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Agenda 04/24/2012 Item #16K1Proposed Agenda Changes Board of County Commissioners Meeting April 24, 2012 Move Item 16B1 to Item 14131: Recommendation to provide "after- the - fact" approval of the submission of the attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking grant funding in the amount of $360,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC). (Commissioner Henning's request) Move Item 16C1 to Item 11E: Recommendation to approve a work order in the amount of $648,324.35 to Haskins, Inc., for construction tasks set forth in Request for Quotation 08- 5011 -60, Davis Boulevard from Santa Barbara Boulevard to Radio Road. (Commissioner Coyle's request) Move Item 16J5 to Item 13A: Recommendation that the Board accept the investment status update report for the quarter ending March 31, 2012. (Commissioner Fiala's request) Add Item 16J6: Recommend that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2012 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. (Sheriffs Department requires Board approval in order to continue in the capacity of local coordinating agency receiving the Edward Byrne Memorial JAG grant funding.) Move Item 16K1 to Item 12A: Recommendation pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are all being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Hiller's request) 4/24/2012 Item 16.K.1. EXECUTIVE SUMMARY Recommendation pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, Twentieth Judicial Circuit in and for Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) directs the County Attorney to defend Mr. Curry and Mr. Vergo in a suit brought by a tenant at the Immokalee Regional Airport. CONSIDERATIONS: Collier County Resolution No. 95 -632 sets forth the Board's policy with regard to providing a defense and paying legal expenses of "County persons" who are sued individually in lawsuits. The term "County person(s)" includes the Collier County Airport Director and his staff. A copy of both the Complaint and Resolution No. 95 -632 are attached. Briefly stated, the Complaint alleges that Mr. Fletcher, a long -time tenant at the Immokalee Regional Airport, is being treated unfairly and harassed by both Mr. Curry, the Executive Director of the Airport Authority, and Mr. Vergo, the Manager of the Immokalee Regional Airport. The Complaint seeks "a permanent injunction to restrain the improper, discriminatory and harassment of Plaintiffs," together with a declaration of the respective rights of the parties. Although the Complaint is against Mr. Curry and Mr. Vergo in their individual capacity only, the Plaintiffs specifically reserve their right to later amend the Complaint to include claims against the Collier County Board of County Commissioners "in the event that Vergo's and Curry's actions as alleged here occurred with the authority of the CCAA" (the Collier County Airport Authority) and/or the Commissioners or Curry and/or Vergo are found to have acted within their authority as employees of the CCAA." In accordance with Resolution No. 95 -632 and current Florida law, County persons sued in civil actions and civil rights lawsuits may be provided representation if the litigation involving the person(s) to be represented: (1) arose out of or in connection with the performance of official duties and (2) while the County person was serving a valid public purpose. If the Board makes such findings, the representation can either be by hiring outside counsel, or through the Office of the County Attorney. The County Attorney strongly recommends that the Board provide such representation, as failure to do so will send a chilling message to all County managerial employees. FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained in a case such as this would likely run in the neighborhood of $250.00 to $300.00 per hour. By directing the County Attorney to undertake such representation, costs will be minimized. Non - labor costs and fees (such as depositions) are expected to be relatively minimal, and will be assessed against the Airport Authority. This matter will be brought back to the Board should a conflict of interest arise between the defendants or between the County and either or both of the defendants. Packet Page -1220- 4/24/2012 Item 16.K.1. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board direct the County Attorney to defend Mr. Curry and Mr. Vergo in a suit brought by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Regional Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Se7 -vice, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, Twentieth Judicial Circuit in and for Collier County, Florida. SUBMITTED BY: Jeffrey A. Klatzkow, County Attorney Packet Page -1221- 4/24/2012 Item 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. Item Summary: Recommendation pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are all being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, Twentieth Judicial Circuit in and for Collier County, Florida. Meeting Date: 4/24/2012 Prepared By Name: CrotteauKathynell Title: Legal SecretaryCounty Attorney 4/13/2012 4:45:40 PM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 4/16/2012 2:00:39 PM Name: KlatzkowJeff Title: County Attorney Date: 4/16/2012 3:45:14 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/17/2012 10:36:50 AM Packet Page -1222- 4/24/2012 Item 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA STEPHEN J. FLETCHER, AND FLETCHER FLYING SERVICE, INC, a Florida Corporation, Plaintiffs, V. THOMAS C. CURRY; and THOMAS VERGO. Defendants. C OPY CASE NO. iaCqua�( w == v COMPLAINT Plaintiffs, Stephen J. Fletcher ( "Fletcher ") and Fletcher Flying Service, Inc. OFFS"), sue Defendants, Thomas C. Curry ( "Curry") and Thomas Vergo ( "Vergo ") and state: JURISDICTION 1. This is an action for permanent and temporary injunctive relief to restrain Defendants b from harassing, abusing, injuring, or otherwise violating the lawful rights of Plaintiffs and for a declaratory judgment and; as such, is within the proper jurisdiction of this Court. 2. Plaintiff, Fletcher, is a resident of Hendry County, Florida. I Plaintiff, FFS, is Florida for profit corporation, with its principal place of business in Hendry County, Florida. Packet Page -1223- o M, 0 '•G r'3 nv r 3 CD w == v COMPLAINT Plaintiffs, Stephen J. Fletcher ( "Fletcher ") and Fletcher Flying Service, Inc. OFFS"), sue Defendants, Thomas C. Curry ( "Curry") and Thomas Vergo ( "Vergo ") and state: JURISDICTION 1. This is an action for permanent and temporary injunctive relief to restrain Defendants b from harassing, abusing, injuring, or otherwise violating the lawful rights of Plaintiffs and for a declaratory judgment and; as such, is within the proper jurisdiction of this Court. 2. Plaintiff, Fletcher, is a resident of Hendry County, Florida. I Plaintiff, FFS, is Florida for profit corporation, with its principal place of business in Hendry County, Florida. Packet Page -1223- 4/24/2012 Item 16.K.1. 4. Defendant, Curry, is a resident of Collier County Florida and the Executive Director of the Collier County Airport Authority ( "CCAA "), which agency has its official headquarters in Collier County, Florida. 5. Defendant, Vergo, is a resident of Collier County, Florida and the Airport Manager of Immokalee Airport (" EW ), which is located in Collier County, Florida and. is under the auspices of the CCAA, which agency has its official headquarters in Collier County, Florida. 6. At all times Vergo and Curry were employees of the CCAA_ 7. Plaintiffs reserve the right to amend to assert additional claims and/or defendants as appropriate. In particular, Plaintiffs anticipate that it may be necessary to allege claims against, The Collier County Board of Commissioners (the Commissioners "), as a political subdivision of the State of Florida and the governing body of the Collier County Airport Authority, in the event that Vergo's and Curry's actions as alleged here occurred with the authority of the CCAA and/or the Commissioners or Curry and/or Vergo are found to have acted within their authority as employees of the CCAA. 8. The actions complained of occurred in Collier County, Florida. 9. Venue is proper in Collier County, Florida. FLETCHERAND FFS HAVE EXTENSIVE EXPERIENCE AND PROVIDE VALUABLE SERVICES TO THE CITIZENS OF COLLIER and HENDRY COUNTIES AND ELSEWHERE AND ARE AN EMPORTANT REVENUE SOURCE AT TMM 9. Fletcher is a licensed commercial pilot and the founder and President of FFS. 10. Fletcher is an experienced pilot, fort licensed in 1972, certified to operate a variety of aircraft and who has over 30,000 hours of flight time in all aircraft as the pilot in command. 2 Packet Page -1224- 4/24/2012 Item 16.K.1. I.I. Fletcher has extensive experience and expertise in aerial crop dusting and spraying throughout the United States as well aerial fire fighting operations for the Bureau of Land Management, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, U.S. Forest Service, as well as for various states. 12. On information and belief, FFS is the only provider of aerial agricultural spraying and fire services in Collier County. 13. Additionally, Fletcher is a Chamber Member of the National Agricultural Aviation Association; the Federal Government Contractors Group; and a member of the Gulf Citrus Growers Association, 14. Fletcher and FFS have conducted valuable and necessary aerial spraying, commonly known as crop dusting, to the citizens and businesses of Collier, Hendry and numerous other Counties for over 30 years. As recognized by the Collier County Board of Commissioners in the Executive Summary, Agenda Item No. 16B3, March 9, 20I0, "aerial ... applications," such as those provided by FFS and Fletcher are an "essential community service." 15_ By way of example, Philip A. Stansly, Professor of Entomology at the University of Florida, Institute of Food and Agricultural Sciences, recognized Fletcher and FFS for playing a "key role ... in the welfare and continued economic viability of the agricultural community in southwest Florida." See Exhibit "A." Professor Stansly specifically identified and recognized Fletcher's "diligence and technical expertise" as an important factor in the success of the "cooperative area wide spraying program," which since 2008 has, according to Professor Stansly, obtained "almost 100% coverage of citrus acreage in 3 Packet Page -1225- Ca 4/24/2012 Item 16.K.1. the area, reduced vector [dangerous insect] population to low levels and served as a model for the rest of the state." Exhibit "A." 16. Since approximately 1980, Fletcher and. FFS have conducted operations at 1MM. As noted, these operations benefit not just only the residents and businesses of Collier County, but those of southwest Gulf region as well. 17. In fact, even Vergo, by letter dated February 17, 2011, . recognized and thanked Fletcher for his "interest in maintaining a safe operating environment [within his hangar /storage space at Rv M]." Exhibit `B." Vergo made those comments in a letter advising Fletcher that after an inspection of his facility, RYB4 staff found: "No safety or non - compliance issues within your teased t- hangar storage unite during the scheduled safety and compliance inspections." 18. As such the public interest is served and will continue to be served if Fletcher and FFS are permitted to continue to operate at 1MM without unreasonable interference and harassment. FLETCHER AND FFS ARE TREATED AS SECOND CLASS CITIZENS AT IMM DESPITE THIS VALUABLE SERVICES AND REVENUE THEY PROVIDE 19. FFS rents: (i) a bulk hangar at the rate of 51558.05 per month; (ii) a storage unit for $169.96 per month; and (iii) and a staging area for $6753 a month (including tax). Despite being a loyal and, as explained below, the largest single revenue producing business at IIvML HAM and the CCOA, through Vergo and Curry, have repeatedly refused to give FFS a long -term hangar lease, despite repeated requests to do so and even though many other aeronautical and other business are provided such long -term leases. This is only one of many examples whereby Fletcher and FFS have been singled out for unfair, improper or disparate treatment. H Packet Page -1226- 4/24/2012 Item 16.K.1. 20. Moreover, and importantly, FFS is one of the largest single sources of revenue at DAM. FFS is the largest single purchaser /user of jet fuel — "Jet A" (FFS's aircraft are turboprops, which mean they have a jet engine that drives the aircraft's propeller and thus use jet fuel as opposed to regular aviation fuel). 21. FFS bought approximately 86% of the Jet A in 2010 and close to 90% in 2011. 22. The March 2009 the Airport Master Plan Update for Immokalee Regional Airport addressed the historical aviation fuel and Jet -A fuel revenue/sales. As set forth in Section Four, as a result of FFS' crop dusting and regional firefighting services, fuel revenues increased dramatically. 23. Despite taking such a confrontational position, even Curry had to admit the tremendous revenue provided by FFS. In fact, Curry recognized in his November 16, 2011 letter that: "It is quite apparent that you are the primary user of Jet A fuel on Immokalee Regional Airport. Your business is responsible for approximately 86% of Jet A fuel purchased at the Airport in 2010." Ex. "C" Curry's letter includes a chart setting forth FFS fuel purchases for the years 2008 -2010. 24. Notwithstanding the valuable services Fletcher and FFS have provided, not to mention the revenue they have generated for INIM and CCAA, Defendants have engaged in a systematic campaign of harassment seeldng, ultimately, to force Fletcher and FFS out of i Kim 25. Because of the location of the agricultural businesses that require aerial spraying operations, it is not practicable for FFS operate far from IIvfM. Should FFS, be forced to trove because of the unjustified and improper actions of Defendants, the local agricultural community will suffer. S Packet Page -1227- 4/24/2012 Item 16.K.1. CURRY AND VERGO UNDERTAKE AN UN3UST UD CAMPAIGN OF HARASSMENT AGAINST FLETCHER AND FFS 26. As noted, FFS has operated at 84M since approximately 1980. From that time until late 2010, Fletcher and FFS on the one hand and IMM: on the other enjoyed a positive and productive relationship. In fact, as explained more fully below, James Kenny, WM's Airport Manager from approximately 2006 to 2010, has provided correspondence in support of Fletcher and FFS's operations. As Mr. Kenney makes clear, Fletcher and FFS have had authority to conduct certain operations at Ilv1M for years, notwithstanding Curry's and'Vergo's unjustified claims to the contrary. See Exhibit "D." 27. Fletcher and FFS also had good relations with Ms. Penny Phillips, the Interim Airport Director. 28. Fletcher and FFS' cooperative and productive working relationship. with IMM ended shortly after Curry was hired as the Executive Director of the CCAA on or about September 15, 2010. FLETCHER AND FFS ARE SUBJECTED TO UNFAIR AND EXCESSIVE FUEL FLOW CHARGES 29. Perhaps the first salvo of harassment after Curry was hired occurred. when IMM and the CCAA imposed excessive and unreasonable fuel flow charges. A fuel flow charge is a fixed levy on fuel delivered. For example, a typical fuel flow charge might be two cents per gallon for each gallon of fuel delivered_ 30. Because of the nature of its business FFS had to purchase a fuel truck at great expense. In late 2010, early 2011, IMM imposed an excessive fuel flow fee of 20 cents per gallon, which fee caused undue expense and hardship on FFS as the largest single user of fuel at 0 Packet Page -1228- 4/24/2012 Item 16.K.1. 31. The 20 cents for gallon fuel flow fee was excessive and unreasonable. Most similarly situated airports either charge no fuel flow fee or a fee of one to five cents per gallon. 32. As part of his campaign of harassment, Curry attempted to improperly (and against FAA regulations) prohibit Fletcher from self - fueling his aircraft. After Fletcher sought FAA intervention against Curry's improper and unjustified actions, Curry wrote to the Airport Program Manager for the FAA on December 17, 2010 in an attempt to justify his actions. Ex. "E ". By his letter, Curry claims that Fletcher was not prohibited from self - fueling (which was not true) but that a self- fueling permit was required. Curry then states that there is no record of Fletcher having a self- fueling permit. However, and this is the important point, RVIM had apparently never required such a permit for Fletcher or anyone else as Curry admits in his letter that he has "designed" a self fueling permit that he is now attaching as an appendix to the airport rules and regulations. Obviously, therefore, the airport had never before required a self - fueling permit — given the fact that Curry had to "design" the permit application. This is but one more example of Curry first harassing Fletcher and FSS before checking to see if they were behaving properly or consistently with long - standing airport practice. CURRY U4WROPERLY REVOKES FFS'S DRIVING PRIVILEGES AT IMM 33. The next example of harassment came with respect to FFS's general vehicle operating privileges, which were unjustifiably revoked by Curry, without due regard for Fletcher and FFS's lawful rights. 34. Curry's actions in revoking FFS's driving privileges at RVIM were unreasonable, vexatious and an abuse of his position and power, as evidenced by the fact that the Board reinstated FFS's driving privileges shortly thereafter. 7 Packet Page -1229- 4/24/2012 Item 16.K.1. 35. The incident that provoked Curry to improperly revoke FFS's driving privileges occurred on October 3, 2011. At that time, Fletcher was a passenger in a vehicle being driven by Tim Nance, a candidate for the Board. As part of his campaign to harass FFS and Fletcher, Curry seized on this incident to fabricate a violation where none existed and, ultimately, without any regard for Fletcher and FFS's due process or other rights, revoked FFS's driving privileges. 35. BAM is an uncontrolled general aviation airport. Thus, it does not have a control tower or ground control. In other words, vehicles on the airport do not have to request and receive permission to move about the airport. 37. An email Vergo sent to Lt. Drew Lee on October 4, 2011 illustrates Vergo's improper motive and actions. Exhibit "F." Therein, Vergo explains that he wanted to "press full charges" against Fletcher and other occupants of the vehicle. This is an important point, Vergo's first reaction was to press charges against FFS and Fletcher, not to discuss the matter and hear Fletcher's side, as would be expected if the intent was to work amicably and productively. 38. Importantly, the officer who later stopped the vehicle is reported by Vergo as refusing to press charges because the officer[s] "did not witness any alleged offenses," "One of the individuals was a tenant of the Airport." And the officer[s] "did not know that [airport driving rules were] enforceable ...." Exhibit "F" 39. This letter points out that Vergo was unilaterally attempting to impose his extreme interpretation of the rules on FFS and Fletcher. This is because the officers did not feel that charges were appropriate because a tenant, Fletcher, was involved and the rules that Vergo were trying to discriminately enforce against Fletcher had not been used or i Packet Page -1230- 4/24/2012 Item 16.K.1. interpreted in the manner Vergo was attempting to in the past. It is understood and believed that this was the first and only attempt to impose such an extreme interpretation of the rules. Apparently, the officers had much more sense and discretion than Vergo, as they did not take the action Vergo demanded. 40. Presumably because Vergo could not coerce the officers to charge Fletcher, Curry revoked FFS's driving privileges by letter dated October 19, 2011, without affording Fletcher or FFS any prior warning or opportunity to be heard Exhibit "G." 41. Shortly thereafter, at a meeting of the CCBC, at which Fletcher and others spoke on his behalf, on or about October 27, 2011, the CCBCC rescinded Curry's improper revocation of Fletcher's driving privileges. 42. During the period his driving privileges were revoked, Fletcher was forced to rent a plane at considerable expense as he was unable to access his aircraft at MIM. 43. Nevertheless, and in the interest of cooperation and amicably resolving any disputes, Fletcher advised his chemical suppliers, vendors and customers on how to properly access, enter and drive while at iMM. For example, see Ex "H," an October 25, 2011 tenor from FFS to Helena Chemical Co. 44. That same day, Fletcher, again in the interest of cooperation and amicably resolving any disputes, wrote to Curry agreeing to work with Curry and BM to ensure safe operations and requesting clarification and information to be able to so operate in the future. 45. On or about November 14, 2011, Tim Nance issued a press release completely refuting Curry's view of the event and, as noted, the Board reinstated FFS's driving privileges. E Packet Page -1231- 4/24/2012 Item 16.K.1. 46. Nonetheless, in the spirit of cooperation and to try and defuse the situation, FFS and Fletcher took steps instruct suppliers and others who make deliveries or need to come to FFS's facilities at IMM on how to properly access, enter and drive while at W& FLETCHER IS WRONGLY ACCUSED OF AN UNSAFE LANDING 47. The next salvo of harassment came by letter from Vergo on October 28, 2011. Exhibit "L" Therein, Vergo wrongly claimed that Fletcher improperly landed in the grass area before Runway 36 tat BBMl. 48. It was long- standing practice and procedure that airport users at DAM could and did land on the turf routinely, with the understanding that such activities were at their own risk- For example, past tenants such as High Soaring and Everglades Soaring, Inc. routinely operated on the turf areas. 49. Moreover, the grass/turf areas have long been used by SW Florida Flight Instructors. 50. Additionally, on November 09, 201, 1, Vernon Conly sent an email (Ex. "J") to the CCC explaining that he personally had conducted grass operations at IMM in 1984 and had personal knowledge of others also conducting grass operations at WM. 51. Notwithstanding this long- standing activity and permitted use, and, as set forth below, Fletcher's specific authority to conduct such activities, Vergo is understood to have wrongly initiated a complaint with the FAA. against Fletcher for conducting turf takeoffs and landings. 52. In fact, Fletcher had long - standing permission to operate aircraft on the turf areas of RAM, which Vergo would have learned had he bothered to first contact Fletcher or James Kenney, the prior Airport Manager, before wrongly accusing Fletcher of improper or unsafe operations. /` 10 Packet Page -1232- 4/24/2012 Item 16.K.1. 53. As Mr. Kenney explains in his November 1, 2011 letter, Fletcher and FFS had his express authority as the RvIM Airport Manager to operate in the grass areas in question. See Exhibit "D." 54, importantly, that authority had never been rescinded, either verbally or in writing, at any time prior to Vergo's October 28, 2011 letter. 55. Moreover, at no point was a NOTAM issued rescinding the right to conduct turf operations. 56. Vergo also claimed or implied by his October 28, 2011 letter that Fletcher's landing was improper and dangerous given. the location of vehicles and personnel that were conducting an airport inspection at the time. 57. In fact, there were no NOTAM's (Notices to Airmen) posted at that time for IMM to alert pilots that persons and equipment would be operating in the area in question. 58. In other words, Vergo wrongly accused Fletcher of landing near personnel and equipment, even though Vergo or those under his and Curry's watch had failed to file the necessary NOTAM to alert pilots like Fletcher that such activity was ongoing. 59. Furthermore, Vergo and/or Curry could have closed the runway or issued appropriate notices, which they did not do. 60. Vergo additionally wrongly accused Fletcher of landing using a non - standard traffic pattern. R%I[M like other uncontrolled airports has a designated preferred traffic pattern, or method of approaching the field and landing. As with the unfounded claim that Fletcher wrongly landed on the grass, Fletcher and FFS had long- standing permission to operate in non - standard traffic patterns. See Exhibit "D" James Kenney's November 1, 2011 letter. 11 Packet Page -1233- 4/24/2012 Item 16.K.1. FLETCHER REFUTED EACH OF VERGO'S CLAIMS 61. Vergo's unjustified harassment of Fletcher and FFS is further supported by his Vergo's failure to reasonably review and verify the true facts and history before leaping to wrongly accuse Fletcher and FFS of unsafe or improper operations. 62. As with the actions described here, Vergo never bothered to first speak with Fletcher or otherwise try and resolve any concerns. Instead, Vergo seized on the opportunity to use his position to harass Fletcher and FFS improperly and unfairly. 63. Each of Vergo's unfounded claims in his October 28, 2011 letter were exposed and refuted by Terry L. Carbonell, Esq.. in her November 3, 2011 letter to Vergo. Exhibit "K.- Vergo and Curry apparently realized their error in wrongly accusing Fletcher because, to date, they have not bothered to respond to Carbonell's letter. 64. Curry CURRY HAS REPEATED AND MPROPERLY DISPARAGED FLETCHER AND FFS IN THE MEDIA 65. In addition to the above letters and. complaints against Fletcher, Curry has improperly used his position to repeatedly attack and harass Fletcher and FFS in the media. 66. For example, Curry and the other Defendants have given interviews and otherwise sought to wrongly defame and harm Fletcher and FFS and their business relationships by, among other things, claiming or implying that FFS aircraft have been left unattended causing an unsafe condition and in violation of FAA rules. 67. In fact, the aircraft in question were left with their brakes locked on, and the propeller feathered, or in other words, with the engine not in gear so to speak, such that the propeller is turning at slow speed and producing no thrust. 12 Packet Page -1234- 4/24/2012 Item 16.K.1. 68. Fletcher had periodically operated in this manner for years without complaint or objection by airport staff, that is until Defendants began their campaign of harassment. 69. Moreover, Fletcher is not aware of any FAA rule or regulation prohibiting such activities. 70. Notwithstanding these facts, Curry has made unjustified and unsupported complaints with FAA against Fletcher. It is understood that the FAA closed the file on these complaints without finding a violation. VERGO WASTES AIRPORT RESOURCES VIDEOTAPING AND T1dPROPERLY SURVIEILLING FLETCHER 71. Vergo has spent considerable time conducting surveillance of Fletcher and FSS's activities and/or videotaping as part of the campaign of harassment. 72. Such activity is unnecessary, improper and a waste of County resources as they take away from his proper duties. 73. Any such video or audio recording of Fletcher, FSS's employees, vendors, customers or others, was done without their permission or authority. 74. Plaintiffs have retained undersigned counsel and agreed to pay its attorneys' fees and 10 75. All conditions precedent to bringing this action have been performed or waived. COUNT I — PERMANENT INJUNCTION 76. Plaintiffs reallege paragraphs 1 through 75. 77. This is an action by Plaintiffs against Defendants, and each of them, for the imposition of a permanent injunction to restrain the improper, discriminatory and harassment of Plaintiffs. 13 Packet Page -1235- 4/24/2012 Item 16.K.1. 78. Defendants' actions have been deliberate, reckless or without reasonable review, investigation or regard for Fletcher's and FFS's lawful rights and constitute harassment by the overzealous, improper or bad faith use of their public position and powers such that Plaintiffs are entitled to and should be afforded the protection of injunctive relief. 79. Defendants have and continue to harass, abuse, injure, or otherwise violate the lawful rights of Fletcher and FFS by engaging in. actions under the color of office that are unauthorized by law and motivated primarily by spite, malice, or ill will. 80. As such, in equity and good conscience the Plaintiffs should be protected against further harassment. 81. As a result of the actions of Defendants has set forth here, Plaintiffs have and will face the Iikelihood of irreparable harm. 82. Plaintiffs lack an adequate remedy at law. 83. Plaintiffs have a substantial likelihood of success on the merits. 84. The threatened injury to Plaintiffs outweighs any possible harm to Defendants. 85. Granting of injunctive relief will not disserve the public interest. To the contrary, the public interest will be served and should be served by preventing and restraining the harassment of Fletcher and FFS. WHEREFORE, it is respectfully requested that the Court grant a temporary injunction enjoining the defendants, individually and collectively, their members, agents, employees, and representatives and all others in active concert with them, from the above - described unlawful and/or improper acts and conduct and upon final hearing, issue a permanent injunction in like terms and effect as the temporary injunction; award plaintiffs costs of suit; and grant such other and further relief as the court deems proper. 14 Packet Page -1236- 4/24/2012 Item 16.K.1. COUNT II - DECLARATORY RELIEF 86, Plaintiffs reallege paragraphs 1 through 75. ' 87. This is an action by Plaintiffs against Defendants, and each of them, for declaratory relief. 88. There is a bona fide, actual, present, practical need for a declaration of Plaintiffs' rights on the one hand and Defendants' improper and harassing actions on the other. 89. The declaration sought concerns a present, ascertained, or ascertainable state of facts or present controversy as to a state of facts. 90. An immunity, power, privilege, or right of the Plaintiffs is dependent on the facts or the law applicable to the facts. a 91. Plaintiffs have, or reasonably may have, an actual, present, adverse, and antagonistic interest in the subject matter, either in fact or law. 92. The antagonistic and adverse interests are all before the court by proper, and 93. The relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. 15 Packet Page -1237- 4/24/2012 Item 16.K.1. WHEREFORE, it is respectfully requested that the Court issue a declaratory judgment setting forth the relative rights of the parries; award plaintiffs costs of suit; and grant such other and f ether relief as the court deems proper. The Law Offices of Kelly Reagan, P-A, 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 (561) 988 -2629 Telephone (561) 997 -9392 Facsimile e -mail: ki r�reganl two lces corn . Attomevs for Plaintiffs Kelly L. Reagan Florida Bar f4o. 142506 16 Packet Page -1238- 4/24/2012 Item 16.K.1. EXHIBIT A Packet Page -1239- UNIVEASI;TY pf UFFWRIDA IFAS Soa&west Florida .Resear&and Education Center Philip A. Starisly 239-65&3427,239-67$:3-169 Fax pstansl :eau to Whom It May Con== 4/24/2012 Item 16.K.1. 2686Stat3 2oad.29North lritsncl'ce�ibe,.irL 34i� -�G13 As•en'tomologist at this Center I Wn -addn sg.myself. to the Collier Courq.Co and offer interested parties. concentin& the key mie..played by the lsnmokalee :Airport and sped4cally Fletcher Flying Service n.the welfare:and oor►tinaed ecortorr= viability of4he-agricultural.conanunity in sauzhme5t. ?rorida The-citrus. industry in particular %as beertin crisis mode since:20t}S, the year that citrus gxee�tiitig,disease oY "ttuangl ' Z }was first detected in the state. H%$ is a devastatfu*: chseave ftanmdttedby. a:sacldng insect, the Asian .citrus psyllid (ACP),I dghorina citn known in only space 199& just .as 4e�itlt.ic alaria os many other insect - vectored diseases, the best„ and in many cases only effective tmanagemertt strategy is vector contmL In the case of AC3 x t min& and cQverage are key control factors. Sprays put out too eariy of Eoo?ate may not have the.dgdked eitcL Application ovVr too small an azea invites resnv'asi6n from acraceiit uabvfted blocks. Aerial appl;cati fsa*id and effective, especially during the pivatal "d:ama>rt" (winter) seasor, -and thus an intiispettsable tool in. the striggle.against HLB. Since 2008 citrus gmwas in southwest. °Gait" region have banned together.in a program of aoopentive area wide.applications.timed for optimal effect The program has obtained almost 100% Overage rat! atsys acreage in the aaee, reduced *& vector. population to-low levels and served as a model for Owvest a the state (?aver sti such "citrus health triattagement areas." CHMAs and vector populations have pkwuta*we ... Much of-this success is due#o.W. Fletcher s diligence and technical expertise. The citrus growers. in urarrea recVjze his crntribution.and owe him.a huge debt of gra#it'ti& I urge the Collier Courtly Camrnission nd otfW interest erl'pazties to support Pletcher Flying Service and do ever;1hing possflAe fir . 4 , food relat ionshfp between this crifical i«al business and the bnmoWee Airport. This would be a.wiat vrin:for everyone concerned. Best R Philip A. Stansly Professor of Etttomology The Foundafion ftir The GatorMation M F.qud Q"x tL- itrinsdama, Packet Page -1240- 4/24/2012 Item 16.K.1. EXHIBIT B Packet Page -1241- February 17, 2011 COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 (239) 642 -7878 Fax (239) 394 -3515 www.coilieraviatiomcom Steve Fletcher 11 dM T- Hangar Storage Unit 1000 G Road Labelle, FL 33936 Mr. Fletcher, 4/24/2012 Item 16.K.1. E_MkI6 The Management Staff at the Immokalee Regional Airport conducted storage unit. compliance inspections on Thursday, February 10, 2011. During these inspections, Airport Staff inspected the general condition of t- hangar storage units, checked the overhead lighting for operation, checked the condition of the roll -up doors, and looked for apparent safety hazarrds. No safety or non - compliance issues were .found within your leased t- hangar storage unit during the scheduled safety and compliance inspections. The next compliance and safety inspection of your t- hangar storage unit is scheduled to be conducted February 2012. You will be notified by mail prior to this next inspection. The Management Staff of the Immokalee Regional Airport would iike to thank you for your interest in maintaining a safe operating environment within your t- hangar storage unit at the Immokalee Regional Airport. If you have any questions or concerns about your inspection or any other items in the future, please feel free to contact the Airport at 239- 657 -9003. Sincerely, l Thomas Vergo Airport Manager Immokalee Regional Airport cc: Chris Curry, Executive Director Marco Island Executive Airport 2005 Malnsall Drive; Suite 1 Maples, FL 34114 -8955 239.3943355 239.6425427 Fax Immokalee Regional Airport 165 Airpark Boulevard Immokalee, FL 34142 239.6573003 239.657.9191 Fax Packet Page -1242- Everglades Park 650 E.C. Airpark Road Everglades City, FL 34139 239.695.2778 239.695.3558 Fax EXHIBIT C Packet Page -1243- "Attachment C" AtRAp��, . v0 4� COLLIER COUNTYAIRPORTAUTNaRITY '* 2005 Mainsail Drive Ste, 1 Naples, FL 34114 -8955 � Q y (239) 642.7878 Fax (239) 394 -3515 November 1b, 2011 Mr. Stephen Fletcher Fletcher Hying Service 1000 G Road LaBelle, Florida 33935 Mr. Fletcher 4/24/2012 Item 16.K.1. i-01A wwft w0i.ndsaw+ WM I am writing this letter to advise You of the decision that has been made in regards to decreasing your Mt A fuel cost at Immokalee Regional Airport Al the airport Advisory Meeting held on August 13, 2010, the board voted by maos4ty to approve a temporary cost for you to purchase fuel at $025 over oast per gallon of Jet A fuel. Be advised that the Airport Advisory Board decision was a recommendation only and after careful review I have determined that cost is not one that Is acceptable for our finaridal viability. The administrative .code of the Airport Authority delegate the overall responsdbRtty of sett fuel cost with the Executive Director. When i arrived at the Airport on September 13, 2M0, the Airport Advisory Board asked me to take a look at tour fuel pacing program. My initial approach was to look at the tmmokalee Regional Airport and the prices associated with the purdkm of let A fuel, Duet the past few weeks, I have researched historical data to determine how much fuel has been sold, look at how fuel prices could be reduced to Increase volume and to also meet the budget that was approved by the Airport Authority for fists! year 21111. Second, I wanted to determine the amount of overhead cast per galkrn that was invested by the airport. This calculation was based on maintenance. Insurance; credit card fees, supplies, training, labor, administrative costs etc._ The amount for overhead cost was determined to be approximately $0.30 per gaflon, therefore, this amount should be cordrdered our break-"en point which would make the recommended amount of $025 perga6on unreasonable. The Airport mark -up cost for Jet A fuel in 2010 was $1.42 for transient users and SLM for you because you are a based tenant. It Is quite apparent that you are the. primary user of Jet A fuel on lmrnokaiee Regional Airport. Your business is responsibie for appmximaiely W% of Jet A fuel purchased at the Airport in 2010. The cheat below is an indication of how muthAW you have purchased over the past three fiscal years. 0-4 MW E.NUW -m w,erswpav+.or, r af�Weriit5r. i +a..ftaoa.+rs rn.asare r�s,a R s� +�,�� t.�dw..it ]tto coo EC.wUriR ra�o Ci7BR�+ -f1XS E,�1��7! E_ryr"C"fL rill mwrwear cu c7aFas+•nrso Wf�abtr� avlla�aaei F.. Packet Page -1244- 4/24/2012 Item 16.K.1. 2010 Transient 5,343.00 8,261.78 1.41 Fletcher 47,885.00 48,217.76 56,479.54 1.01 -Over the past three years, you have purchased an average of 53,376 gallons. per year. After careful mnsideratim I am willing to implement a program that would decrease yotrt Jet A fuel cost based on the amount of fuel purchased. The first 20,000 gallons of fuel purchased would be at 50.65 per gallon mark -up, second 20,000 would be at $0,60 per gallon and last 20,000 would be at $0,.55 per gallon mark -up per fiscal year. This system would initially reduce your mark -up cost from currently $i..41 to a medtan price of $0.60; a forty percent reduction. I have accepted the Airport Advisory Board recommendation to make this cost retroactive to October 1, 2010. Based on the amount of let A fuel purchased since that tune, you will receive a credit of $14525. The other option that you suggested was to install your own fuel farm on the Airport. it statlation of a fully compliant private self - fueling facility would cost between $50,ODD and $1001000. This altemadve is am acceptable to the Airport Authon2y as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regutatory agencies and is annu* inspected to maintain those standards. tinder this arrangement the Airport would charge a fuel flowage fee. I have riot had a chance to determine an appropriate fuel flowage fee under this scenario, however, by comparison Maples Municipal Airport has a private self fueling program wtth an initiation fee of $1,000 and 511.30 per gallon fuel floorage fee. Thinks for your patience in this matter, and If you have any further questions please let me know_ Sincerely Chris Curry, Executive Diroct " Packet Page -1245- Total MAJ per Year Volume Grass ProfrE Gross Ptofd SAHM 2008 Transient 27,103.00 28.151.46 1.04. Fletcher 39,321.00 25,031.09 53,182.55 O.i34 2003 Transient 17,815.00 27,578.44 1.55 Fletcher 72,922.00 68,913.92 86,482.36 0.95 2010 Transient 5,343.00 8,261.78 1.41 Fletcher 47,885.00 48,217.76 56,479.54 1.01 -Over the past three years, you have purchased an average of 53,376 gallons. per year. After careful mnsideratim I am willing to implement a program that would decrease yotrt Jet A fuel cost based on the amount of fuel purchased. The first 20,000 gallons of fuel purchased would be at 50.65 per gallon mark -up, second 20,000 would be at $0,60 per gallon and last 20,000 would be at $0,.55 per gallon mark -up per fiscal year. This system would initially reduce your mark -up cost from currently $i..41 to a medtan price of $0.60; a forty percent reduction. I have accepted the Airport Advisory Board recommendation to make this cost retroactive to October 1, 2010. Based on the amount of let A fuel purchased since that tune, you will receive a credit of $14525. The other option that you suggested was to install your own fuel farm on the Airport. it statlation of a fully compliant private self - fueling facility would cost between $50,ODD and $1001000. This altemadve is am acceptable to the Airport Authon2y as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regutatory agencies and is annu* inspected to maintain those standards. tinder this arrangement the Airport would charge a fuel flowage fee. I have riot had a chance to determine an appropriate fuel flowage fee under this scenario, however, by comparison Maples Municipal Airport has a private self fueling program wtth an initiation fee of $1,000 and 511.30 per gallon fuel floorage fee. Thinks for your patience in this matter, and If you have any further questions please let me know_ Sincerely Chris Curry, Executive Diroct " Packet Page -1245- 4/24/2012 Item 16.K.1. Packet Page -1246- 4/24/2012 Item 16.K.1. N6velvib"'1, 2011 To V&= It-May Concem. My Nave is fames Kemey and l was the Mport tstanager at kneno caiee Airport from Atom t, 2006 to !t8jW 2t)1.Q. Upon asmaing'the duties of airport MarAW at JMM in 2M, f was briefed by the then Awpptt Manager, Mr. Bob Tweece, who f belie a is still ernplsyed by the Collier County fir. Au tharlty, # at as a result of Mr. Fktdters unibue Cmp.t mdng acid Aerial RreWftg OPWROOML Negttirernents Mir Tweedie had given Flebdrer Fift Service permission to use the gram r s loca W at Wxnolraoee Ahpott over #* se4aW Years be had acted as Airport ManajW PnW to MY &rYW In ZODG, As a r+espit of ties Gftma bn supplied to nw by Mr. Tweedie, and dabs n*d#V that Mr, .Aet*mes OpembM utilising thagcass areas mentioned below did not advers* effect safe operations at the abort. 1 experrded.�Ehe sacrie perms taaperata.as those previi�ali(in dace prior to my an"L Those rur+h►a41s•+am locates In thefotlwM locations: On the south end. of the airport in time with the expended matecrne.a# Rarw ay 36-18- - Co the west skkof the airport patafie! to Runways 36.28 Additianaliyr, and con s vft i Flying Service Pact 137 CMtNkStF— I.pw Fletcher Fling Service pem t am to devim from jbp- standwd Craft patterns at the Immoicatee Airport. 1 v o Kenney - FOnneF . tinnmkalee Airport, 2006 -2010 Packet Page -1247- 4/24/2012 Item 16.K.1. EXHIBIT E Packet Page -1248- VS0 6 °v COLLIER COUVTYAIRPORTAUTHORITY I2005 Mainsail thrive Ste. 1 Naples, FL 34194 -8955 (239) 642 -7878 Fax (239) 394 -3515 December 17, 2010 Mr. William C. Garrison Airport Program Manager Southern Region, Airports Division 1 701 Columbia Ave Atlanta, GA 30337 -2747 Dear Mr. Garrison, 4/24/2012 Item 16.K.1. www.=Wwvy4ton.com I am in receipt of your letter of complaint sent tome on December 9, 2010. I have reviewed the allegations filed by Mr. Steve Fletcher, owner and operator of Fletcher Flying Service, based on his feeling that the Coiner County Airport Authority has denied his right to self service fueling of his aircraft. In response to Mr. Fletcher's complaint, I am providing information that I feel does not support his allegations. As you are aware, I am the new executive director for the Collier County Airport Authority, I began work at the three airports owned and operated by Collier County on September 15 which also includes the overall management of the Immokalee Regional Airport When I arrived at the airport, Mr. Fletcher was very unhappy with the fuel price structure at Immokalee Regional Airport. I immediately began work 'on this issue because it was a high priority item assigned by the Airport Advisory Board. First, I have attached a copy of the Airport Rules and Regulations that apply to the authority to dispense aviation fuel (Attachment A). Paragraph 4.03 states that "Only those individuals who have then been authorized by the Executive Director or his/her authorized representative, via current self - fueling permit, or those individuals who have 'a verified status of an approved vendor, may dispense fuel into any aircraft at any airport operated by the Authority." Second, I have attached a copy of the Airport Minimum Standards that apply to Aircraft Fuel Service ( Attachment B). The Minimum Standards states "No unauthorized Operator shall provide fuel on the airport. Any self fueling by Aircraft owners will be subject to non- commercial aviation fuel flowage usage fees, rules and regulations, National Fire Protection Association (NFPA), Uniform Fire Code, applicable Federal, State, and Collier County Airport Authority requirements for each type of fuel dispensed." MMMMUM &W SUL f ho*& FC>r„48= MM304 -= fz3%W_5427 Fax riU42 tMW7_ oo ;M)6574191 Fat Packet Page -1249- eaax®a eioac.timmr�o city: R u ng Rat ex�z77e tzs91 e9saa F" 4/24/2012 Item 16.K.1. Third, I have also attached a copy of a recent letter that was mailed to Mn Fletcher on November 16, 2011 (Attachment Q. In his informal complaint letter, Mr. Fletcher stated that he had tried to negotiate fairer fuel prices with the Collier County Airport Authority. The purpose of my letter was to inform Mr. Fletcher that we decided to take action and reduce his fuel cost by as much as 40% from the previous year. We also agreed to implement the reduced price structure retroactive to October 1, 2010. In addition, the letter addressed the issue of Mr. Fletcher installing his own fuel tanks. The position stated by the Airport was "This alternative is one acceptable to the Airport Authority as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regulatory agencies and is annually inspected to maintain those standards." Collier County Airport Rules and Regulations do not prohibit an individual's right to self -fuel. The regulation says that one must have a self-fueling permit. I have checked our files, and to date, I have been unable to locate any documentation to show that Mr. Fletcher either has a current self - fueling permit or has ever applied for one. To be quite honest, I have been unable to locate a self- fueling permit application. I have designed a self - fueling permit that I intend to add as an appendix within the Airport Rules and Regulations (Attachment D). The proposed 2011 Airport rates and charges does incorporate an updated cost structure for self fueling flowage fees: As Executive Director of the Collier County Airport Authority, I assure you that if Mr. Fletcher meets the Airport Rules and Regulations, Minimum Standards, National Fire Protection Association (NFPA), Uniform Fire Code, applicable Federal, State, and. Collier County Airport Authority self fueling permit requirements it is acceptable for him to self fuel at the Immokalee Regional Airport. Sincerely, C444� Chris Curry Executive Director Packet Page -1250- 4/24/2012 Item 16.K.1. EXHIBIT F Packet Page -1251- 4/24/2012 Item 16.K.1. Prom: VergoThomas [ ina1hb .TttiorrtaWer"c0l1ler90v.net1 Sent Tuesday, October 04, 2011 12:30 PM To: Drew Lee - 0575 Wbject: Seats Incident 10- 3-2011 Importance: nigh Lt. Lee, year, a vehicle was. seen by Operations Staff speeding (in excess of 45 MPH) on our immokalee Airport airside taxiways (Taxiway Alpha and Bravo), running tizrough hold short areas (stop lines painted on the ground), as well as accessing secure areas of the Airport that VWY were not authorized to be in; My operations Staff (2 staff members) attempted to stop the vehicle but were unsuccessful. They did not know the vehicles interrtions or occupants, therefore they called 911 and asked for officer respond. My operations staff' followed the vehicle off airport property and eventually deputies sic the vehicle a short distance from. the Airport property. My staff put me in touch with the officer who conducted the stop and I was told that one of my was inside the vehicle. I let the officer know that the Airport Authority wanted to press full c against all occupants of the vehicle as they were violating numerous Airport Authority Rubes that enforceable through local county ordinance and Florida Statues. The oWu= failed w proceed ' any reporting or charges fDr the following reasons: 1) They did not witness the offenses 2) one of the individuals was a tenant of the Airport 3) They did not know that our rules are enforceable and did not know they could enforce the rules the Airport In I was promised a call back this morning; however I have not gotten one. I would like a report or' den report to be made on this case at the least. I am told that one has not been made, and it is NOT pla mod for one to be .made. Do you think that it would be prudent to meet sometime to discuss the security concerns and ours Wes and regulations sometime so any questions the agency has for us can be addressed? I have enclosed/attached a copy of our rules and regulations. You will see that the airport is pro under Florida statues and local county ordinances. I appreciate your continued support for the Airport and look forward to working with you to con ' ue to provide a safe atmosphere for our residents and customers. Thomas Vergo Airport Manager Immokalee Regional Airport Collier County Airport Authority 239 -657 -9043 Office 239465 -9983 Cell 239- 657 -9191 Fax Packet Page -1252- 4/24/2012 Item 16.K.1. EXHIBIT G Packet Page -1253- COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 (239)642 -7878 Fax (239) 394-3515 www.coUleraviation.com October 19, 2011 Mr. Stephen Fletcher Fletcher Flying Service 1000 G Road LaBelle, Florida 33935 Mr. Fletcher: 4/24/2012 Item 16.K.1. The Collier County Airport Authority (CCAA) is required to operate the three Collier County Airports in accordance with Federal, State, and local Rules and Regulations. It is our goal to provide the public and Airport users with a safe operating envimruneut. On Monday, October 3, 2011 at 1:20 p.m., Immokalee Airport Administrative and Operations Staff observed an unknown vehicle crossing Runway 36 to Taxiway Alpha. Operations staff pursued the vehicle with a marked Airport Authority Vehicle and made visual contact with the vehicle while it was turning around at the intersection of Taxiway Bravo and the closed Runway 4/22. When staff signaled the vehicle to stop with both visual cues and honking of the operations vehicle's hom, they were ignored and the vehicle crossed Runway 18/36 without stopping at the Runway Holding Position Markings and proceeded down Taxiway Alpha at a high rate of speed believed to be in excess of 45 miles per hour. At this point, staff contacted the Collier County Sheriff's Department for assistance and kept visual contact with the vehicle. After again crossing the threshold of Runway 36 without stopping, the vehicle exited the secure area of the Airport through Gate E. Staff kept visual contact with the vehicle through a series of u -turns and speed changes until a Collier County Sheriff's Department officer stopped the vehicle. Upon contact with the deputy, the Operations Staff members were notified that a gentleman by the name of Timothy Nance was driving the vehicle and you were in the back seat with other unknown passengers in the front passenger and other rear seat. As a tenant and user of the Immokalee Airport, you are responsible for the actions of all individuals that you escort or allow to access the secure airside areas of the Airport. This includes anyone you allow to have your tenant code. Neither you nor Mr. Nance had permission to be in the area of the Airport that you were seen operating in. In addition, you allowed a person under your escort to break CCAA Rules and Regulations, Lease Manual requirements and Minimum Standards. These infnwtions include adhering to the posted airside speed limit of 15 miles per hour, unauthorized and unapproved crossing of active runways and taxiways, and the refusal to strop and heed the instructions of an Airport Authority Employee. Marco Island Executive Airport 2005 Mainsail Ortve, Suite 1 Naples, FL 34114 -8955 239.3943355 239.642.5427 Fax Immokalee Regional Alrport 165 Airpark Boulevard Immokalee, FL 34142 239.657.9003 239.657.9191 Fax Packet Page -1254- Everglades Park 650 E.C. Airpark Road Everglades City, FL 34139 239.695.2778 239.695.3558 Fax 4/24/2012 Item 16.K.1. Mr. Stephen Fletcher October 13, 2011 Page 2 This is just one of many incidents that have occurred over the past 12 calendar months in your presence or by one of your employees or contracted delivery vehicles. Two of the incidents were brought to your attention through letters mailed out in February and August of 2011. In addition to those incidents, others that staff observed that were not documented include failing to stop at Runway Holding Position Markings, leaving airside access gates open unattended, and the continued transport of chemicals and delivery vehicles on active taxiways and across runways. With the occurrence of this most recent incident, Airport Management has decided to revoke your company's general vehicle operating privileges on the Aircraft Movement Areas of the Airport which include, but are not limited to Taxiways, Runways, Parking Aprons, and Safety Areas, effectively immediately. No agents, employees, or guests of Fletcher Flying Service have the authorization to operate on or within the safety and paved areas of any aircraft movement area You will• be allowed to access your leased areas and the fuel farm through do following approved gates. Your Bulk Storage Hangar can be accessed directly thm Cate D and by driving on the paved vehicle roadway to your paved parking: area Access to the Airport's fuel farm will be provided through Gate C so you can fill your transport trailer. After filling your trailer, you will .exit the fael farm area through Curate C and re-enter the Airport at Gate A where you can access your staging area. All deliveries shall be directed to Gate A. The Management and Staff of the Immokalee Regional Airport strive to maintain a safe and friendly operating environment for all users of the airport, while adhering to the recommendations and mandates by the FAA. FAA Grant Assurance #19 states that "Me airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum. standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation". Continued violations of Airport Rules and Regulations and Minimum Standards will most likely lead to the removal of Fletcher Flying Service's ability to operate at the Immokalee Regional Airport. if you have any questions or need further explanation, please feel free to contact me. Sincerely, C/n� Chris Curry Executive Director Collier County Airport Authority cc: Thomas Vergo, Airport Manager cc: Krystal Ritchey, FAA ORL -ADO Packet Page -1255- 4/24/2012 Item 16.K.1. EXHIBIT H Packet Page -1256- 4/24/2012 Item 16.K.1. Fletcher Flying Services Inc. October 26, 2011 Helena Chemical Co 907 Alachua Streot Immokalee, Florida 34142 Bear Chemical Company dispatcher Your company has been providing chemical delivery services to me at the Immokalee Airport for many years and I know that your drivers have always tried to fotlow the rules and instructions provided to them for proper and safe deliveries. Over the past year, there have been some aOege.d incidents with der"ry drivers that may have given rise to safety or security concerns. Accordingly, I am requiring that all chemical deliveries for Fletcher Flying Service, Inc. be through gate A, as directed by the Collier County Airport Authority. The trucks shall proceed directly to the staging area, make the delivery and depart through gate A. At NO TIME shah any vehicle cross the runway or enter on to the taxiways. to the event a driver needs to come to my office, he shall access my office from outside of the secure area through Gabe D and proceed directly to the non -arc side of the building and enter through the man dear. Departure shall be through Gate E directly to the outside of the secure area_ No trucks or personnel shalt be allowed on the air side of the hangar. For your convenience, l have attached a diagram of the airport depicting the gates and passage areas. While at the airport, please have ae drivers maintain the posted speed limit or, if there is no posted speed limtt, maintain a maximV01 speed limit of 15 raps. Thank you for your cooperation In following these safety rules at the airport_ You can contact me at 239 -86E -2028. Sincerely,, / Stephen Fletcher, President iELEP2tONE 853 -675 -3302 + FAX; 863 -675 -3725 • P.O. IBOX 1272, IABELLF— FWRTDA 33973 N.'.� Packet Page -1257- 4/24/2012 Item 16.K.1. EXHIBIT I Packet Page -1258- 4/24/2012 Item 16.K.1. WOW COLLIER COUNTY AIRPORT AUTHORITY s 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 (239) 642 -7878 Fax (239) 3943515 October 2g, 20I 1 Mr. Stephen Fletcher Fletcher Flying Service 1000 G Road LaBelle, Florida 33935 W Fletcher: The Collier County Airport Authority is required to operate the three Collier County Airports in accordance with Federal, State, and local Rules and Regulations. It is our goal to provide the public and Airport users with a safe operating environment. On Wednesday, October 26, 2011 at 2,55pm, N2951G, an aircraft you own and were seen operating. was observed by the Florida Depart of Transportation (FDO -1) Airport In<Wec:tion and Safety Massager, hnmokalee Airport Manager, and Collier County Airport Authority Executive Director laadiug in the grass area before the threshold of Runway 36. Both the Airp= Manager and the MOT Inspector were stemding at the Runway 36 Tbresimid Lights comhic: zig an Airfield inspection when they looked up in time to see your aircraft touching down appraxinsateiy SM feet directly behind them. Although the weather conditions were clear and sunny, the Airport Manager was wearing an Grange safety vest and carrying a hand -held radio to monitor the LTMCOM fi%Pmcy for arriving aircraft at the Airport. Further, the Executive Dircaor was sitting in an FDOT radie-equippcd, wspecdon/m&ty vehicle that was located at the paitmld Runway Holding Position Marking- This vehicle was outfitted with all the visual indicators required to opere in an Aircraft Operations Area. These safety measles are cnirical when petsonncl are working in close proximity of an active runway, Landing on an unapproved turf area cons&utas a hazlydo rs and unauthorized operation that had the potential to endanger the lives of all involved. Tire FDOT Airport inspection and Safety Manager, and their Supervisor, the FDOT State Aviation Manager requested that as the operator of the Airport and in adhereiic a with our grant assurances, the Airport Authority Matrageraem Staff contact the South Florida Xuarnar) Flight Staadar& District Office (FSDO) to file a report of this safety - related incident. At their request, a report has bees filed with the FSDO and a Federal Aviation Administration (FAA) invr, should be conWting you at some tune in the Ram. The FAA investigation is usdgwde -W of any action that the Airport Authodty may take for non-compliance with Airport Authority Rules and Regulation& Ma= Island ExecutWe Airpm 2005 kUWsail DOW, Suite 1 WpiM FIL 34114-$955 239.334.3355 239.642.54Z7 Fax Immokalee Regional Airport 165 A"WPWk Boulevard Immpkalee, Fl. 34142 239.657.9©(13 239.6S79M Fax Packet Page -1259- Evecgladees Park 650 E.C. Alf"* Road Everglades City; 71 34139 239.695.2778 239.695.355E Fax 4/24/2012 Item 16.K.1. Mr. Stephen Fletcher October 28, 2011 Page 2 Atrpan Manq=ent has not found any documentation that allows this type of operation 10 00cur at the Airport. The Florida Airport Facility Directory and associated aviation pub11=ont;,,Deady state that "Takeoffs and landings on turf areas of the Airport are not authorized." Four W ons that day violated the following sections of the Collier County Airport Authority Rues and Regulations: S.01 General Rules: c. Negligent Operations Prohibited 1. No person shall operate airs raft at the Airport in a careless mama or in disregard of the right and safety of others. 5.02 Airport Operational Restriction: d Takeoffs and L dings 1. Except for helicopters, which assay operate from a helipad or other approved locatiion; no person shall emm an aircraft to land or takeoff at the Airport, except on a runway. The Management and Staff of the Irrun"ce Regional Airport strive to maintain a safe and friendly Operating environment for all users of the Airport, while adhering to the .recommendations arnd marydates by the FAA. and other governing, agencies. 1 request that you provide my office with a written response to this letter by Friday, November 4, 2011. You and your company's presance on the Airport is valued and it is my intent to work with you as necessary to ensure you undmst&nd the Rules and Regulations of the lmmokalee Airport and answer any questions.you may have. Thomas V ergo Airport Merger Collier County Airport. Authority C: Chris Curry, CCAA Executive Director Scott Riddlin, South Florida (Miramar) FSDO FDOT Stake Aviation Office Packet Page -1260- 4/24/2012 Item 16.K.1. EXHIBIT J Packet Page -1261- 12 i 4/24/2012 Item 16.K.1. I �mmokalee Airport From: VERNON CONLY (vconlyl @hotmail.com) Sent: Wed 11/09/118:25 AM ,a: georgiahiller @colliergov.net; tomhenning@coliiergov.net; fredcoyle @colliergov.net; jimcoletta @colliergov.net; donnafiaia@colliergov.net Collier county Commissioners I would like to tell you a little about history of grass airport operations and the Immokalee airport and about my self. Myself I started going to Immokalee public schools starting in the 4 th grade, I graduated from Immokalee Nigh School in 1988. In 1984 we placed a training airplane at the Immokalee airport and I trained from local instructors of which one of them was bom and raised on the Roberts Ranch right there in Immokalee. Another was Mr. Joe Brown, he probably was a permanent fixture at the Immokalee airport after WW2. We used several areas of the grass and all 3 of the paved runways. At that time the AG pilots used the grass area just to the south of the beginning of the paved section of runway 36. Two of those AG pilots were Mr. Steve Fletcher and another pilot that still works with Mr. Fletcher. If you look at your own Property Appraisers web site and pull up pictures of the Immokalee Airport you can see where grass operations were conducted. They were conducted in several places. The first airplane in history (Wright Brothers) used a sand runway, after that grass fields were used, then improved grass runways were constructed and as we were ushered into the Jet age and heavier aircraft were bulk paved runways were constructed. All of the previous runway types are still used through out the United States and though out the World. I have personally landed on roads, cow pastures, tomato fields, gravel runways, small municipal airports and large International airports in several country's and all over the United States. All legal and legitament It is my understanding that Mr. Vergo your Immokalee Airport manger told you at your last Commissioner meeting that he has never seen grass operations at Immokalee, He needs to get out of the office. I see that he has .a .pilot certificate albeit his last medical certificate was issued in 2007 so he either does not fly or is flying without the required certificate. It may be that most of the grass operations that were happening stopped when you had a mass of your customers leave the negative Immokalee airport environment and move to Labelle. At Labelle we have both the airport management and the Hendry County Board of Commissioners "voted" blessing of continued grass operations. If you allow the current course of Airport direction from your large Airport Staff to continue you will lose more customers. We like your customers here in Labelle. They spend money on Fuel, Aircraft maintenance, hangers, lunch at local restraints and use the local hardware store. All while paying an extra penny in sales tax. This is business that you have lost. I realize that you have 3 airports to manage. All 3 are as different as they can possibly be and require a different management style. You could start with management that has personal small business experience and has had the responsibility of signing the front of checks that he or she is personally responsible for the funds. If you want your airports to grow backwards keep the present course, we will take care of your customers in Labelle. http:// Snl2Ow. sntl2O. mail.live.comimaillPrintMessages .aspx ?cpids= 38'7a69ee- Oad6 -I 1 el ... 11/10/2011 Packet Page -1262- 4/24/2012 Item 16.K.1. If you want to fix the problem that your staff has created start listening to the people that provide the. TAX money that you spend, and I don't mean the people that give you those grants that seem to grow on a tree. In fad 4 you cause Mr. Fletcher to go elsewhere who will fertilize that tree. It does not happen on its own. Thank You Vernon Conly Vernon Conly Vernon Conly Air Service 225 E Cowboy Way Labelle, Fl. 33935 239 -872 -9687 863- 674-0130 FAX www.vernair.net bttp:ll nl20w.sntl2O mail.live.com/ mail/ printMessages .aspx ?cpids= 387a69ee- Oad6 -I 1eI... 11/10120.11 Packet Page -1263- 4/24/2012 Item 16.K.1. EXHIBIT K Packet Page -1264- 4/24/2012 Item 16.K.1. November 12011 TF.RR1f L GAtiSONSLL ATMRKL- Y•AT-Lwtnr 23 534 PEAM VMEE.T' ALVA, FL 33920 PHONE FAX 863 -674-0 f 30 n-omm VerQ0,. Airport Marocgw lmrr akd49 a Airport` 165 kipA Ord lrnmokdee, FL 34T 42 Re: October 26, 2011 operation at immokciiee,hport Pumjarrt to your request, I om rPaspomft to your October 28, 20 1.1 letter on behdf of Skn e• Fietci . Fletcher FMng Sa ce. On Octobw 26, 2011 in the aftemoon, - - was retuming to ry inww*alee to e in his Cftabda N2951 G. He was or-compani9d by %qon Meode. The abcoff was qWoochhq ftorn the norh itie wecrftw •'w . dea •a • sLzw and the Whd . ♦.- • e• uwAxy 36. WhIe on - left rr • to Axw/av 36 aro#*r circroff on • AW. aw^ •: aue, • pcdtem on • •, / ttat . o, not favored corddgdng the • drection trat, sr :, •e - •s. � �e • A ti • ••• •ice !. A - w • - f n •! •'•4�C =R �• i i11 s • • w • o w' `!A��• i • pl:, �•- • C w• - •. • •• �a •' - •••1 -• • c •• •a• -O : • � - •s_ a ! •.' - - • a. • • • • ,w, - •,. ro o • t _ a �. s- ` • f • • - s.� • Packet Page -1265- 4/24/2012 Item 16.K.1. Nt. Thames Vago November 3, 201 l Page 4 Cc nversety, Your ocfrons in figng a violation no iae agonst W. Fletcher go against the SW of cooperation drected by the BOCC &port A►rtt-oM and do not cortibute to tha feeling of Fletcher Ong. Service being a `valuecr tenant at the krWnokc9ee Akpost, we vWj ionic forward to Your renewed cooperation YM iho directive of the Coiner Co mty BOCC in #* nwr future. Respectfuksubrnittecf, L 644r I YE. CARBONELL, Est Attorney at Law Cc: C►�oUi�er County r�ByE�e3��CC l'.,., c} Packet Page -1266- 4Mw x.01( &4* l LA'5T NOTIM 1w Rt ,�dFT of � FAT,L-T 9.w HatA seer ,� �L ;pw dry Fia✓� stt T UMW . ML- L Otelr co ATM 11Y4.j W �?d RGl Tcx.�Ffl� Packet Page -1267- 4/24/2012 Item 16.K.1. MM rta OAK, I� S ti. o r- i E! E i I 4/24/2012 Item 16.K.1. Nen►ee AW:, 2911 To Whom it May Car"M My m am is iaraes Kenney and I was tine - Airport Manager at Immoicalee Airport irons August;.2006 to iuiy, 20W. Upon asstming the duo" of Airpat Manager at •iMM In 2006,1 was briefed by the Om Airport , Mr; Bob Tweedie, who 1 b9leae is still en*oyed by the i'.oliler Onxi t Airport. Aeitiia ft, trial as a.result of Mt. HeLr rs CsctP t>wsling and Aatiai FlreWng mil. Mquken uMM Mr Tweedhe had given Fletcher Flying Service Permbsion TO use the amass runways f wgftd at lffmg lee Airport over the several yews he had acted as Airport Man"er prior to mY arsbraii In AugLW, 20M As a re-Aft of this. Irsfornwtion supplied to me by Mr. Tweedle, and determining asst Mr. FWtd*es opeiabons utiibing the grass areas nwiWoned, below did not adversely efted safe oper-aftm at the airport; i evwukd. rise same partnhslons to operate as t vie pcew m* in Obice Pr's to my arrival. Those ruenvays -arse localad In the following locations: - An the south end. of the airport in Rne with tire. extended centerline of liur way 36-18 - Ory the west side of the.akport parallel to Runway 36-18- Additionally, andconsMaitwith Fieddw Firng Service Part 137 tertirk ate, I gave FieWw Sprig Service permhission to dewlaft from tjwstandaM trafilc pattems at the irarnokaiee Airport. 4 l��2��ZOW tenrye�y - Forrnc�r , imnhoiraiee fli i Packet Page -1268- 4/24/2012 Item 16.K.1. Packet Page -1269- 4/24/2012 Item 16.K.1. RESOLUTION NO. 95- 632 A RESOLVTIOX SETTING 7ORTH THE POLICY 07 THE BOARD OF COUNTY COMISSIONERS RITZ RZGARD TO PROYZDZNG A LEGAL DZYMNS AND PAYING LEGAL =VXVSE8 07 COUNTY CONHIBSIONERS, COUNTY BTA77 AND COUNTY AMSORT BOARD ?lMERS, WHEREAS, the Board of County Commissioners and the Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases of County policy, management and legal counsel, respectively; and WHEREAS, local governments and their employees have recently beco=4 subject to increasing numbers of lawsuits based upon state and federal laws; and WHEREAS, it is essential to the effective operation of County goverrnrent that policy management and legal decisions be made competently, in the public interest, and with the threat of personal liability !or board and staf'. members for making said decisions being maintained at a min'.mum so as to avoid the "chilling effect" on the proper and diligent performance of public duties recognized by the Florida Supreme Court in Thgrnber v. 911y gf Fort Walton Beach, ;68 So.2d. 914 (1990); and WHEREAS, Florida statut.ry and case law, as well as Attorney General opinions (her-:after referred to as "AGO "), set forth the requirements and dis:retion which are afforded to the local governing body to formulate a policy regarding the provision of counsel and payment of legal expanses for Board members, County staff and edvisory board mercers who are involved in litigation arisinc out of or in conni. -tion with the performance of official dutief and while serving •i valid public purpose; and WHEREAS, Collier County insurance policies currently include County employees as wall as Board members and members of the Adminisurator4s and County Attorneys staff within the scope of coverage, provided that said persons are acting within the scope of their employment and do not act - riminally or fraudulently; and y2 •ww�1 f 1 -. . 'f 1r _. Packet Page -1270-...,- 4/24/2012 Item 16.K.1. WHEREAS, the Hoard of County Commissioners (hereafter also referred to as "Board ") desires to hereby set forth and formalize its policy with regard to the provision of legal counsel and the payment or legal expenses incurred by County Commissioners and administrative and legal staff so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County commissioners and County staff members while acting in the scope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi- judicial boards and regulatory board: (hereafter also collectively referred to as "advisory boa.:d(s) ") formed by the Board of County Commissioners, and the rembers thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation or Collier County Covernmentl and WHEREAS, the members of such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions; an WHEREAS, said boards and oard members are regarded by the Board of County Commissioners as being within the umbrella of legal protection afforded to the Board of County Commissioners and other Collier County employees; and WHEREAS, the Board hereby desires to sot forth and formalize its policy with rrlard to the provision of legal counsel and the payment of lec it expenses incurril by advisory board members so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official daties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOMLD or COUNTY COMMrSSIONERS OF COLLIER COUNTY, FLORIDA, that: Rrnr firp a! -.. Packet Page -1271-.. 4/24/2012 Item 16.K.1. 1. Definition of "Conntp persons) *'s As used in this Resolution, the term "county person(s)" shall mean and include the members of the Board of county Commissioners, the County Administrator and his staff, the County Attorney and his staff, all employees of the Board of county Commissioners as well as the Collier County Airport Authority Director and his staff, the Director and staff of any other County - created authority, the officers and staff of any dependent or other special district for which the Collier County Board of County Commissioners is the governing body or ex- officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi - judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to Sectioz 111.07, Florida statutes, and Thornber y. 01ty at Fort Wa ton Beach, 568 SC.2d 914 (Fla. 1990), the Board hereby resolves to provide legal representation to County persons in civil actions and in civil rights actions subject to the limitations set for'ch herein. a. Legal representation shall be provided in civil actions and in :ivil rights lawsuits only if the litigation inv lving the County person to be represented arises out of or in connection with the performance of official dut.es and while said County person was serving a valid public purpose. No re.,-esentation shall Le provided in tort actions f the County PDX-son acted or failed to act in bad faith, with malicious purpose, or in a manner exhibiting wanton and Willful disregard of human rights, safety or :)roperty. No 1epresentation shall be provided to any County parson in a civil action or civil rights action witiere said County person acted or failed to act with intent to harm. No representation shall be provided in any case .3- sssz♦■W nnn + + f" Packet Page -1272- r r . 4/24/2012 Item 16.K.1. where the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reason(s) within the County person's scope of employment and served a valid public purpose. b. Collier county shall at all times have the discretion to determine whether to directly represent such individual through the County Attorney's office or to select: counsel to represent said :ounty person in tha civil action or civil nigh X action. U a Zounty person chooses to obtjin private legal counsel without prior authorization from Collier County, all fees and /or costs incurred by such person shall be the sole responsibility of said person and Collier county shall accept no responsibility for payment of legal fees and /or costs. C. Any legal fee;- and /or costs pri:perly payable under this Pol: :y must be reasonable in amount. d. Pursuant to Suction 111.07, Florida Statutes, any attorney's fees and /or cysts paid or incurred by the County for any Covilty person who is found to be personally liable by virtue of acting outside tl.e scope of empl-�yment, in bad faith, with W .icious purpose, o:- in a manner exhibiting wanton and willful disregard of human rights, safety or property, may bo recovered by the County in a civil action againut such County person. e. Notwithstanding anything else stated in this section or this Resolution, the Bo:trd shall have the sole and absolute discratiai allowed by -4 ___Packet Page -1273- _ 4/24/2012 Item 16.K.1. Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal representation and to instead reimburse any County person for reasonable attorney fees and /or costs in the event that said County person prevails in the civil or civil rights action. 1. Pursuant to sections 111.071 and 111.072, Florida statutes, the County shall pay for final judgments, settlements and /or costs involving county persons in civil actions and in civil rights actions subject to the limitations provided herein. a. Collier County shall pay final judgments, settlements a,d /or costs involving County persons only w'-ere the litigatior arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final Judgment, settlement or costs sha:_1 be paid for by the county in a civil action or a civil rights action the County person, against whom the final judgc:nt, settlement and /or costs have been imposed h.:s acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and /or costs in tort actions where a County person has acted or *.ailed to act arith bad faith, 3;-lice or with wanton and wil ful disregard of luman rights, safety or propLrty. No judgment and /or costs shall be paid in any case where the County t)erson has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County commissioners specifically finds, at a public meeting, that said failure to follow legal (IM 115 __. Packet Page -1274- 4/24/2012 Item 16.K.1. advice was for reasons within the County person's scope of employment and served a valid purpose. b. The County pe son has been acgtitted or the charges dismissed. Lomelo V. City of Sunrise 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 43� So.2d. 988 (Fla. 1983), and AGO 89 -33. C. The legal feis and /or costs charged are reasonable in amount. Door Packet Page -1275- public purpose. b. Any final judgments, settlements and /or costs paid or incurred by the County shall be in strict adherence with the sovereign immunity recovery limits set forth in Section 768.28, ,Florida Statutes. C. If the county person has had private legal representation in the case, contrary to the provisions of Section (2)(b) of this Policy, any final judgment, settlement and /or costs imposed shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of the final judgment, settl3ment and /or costs. d. Pursuant to section 111.071(4), Vds section is mLt intended to be a waiver of sovereign immunity or a waiver of any ,,they defense or immunity to such lawsuits. 4. In cases where a County person is f0- -orally charged with a criminal violation, the county shall pay the legal fees and /or costs incurred by sa i County person only under the following circ:mstances: a. The charges against the County person arose out of or in connection with the performance of official dutier and while serving I valid public purpose. b. The County pe son has been acgtitted or the charges dismissed. Lomelo V. City of Sunrise 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 43� So.2d. 988 (Fla. 1983), and AGO 89 -33. C. The legal feis and /or costs charged are reasonable in amount. Door Packet Page -1275- 4/24/2012 Item 16.K.1. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his /her own counsel. e. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Hoard of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope )f employment and nerved a valid public purpose. f. The legal fees ind /or costs incurred by a County person during the investigatory, pre- charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the alle,ations are ultimatnly determined to be unfounde. and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94 -11. The provisions of Subsect.Lons 4b, c, d and a of this Resolution shall ale:, govern these cases. q. rn the event hat the County pe..,scn has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and /or costs paid or incurred by the County. S. The County shall pay legal fees and /or .'costs incurred by County persons in cases involving formal r_thics charges -7- M. nnn,_,, 7 .._ Packet Page - 1276 4/24/2012 Item 16.K.1. subject to the limitations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. Ellison v.Reid, 397 So. 2d. 352 (1st DCA 1981) and AGO's 85 -51 and 90 -74. b. The County person has prevailed and successfully defended against the ethics charges. c. The legal fees and /or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted _he County the opportunity to either directly p:.•ovide counsel or to allow sa9i county person to :choose his /her own counsel. e. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office )f the County Attorney, un ass the Board of County Commissioners pecifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County personts scope of employment and served a valid public purpose. f. The legal fees ind /or costs incurred by a County person during the investigator.•, pre - charge stages of an a hits complaint shall be paid by the county only for proceedings involving potential civil and /or criminal liability and /or ethics sanction:: for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO .g_ nnn ,. Packet Page -1277- 4/24/2012 Item 16.K.1. 94 -11. The provisions of Subsections 5b, c, d and a of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the County may recover from the County person in a civil action all legal fees and /or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the ,ounty Attorney frlm requesting formal or infoi nal ethics opinions. on behalf of one or more commissioners. 6. The County shall pay legal fees and /or ,costs incurred by County persons in cases involving non - county administrative and /or regulatory proceedings and /or formal char .jes subject to the limitations provided hereii: a. The proceeding; and /or charges arose from conduct relates to the performance of official duties and whils serving a valid public purpose. b. The County person has prevailed an, successfully defended against the proceedings a.-,d /or charges. C. The legal fe,:s and /or costs charged are reasonable in t oust. d. The County perr n has first notifi*d the County Administration and legal staff of the pendency of the proceedings and /or charges and has permitted the County the.opportunity to directly ,provide counsel or to allow said County person to choose his /her own counsel. e. The charges and/or proceedings have not resulted from the willful failure of the Cou�ity person to Packet Page -1278- 4 4/24/2012 Item 16.K.1. follow the legal advice furnished by the office of the County Attorney, unless the Hoard of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and /or costs incurred by the County person during the pendency of the proceedings and /or the investigatory, pre - charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and /or charges involving potential civil and /or criminal liability and /or administrative/ regulatory sanctions for the County person and where the alleu,itions are ultimately determined to be unfounded and to have risen from conduct related to the performance of o:- ficial duties and while serv.nq a valid public purpose. AGO 94 -11. The previsions of Subsections 6b, c, d and a of this F .solution shall also govern these "Axes. g. In the event that the County person has been provided legal representation by :.he County and the County pers•)n is found, by an ,.administrative ar regulatory agency or other. appropriate tribunal havinc jurisdiction over the case, to have civil or criminal liability and /or to have violated administrative or regulatory rules, the County may recover from the County person in a -ivil action all legal fees and /or costs paid or incurred by the County. 7. The County shall pay legal foss sad /or costs incurred by individual members of the Board of County Commissioners for instituting, as opposed to defending, litigation only where all -A Packet Page - 1279 - ._.____ -. - 4/24/2012 Item 16.K.1. of the following circumstances are present: a. The litigation arises from or in connection with the Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall apply only to members of the Board of County Commissioners and not to any other "County person" defined in section 1 of this Resolution. C. The Board member must prevail in said litigation. d. The legal fees and /or costs are reasonable in amount. e. The Board membt r shall have first notified the Board of Ccu,ity Commissioners, the County Administrator : nd the County Attt rney prior to the commenceme t of the litigation and shall have permitted the county the opportunity to either directly provide counsel or to allow said Commissioner to choose his /her own counsel. f. The litigation tau not resulted frcon the willful failure to fol" •)w the legal advic- -e furnished by the office of :he County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasnns within the Commissioner's :cope of a ploymen* and served a valid public pi pose. g. in the event .hat the Commissioner has been provided legal representation by the County and the Commissioner does not prevail in the litigation, they., the County may recover from the Commissioner in a civil action all legal fees and /or costs paid or incurred by tYe County. S. All preliminary decisions admiW.stering and BOOK ------ Packet Page - 1280- .,._.- ._.... _ 4/24/2012 Item 16.K.1. implementing this policy shall initially be made by the County Administrator and /or his designee and the Office of the County Attorney in cooperation and consultation with each other's respective offices. Both offices are hereby delegated the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, number and substance of the allegations contained in any pleadings filed and /or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of county Commissioners which is in accordance with AGO15 85 -51, al -22, 90 -74 and 51 -58. The Board shall also make all final determinations -egarding the provision of a legal defense and /or paying legal expenses of County persons for any type of legal claim or suit arising from • County person -'s performance of official duties while serving • valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Foard of County Commissioners Resolution Nos. 85 -126 and 35 -178 are hereby repealed and superseded in their entirety. This Resolution adopted .ifter motion, second and majority vote favoring same. DATED'i ...y /j/�� ATTEST: - DWIGHT 'E.; .BROOK, Clerk Approved as to form and legil•:sufficie zcys BOARD Or COUNTY COMISSIONERS COLLIER CO , i'Yd:RIDA By: )MME J. I:WS, Chairman dr. - 4-3L-, am ro Nah 1 ch Chief Assistant County Attorney 5373 -12- linnr AN) PI�s ..Z2 _ Packet Page - 1281- _._.__