or to cross-connections. That's not something that we have the ability to find out. Page 78 September 14, 2010 Some of the -- some of the cross-connections that were found, Sam's Club, the Mercato, Pebble Creek, Sand point, Crescent, there are a number of places that we've found cross-connections on fire protection systems that are supposed to be for fire protection only. COMMISSIONER FIALA: Okay. That's my questions for now. Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: First of all, I insisted that the county manager let staff make this presentation. This has come before us, this is the third time, I believe, and both times before staff was not allowed to make a presentation, and I felt that we needed to get the whole picture on the board. But I can tell you, Fellow Commissioners, that there were some instances of -- the importance of this is that there were a couple of instances where private homeowners that lived in gated communities whereby the association, homeowners' association, had asked a previous homeowner if they could tap into the water system to irrigate their common areas. And I think you recall where one individual had bought a home and couldn't understand why there was such a high water bill. And after -- upon staff going out and investigating, they found out that they had tapped into the water source, and there was no RPZ that was attached to that system and so, therefore, the potential is there for -- where the water would be then brought back into the water system that feeds the rest of the county. As you'd probably know that -- every tap that you have on the outside of your home has a breaker valve which is basically an RPZ so that you shut it off, it automatically lets that water flow out and takes __ relieves the pressure so it can't go back into the system. The thing here is that, even in commercial buildings, I've -- we've found that people were tapping into the fire lines and using that supply of water for either irrigation or, as it was brought out, for commercial Page 79 September 14, 2010 use such as construction with the intent of not paying for that water in a sense. And I think this is one of the problems that we want to make sure that we don't have a contamination of the water system. I know there's been people that lobbied me and says, well, where's the body count? I guess it's like taking an airline trip and finding out that you have a crack in the fuselage and you're saying, well, I think we can get ten more flights out of it and we may not have a failure. Maybe you don't get the ten flights. Maybe you get 100 flights out of it. But the end result is, ifthere's something that is potentially harmful for the citizens in this county, I think that we have an obligation to make sure that we take care of the health, safety, and welfare. So I think that these RPZs are -- or RPZs are needed to make sure that there isn't any contamination of the water systems throughout the county, especially if it's under our control. And that's all I have to say on the subject. CHAIRMAN COYLE: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Yes, thank you, sir. I've been listening very patiently to everybody as we went back and forth, and a couple of things that come to mind is, we directed staff to meet with the DSAC to be able to come up with some determination as to what they want. We've got their determination here and it says, it has not been demonstrated the potential health and safety risk is imminent, and it has not been demonstrated that installing the RPZ in lieu of a double detector check assembly is warranted since no empirical data was submitted to substantiate the requirements. You know, we asked staff this very question over and over again several different ways, and we never came up with a definitive answer. One, they haven't demonstrated a -- I'm sorry, Jim, you haven't. I kept listening to your replies and everything. And I'm not Page 80 September 14,2010 saying that there isn't a danger, but I mean, how sterile can we make this world, at what cost, before we get to the point of no return? We're talking about an enormous cost to retrofit some of these things. Yeah, the check valve might only cost $700, but if you have to retrofit the rest of the building to make it work, you're talking about quite an expense at a time, for something, that really isn't justified. What I'd like to hear at this time is from the speakers. Do we have any speakers? CHAIRMAN COYLE: Yes, we've got some. COMMISSIONER COLETTA: Let's hear from them and then make a decision. CHAIRMAN COYLE: How many? MR. DeLONY: Sir, did you have a -- is there a question there I need to ask (sic) for you -- answer for you? COMMISSIONER COLETTA: No. I'm not asking any questions. I'm making a statement and an observation. MR. DeLONY: All right, sir. CHAIRMAN COYLE: We have four speakers. But I want to make a statement concerning this myself. You can't do something just because you want to do it, okay. Just because you think it's the right thing to do, you just can't do it that way. And to keep coming back to us with that same kind of justification undermines the credibility of your argument. So what I want to make sure of -- happens is, you give us a cost benefit analysis of this thing. These things are expensive, particularly when you get into 7-inch lines. And without the data to demonstrate the risk and the cost that we're going to put people through in -- under these economic circumstances, I don't think you're going to get majority board approval, and I think you know that, too. So either we start getting some specific information about cost benefits of making this decision along with a good rational argument about why now is the time it has to be done, then I don't think you're Page 81 September 14, 2010 going to get anywhere with this. So with that, let's call the public speakers, and we'll see what they have to say. MR. MITCHELL: The first speaker is Bill Varian. MR. VARIAN: Good morning. Thank you, Commissioners. For the record, I'm Bill Varian. I'm the chairman ofDSAC. At your July 27th meeting, you had directed DSAC to put the subcommittee together to discuss the issue at hand. We did put a committee together. It included at least two members from DSAC, we had members from the CBIA, we had East Naples Fire District, we had the Fire Code Officials Office, we also had industry-specific fire sprinkler designers as well as site designers involved with fire lines. So we had a pretty diverse group that met. We met three times is all we could fit in before the DSAC meeting before this meeting. So in total we had about six hours of discussion on this issue. We asked questions and requested information from utilities staff, who attended the meeting, but never received any pertinent information to support the need for RPZs. We also asked for information from utilities on whether any double-check systems have failed and caused health and safety issues, and not one example was given to us. For the record -- and I believe Paul also mentioned this -- NFP A does require inspections and I believe testing of these double-checks and RPZs on a -- I think a yearly basis, and those tests are done by a fire sprinkler company or whatever. Paul or utilities wouldn't get a report that says, hey, one failed, but they would get a report that said that everything was okay. And it's the fire departments that follow up on that. So the double-checks are inspected that are installed. So with that basic information, the committee came to the conclusion that the system connections that already exist and for future development will actually penalize property owners who make Page 82 September 14,2010 their -- who, by code, make their buildings more safer. You'll see in the letter -- I think you've all referenced that -- that there were three recommendations for your consideration from DSAC. One, that it was not demonstrated that the potential health and safety risk was immediate or imminent. Two, that it was not demonstrated that installing an RPZ in lieu of a double-check assembly is warranted since no empirical data was submitted to substantiate the requirement. So DSAC asks that a permanent stay of this section of the ordinance is put in place and that the subcommittee is given more time to discuss the issue of inline meters and the appropriateness of charges for fire lines. Also, as part of this, we would ask the consideration given to fund a staff person from a source other than 113 dollars; 113 being the Building Department permit fees. So we'd like you to give that. Also want to clarify something. As you know, DSAC is a IS-member committee that's appointed by you guys, the BCC, to provide technical and industry-specific experiences on a variety of items. There are -- out of the 15 members, three of them are civil engineers or in that discipline. Others include general contractors like myself. We have attorneys. We have land developers. So we have, you know, a wide variety of people. But when you look at that, there's probably only two or three members of DSAC that really know intimately how an RPZ and a double-check will work. Do I have a couple more seconds? Okay. CHAIRMAN COYLE: Two seconds. MR. VARIAN: Anyways. Again, there's only two or three members that would really fully understand the utilities ordinance and how it really works. It is very detail oriented, so keep that in mind. So back in 2006 when it was decided that this subcommittee would be disbanded, it wasn't because DSAC didn't care about the issue. It was that the people that would be best interested in it didn't Page 83 September 14, 2010 have the time to give back. I mean, we are all volunteers, and we're stretched pretty thin, especially in 2006, so -- CHAIRMAN COYLE: Okay. Thank you very much. He's got a question for you. Commissioner Halas? COMMISSIONER HALAS: Hi, Bill. MR. VARIAN: Yes. COMMISSIONER HALAS: Thanks again for being here today. As you and I discussed, I'd like to get a breakdown of -- from the engineers and maybe from the fire quadrant of exactly what we're talking about, because one of the discussions in one of the previous meetings was how much we were losing in pressure because of these items that we want to insert into the line. MR. V ARlAN: That's correct. COMMISSIONER HALAS: And I think it's very important that we have a full understanding exactly if the -- what the pressure losses are and how that equates to the cost of putting this into -- the apparatuses into the line. Okay? MR. VARIAN: There is another member of DSAC who does have some of that information for you, and I believe he's listed as a speaker for you guys. COMMISSIONER HALAS: Okay. Thank you very much. MR. V ARlAN: Okay, thanks. MR. MITCHELL: Sir, the next speaker is Dave Dunnavant, and I think he's deferred his time to David Hurst. MR. HURST: For the record, David Hurst from WilsonMiller, Stanteck, part ofDSAC. Actually, I do have some information for you, Commissioner Halas, if I could run over there real quick and put it on the projector. CHAIRMAN COYLE: Why don't you just make the presentation from over there, and you can manage everything. MR. HURST: Okay. MR. DeLONY: Give it to me, Dave. Page 84 September 14,2010 COMMISSIONER COLETTA: Just a little closer to the mike, please. MR. HURST: Sure. CHAIRMAN COYLE: Or louder. MR. HURST: Yes, sir. Is the better? CHAIRMAN COYLE: That's better. MR. HURST: Okay. And I apologize. I threw this together real quick right before the meeting. What this represents is kind of an order of magnitude calculation of where we are specific to commercial buildings, dedicated fire lines only. Residential systems are required to have RPZ connections per DEP. Nobody's arguing that. So what we're talking about specifically are commercial connections dedicated fire line. The question was raised whether we had the choice or whether there was a choice to do a compound system versus a dedicated fire line system, and we do have a choice during the design process, and that's typically analyzed based on, you know, a cost analysis, which one's more cost effective, compound versus private, dedicated fire line. What this represents is a dedicated fire line for -- pick a project. I used the same information, the only difference being, one uses a dedicated -- or a double-detector check assembly. The other uses the RPZ. So the delta being -- and I'm going to walk up there real quick and point it out. The delta being the pressure drop across the backflow preventers. And let me point that out; 8 PSI versus 14 PSI. MR. DeLONY: Hey, Dave. Test, one, 2 two. MR. HURST: Thank you. Okay. Again, thank you. This is an order-of-magnitude number. They may vary depending on the flow through the backflow preventer and the actual model of the backflow pre venter, but this is kind of an order of magnitude of the pressure differential, a negative 8 PSI drop across the backflow preventer versus a 14 PSI drop. Page 85 September 14, 2010 Now, what that means is when it translates to the actual building, as you go through the water main, at the very far end here you can see the minimum required delivery pressure is 20 PSI. That's what we're required to deliver to the building. With the double-detector check assembly, based on this calculation, you would end up with 27 PSI available. With the RPZ, you would end up with 21.06, which, you know, equates to a loss of 6 PSI, which is the difference between these two. What -- I'm sorry. What that means is -- can we go to the second one. I'm sorry. I'm back here. Is this working? MR.OCHS: No, turn it on. MR. DeLONY: You've got to turn it on. MR. HURST: Okay. One PSI equals roughly 2.31 feet of head or elevation. So when we talk about 6 PSI difference, what that equates to is roughly 14 feet of building elevation. So the order-- what that translates to in terms of the cost to the building would be that -- where you normally wouldn't have to put in a fire pump until the third floor. In this case you might have to put it in at the second floor. So that means that your typical building construction here might require a fire pump in this -- in the proposed scenario where it normally wouldn't. And, you know, the order of magnitude, the cost, I mean, they're __ it's going to vary, but we estimated, depending on what needed to be done in terms of the water main upsizing versus the fire pump, anywhere from 15- to $45,000, just a ballpark. Okay. So backing up. You know -- and I agree with what Paul said about backflow prevention is required. It's necessary, it's important. What we need to evaluate, and I think some of the commissioners hit on this, is whether or not there's been a cost-benefit analysis done, what that benefit is versus the cost, and what the immediate danger is. Page 86 September 14,2010 And what we're dealing with at this point is a situation where, if we implement this code requirement right now, it's not going to improve the system one bit from this day forward -- or from -- as it stands right now, and it will only improve the system very minimally moving forward because it's -- it hits a very small portion of projects within Collier County. So what we're talking about is a minimal improvement to the overall integrity of the water supply system but a significant cost to an individual project. So I think that needs to be considered as we move forward. And that's essentially it. CHAIRMAN COYLE: Okay. Thank you very much. Question by Commissioner Halas. COMMISSIONER HALAS: So you're telling me that -- I think the county right now provides about 40 PSI. MR. HURST: Yes, sir. That's the requirement. COMMISSIONER HALAS: Okay. Which is -- pardon? MR. HURST: That's the requirement. COMMISSIONER HALAS: Well, the state requirement is 20 PSI. MR. HURST: What we're required to model for fire flow would be 40 PSI, per the ordinance. COMMISSIONER HALAS: What happens if the county decides that the system is capable of handling 50 PSI? MR. HURST: From a site design standpoint, that's beneficial. COMMISSIONER HALAS: Okay. MR. HURST: And there are mitigations that we have talked with utilities staff about and, you know, that's -- I think that might be the direction that they were heading with the request for an extension. COMMISSIONER HALAS: And -- because the most important thing is still making sure that we take care of health, safety, and welfare of the rest of the citizens, how it affects the water system throughout the whole county. Page 87 September 14,2010 MR. HURST: Sure. And I, myself, I'm a professional engineer; health, safety and welfare is the code that we abide by. COMMISSIONER HALAS: So if we could work together and come up with a situation whereby, if we think that we have the adequate infrastructure to give you 50 PSI, then I think it might be able to work then. MR. HURST: Yes, from a site design. There is a fire component which needs to be discussed separately, and I -- you know, again, I think public utilities is willing to do that. COMMISSIONER HALAS: Okay. MR. HURST: But I think it can -- yes, sir, it can be worked around. COMMISSIONER HALAS: Okay. Thank you. Appreciate it. MR. MITCHELL: The next speaker is Rebecca Acx. MS. ACX: Everything that I had was said. I'm fine. CHAIRMAN COYLE: She's waiving. MR. MITCHELL: She's waiving. Sir, this is at your discretion, but David Aldridge representing the CBIA, he asked to speak -- CHAIRMAN COYLE: He's waiving. MR. MITCHELL: He's waived, so that's the end of the speakers. CHAIRMAN COYLE: Okay. Commissioners? What's your pleasure? COMMISSIONER HALAS: Well, I think that -- oh, sorry. CHAIRMAN COYLE: Go ahead. COMMISSIONER HALAS: I think we ought to set this up so that our staff and the people on DSAC, along with the fire, can see if they can work out their differences, and hopefully we can come up with a good compromise that fits the -- fits all aspects of what needs to be done here, and also it's a cost benefit and also a health, safety, and welfare benefit for the people here in the county. CHAIRMAN COYLE: Okay. And I would agree, but I'm getting tired of having this come back, okay? One more time, and Page 88 September 14, 2010 that's going to be it. COMMISSIONER HENNING: No, that's going to be twice. CHAIRMAN COYLE: I want to -- well, yeah, it probably will be by the time we make a decision on it. But Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. Did DSAC suggest that we continue the stay and then continue to discuss, or did DSAC agree that we should vote on it at this meeting? I got the impression from their letter that they were inclined to say it's okay to continue it, but make sure that you continue the stay as well. MR. VARIAN: That is correct. Yeah, we want to continue the stay -- COMMISSIONER FIALA: Right. MR. VARIAN: -- and then we would like some more time to discuss with utilities, yes. COMMISSIONER FIALA: Okay. MR. DeLONY: And that was the staff recommendations that we made in our presentation today, ma'am. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: And Commissioner Henning? COMMISSIONER HENNING: Going to have to change the ordinance requiring to do away with the RPZs, so you're going to get it twice. All right? MR. DeLONY: I would -- yes, sir. We'll have to get direction at the next -- the next time we bring it, and then we'd bring the ordinance back based on that direction. You're exactly correct, sir. CHAIRMAN COYLE: We would not need-- COMMISSIONER HENNING: Well, I know I'm correct. MR. DeLONY : Yes, sir. COMMISSIONER HENNING: I didn't need you to tell me that. MR. DeLONY: Thank you, thank you. Page 89 September 14,2010 COMMISSIONER HENNING: I was just telling Commissioner Coyle that. MR. DeLONY : Yes, sir. Yes, sir. CHAIRMAN COYLE: Well, I know you're correct, too, but we don't need to go through this for the second meeting. We need to go through this to make a decision to change the ordinance, and the ordinance can come back on the consent agenda. COMMISSIONER HENNING: Well, fair enough. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Fair enough. But another issue is the charges they are charging for the fire lines, and that has to be looked at and provide the empirical data for those charges. Those are, you know, another -- another issue that needs to be looked at. So I would like -- if staff is wanting to continue this, conditions that they will bring back two things; the issue about the check valves and the issue about what is being charged for a fire line. Also, I think Mr. Varian brought up a very good point is, this is coming out of the building fund, and it really should be coming out of the utility fund. Two different enterprises to take a look at that. That would be the direction that I would like to see the board do. And if you'd like that in a motion, I'll do that. COMMISSIONER COLETTA: We've already got one motion. CHAIRMAN COYLE: Yeah, I thought we already have one, but COMMISSIONER HENNING: What was -- who has a motion? CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Let's get back to ground zero. You're in agreement that this can come back, that we're supposed to look at it again; is that correct? MR. VARIAN: As a committee, DSAC did, in our letter to you, ask for it to come back, more time to discuss the issue, yes, as a committee. Page 90 September 14,2010 COMMISSIONER COLETTA: Okay. And that's what your recommendations were? MR. DeLONY : Yes, sir. COMMISSIONER COLETTA: Boy, it took a long time to get here, didn't we? CHAIRMAN COYLE: And -- well, I still don't feel that we've got a good idea about what you should be doing. But when we talk about a cost-benefit analysis, that means all costs, okay, not just a couple of costs. It means all costs. It means the cost of the fire pumps that we're going to have to put it in if, in fact, we do incur a reduction in pressure at the building. It includes the cost of the valves. It includes all of the things that might be associated with this kind of change. COMMISSIONER FIALA: What about risk analysis? CHAIRMAN COYLE: Well, that's what I was just getting ready to say. And then you've got to compare that with the potential risk of contamination, and you've also got to justify why you need to do it right now, okay. So that's something that we should have already had, and to keep bringing it back and saying the same thing is just very frustrating. So let's -- if that was the intent of your motion, Commissioner Henning, then I will second it. But is that -- was that your intent? Okay? COMMISSIONER HENNING: I thought you were saying there was already a motion on there. I was trying to figure out whose motion. CHAIRMAN COYLE: Well, I thought Commissioner Coletta had made one earlier. COMMISSIONER COLETTA: And I didn't. COMMISSIONER HENNING: No. That's a part of my motion, but also, again, I think Mr. Varian is correct that this should not be on the backs of 313. It should be on the backs of the Water and Sewer Page 91 September 14, 2010 Department to provide the oversight and the feedback from members of the public that brought this to our attention. CHAIRMAN COYLE: I don't even know what that means, but COMMISSIONER HENNING: You don't know what that means? CHAIRMAN COYLE: I don't know what that means. What do you mean it ought to be on the backs -- MR.OCHS: It means -- excuse me, sir. That means that we're not going to charge the staff time against the Fund 1- -- or 31- -- or excuse me, 113, which is funded by your building community, that it would -- instead the staff time would be assessed against your Public Utilities Division, and I think that's appropriate under the circumstances. CHAIRMAN COYLE: Okay. Well-- Commissioner Coletta. COMMISSIONER COLETTA: Yeah. Just the point that I'm -- concerned about. Suppose the -- we have someone that's off the county utilities system, either in private utility or they're on wells? How would that figure in? Would the utility still pick up the cost of this? COMMISSIONER HENNING: It's not a factor. MR. OCHS: You don't regulate those. MR. DeLONY: Yes, we do. This is a county-wide ordinance, and the prescriptions associated with this ordinance are not just unique to the water/sewer district, but they're unique -- they are countywide in terms of their prescription. So there is a consistent development requirement in terms of conditions to be built in Collier County. COMMISSIONER COLETTA: Yeah, but we charge the ratepayers of the county utility service for something that's outside of their jurisdiction? MR. DeLONY : Well, I didn't -- no, sir. In this case we provide staff to provide information. But this ordinance is countywide. It's not Page 92 September 14,2010 just for the water/sewer district. CHAIRMAN COYLE: Let's clarify that. MR. DeLONY: Yes, sir. CHAIRMAN COYLE: If you have a commercial building that is using well water, these -- this ordinance would still apply. MR. DeLONY: No, sir, because -- CHAIRMAN COYLE: It would not? MR. DeLONY: -- there would be no interconnection to a potable water system, a distributed system. CHAIRMAN COYLE: Okay. So it does not apply to anyone who is not connected to a countywide or county water/sewer district. MR. DeLONY: A potable -- a distributed system. CHAIRMAN COYLE: Yes, okay. MR. DeLONY: A distributed system, yes, sir. CHAIRMAN COYLE: And it could be -- it could be ours or it could be Lee County's? MR. DeLONY: Right. It would -- I'm sorry? CHAIRMAN COYLE: It could be -- it could be any other utility that is operating in Collier County? MR. DeLONY: Yes, in the unincorporated county. CHAIRMAN COYLE: Yes. MR. DeLONY: Yes, sir. CHAIRMAN COYLE: Okay. MR. DeLONY: These are development standards, just like any other development standards, wherever you built within the unincorporated area. CHAIRMAN COYLE: Yes. MR. DeLONY: It's the same deal. And so there's development service's fees, you know, in theory, to take for that. But I don't understand the comment about 113, whatever. The staff from public utilities that had participated in this have all been paid out of the public utilities enterprise funds. Page 93 September 14,2010 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: It's -- DSAC has somebody that takes minutes. MR. DeLONY : Yes, sir. COMMISSIONER HENNING: And that comes out of-- MR. DeLONY: Yes, sir. COMMISSIONER HENNING: -- Fund 113. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: That's the issue. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah. What about water systems where a new community comes up and they handle their own water before they turn it over to the county? MR. DeLONY: Property utility. COMMISSIONER FIALA: Right. Does this apply to them? MR. DeLONY: Yes, sir -- yes, ma'am. Like, for example, these standards would apply to any utility that operates for the unincorporated county -- part of the county. COMMISSIONER FIALA: Oh, whether -- okay. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Any utility? MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Thank you. MR. DeLONY: And that's -- you know, it's just like, you know, all the other building codes that are in -- they apply to structures or operations or facilities in the unincorporated county. COMMISSIONER FIALA: All right, thank you. MR. DeLONY: Yeah, it's countywide. It's not just -- you know, we're the largest, obviously. You know, we serve the largest network of customers, but there are other smaller ones as well. COMMISSIONER FIALA: But countywide doesn't apply to the cities? Page 94 September 14, 2010 MR. DeLONY: No, ma'am. COMMISSIONER FIALA: Even though it's countywide, it isn't MR. DeLONY: No, ma'am. They have their own -- COMMISSIONER FIALA: Just in -- on unincorporated? MR. DeLONY: -- development. Yes, ma'am. They have their own development codes. CHAIRMAN COYLE: So I'm going to die from contaminated water. COMMISSIONER FIALA: Well-- and I'm on city water, too. CHAIRMAN COYLE: That's probably their intent anyway. MR. DeLONY: Sir, was that a question? CHAIRMAN COYLE: No, it was not. We have a motion. All in favor of the motion, please signify by saymg 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 is done. We are breaking for lunch. MR. OCHS: One p.m. time certain, sir. CHAIRMAN COYLE: All right. We'll be back here at one p.m. COMMISSIONER HALAS: 1 :07. CHAIRMAN COYLE: Or 1 :07 time certain, okay. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session now. Page 95 September 14,2010 That brings us to our time certain. MR. OCHS: Yes, sir. Item # lOB AMENDING COLLIER COUNTY ORDINANCE NO. 92-60, AS AMENDED (TOURIST DEVELOPMENT TAX) AND ADVERTISE THE AMENDING ORDINANCE AT A FUTURE PUBLIC HEARING TO REALLOCATE ON A ONE TIME BASIS $1,000,000 FROM TDC CATEGORY A BEACH PARK FACILITIES FUND 183 TO TOURISM PROMOTION FUND 184 FOR TOURISM DESTINATION MARKETING AND ALL NECESSARY BUDGET AMENDMENTS - APPROVED CHAIRMAN COYLE: So -- and that is Item lOB. So we'll go to lOB. MR. OCHS: Yes, sir. For the audience, that's a recommendation that the Board of County Commissioners direct the county manager or his designee to amend Collier County Ordinance 92-60 as amended, the tourist development tax, and advertise the amending ordinance at a future public hearing to reallocate on a one-time basis $1 million from TDC Category A beach park facilities, Fund 183 to tourism promotion, Fund 184 for tourism destination marketing, and authorize all necessary budget amendments. Mr. Jack Wert will present. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: They don't want to listen to you, Jack. MR. WERT: I guess not. CHAIRMAN COYLE: You know why? The reason is that you've done a good job of vetting it. MR. WERT: Thank you, sir. Page 96 September 14,2010 CHAIRMAN COYLE: You've vetted it with all the organizations that had a stake in this, and I don't know of a single one of them that objected. MR. WERT: No, sir, that's correct. CHAIRMAN COYLE: Okay. So everybody thinks this is the right thing to do under the circumstances. MR. WERT: Thank you. CHAIRMAN COYLE: And I've -- COMMISSIONER FIALA: That's true, that's true. CHAIRMAN COYLE: Commissioners, ifany of you have any questions, we -- MR. MITCHELL: Sir, you have a public speaker. CHAIRMAN COYLE: Who is the public speaker? MR. HILL: I'll waive that. MR. MITCHELL: Oh, he's waiving. CHAIRMAN COYLE: Okay. Now we can change our mind. Commissioner Halas? COMMISSIONER HALAS: Yeah. Maybe staff can just enlight me a little bit. With that million dollars transferred, is this going to have any effect on some of the projects that have been slated, such as down there at Tigertail Beach, things of this nature? MR.OCHS: Commissioner, the projects for improvements in your beach access points are still funded. This was reserve funding in 183. COMMISSIONER HALAS: Okay. MR. OCHS: Not specifically allocated for any project at this point in time. COMMISSIONER HALAS: Okay. And we're building up the beach renourishment fund in case of emergency. MR. OCHS: Yes, sir, in accordance with your ordinance, yes. COMMISSIONER HALAS: Okay. So this complies with everything, except just the change in the ordinance in regards to the Page 97 September 14, 2010 million dollars; is that correct? MR. OCHS : Yes. In order to move that, we need to make a minor amendment to your ordinance. COMMISSIONER HALAS: Okay. Thank you very much. Appreciate that. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. And I think that this is a wonderful thing to do, especially in this economy, to do anything we can to invigorate our tourism in our community. They just pump more money into our community than we would ever be able to do, and I think this is going to be money wisely spent. Thank you. CHAIRMAN COYLE: Okay. No other comments? There is a motion made by me to approve, seconded by Commissioner Fiala. 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: And that -- any opposed? (No response.) CHAIRMAN COYLE: It passes 5-1 (sic) because Commissioner Henning is here. MR.OCHS: 5-0. COMMISSIONER FIALA: 5-1? Who's the -- CHAIRMAN COYLE: I'm sorry. 5-0. It's unanimous. I'm sorry. Crystal was the one who opposed it. That's it. But no, 5 -- . . unammous, unammous. MR. WERT: Commissioners, thank you very much. We really appreciate your confidence in us. CHAIRMAN COYLE: Thank you, Jack. Page 98 September 14,2010 MR.OCHS: Mr. Chairman, if! might, just before you move off that subject, the board did ask as a Phase II of this discussion back in July that the staff come back at this -- the next meeting to bring back some stakeholder feedback on the prospects of a complete reallocation of the TDC funds. And I would ask if the board might allow staff a little bit more time than next Tuesday because, as you just pointed out, there's quite a bit of stakeholder feedback and input that we need to gather, and we really want to vet this, perhaps even at a board workshop if the board would prefer at some point. But if we could get maybe till the end of the calendar year, if the board doesn't mind, to give us a little more time to pull all the stakeholder input together, because that's a fairly contentious pot of money, as you all know. CHAIRMAN COYLE: Yeah. And when you're talking about later in the year, it will have to be early December. MR.OCHS: Yes, sir. COMMISSIONER FIALA: He said or at the end of the calendar year. CHAIRMAN COYLE: Well, that's going to be it. Early December will be your last meeting. MR.OCHS: We're only meeting once in December, so we'll have to come back -- if you want us back before the end of the calendar year, it will be that December meeting. CHAIRMAN COYLE: Okay. All right. Anyone have any objections to that? COMMISSIONER HALAS: No. CHAIRMAN COYLE: Commissioner Halas, except for you? COMMISSIONER HALAS: No. Yeah, you can -- MR. OCHS: Any interest in a workshop, or you just want to deal with that at a board meeting? CHAIRMAN COYLE: Why don't you -- Page 99 September 14, 2010 COMMISSIONER HALAS: I think it should be a workshop, because I think it's got contentious items. Last time we discussed this whole thing, it took a lot of time, and I think it would be better to have a workshop so everybody knew exactly -- and everybody then could come to the table and tell us the importance of this tourist money and how it should be spent. MR.OCHS: Pleasure of the board. CHAIRMAN COYLE: Well, I -- you know, I'm -- I don't want to disagree with Commissioner Halas. If you want to have a workshop, we can do that. I'm just thinking that we just had an example of where something was properly vetted with all of the -- all of the participants. It would be good if you worked out the details, and that way we could work with your recommendations, I think. And if we want to do that during the workshop, that's okay, too. But I would -- I would at least rather have the staff work out the details, come up with the alternatives, and let us choose among alternatives than to actually -- MR.OCHS: That's fine. CHAIRMAN COYLE: -- go through it twice. COMMISSIONER FIALA: You know, I kind of like the workshop idea. CHAIRMAN COYLE: Do you? Okay. Anybody else like the COMMISSIONER FIALA: Because I think we learn a lot more about what's happening. You know, one of the things we never see other than the chairman, we never see what actually is going on in the Tourism Department, or we don't see the statistics or anything, and I would really like to be updated, because I think that's a vital part of our entire community, and we don't learn enough about it. CHAIRMAN COYLE: Commissioner Fiala, it's a lot like watching sausage being made. COMMISSIONER FIALA: I like sausage. Page 100 September 14, 2010 COMMISSIONER COLETTA: I'm for a workshop also. CHAIRMAN COYLE: Okay. Then we've got a majority for workshop, so we'll do a workshop, okay? MR. OCHS : Yes, sir. CHAIRMAN COYLE: Pick a time, and we'll check our schedules -- MR.OCHS: Very good. CHAIRMAN COYLE: -- and see what we've got. MR. OCHS: Thank you. MR. WERT: Thank you, Commissioners. CHAIRMAN COYLE: Good. All right. Where does that take us now, County Manager? Item #9 A APPOINTMENT OF A MEMBER TO THE ENVIRONMENTAL ADVISORY COUNCIL - MOTION TO RE-ADVERTISE- APPROVED MR. OCHS: That takes you to item -- COMMISSIONER FIALA: 9A. MR. OCHS: -- 9A. COMMISSIONER HENNING: Motion to approve Tom Cravens. COMMISSIONER COLETTA: If! may? CHAIRMAN COYLE: You may. COMMISSIONER COLETTA: I'd like to ask us to readvertise. I think it's kind of disappointing, we only have one person to choose from. And we're just coming back from summer vacations for a lot of people, and see if there would be some more interest. COMMISSIONER HALAS: Commissioner Coletta, I'll second that. Page 101 September 14, 2010 CHAIRMAN COYLE: Okay. A motion by Commissioner Coletta to readvertise for that position, seconded by Commissioner Halas. Any other discussion? 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? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion to readvertise passes 4-1 with Commissioner Henning dissenting. Item #9B RESOLUTION 2010-171: APPOINTING BARRY MICHAEL KLEIN (COMMISSION DISTRICT #3 CATEGORY FOR A TERM EXPIRING OCTOBER 1,2011) TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED MR.OCHS: Takes you to 9B, sir, appointment of member to the Collier County Planning Commission. COMMISSIONER COLETTA: If! may? COMMISSIONER HENNING: Motion to approve Gary Klein. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Yes, just -- I just wanted to bring something to your attention is that I think it's been a misconception of quite a few people out there that the only people that could apply for a planning position, commission position, were those that live within that particular district. Page 1 02 September 14,2010 And I sent a -- I copied you on an email I received from Bill Barton there regarding, ifhe knew this was available, he would have loved to have applied, too. He's in District 5, but he thought it was just limited to District 3. COMMISSIONER HENNING: It is. COMMISSIONER COLETTA: Oh, forgive me. Okay. Then we need to clarify that -- COMMISSIONER HENNING: It's in -- COMMISSIONER COLETTA: -- once and for all. COMMISSIONER HENNING: It's in the ordinance. It's very clear. There shall be representation -- two Planning Commission members from District 5, two from District 1, two from District 2, and two from District 3. COMMISSIONER COLETTA: Okay, so -- thank you, Commissioner Henning, for clearing that up. So what we're saying is that anybody that applies for these positions has to be from the district that's represented; in other words, from District 3 they have to be from District 3, they can't be from outside the district? COMMISSIONER HALAS: Right. COMMISSIONER COLETTA: So I'm kind of curious to why we're taking applicants from people outside the district. But that's not your problem. I guess that's a staff problem. CHAIRMAN COYLE: Well, it's important because District 4 is left out, but -- COMMISSIONER HENNING: District 4 has one. CHAIRMAN COYLE: Well, you've just enumerated them, and you didn't mention one for District 4, but nevertheless. COMMISSIONER HENNING: I apologize. CHAIRMAN COYLE: Okay. See, you left District 4 out. COMMISSIONER HENNING: How can I make it up to you? CHAIRMAN COYLE: By giving up one of your District 3 positions. Page 103 September 14,2010 Okay. What are you going to do about it? You've -- we have a motion by Commissioner Henning to approve Barry Michael Klein as the -- for the District 3 category. COMMISSIONER HALAS: Did he have a second? I'll second. COMMISSIONER FIALA: I got the second. COMMISSIONER HALAS: Oh, you got the second. All right. CHAIRMAN COYLE: Seconded by Commissioner Fiala. 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 is approved unanimously. Item #9C RESOLUTION 2010-172: APPOINTING SHEILA A. DUGAN (TERM EXPIRING MARCH 13,2013) TO THE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE- ADOPTED MR. OCHS: Item 9C, appointment of a member to the Bayshore Beautification MSTU Advisory Committee. CHAIRMAN COYLE: Okay. I recommend that we accept the committee recommendations and appoint Sheila Dugan. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: And -- okay. We have a motion by me, seconded by Commissioner Henning. Page 104 September 14, 2010 And 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's done, unanimously. Item #9D RESOLUTION 2010-173: APPOINTING JOHN KERNS, CHERYL PAVLICK AND LESLIE PRIZANT (TERMS EXPIRING FEBRUARY 4, 2011) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED MR.OCHS: 9D, appointment of members to the Collier County -- excuse me -- County Government Productivity Committee. COMMISSIONER HALAS: Motion to approve the recommendation by the committee. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: And that's John Kerns, Cheryl Pavlick, and Lisa (sic) Prizant. CHAIRMAN COYLE: Leslie-- COMMISSIONER HALAS: Leslie. CHAIRMAN COYLE: -- Prizant, okay. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: All in favor of the motion, please signifY by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. Page 105 September 14, 2010 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Item #9E RESOLUTION 2010-174: APPOINTING MELISSA MARTINEZ (TERM EXPIRING APRIL 4,2013) TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPTED MR. OCHS: 9E is appointment of a member to the Immokalee Enterprise Zone Development Agency. COMMISSIONER COLETTA: Motion to approve committee's recommendation. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve the committee's recommendation of Melissa Martinez by Commission Coletta, second by Commissioner Fiala. 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 passes unanimously. Item #9F Page 106 September 14, 2010 RESOLUTION 2010-175: RE-APPOINTING JOHN J. AGNELLI AND ROSS P. OBLEY TO THE EDUCATIONAL FACILITIES AUTHORITY - ADOPTED MR.OCHS: 9F, appointment of members to the Educational Facilities Authority. CHAIRMAN COYLE: Okay. The committee has recommended the reappointment of John Agneli and Ross Obley. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. I'll make mine a motion, and seconded by Commissioner Halas. 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 passes unanimously. MR.OCHS: 9G is a request-- CHAIRMAN COYLE: Okay. Go ahead. MR.OCHS: I'm sorry, sir. CHAIRMAN COYLE: That's all right. Go ahead. Item #9G NAMING THE DRIVER'S LICENSE BUILDING AT 725 AIRPORT ROAD AS THE GUY L. CARLTON DRIVER'S LICENSE BUILDING - APPROVED Page 107 September 14, 2010 MR.OCHS: 9G is a request by the Collier County Tax Collector to name the driver's license building at 725 Airport Road as the Guy L. Carlton Driver's License Building. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: Okay. A motion to approve by Commissioner Coletta, second by Commissioner Halas. 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? (No response.) CHAIRMAN COYLE: It passes unanimously. MR.OCHS: Congratulations to Mr. Carlton. Well deserved. CHAIRMAN COYLE: Yes. COMMISSIONER HALAS: Well deserved. CHAIRMAN COYLE: He should have to work there at least one day a week from here on out. COMMISSIONER COLETTA: At no pay. CHAIRMAN COYLE: As a volunteer, as a volunteer. That's right. Item #10A BID #10-5555, ISLES OF CAPRI WATER MAIN REPLACEMENT PHASE II IN THE AMOUNT OF $1,161,922 TO HASKINS INC., Page 108 September 14, 2010 TO COMPLETE THE REHABILITATION OF THE POTABLE WATER DISTRIBUTION SYSTEM THAT SERVICES THE ISLES OF CAPRI, PROJECT NO. 71010.7 - APPROVED MR. OCHS: There you go. Commissioners, that takes us to Item lOon your agenda, county manager's report. lOA is a recommendation to award bid number 10-5555, Isles of Capri water main replacement, Phase II, in the amount of $1,161,922, to Haskins, Incorporated, to complete the rehabilitation of the potable water distribution system that serves the Isles of Capri. Is Mr. DeLony here? CHAIRMAN COYLE: It was a competitive procurement and -- MR. OCHS: Yes, sir. CHAIRMAN COYLE: -- you're rewarding it to the lowest-cost qualified bidder. I make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signify by saymg 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 passes unanimously. Excellent presentation. Thank you very much. MS. DUERI: Thank you. Page 109 September 14, 2010 MR.OCHS: Well done. Item #10D THE RENEWAL OF THE GROUP DENTAL INSURANCE PROGRAM THROUGH CIGNA DENTAL PLAN, INC. WITH NO INCREASE IN THE RATES OR TERMS FOR A ONE (1) YEAR PERIOD EFFECTIVE JANUARY 1,2011 IN THE AMOUNT OF $1,768,900 - APPROVED MR. OCHS: Commissioners, that moves us to 10D. It's a recommendation to approve the renewal of the Group Dental Insurance Program through Cigna Dental Plan, Inc., with no increase in the rates or terms for a one-year period, effective January 1,2011, in the amount of one million, seven hundred sixty-eight thousand, nine hundred -- COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Halas, second by Commissioner Fiala. I would merely like to point out one thing for any member of the public who has bothered to read this. It says that we have an average enrollment of 1,938 employees. That includes all of the constitutional officers who participate in our healthcare program. It is not the employee headcount for the Collier County Commissioners, okay. MR. OCHS: That's correct. CHAIRMAN COYLE: That is something that was constantly misrepresented throughout the most recent election period, and I'm going to continue to emphasize the proper headcount as we move forward. Okay. MR. OCHS: Yes, sir. Page 110 September 14, 2010 CHAIRMAN COYLE: All in favor of the motion, 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. MR. FRENCH: Thank you. Item #10E ACCEPTING REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS - APPROVED MR.OCHS: Commissioners, Item WE was formerly Item 16E8, moved at Commissioner Henning's request --I'm sorry. Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. Mr. Carnell is here to present or answer any questions, whatever the pleasure of Commissioner Henning and the board would be. CHAIRMAN COYLE: Okay. Now, let Commissioner Henning explain to you what his concern is, and give him the right answers. COMMISSIONER HENNING: How about the truthful answers? CHAIRMAN COYLE: That's the right answer. COMMISSIONER HENNING: A lot of citizens are concerned about the continuing landscaping of Radio Road within the MSTU. Item 14 says the original amount was $172,000, but yet the one previous to that is -- the original amount is $203,000. That's the Page III September 14, 2010 question number one. MR. CARNELL: Okay. Let me address that one. Steve Carnell, purchasing general services director. COMMISSIONER FIALA: Excuse me. Could I just ask what page that is? COMMISSIONER HENNING: Well, actually -- take a look at Page -- it would be 13 or Page 52 of97. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Then look at Page 60 -- I apologize -- 60 of97. MR. CARNELL: Thank you, Commissioner, for clarifying the page number. On the page that Commissioner Henning's referring to, there's Items 13 and 14. If you'll look at the project descriptions, these two are different projects. Number 13 is Radio Road, Phase II, from Livingston to Airport, and then 14 is Radio Road MSTU phases 2B and -- I'm sorry -- IB and lA. So that's the reason you see the difference in numbers, Commissioners. They're actually -- there's actually four change orders related to Radio Road projects on this report, items 10, 12, 13, and 14, and three of them are one project. One is a different project. COMMISSIONER HENNING: And 17? MR. CARNELL: Okay. Then there's five, yes, sir. And that's -- number 17 would be the other project, the Livingston Road project. COMMISSIONER HENNING: Correct. That's phase -- Radio Road, Phase 11, part A -- oh, then you have part B. MR. CARNELL: Yeah. There's different projects. COMMISSIONER HENNING: This was bidded out separately? MR. CARNELL: Yeah. I'm going to have Ms. Lulich address that for you. MS. LULICH: Yes. Commissioner Henning, Pam Lulich. Radio Road, Phase II-B and I-A is from Radio Road turn lane to Page 112 September 14, 2010 Briarwood, and Radio Road Phase II is from Kings Way to Briarwood entry. Phase III is from Livingston to Airport-Pulling, so -- COMMISSIONER HENNING: Thank you for that clarification. MS. LULICH: -- three projects. COMMISSIONER HENNING: Don't go away. Let's talk about 13 with -- I believe it's Hannula. It is the landscaping section? You're MS. LULICH: Yes. COMMISSIONER HENNING: A whole bunch of different changes of material there. MS. LULICH: Yes. There was an existing main line that failed the pressure test, and the bores were also short. So there were issues with the existing irrigation lines, and it was cheaper to rebore them. COMMISSIONER HENNING: No, the -- okay. That's amazing. All right. Motion to approve Item 16E8. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. 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 passes unanimously. Page 113 September 14, 2010 Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Commissioners, that takes us to Item lion your agenda, public comments on general topics. CHAIRMAN COYLE: Okay. And we have a public speaker? MR. MITCHELL: Yes, we do, sir. CHAIRMAN COYLE: Okay. The first speaker will be John Schmiedling (sic). MR. SCHMIEDING: Schmieding, for the record. MR. MITCHELL: Schmieding. MR. SCHMIEDING: That's okay, I'm sure. It's not an easy name to pronounce. Good morning, Commissioners. Mr. Chairman, my name is John Schmieding. I'm general counsel and an officer of Arthrex, Inc., located here in Collier County, Naples. I'm not here today to discuss the merits of the Jackson Labs project. It was very interesting earlier hearing the discussion. We all, I think, know there is some speculative nature to the whole project. It's intended to relieve some very serious economic woes. No one really knows whether it's going to succeed or not, but what we do know is it's raised a lot of passions in this community, considerable passions, whether you're in favor of the Jackson Labs project and in favor of their genetic research or whether you are angry against a view of failure to represent your -- a proper taxpayer or even moral objections related to stem cell support and research conducted by Jackson Labs. Well, let's take those passions, because we've all discussed them and heard them, and put them aside for a moment. Let's focus right Page 114 September 14,2010 now what the decision was today for you. You may not know, but in the beginnings of the state of Virginia, Thomas Jefferson was the first Founding Father to support referendum, legislative referendum. Now, Thomas Jefferson held this view in light of objections similar to this whole process. This view he held was based upon the idea of individual sovereignty, individual sovereignty which is very similar to what a local municipality is duty-bound to protect. It is your duty to ensure, much greater than our Washington, D.C., paternal government, to ensure you're reflecting proper voter sentiment. And how do you do that? Well, what Thomas Jefferson, this board itself, as Mrs. Vasey or Ms. Vasey has accurately reflected, held voter referendums, and that clearly shows you know the value of that tool. Well, Arthrex is waiting. We've been waiting. And unfortunately today we're on the cusp of a county losing jobs. Arthrex will refuse to add any further jobs to Collier County if this county board does not utilize that tool it so properly has used in the past and which could not be more ripe in a situation than this Jackson Labs issue. These are not jobs from an economic analysis or jobs proposed. These are jobs similar to the 500 jobs we created over the last year here in Collier County, similar to the 100 jobs we created or want to create in the next 12 to 18 months. They're not going to be here. They're not going to be here because we've been waiting for this board to stand up. People want to see this board stand up and say yeah, there's a sun rising on Eastern Collier County, a sun not of economic diversification or big business feeding at the trough of big government, but a son of liberty and a son of sovereignty and a son that reflects voter sentiment. So we wait for this county board to stand up. You still have a second chance. We're leaving you with no excuse. We'll pay for the referendum right here, right now. Let's do it. Why not? The only Page 115 September 14, 2010 objection you can have is you feel you will not win the referendum. And if that is the case, that's an improper basis for that judgment. Let's hold the referendum. So let's resolve these passions. There's passions on both sides. Someone's right, someone's wrong. Let's just have the voters reflect what the truth is and what they really want to pay for, and then we can all go on about our business of creating jobs and making Collier County an effective economic powerhouse that it can be. That's all I have. Thank you very much. CHAIRMAN COYLE: Could I ask you a couple of questions, Mr. Schmieding? Since we're using history as a guidepost for what we should do in the future, would you please refresh my memory about the referendum concerning the purchase -- the Louisiana Purchase, the referendum concerning the purchase of Alaska, the referendum which gave the railroads land and money to open up the West? Those were transformative events. Was there a referendum for those? MR. SCHMIEDING: There are referendums for those, but you're completely missing the focus of the duty of a small municipality. You are not Washington, D.C., you are not charged with that type of, as I mentioned, paternalistic republic gone astray that doesn't reflect voter sentiment. You're charged with properly -- CHAIRMAN COYLE: And my next question for you is, what is the business impact on Arthrex if Jackson Labs were to be funded and come to Collier County? MR. SCHMIEDING: This isn't about Arthrex. This is about individual voter and taxpayer burden that's either right or wrong. Arthrex has passionately expressed positions, the other side has passionately expressed positions. I'm not here to defend either of those positions. I'm here to say that we're standing up for liberty and saying, well, maybe we're wrong, maybe we're right, but let's let the voters decide that question. Isn't that why a referendum would be Page 116 September 14,2010 more appropriate than not? CHAIRMAN COYLE: Since when did Arthrex get involved in advising local governments how they should conduct their business? We have not suggested that we advise you how to conduct your business, have we? MR. SCHMIEDING: Well, if you're rejecting my right and our right to speak up -- CHAIRMAN COYLE: No, I'm not rejecting any rights. I'm just suggesting that -- why have you chosen this time? MR. SCHMIEDING: Well-- CHAIRMAN COYLE: Why were you not there when Stadium Naples was being considered? Why is it now with Jackson Labs that you now become very, very interested in the rights of businesses to do certain things? MR. SCHMIEDING: Because it's never too late. It's never too late to stand up. And if you notice, the national sentiment is also very passionate. So I think you have reflected in the national economic times, the national sentiment of passion and offense to big government involvement in taxpayer burden. You have that reflected right here locally, and that's the answers I can give you. CHAIRMAN COYLE: Okay, thank you very much. Thank you. Okay. MR. MITCHELL: Duane Billington? CHAIRMAN COYLE: Commissioner Henning, did you want to ask a question now or later? COMMISSIONER HENNING: Well, I don't know ifmy colleagues had the opportunity to read Mr. Schmieding's email to the Board of Commissioners yesterday. I think the issue is, is it the duty of local government to fund either a not-for-profit, which we haven't done before, or private business? I think that's the real question. What I got out of the email was.it.s very expensive for the employees of Arthrex to live in Collier County. There's -- it's Page 117 September 14,2010 impossible to do this without raising some sort of taxes. That's the issue; he said it quite clearly. My employees cannot afford to live in Collier County with the ever-increasing costs. I think that's the real Issue. And I -- you know, I think that Arthrex pays more taxes than all five of us sitting up here combined. I think they have just an equal voice of what their government does. I'm done. CHAIRMAN COYLE: Okay. Well, I can't imagine what the foundation of that argument might be. The property tax rate here in Collier County is the same as it was in 1999 . We haven't increased the property tax rate. Property values are falling, and so are the commercial taxes, dramatically, by 12, 15 percent every year for the past three years. So I don't see any increase in costs of living. As a matter of fact, I see dramatic decreases in the costs of living here, as evidenced by the devaluation of our homes. So -- unless Arthrex has reduced the salaries of its employees, I don't see any rational nexus between that -- those decisions. So I think the real issue goes a lot deeper than that, but I'll leave that up to Arthrex to work out. Arthrex has, in the past, done a very, very good job of making the business decisions that they think are necessary for their company, and I think they will continue to do so, whatever we do, and -- but in any event, we've heard the comment. Is that all for -- we've got to have at least one more. MR. MITCHELL: Duane Billington, but he doesn't appear to be here. CHAIRMAN COYLE: Yeah. MR. MITCHELL: So there's C. Quista (sic)? Nope. So that's the end of your speakers, sir. CHAIRMAN COYLE: Okay. Thank you very much. Okay. That brings us to the county attorney's report. I thought we took care of this earlier today. Page 118 September 14, 2010 MR. KLATZKOW: Yes, we did. CHAIRMAN COYLE: Okay. MR. OCHS: Yes, sir. We don't -- CHAIRMAN COYLE: So it's gone, right? We don't- Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: You're onto Item 15, staff and commission general communication. CHAIRMAN COYLE: Okay. Staff? MR.OCHS: Nothing. CHAIRMAN COYLE: County Manager, go ahead. MR. OCHS: Nothing to report this afternoon, sir. CHAIRMAN COYLE: Okay, County Attorney? MR. KLA TZKOW: Nothing to report. CHAIRMAN COYLE: Okay. We'll start with Commissioner Henning this time. COMMISSIONER HENNING: Thank you. County manager forwarded something to me in talking to Keith Arnold about the funding for Jackson Labs that the legislators were appropriated, and those monies were supposed to come from the Federal Medical Assistance Percentage. And the specific language was the nonconcurring (sic) of the sum of $75 million is to be appropriated from the general revenue fund to the executive -- no, I'm sorry. Let me read the next paragraph. The funding provided for this section is contingent upon the enactment of federal law which extends the enactment of Federal Medical Assistance Percentage rate as provided under the American Reinvestment and Recovery Act from December 31, 2010, through June 30, 2011. Page 119 September 14, 2010 And Keith Arnold was telling me, what happened is, it's being funding (sic) are under the previous FMAP, or the existing FMAP, not the future FMAP, because that wasn't allotted. Now, the confusion in Tallahassee by some is, well, this isn't, you know, in accordance to the legislators, and others say it is. And I just don't want the county to be -- we're basing all this on if the state comes through. So I think it's appropriate for this board to write the governor and ask him if the funding from the state is going to happen for Jackson Labs. CHAIRMAN COYLE: Well, the problem is, it isn't the governor who really is going to be working out that problem. And the bottom line to answer your question is, we simply don't know, and that's the problem. Without knowing what happens with state funding, we're not even negotiating an agreement with Jackson Labs. There is -- has been essentially nothing done with respect to negotiating an agreement or doing anything other than just trying to define the whole range of funding options, including private funding, private investor funding. So you're right, there is nothing certain at the state level. And it's my understanding -- and I don't know any more about it than any of you. But it's my understanding that the legislative budget committee is supposed to be working out the details on that and we're -- and are trying to determine whether or not this is a glitch in language by the legislature, and if so, does the legislative budget committee have the authority to resolve this glitch, or must it come back to a special session of the legislature and have the legislature resolve the glitch? And I don't think any of us knows what they're going to do about it. COMMISSIONER HENNING: Well, we do want something in writing from the state, is that correct, some kind of commitment? CHAIRMAN COYLE: Well, I would never recommend that this board commit to this project or to the funding of this project without a Page 120 September 14, 2010 very strong written agreement from the state about how they're going to fund it. But my concern goes further than what you just brought up. My concern goes to the issue of the fact that the state has only approved $50 million, end of story. They said they might appropriate 80 million more dollars in future years, but we don't have anything in writing that shows that. And so the most I would be willing to say is that we would -- if we reach a decision to do it -- I mean, if this board reached the decision to do it, we should do no more than to say, we will match what the state has put into the project, and then the participants in the project have to make a decision as to whether or not that's enough money for them to go ahead. But I have steadfastly maintained that we should never get out in front of the state on funding of this project or any other project. And that's one of the things I was going to elaborate on in correspondence today, too. I don't know if that addressed your question. COMMISSIONER HENNING: Well, if you're looking -- if it's the position of the board that we want something in writing from the state of their commitment, I think that's a good, positive step forward. CHAIRMAN COYLE: Absolutely. That's exactly what we're doing. And if you don't mind, I'll just continue to elaborate on that. The story that we get is that there will be -- if this glitch is ironed out by the legislature, that the Office of Trade, Tourism, and Economic Development at the state level will finalize an agreement with Jackson Labs. Now, we don't want to create an agreement with Jackson Labs until we see what the state has signed, because that's going to commit the state to the funding. So when we see what the state has -- is going to sign with Jackson Labs, then we can start deciding what our role is going to be in this process and what monies we will have to commit and when we would have to commit them if we were going to participate, and that Page 121 September 14, 2010 will determine the source of funding that we use. So that's why we haven't decided on any sources of funding and no recommendations have been made to you other than to say, all of these options are available. And so if we find out that the funding can be met from internal operating funds on a pay-as-you-go basis over a period of years, you won't even need any bonding requirement. If we find out that it requires lump sum payments early on, we'll have to consider a bonding requirement or private investors who would pay to build the building. And under those circumstances, you would require no bonding probably. So there are a lot of things that we can't determine until we see that contract and we know what the state is going to commit to, how they're going to commit to paying it out, what our matching requirements are, and over what period of time we would be expected to pay money out. And none of that can be determined by us until we get this process underway, and right now it's stuck up in Tallahassee. So that's basically where we are. And that -- if you don't mind me skipping you for just a minute, I'll come back to you, Commissioner Coletta. COMMISSIONER COLETTA: That's quite all right. CHAIRMAN COYLE: It's appropriate to ask for board direction to begin -- or continue to evaluate funding opportunities. There are two things we need to do. One is, we need to get a small, simple RFP out as quickly as possible to private investors who would be willing to invest in this project. Staff has already had a preliminary meeting with one of those. It is unfair to meet with those people and talk with them sequentially because of the concern that one of their competitors will find out about their information and come in and make a better -- better deal. We want to do it like an RFP and be fair about it and have the proposals opened at a specific time, and everybody's proposals would be Page 122 September 14, 2010 evaluated on a fair and equitable basis. So what we want to do is send out an RFP. Now, what will that-- what will that require, County Manager, in terms of time commitment of staff? MR. OCHS: Thirty days max, possibly sooner. CHAIRMAN COYLE: I'd rather see two weeks max, but okay. MR.OCHS: Well, I said max. We'll try to get in under that. We're -- you know, we just have to coordinate with the financial advisor and our procurement staff and pull the specification together. But we'll move as quickly as you'd like us to. CHAIRMAN COYLE: Okay, okay. So the county manager's looking for nods from three commissioners to say okay, let's put out an RFP and see if some private investors want to put some money into this thing. COMMISSIONER COLETTA: Sure. CHAIRMAN COYLE: Okay. And Commissioner Henning, you have -- COMMISSIONER HENNING: And I'm sure you're talking about the county would repay -- repay this? CHAIRMAN COYLE: The county or somebody. COMMISSIONER HENNING: Okay. So if the county's involved in it, remember the language, legislative language, said, give the county -- actually, local government, 120 days to respond to the match. Why would we want to rush this? CHAIRMAN COYLE: Well-- COMMISSIONER HENNING: Because, again, we don't have all the facets to the Jackson Lab or the medical village. Why do you want to rush this? CHAIRMAN COYLE: I'm not saying it's rushing it. I'm saying we're probably behind schedule. People have always been talking about, can't you get some private money involved in this thing? Why don't you get some private investors to finance this thing? We've been Page 123 September 14, 2010 out beating the bushes to try to do that. We found that there are some. Now we want to formalize the process for soliciting proposals. COMMISSIONER HENNING: With the county paying it -- paying it -- paying it back, or the taxpayers. To me that sounds like a commitment way in advance of the state coming through with their commitment. CHAIRMAN COYLE: No. MR.OCHS: Commissioner, if I might, I think the concept is that if we went out for this RFP, we would at least get a general indication of what the -- what the financial commitment would be on an annualized basis, and that would then allow us to come back and provide that information to the board. It may be an amount of money that allows you then to make a -- a pay-as-you-go funding decision if you move forward on the project. It may be so large that you have to consider some financing, some bonding or some borrowing internally. So I think the idea is, if we went out with this RFP, we could get some general indication of what the financial terms would be from these private financiers, and that would give us an idea of what kind of budget implications we would have to address as a board. COMMISSIONER HENNING: Yeah, but 120 days is three months. And, you know, the public's perspective, from what I hear is, damn the public. We're going to do what we want to do. And I'm just saying, why would you want to further this commitment of staff time for funding so far in advance of the state commitment? Simple. I guess it's damned if you do. It's going to be -- four ofyou's are going to go ahead and make this commitment without knowing what the state is going to do, and the public outcry out there is, we want to make that decision. CHAIRMAN COYLE: The public wants to make the decision as to which private investor contributes money to finance this project? COMMISSIONER HENNING: Commitment from the county. CHAIRMAN COYLE: Who said anything about commitment? Page 124 September 14, 2010 COMMISSIONER HENNING: You did earlier. You said you would be -- CHAIRMAN COYLE: No, I didn't say that. I've said, we're not going to commit anything until we hear from -- get something in writing from the state. How can a public request for proposal be construed as trying to keep it from the public? COMMISSIONER HENNING: No. I said -- COMMISSIONER HALAS: Next? CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: You said -- I asked you, who's going to be the payback on there, and you said the county and/or private concerns. If it's private, we don't need to get involved in it. So otherwise it's the county. And all I'm saying is, why do you want to get so far out ahead of it when you have three months to make those determinations when the -- when the state makes those commitments? CHAIRMAN COYLE: Wow. Commissioner Halas? COMMISSIONER HALAS: I don't think any of us on this board that are obviously in favor of Jackson Labs are going to do anything in committing any type of money until we find out what the state is going to do. And it's my understanding that the state is going to start looking into this or addressing this issue come about September the 15th, and hopefully that -- they'll have something by the end of the month that will give us a determination of what's -- what the state's commitment is going to be on the money, if at all. Secondly, I believe the reason that there's so much uproar in the community, at this point in time, nobody's stepped forward, private sector has not stepped forward, and it's because they don't know what the state is planning on doing. And I think once there's a fulfilled commitment by the state one way or the other, I believe that there are some people out there that are going to get behind this. But they're not going to jump on this Page 125 September 14, 2010 bandwagon until they find out; just like we, the county, we're not going to jump on this until we are sure that we have a strong commitment from the state that they're going to help through this situation, not just this year, but the next three to four to five years, however a long this commitment is going to be put in the process. And I think that the -- hopefully the end result is, as Commissioner Coyle stated, if we put this RFP out there -- and once the state has finalized either they're going to go with it or they're not going to go with it, then that will be the determining factor in regards to this whole process with Jackson Labs. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. My concern is the 90-day window. Is that what you said, 90 days? CHAIRMAN COYLE: One hundred twenty. COMMISSIONER HALAS: One hundred twenty. COMMISSIONER COLETTA: One hundred twenty. Even 120 days. Is that enough time to really be able to do due diligence, or should we be doing something ahead of time? COMMISSIONER HALAS: That's what we're trying to do. CHAIRMAN COYLE: Yeah. We've been doing due diligence all along. We've been collecting a lot of information. In fact, having the Productivity Committee take a look at the economic projections, that was due diligence. So there have been a lot of things that have been going on, but there are certain things we can't do, and that is to select a funding option without the state making some decisions. And we -- even if the state made some decisions, we can't decide on funding options until we've got all the funding options before us to look at. And a funding option by a private investor is certainly a key element of that. So if we don't get some proposals from key investors to consider, we won't know what funding options would best meet our needs. And if we -- if it takes 30 days to get the RFP out, it takes another 30 days Page 126 September 14, 2010 or more to get the responses back in, then it takes a couple of weeks or maybe even 30 days to evaluate that, that puts us in -- way into the process. So we -- to remove any concern that people might have that putting an RFP out on the street is an obligation to accept something, we can merely say in the RFP that we're soliciting your proposals, but no decision will be made on this until such time as funding from the state is solidified to the satisfaction of the Board of County Commissioners. And even then we might reject the proposals and go with another funding option. We just want to have it available to us so we know what to expect, and we don't know right now. So if we've got three -- COMMISSIONER COLETTA: You've got it. CHAIRMAN COYLE: -- three nods, then you can proceed with that. Now there is one other similar issue. In the event we need a bond issue if we're going to go forward, the last thing you want to do is get into the point of making a decision and then somebody say, well, you know, it's not legal to do that. You want to find that out in advance. COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: So the way that we can do that is to take the issue to the Court and ask the Court to validate it as a public purpose. If the Court says it is a public purpose, then we know our chances are pretty good that it's legally proper to proceed along those lines. So that help -- puts us in a position so that if we -- if we needed to go to bonding, we will have cleared the legal hurdle to do that. It doesn't obligate us to anything. We've made sure -- I've talked with the bond council myself. They have assured me it is not necessary that the Board of County Commissioners approve a bond issue and a financing mechanism to get this interpretation from the courts. So we have to make no commitments. We don't have to identifY any taxing whatsoever. We merely have to tell the courts we want Page 127 September 14,2010 you to tell us if this serves -- if this kind of financing and this kind of bond is legal and it serves a public purpose. End of story. No commitments on our behalf at all. And so what we're asking is the board's approval to at least start doing that. It should not be very expensive; is that correct? MR. KLA TZKOW: That's correct. CHAIRMAN COYLE: It's going to be fairly easy for you to do, I think, correct? COMMISSIONER HALAS: You've got a nod here. MR. KLA TZKOW: Well, it won't be -- it will not be that expensive, no. CHAIRMAN COYLE: Okay. Give us a ballpark. MR. KLATZKOW: I don't know, 15-,20,000, something like that, tops. CHAIRMAN COYLE: Okay. All right. So do we have three nods to give that guidance to staff to at least proceed, again, making no commitments, enacting no taxes, not creating any ordinances or anything of that nature. Commissioner Henning? COMMISSIONER HENNING: Is this going to be just a letter to the Court, or is it going to be a hearing? MR. KLATZKOW: It will be a public hearing. COMMISSIONER HENNING: So is it going to be identified, the bonding source? MR. KLATZKOW: From what I'm hearing, no. The primary issue on this one's going to be whether or not there's a valid public purpose. COMMISSIONER HENNING: For a bond. MR. KLATZKOW: For a bond. COMMISSIONER HENNING: And that would be to fund a not-for-profit organization? MR. KLA TZKOW: It would be to fund this particular Page 128 September 14, 2010 transaction. We'll make it specific to this particular transaction, Jackson Labs. COMMISSIONER HENNING: Okay. So-- COMMISSIONER HALAS: Or anything that's close to Jackson Labs. COMMISSIONER HENNING: So the bond may not -- may be okay, but what about the debt service on it? MR. KLATZKOW: Well, ifit's going to be ad valorem, you have to take it to referendum. If it's not going to be based on ad valorem, you don't have to take it to the public referendum. COMMISSIONER HENNING: But that -- that commitment -- that's not going to be the question of the Court? MR. KLATZKOW: No. The question of the Court is going to be very narrow, whether or not this is a valid public purpose. And I was a little hesitant on the cost, because if it's opposed, you know, those costs could be higher and, ultimately, the procedures to go into the local superior court here, and if it's opposed, it could go to the Supreme Court of Florida. COMMISSIONER HENNING: And who would oppose it? MR. KLATZKOW: I don't know. I don't know. I've heard a few voices today and other days, I don't know. CHAIRMAN COYLE: Okay. We've got three nods? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: All right. County Manager, you have everything you need? MR.OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: No. CHAIRMAN COYLE: You're finished? Okay. Did we cover everything that you needed guidance on, County Attorney (sic)? MR. OCHS: Yes, sir. Page 129 September 14, 2010 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I wasn't quite finished with my CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HENNING: The proponents of Jackson Lab, I understand that they're opposed to putting this on the ballot. Does anyone know why? COMMISSIONER FIALA: I never heard that they were opposed. CHAIRMAN COYLE: I think everybody knows why. Nobody gave us any language that was understandable to put on the ballot. If we try to create our own language and put it on the ballot, I know exactly what's going to be said: You're trying to phrase it in a way that nobody will, you know, understand it or whatever, or you're not meeting our objectives. In every case where somebody has come to us with a public petition, they have asked us for a specific -- to take a specific action. When the fire department straw vote was brought to us, we were given specific language. Now, what we got today was not specific in any way. The first thing we received -- I don't even believe the people who wanted to put something on the ballot would want to put that on the ballot. And I haven't seen anything to replace it. And all I heard was, well, you guys can probably come up with some language that will do something. And I can tell you exactly what will happen right now. We come up with language, and people will be arguing about that language. So that's why you can't make a decision to put something on the ballot unless you've got some specific language, unless you can inform the public about what the impacts are. COMMISSIONER HENNING: I'm done. CHAIRMAN COYLE: Okay. Anybody else? Page 130 September 14, 2010 COMMISSIONER FIALA: Oh, I have something. CHAIRMAN COYLE: Go ahead. COMMISSIONER FIALA: Okay, thank you. I'm off of those subjects, by the way. Onto something completely and totally different. CHAIRMAN COYLE: Oh, good. COMMISSIONER COLETTA: Wow. COMMISSIONER FIALA: Many years ago, not many, but a number of years ago, we all discussed building the FP&L greenway, if you remember; it was along the FP&L lines and -- but, you know, we had some money but we didn't -- didn't go forward at that point in time, but we did discuss naming it possibly after Rich King. I guess you all recall that conversation actually. And then at the time we said, well, the road isn't built and we haven't done that, but we were talking about it at the time, and everybody seemed to be in agreement, and I've got some of the transcripts from the meeting there. And now they're going to build it, and I was just wondering if I could ask you if it would be all right with you now to have our county attorney draw up a resolution to name the FP&L greenway after Rich King. COMMISSIONER COLETTA: I'll second that. CHAIRMAN COYLE: Well, I -- I'd, quite frankly, like to see an alternate proposal, name it the Donna Fiala Greenway. COMMISSIONER FIALA: No. I think Rich King would be more deserving. CHAIRMAN COYLE: All right. COMMISSIONER HALAS: Well, you've done an awful lot of work for that group down there, and I think Commissioner Coy Ie is correct. COMMISSIONER FIALA: Oh, well, that's so nice, but this one is for Rich King. Thank you anyway. Page 131 September 14, 2010 CHAIRMAN COYLE: Why don't we do it Donna Fiala and Rich King. COMMISSIONER FIALA: No. I think Rich King would be good. COMMISSIONER COLETTA: Goodlette-Frank Road. CHAIRMAN COYLE: Fiala-King Parkway. COMMISSIONER FIALA: Yeah, there you go. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Anyway, so it would be all right with you? We have some nods to have the county attorney draw up a resolution? CHAIRMAN COYLE: You've got my nod. COMMISSIONER FIALA: Okay. Thank you very much. COMMISSIONER HALAS: As long as we've got Fiala included in it. COMMISSIONER FIALA: Thank you very much. That was it for me. CHAIRMAN COYLE: Okay. Anything else? Then we are -- COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER FIALA: Oh, my goodness, 2:05. Do we get prizes or anything for getting out at 2:05? MR.OCHS: No, ma'am. I'm so sorry. It's a tight budget. No prizes in this budget this year, no. COMMISSIONER HALAS: I just want to say -- CHAIRMAN COYLE: Motion to adjourn by -- okay, go ahead. COMMISSIONER FIALA: Motion to -- COMMISSIONER HALAS: I just want to say that staff, I thought, did a great job today in their presentations, and thanks very much for all their hard work. And as I said, motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to adjourn by Commissioner Halas, second by Commissioner Fiala. Page 132 September 14, 2010 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 unanimous. COMMISSIONER FIALA: Stop by the side door; pick up your prizes, early recess. ****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR BROOKS VILLAGE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR UNITARIAN CHURCH - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A3 RESOLUTION 2010-163: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS Page 133 September 14, 2010 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 #16A4 DONATION OF A DRAINAGE EASEMENT FROM FOUAD AND F ADY F ARID BETWEEN 40TH STREET NE AND THE F AKA UNION CANAL IN UNIT 43 OF GOLDEN GATE ESTATES. (FISCAL IMP ACT: RECORDING FEES NOT TO EXCEED $27) - FOR THE MAINTENANCE OF DRAINAGE DITCHES Item # 16A5 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 379RDUE) WHICH IS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEV ARD FROM TWO LANES TO FOUR LANES BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD (PROJECT NO. 60040) - FISCAL IMPACT: $7,780 - CONSISTING OF 5,882 SQUARE FEET OF AN IMPROVED 2.34 ACRE P ARENT PARCEL Item #16A6 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 429RDUE) 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: $10,200 - CONSISITING Page 134 September 14, 2010 OF 4,515 SQUARE FEET OF AN IMPROVED 1.64 ACRE PARENT TRACT Item #16A7 PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT -OF - WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 166RDUE) CONTAINING 8,100 SQUARE FEET, WHICH IS REQUIRED FOR THE WIDENING OF SANTA BARBARA BOULEVARD BETWEEN COPPER LEAF LANE AND GREEN BOULEVARD. PROJECT NO. 62081 PHASE 2 (FISCAL IMPACT: $9,800) Item # 16A8 FINAL PLAT OF BLOCK ERE-PLAT QUARRY PHASE 1 LOTS 30-33 AND QUARRY PHASE 2 LOTS 34-42 AND LOTS 57-81 - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item #16A9 PURCHASE AGREEMENT FOR RIGHT-OF-WAY REQUIRED FOR THE INST ALLA TION OF ANOTHER TURN LANE ON PROGRESS AVENUE AT LIVINGSTON ROAD. PROJECT NO. 60188. (FISCAL IMPACT: $93,027) - PROPERTY OWNED BY COASTAL BEVERAGE AND UPS Item #16AI0 FOUR PURCHASE AGREEMENTS FOR THE PURCHASE OF Page 135 September 14,2010 RIGHT-OF-WAY REQUIRED FOR THE CONSTRUCTION OF OIL WELL ROAD. PROJECT NO. 60044. (FISCAL IMPACT: $145,100.) - PARCEL NOS. 221, 224, 225 AND 227 Item#16Al1 AN AGREEMENT BETWEEN COLLIER COUNTY AND V ANDERBIL T GALLERIA CONDOMINIUM ASSOCIA TI ON FOR THE CONVEYANCE TO COLLIER COUNTY OF A TEMPORARY CONSTRUCTION EASEMENT RELATING TO THE V ANDERBIL T BEACH ROAD SIX-LANING PROJECT FROM EAST OF GOODLETTE-FRANK ROAD TO AIRPORT- PULLING ROAD. PROJECT NO. 66065. (FISCAL IMPACT $35.50) Item #16A12 THE TERMINATION OF DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND CORRADI AIRPORT INC., REQUESTED BY CORRADI AIRPORT INC - DUE TO THE CANCELLATION OF THE ALZHEIMER'S FACILITY Item #16A13 A BUDGET AMENDMENT TO TRANSFER FUNDING FROM THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $78,125 TO THE BA YSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT FUND (163) - FOR THE NAPLES BOTANICAL GARDENS SIDEW ALK IMPROVEMENT PROJECT Item #16A14 Page 136 September 14, 2010 AN AGREEMENT BETWEEN COLLIER COUNTY AND OLYMPIA PARK OWNERS ASSOCIATION FOR THE CONVEY ANCE TO COLLIER COUNTY OF A TEMPORARY CONSTRUCTION EASEMENT RELATING TO THE V ANDERBIL T BEACH ROAD SIX-LANING PROJECT FROM EAST OF GOODLETTE-FRANK ROAD TO AIRPORT-PULLING ROAD. PROJECT NO. 66065. (FISCAL IMPACT $18.50) Item #16A15 AFTER THE FACT APPROVAL FOR THE SUBMITTAL OF FIVE 2010 TIGER II DISCRETIONARY GRANT APPLICATIONS, SPONSORED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR A TOTAL AMOUNT OF $87,839,075 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A16 THE RELEASE AND SATISFACTION OF ORDERS IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS (BCC) VS. T & A DOCKSIDE, INC., AND RELEASE OF CIVIL JUDGMENT IN THE ACTION ENTITLED BCC VS. CHARLES ALDERMAN, RELATING TO PROPERTY LOCATED AT 2891 BA YVIEW DRIVE, COLLIER COUNTY, FLORIDA- WAIVING $1,660 IN ACCRUED FINES Item #16A17 THE RELEASE AND SA TISF ACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY Page 13 7 September 14, 2010 COMMISSIONERS VS. AGA THONICOS G. P AMBOUKIS, CODE ENFORCEMENT BOARD CASE NO. CESD20090011000, RELATING TO PROPERTY LOCATED AT 201 SANTA CLARA DRIVE, UNIT 9 IN BUILDING 201, COLLIER COUNTY, FLORIDA - WAIVING $10,600 IN ACCRUED FINES Item #16A18 DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO ADD TO THE 2009-2010 COMBINED CYCLES OF GROWTH MANAGEMENT PLAN AMENDMENTS PROPOSED AMENDMENTS AFFECTING THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT OVERLAY, FUTURE LAND USE ELEMENT POLICY 5.1, OTHER PORTIONS OF THE FUTURE LAND USE ELEMENT, AND THE FUTURE LAND USE MAP AND MAP SERIES, SO AS TO MAKE BOTH SUBSTANTIVE AND HOUSECLEANING REVISIONS TO THE GROWTH MANAGEMENT PLAN - AS DET A TILED IN THE EXECUTIVE SUMMARY Item #16A19 THE COMMERCIAL EXCAVATION PERMIT NO. PL 20090000616, EX 59.814-1 "EAST NAPLES MINE, LOCATED IN SECTIONS 21 & 22, TOWNSHIP 49 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH AND WEST BY EXISTING QUARRY OPERATIONS AND VACANT LAND ZONED AGRICULTURAL, AND ON THE WEST & SOUTH BY VACANT LAND ZONED AGRICULTURAL - A(ST/WS4) - ISSUED TO JAMES A. BROWN Item # 16A20 Page 138 September 14, 2010 A BUDGET AMENDMENT IN THE AMOUNT OF $46,117.69 FOR TRAFFIC ACCIDENT REIMBURSEMENTS, PROJECT #60076.1, AND RECOGNIZING REVENUES FOR FUTURE REPAIRS - LANDSCAPE PROJECT FUND #112 Item #16Bl LOCAL ADVISORY BOARD MEMBERS AND CRA STAFF ATTENDANCE AT THE FLORIDA REDEVELOPMENT ASSOCIATION 2010 ANNUAL CONFERENCE; AUTHORIZING PAYMENT OF ATTENDEES REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE IMMOKALEE CRA TRUST FUND (FUND 186) TRAVEL BUDGET; AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - HELD OCTOBER 13-15,2010 ON ORLANDO Item # 16B2 AN AMENDMENT TO THE PREVIOUSLY APPROVED GRANT AGREEMENT BETWEEN THE CRA AND THE GREATER EASTERN COLLIER COUNTY CHAMBER OF COMMERCE, INC. (ECOC) ALLOWING FOR REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED IN CONNECTION WITH THE HARVEST FESTIV AL Item #16B3 AFTER THE F ACT APPROVAL FOR THE SUBMITTAL OF TWO 2010 COMMUNITY CHALLENGE PLANNING GRANT APPLICATIONS, SPONSORED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Page 139 September 14,2010 FOR A TOTAL AMOUNT OF $400,000 - FINAL SUBMITTAL DATE WAS AUGUST 23.2010 Item #16B4 A BUDGET AMENDMENT TO COVER COSTS ASSOCIATED WITH COLLIER COUNTY CONTRACT NUMBER 10-5402, IMMOKALEE STORM WATER MASTER PLAN IMPLEMENTATION, WHICH WILL REALLOCATE THE REMAINING CONTRACT BALANCE FROM STORMW A TER FUND 325 TO CRA FUND 186 IN THE AMOUNT OF $317.341.08 Item #16Cl BUDGET AMENDMENTS OF APPROXIMATELY $631,000 TO TRANSFER A LIFT STATION IMPROVEMENTS PROJECT FROM THE W ASTEW A TER CAPITAL PROJECTS FUND TO THE 2006 REVENUE BOND PROCEEDS FUND TO SEGREGATE THE PROJECTS FUNDED BY THE 2006 REVENUE BOND - PROJECT #72549 Item # 16C2 SUBMISSION OF AMENDMENT TWO TO THE STATE REVOLVING FUND LOAN AGREEMENT (DW #1111020) THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT LOWER HAWTHORN WELLS NUMBERS 18, 19, AND 20, PROJECT #71006, REDUCING THE AUTHORIZED LOAN AMOUNT BY $1.334.909 Page 140 September 14, 2010 Item #16C3 AN AGREEMENT WITH 850 NWN, LLC, AND CG II, LLC; RELEASE CERTAIN UTILITY EASEMENTS; AND ACCEPT REPLACEMENT UTILITY EASEMENTS AND ADDITIONAL ACCESS EASEMENTS FOR THE EXISTING SOUTH REVERSE OSMOSIS WELLFIELD IN AN AMOUNT NOT TO EXCEED $85,400, AND NECESSARY BUDGET AMENDMENT - FOR CITY GATE COMMERCE PARK PUD Item #16D1 AN ADDENDUM TO THE INTERLOCAL AGREEMENT FOR AGRICULTURAL EXTENSION AGENT SERVICES THAT CLARIFIES THE ORIGINAL AGREEMENTS START AND ANNUAL ANNIVERSARY DATES AND PROVIDES THAT THE UNIVERSITY OF FLORIDA'S LEAVE POLICIES APPLY AS TO THE EXTENSION AGENTS GOVERNED BY THE INTERLOCAL AGREEMENT AND AUTHORIZING THE CHAIRMAN TO SIGN Item # 16D2 AWARD INVITATION TO BID (ITB) #10-5561 ARRA GREEN LIGHTING SYSTEM RETROFITS IN THE AMOUNT OF $276,096 TO ELECTRICAL CONTRACTING SERVICES, INC., FOR THE PARKS AND RECREATION PROJECTS AT EAGLE LAKES COMMUNITY PARK Item # 16D3 Page 141 September 14,2010 A MODIFICATION TO DISASTER RECOVERY INITIATIVE AGREEMENT #08DB-D3-09-21-01-A03 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY TO REALLOCATE $95,613.46 IN UNUSED PROJECT FUNDS - REALLOCATED TO THE IMMOKALEE APARTMENTS' HURRICANE HARDENING PROJECT Item #16D4 AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION IN THE AMOUNT OF $2,488,228 BUDGETED IN FY2011 TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM FOR SERVICES PROVIDED ON BEHALF OF THE HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT IN ORDER TO GENERATE AN ADDITIONAL $449,227 IN FEDERAL MATCHING FUNDS- ALLOCATED TO COLLIER COUNTY HEALTH DEPARTMENT, DAVID LAWRENCE CENTER AND SOCIAL SERVICES Item #16D5 AN AMENDMENT TO A SUBRECIPIENT AGREEMENT (AGREEMENT) FOR DAVID LAWRENCE MENTAL HEALTH CENTER, INC. IN THE AMOUNT OF $93,000 USING 2009-2010 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. THIS AMENDMENT WILL EXTEND THE TERM OF THE AGREEMENT AND ALLOW PAYMENT FOR PSYCHIATRIC SERVICES - GRANTING A SECOND EXTENSION UNTIL DECEMBER 31~ 2010 Item # 16D6 Page 142 September 14, 2010 THE LIBRARY'S TECHNOLOGY PLAN AND THE CURRENT YEAR ACTION PLAN AND AUTHORIZING THE CHAIRMAN TO SIGN THE FY 2010-2011 STATE AID TO LIBRARIES GRANT APPLICATION, PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES - PRELIMINARY ESTIMATES SHOW THAT COLLIER COUNTY LIBRARIES COULD RECEIVE ABOUT $194,000 IN STATE AID Item # 16D7 FOUR (4) DISASTER RECOVERY INITIATIVE SUBRECIPIENT GRANT AGREEMENTS TO PROVIDE FUNDING FOR SPECIFIC STORMW A TER AND HURRICANE HARDENING PROJECTS PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS - FOR GOODLETTE ARMS LLC, IMMOKALEE CRA, BA YSHORE GATEWAY TRIANGLE CRA AND SCHOOL DISTRICT OF COLLIER COUNTY Item #16D8 AN AGREEMENT FOR INVITATION TO BID #10-5533 MODULAR HOMES TO IDYLL CONSTRUCTION, INC. FOR ACTIVITIES TO BE FUNDED UNDER THE DISASTER RECOVERY INITIATIVE - PROVIDING ENERGY EFFICIENT, QUALITY MODULAR HOMES TO PERSONS AND FAMILIES WHERE REPAIRING STORM-RELATED DAMAGE IS NOT FEASIBLE Item #16D9 Page 143 September 14, 2010 AN AMENDMENT TO THE ARRA 203.09 AGREEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. AND RECOGNIZING A REDUCTION IN FUNDING IN THE AMOUNT OF $15,000. THESE FEDERAL FUNDS ARE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - FOR UNINTERRUPTED SERVICES IN CONGREGATED MEALS AND HOME DELIVERED MEALS Item #16D10 AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. AND BUDGET AMENDMENTS REFLECTING AN OVERALL INCREASE OF $8,337 IN THE OLDER AMERICANS ACT PROGRAM- CONTRACT PERIOD FROM JANUARY 1,2010 THROUGH DECEMBER 31~ 2010 Item #16D11 AN AMENDMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA AND A BUDGET AMENDMENT DECREASING THE GRANT A WARD BY $6,346.60 FOR THE NUTRITION SERVICES INCENTIVE PROGRAM (NSIP) - ANTICAPTED REVENUE IS NOW $37,157.40 Item #16D12 Page 144 ___I September 14,2010 THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ENTITLEMENT FUNDING AGREEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SHELTER GRANT (ESG) FUNDS FOR FY 2010-2011 - ENTITLEMENT FUNDING FOR JULY 1~ 2010 THROUGH JUNE 30~ 2011 Item #16D13 SUBMITTAL OF A FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWCC) FOR A DERELICT VESSEL REMOVAL GRANT Item #16D14 AN AMENDED RELEASE OF LIEN TO CORRECT THE OFFICIAL RECORDS BOOK AND PAGE NUMBER RECORDED ON A PREVIOUS IMP ACT FEE DEFERRAL RELEASE OF LIEN Item #16D15 THREE (3) RELEASES OF LIEN FOR DEFERRAL OF 100 PERCENT OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - DEFERRING $5,557.70 FOR LOT 40, INDEPENDENCE PHASE II AND $7,629.98 FOR LOT 43~ JUBILATION SUBDIVISION Item #16D16 SATISFACTION OF MORTGAGE FOR AN OWNER OCCUPIED Page 145 September 14, 2010 AFFORDABLE HOUSING DWELLING UNIT THAT HAS SATISFIED THE TERMS OF ASSISTANCE PROVIDED - FOLIO #36610400006~ GOLDEN GATE ESTATES~ UNIT 1 Item #16D17 AN AMENDMENT TO THE HABITAT FOR HUMANITY OF COLLIER COUNTY ACQUISITION-REHABILIT A TION- RESALE SUBRECIPIENT AGREEMENT APPROVED ON SEPTEMBER 15,2009 (ITEM 16D3) FOR $460,000. THIS AMENDMENT WILL ALLOW FOR A REVISION OF THE AGREEMENT'S EXHIBIT A TO REFLECT THE FOLLOWING LANGUAGE CHANGE; ACQUISITION-REHABILIT A TION- RESALE TO STATE ONLY ACQUISITION, THE AMENDMENT WILL ALSO ALLOW FOR A THREE MONTH EXTENSION THROUGH OCTOBER 31~ 2010 Item #16D18 INVITATION TO BID (ITB) #10-5525 FOR HOME APPLIANCES TO BUSINESS SERVICES SOLUTIONS, AT AN ESTIMATED COST OF APPROXIMATELY $150,000 OVER A THREE YEAR PERIOD. PURCHASES WILL BE FUNDED BY THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) A WARDED TO THE HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT Item #16D19 RESOLUTION 2010-164: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SHELTER GRANT (ESG) Page 146 September 14,2010 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2009- 2010 AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), APPROVE THE CAPER RESOLUTION, AND AUTHORIZE THE CHAIRMAN TO CERTIFY THE CAPER FOR SUBMISSION TO HUD AND SIGN THE ATTACHED RESOLUTION Item #16D20 A LETTER OF UNDERSTANDING BETWEEN THE COUNTY AND NAPLES FUNERAL HOME FOR CREMATION SERVICES TO INDIGENT COLLIER COUNTY RESIDENTS - $60,000 OF GENERAL FUND DOLLARS ALLOCATED FOR THIS MANDATED SERVICE Item #16El SECOND AMENDMENT TO LICENSE AGREEMENT WITH ST. MATTHEWS HOUSE, INC., FOR THE CONTINUED USE OF PARKING SPACES AT THE GOVERNMENT CENTER, AT A TERM REVENUE OF $50 Item #16E2 - Withdrawn (Per Agenda Change Sheet) REJECT AWARD FOR INVITATION TO BID (ITB) #10-5511 FOR HARDWARE AND RELATED ITEMS Item # 16E3 THE COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN - EFFECTIVE Page 147 September 14, 2010 SEPTEMBER 14~ 2010 Item #16E4 SPECIAL SERVICE REVENUES IN THE AMOUNT OF $34,733.79 AND ALL NECESSARY FISCAL YEAR 2010 BUDGET AMENDMENTS - FOR BUILDING MAINTENACE PERFORMED BY FACILITIES MANAGEMENT Item #16E5 ASSUMPTION AGREEMENT FROM AECOM USA, INC., TO AECOM TECHNICAL SERVICES, INC., FOR COUNTY-WIDE ENGINEERING SERVICES - ATS PURCHASED THE ASSESTS OF AECOM ON MARCH 17~ 2010 Item #16E6 BID #10-5549 24-HOUR TOWING AND RECOVERY SERVICES FOR COUNTY VEHICLES AND EQUIPMENT TO MULTIPLE PRIMARY AND SECONDARY VENDORS IN THREE SEPARATE TOWING CAPACITY CATEGORIES WITH EXPENDITURES ESTIMATED AT $35,000 ANNUALLY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E7 ASSUMPTION AGREEMENT FROM EMC CORPORATION TO VMWARE, INC., FOR INFORMATION TECHNOLOGY SERVICE MANAGEMENT SOFTWARE (ITIL SOFTWARE SUITE) AND RELATED PROFESSIONAL SERVICES- VMW ARE, INC. PURCHASED THE ASSESTS OF EMC ON Page 148 September 14, 2010 APRIL L 2010 Item # 16E8 - Moved to Item # 1 OE (Per Commissioner Henning During Agenda Changes) Item #16E9 RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 10 Item #16Fl BOARD RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN ABSENTIA MEETING DATED AUGUST 24,2010) - SEE ITEMS #16FIA~ #16FIB AND #16FIC Item #16FIA BUDGET AMENDMENT IN THE AMOUNT OF $150,000.00, REALLOCATING FUNDS WITHIN THE FYI0 MANDATORY TRASH COLLECTION FUND OPERATING EXPENSE BUDGET TO PAY FOR DISPOSAL COSTS OF RESIDENTIAL CURBSIDE SOLID WASTE AT THE COLLIER COUNTY LANDFILL Item #16F1B AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF Page 149 September 14, 2010 COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE RECREATION PROGRAM PARTICIPANTS - EFFECTIVE UNTIL THE END OF FY2011 Item #16FIC AMEND PREVIOUS YEARS' ACTION PLANS; AUTHORIZING THE REPROGRAMMING OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDS; AND AUTHORIZING THE CHAIRMAN TO SIGN THE NOTIFICATION TO HUD TO USE REPROGRAMMED FEDERAL FUNDS FOR THE SINGLE F AMIL Y REHABILITATION (SFR) PROGRAM - ALLOWING HHVS TO EXPAND THE NUMBER OF CITIZENS ASSISTED BY SINGLE F AMIL Y REHABILITION PROGRAM Item #16F2 AFTER THE F ACT APPROVAL FOR THE SUBMITTAL OF A 2010 COMMUNITY CHALLENGE PLANNING GRANT APPLICATION, SPONSORED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR A TOTAL AMOUNT OF $1,000,000 - FINAL APPLICATION SUBMITTAL WAS AUGUST 23~ 2010 Item # 16F3 THREE GRANT AGREEMENTS FOR FYl1 TOURIST DEVELOPMENT TAX CATEGORY B MARKETING GRANTS TOTALING $44,000 SUBJECT TO FUNDING AVAILABILITY - RECOMMENDED FUNDING FOR ARTSNAPLES WORLD FESTIVAL ($15,000), CORRIGAN SPORTS ENTERPRISES Page 150 September 14, 2010 ($5,000), INC., AND UNITED ARTS COUNCIL OF COLLIER COUNTY ($24~000) Item #16F4 FIVE (5) FYll TOURIST DEVELOPMENT TAX CATEGORY C- 2 NON-COUNTY OWNED MUSEUM GRANT AGREEMENTS TOTALING $295,000 SUBJECT TO FUNDING AVAILABILITY - FUNDING FOR THE CHILDREN'S MUSEUM OF NAPLES, INC. ($100,000), FRIENDS OF ROOKERY BAY ($50,000), HOLOCAUST MUSEUM OF SW FLORIDA ($32,500), NAPLES ART ASSOCIATION, INC. ($37,500) AND NAPLES BOTANICAL GARDEN~ INC. ($75~000) Item #16F5 CHANGE ORDER #1 TO CONTRACT #09-5174 MANAGEMENT SERVICES FOR PELICAN BAY SERVICES DIVISION WITH DORRILL MANAGEMENT GROUP, INC. IN THE AMOUNT OF $18,960 ANNUALLY - DUE TO THE INCREASED HOURS NECESSARY TO ADMINISTER THE PBSD Item #16F6 COOPERATIVE PURCHASE OF EMERGENCY MEDICAL SERVICES PATIENT CARE REPORTING SOFTWARE PACKAGE AS AN EMERGENCY PROCUREMENT WITH IMAGETREND~ INC. - AGREEMENT #10-5557 Item #16F7 RESOLUTION 2010-165: A RESOLUTION APPROVING Page 151 September 14, 2010 AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #16Hl COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. BALANCE OF HOTEL CHARGES AND CAR RENTAL CHARGES FOR ATTENDING FACT FINDING TRIP TO THE JACKSON LABORATORY ON JULY 15,2010 IN BAR HARBOR, ME. $638 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 40 HOLLAND AVENUE Item #16H2 RESOLUTION 2010-166: CORRECTING AN APPOINTMENT TO THE EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD Item #16H3 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE 2010 EXCELLENCE IN INDUSTRY AWARDS LUNCHEON AT THE NAPLES HILTON IN NAPLES, FL ON SEPTEMBER 21,2010. $50 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH Item #16H4 Page 152 September 14, 2010 COMMISSIONER HENNING'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A V ALID PUBLIC PURPOSE. ATTENDED THE CBIA MIXER EVENT JULY 14, 2010 AT 1450 AIRPORT ROAD NORTH, NAPLES, FL. $10 TO BE PAID FROM COMMISSIONER HENNING'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 153 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 14,2010 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Big Cypress Stewardship District: FY 10-11 Meeting Dates. B. Minutes: 1) Airport Authority: Minutes of April12, 2010; May 10,2010; June 14,2010. 2) Collier County Code Enforcement Board: Minutes of May 27, 2010. 3) Collier County Planning Commission: Minutes of May 20,2010; June 3, 2010. 4) County Government Productivity Committee: Agenda of June 2, 2010 Special Meeting; June 7, 2010 Special Meeting; June 11,2010 Jackson Labs Financing Subcommittee; June 16,2010; July 7,2010 Jackson Labs Financing Subcommittee; July 12, 2010 Special Meeting. Minutes of June 2, 2010 Jackson Labs Sub-Committee; June 7, 2010 Special Session; June 11,2010 Finance Sub-Committee; June 16, 2010; July 7, 2010; July 12,2010. 5) Historical! Archaeological Preservation Board: Agenda of July 21,2010. 6) Land Acquisition Advisory Committee: Minutes of June 14,2010. 7) Lely Golf Estates Beautification Advisory Committee: Agenda of February 18,2010; March 18,2010; April 15, 2010; May 20, 2010; July 15,2010. Minutes of January 21,2010; February 18,2010; March 18,2010; April15, 2010; May 20,2010. ( 8) Radio Road Beautification Advisory Committee: Agenda of March 16,2010; April 20, 2010. Minutes of February 16,2010; March 16,2010; April 20, 2010. C. Other: 1) Collier County Code Enforcement Special Magistrate: Minutes of June 4, 2010. 2) Collier County Special Magistrate Intersection Safety Program: Minutes of June 7, 2010. September 14, 2010 Item #16Jl DISBURSEMENTS FOR THE PERIOD OF JULY 17,2010 THROUGH JULY 23, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF JULY 24,2010 THROUGH JULY 30, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 DISBURSEMENTS FOR THE PERIOD OF JULY 31, 2010 THROUGH AUGUST 6, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF AUGUST 07,2010 THROUGH AUGUST 13,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 DISBURSEMENTS FOR THE PERIOD OF AUGUST 14,2010 THROUGH AUGUST 20,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J6 Page 154 September 14, 2010 DISBURSEMENTS FOR THE PERIOD OF AUGUST 21,2010 THROUGH AUGUST 27,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J7 DISBURSEMENTS FOR THE PERIOD OF AUGUST 28, 2010 THROUGH SEPTEMBER 3,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl RESOLUTION 2010-167: THE COUNTY ATTORNEY'S OFFICE 2011 FISCAL YEAR PAY AND CLASSIFICATION PLAN, WHICH IS IDENTICAL TO THE CURRENT APPROVED PLAN Item #16K2 A CONTRACT FOR JAMES LALUMIERE OF PDI, FOR EXPERT CONSULTING SERVICES IN THE AMOUNT OF $85,500 IN THE CASE STYLED COLLIER COUNTY V. JOHN CARLO, INC., CASE NO. 09-8724-CA (RATTLESNAKE HAMMOCK ROAD IMPROVEMENT PROJECT NO. 60169) (FISCAL IMPACT $85,500) Item #16K3 A CONTRACT WITH JAMES LALUMIERE OF PDI, FOR EXPERT CONSULTING SERVICES IN THE AMOUNT OF $87,500 FOR THE CASE STYLED JOHN CARLO, INC. V. COLLIER COUNTY, FLORIDA, CASE NO. 07-311-CA (IMMOKALEE ROAD IMPROVEMENT PROJECT NO. 66042) Page 155 September 14,2010 (FISCAL IMPACT $87~500) Item #16K4 A CONTRACT WITH SAM LEE, HHCP, FOR EXPERT CONSULTING SERVICES TO THE COUNTY IN THE AMOUNT OF $75,000 FOR THE CASE OF 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 AN ADDITIONAL $75~000) Item #16K5 RATIFICATION OF THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT WITH THOMAS C. CURRY Item #16K6 A SETTLEMENT AGREEMENT AND MUTUAL GLOBAL RELEASE WITH AND TO EMBARQ, INC., EMBARQ COMMUNICATIONS, INC. (NOW KNOWN AS CENTURYLINK), AND WORKMAN SERVICES, INC. THAT SETTLES IN FULL THE LITIGATION STYLED: BOARD OF COUNTY COMMISSIONERS V. EMBARQ, INC., EMBARQ COMMUNICATIONS, INC., AND WORKMAN SERVICES, INC., CASE NO. 10-00090-CA, NOW PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY~ FLORIDA Item #16K7 Page 156 September 14,2010 RESOLUTION 2010-167A: FORMALLY ACCEPTING THE IMPROVEMENTS BUILT BY THE MARCO ISLAND HISTORICAL SOCIETY WHICH NOW COMPRISE THE MARCO ISLAND MUSEUM COMPLEX, INCLUDING THE ROSE HISTORY AUDITORIUM, AND AUTHORIZES THE LEASING OF THE ROSE HISTORY AUDITORIUM BACK TO THE MARCO ISLAND HISTORICAL SOCIETY; AND (2) TO APPROVE BOTH A MEMORANDUM OF UNDERSTANDING AND A LONG-TERM LEASE WITH THE MARCO ISLAND HISTORICAL SOCIETY WITH RESPECT TO THE NEW MARCO ISLAND HISTORICAL MUSEUM Item #16K8 ORDER BY BRENDA C. GARRETSON, SPECIAL MAGISTRA TE/ HEARING OFFICER, AND AWARDING A MANAGEMENT SERVICES CONTRACT FOR THE COLLIER AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT PROGRAMS TO LIMOUSINES OF SOUTH FLORIDA, INC., DOING BUSINESS AS TECTRANS, INC., FOR AN ESTIMATED ANNUAL AMOUNT OF $6~092~167 Item # 16K9 INCREASING A PURCHASE ORDER TO HAHN LOESER TO ADD AN ADDITIONAL $150,000 TO THE CURRENT $100,000 CAP FOR THE HUSSEY V. COLLIER COUNTY LITIGATION CASES, PAID BY FUNDS CURRENTLY WITHIN THE COUNTY ATTORNEY'S APPROVED BUDGET - DUE TO CONTINUED LITIGATION SERVICES IN THE CASE OF HUSSEY V. COLLIER COUNTY Page 157 September 14, 2010 Item #17A ORDINANCE 2010-35: A SCRIVENER'S ERROR, SE-2008-AR- 13623, AMENDING ORDINANCE NUMBER 07-34, FOR THE KAICASA RPUD. THE SCRIVENER'S ERROR RESULTED IN THE OMISSION OF SECTION 12 OF THE LEGAL DESCRIPTION. THE PROPERTY IS LOCATED IN SECTION 12 AND SECTION 13, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY~ FLORIDA Item #17B RESOLUTION 2010-168 (DISTRICT 1) AND RESOLUTION 2010-169 (DISTRICT 2): THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND AND THE CITY OF EVERGLADES CITY PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $18~319~000 Item #17C RESOLUTION 2010-170: AMENDMENTS (APPROPRIATING Page 158 September 14, 2010 CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:06 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 A TTES~'~'~";"7'-'>'~;J Dw~~f~Y.~&QK,CLERK ~ ~~/\n~:-;..';'.:?'..'~"~.....':.t%?y\'IJ" 'j ~ ~.', :'1-. ,. "-'~'i,,:: : . .~... 'I'. ... .,",.; - .,'\i. ' :-- . :::..;-.j.:'.'. ff. .-.,,- , ;h;~~~~~pproved by the Board on l-e(~b.v IZ as presented V or as corrected HJ 1'\ · . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 159