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Backup Docs 03/22/2011 (CR)°-%� Lt-- Csuex..� DISCUSSION OF FINAL REPORT June 11, 2003 Background: As part of the process of closing out the Golden Gate area Master Plan Restudy process, staff is required to submit a "Final Report" on the Restudy Committee's activities to the Board of County Commissioners. The presentation of this report will include a PowerPoint slide presentation, as well as the preparation of a written document. In order to allow the members of the Restudy Committee to have a voice in this process, Comprehensive Planning staff is requesting that the Committee review this discussion paper and make recommendations as to the format and content of the Final Report. Staff is hoping to present the Final Report at the BCC's July 29, 2003 Regular Meeting. Staff's Suggested Format For The Final Report: Title Page: This page will feature the text box that Comprehensive Planning Staff has used for Restudy Committee Agenda Items (see above). After the words, "FINAL REPORT," the title page will list the active Committee members and current staff that have participated in the Restudy process. It could also be an opportunity for the Committee to acknowledge anyone else who they feel has contributed to the Restudy. Committee History: This section of the Final Report will attempt to provide, in capsule form, information on the number of meetings and variety of topics that the Restudy Committee has considered. The section will refer the Board to the Public Participation Schedule, which will then be attached. The text of this section will read as follows: "The Golden Gate Area Master Plan Restudy Committee met on 31 occasions, between June 2001 and June 2003. During its tenure, the Committee considered a wide range of topics related to the Golden Gate Area, including commercial uses in the Estates and Golden Gate City, the proposed North Golden Gate Estates ROMA, other environmental matters, changes to conditional use criteria within the Estates, Ave Maria University, the County's Rural Fringe and Rural Lands Amendments, various matters related to County Codes and permitting processes, transportation issues, emergency management, the Community Character Plan and issues related to Rural Character and Design. The Restudy process resulted in two sets of amendments to the Golden Gate Area Master Plan, constituting a virtual rewriting of that Element of the Collier County Growth Management Plan." b--f 8q 8A Restudy Committee Tasks/Charges: The Final Report should reflect the fact that the Restudy Committee's responsibilities changed over time. Therefore, staff proposes the following wording for this section of the report: "The tasks and responsibilities of the Restudy Committee evolved during the Committee's two years of activity. Initially, in March of 2001, Collier County Comprehensive Planning staff, in recommending formation of an advisory committee, stated the following: "To assist in this restudy, staff requests that an advisory committee be formed to enable community input and provide recommendations. The committee will be responsible for addressing issues related to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses /assessment of Conditional Use needs and the Golden Gate Parkway I -75 Interchange. The committee will also assist staff with the review and development of policy recommendations related to the Rural Fringe Committee and Community Character Plan findings, assist in the development of any necessary Requests for Proposals (RFP) for consulting services, and assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions." However, the actual wording of the Board of County Commissioners' Resolution creating the Committee vested the Restudy Committee with a slightly different set of responsibilities: "The functions, powers and duties of the Committee shall be to: a. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; c. Identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses /assessment of Conditional Use needs and the Golden Gate Parkway I -75 Interchange /adjacent land use plans; and d. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Golden Gate Area Master Plan" During March of 2002, the Committee and staff began the development of possible treatment options for various topic areas within the Golden Gate Area Master Plan. This exercise resulted in the Committee assuming the responsibility to review the following broad general topics and management options: 2 8A "Maintain Rural and Natural Landscapes: • Cooperation with other(non-County) agencies. • Identify connected natural areas (corridors). • Identify habitats that are less developed (regulated/unregulated). • Identify alternatives for land conservation. • Increase lot setback requirements to maintain greenways. Provision of Commercial Services: • Establish locational and spacing criteria for low intensity commercial uses within Golden Gate Estates and redefine "convenience uses," especially for Golden Gate Estates. • Support higher intensity commercial uses on the outskirts of Golden Gate Estates. • Develop design criteria for commercial buildings. • Encourage the transition of commercially designated properties in Golden Gate City, along Golden Gate Parkway. • Provide a Sunset Provision for multifamily residential to convert to commercial along corridors in Golden Gate City. • Support allowing no additional commercial or conditional uses near the Golden Gate Parkway/I-75 Interchange. 3 We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Goden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. Signature Name Address 8A 10 i S V,/ 1 a�tiA Lo Jar - a- 3r c_. VUZ r - b7a , e r17 l l rr 72'0 °'W �� rl� STG�C P MCOONRO �20 FIC-5T ST N.VJ 8A • We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community, and it will compromise our quality of life and rural lifestyle. Signature Name Address 1e -a.i- C7 Cia.aP.%�G lti 61166A) A- 1 /a o c-L AY_ 'L jI .3j2p .SY' /I /. �l / � I<S, RA (l 11OAA At pul, 16l N Th 54crer,k1117f(2i-S �< NIj k�t�iT)� ME We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. Signature Name Address D dry ✓ airrr -614 'A L 67 �cU'a -,`t N ............................ We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. Signature I Name Address I � ' Z5t 1 ' All 4,t_c - _ � _. a f_ � •� ll �)d 5 We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. We, the undersigned as surrounding residents, ooaose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. Signature Name Address zz i li i . M We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. Signature Name Address t.��.. .. 3 y11J 7 �-W % 34-11q /i 1W 0 /c 111►1..y 1.... >��s_q�`} 1 �..:1.�1tr�........1.,y.�F'� 7 , {�k..1.1 ��.V..t� ............. t.��.. .. 3 y11J 7 �-W % 34-11q /i 1W 0 /c 111►1..y 1.... >��s_q�`} 1 �..:1.�1tr�........1.,y.�F'� {�k..1.1 ��.V..t� ............. r�,avC /J.�2 ���� �:f )fin "x ��`�`1 � . �ll:'ic4 t -- f ��t�J `., -( <,✓''7�L i.,.q; _ _� 81 A 1 We, the undersigned as surrounding residents, oiDipose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents, the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community, and it will compromise our quality of life and rural lifestyle. A84 We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise the quality of life and rural lifestyle of the surrounding neighbors. Signature 7 Name Address 7i % zz (GL� L,��l, l� 14-y �i �i (. -A, / // 11,7i C C' ff - i - i 7i % 8A !q We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise the quality of life and rural lifestyle of the surrounding neighbors. Signature Name Address C�Lb'Lck' no n) �eTc' Sc� l� � �I 7 �` s IV +k) IL ;d �l/ 1 8 „ A We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan, the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community, and it will compromise the quality of life and rural lifestyle of the surrounding neighbors. Signature Name Address 2 � r lG'rtLrnc +, Cr. d11o(.l�tx.l' .:a7 _1 .� a We, the undersigned, as residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents; the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community, and it will compromise the quality of life and rural lifestyle of the surrounding neighbors. Signature Name L . r e't( /' Iei'lf'- Address We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents, and it will compromise our quality of life and rural lifestyle. Signature Name Address _J �1"A(vfwd d L tu c 0� ti C o/ • We, the undersigned as surrounding residents, oppose the proposed Estates Shopping Center at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard for the following reasons: it is inconsistent with and compromises the integrity, intent, and vision of the Golden Gate Area Master Plan; it bypasses the process built on public input from all residents, the potential long -term repercussions and precedents(s) it will set will compromise the character of our rural community; and it will compromise our quality of life and rural lifestyle. 8A November R, 2010 FROM: EUGENE A. PAWELAK AND CAROLYN F. PAWELAK TO: WHOM IT MAY CONCERN RE: "E- MAIL" FIRST &THIRD(.iCOMCAST.NET' FIRST & THIRD UNITED GROUP WE ATTENDED A LOCAL COMMUNITY MEETING WHERE THE TOPIC OF A PROPOSED SHOPPING CENTER ON GOLDEN GATE BLVD. BETWEEN 1sT AND 3RD STREETS WAS FIRST BROUGHT LIP. IT WAS AT THAT MEETING THAT WE WERE APPROACHED TO JOIN THE "FIRST and "THIRD STREET" GROUP, WHICH WE DID, IN OPPOSITION TO THE PROPOSED PROJECT. AT ENSUING MEETINGS HELD BY THE DEVELOPER'S REPRESENTATIVES, ORGANIZERS AND MEMBERS OF THE I' AND 3RD GROUP VIGOROUSLY POINTED OUT MANY REASONS WHY THE PROJECT WAS DETRIMENTAL TO THE COMMUNITY AS WELL AS BEING OUT OF COMPLIANCE WITH THE `MASTER PLAN.' AFTER SEVERAL MEETINGS, WE LEARNED FROM A COUNTY COMMISSIONERS' MEETING THAT THE I ST AND 3RD GROUP HAD `AGREED TO AN ARRANGEMENT' WITH THE DEVELOPER AND HAD WITHDRAWN THEIR OPPOSITION. ]'HIS WAS TILE FIRST THAT WE HAD HEARD OF IT. THE LEADERS OF THE GROUP DID NOT INFORM US. WE ATTEMPTED TO FIND OUT THE PARTICULARS FROM THEIR WEBSITE ONLY TO FIND "CHAT THE SITE NO LONGER EXISTED. WE HAVE NOT HEARD FROM ITS LEADERS SINCE THE AGREEMENT. WHILE THE ARRANGMENT WAS BETWEEN THE DEVELOPER AND A CERTAIN INDIVIDUAL OR INDIVIDUALS OF THE FIRST /T'IIIRD GROUP, WE WERE EXCLUDED. THE 1ST /3RD STREET GROUP DOES NOT REPRESENT US, AND WE ARE STILL IN OPPOSITION TO THE PR,)JECT. i UnVIS RUULEV ANU "' 0 � !s C i � - _._-( p EXHIBIT A ve wn �r -moo- - - LEGEND M III, i � F WHITE BLVDINTERSTAic 0 I ID ES CFB lo. N�1 BIBR.,�o. .a �rce c r n A w YfAI} F p 4RD GOLDEN GATE AREA un[ si:ooa nu o .00x .,.c - I -- I2 26 H) R 27 C �w 0 ❑',; FUTURE LAND USE MAP „ ©... u.ea....ew vr�.-.• IMMOKAI.F.E ROAD ®en..a.......n.u.a... ..ou.... ". aw.a.... ao....vv w....... BY.w Ip `�`ia�nweian.. ar�.na '. ❑.i° wu`nic nr m..i.... am.a L6 ,......,... c« ru ?a .• n. is •.± _.. _:_ -_ Ili _. _ -.. _J -�- __ —__� li A I�LI� � J IMMOKALEF, ROAD Z,fl ANDALL BOULEVARD SUBJECT H 3 12ANDFRMT SITE jI m CP- 2008 -01 _e.. BEACH ROAD C m U GOLDEN GATE BOULEVARD UnVIS RUULEV ANU "' 0 � !s C i � - _._-( p M i � N { WHITE BLVDINTERSTAic 0 I o O .a �rce c r n A w YfAI} F p 4RD os /o r v•.o�a u..o. O un[ si:ooa nu o .00x .,.c - I -- I2 26 H) R 27 C „ UnVIS RUULEV ANU "' 0 � !s C i � - _._-( p M i � N { 0 I o O .a �rce c r n A w YfAI} F p mm� os /o r v•.o�a u..o. O un[ si:ooa nu o .00x .,.c - I -- I2 26 H) R 27 C j p M i � m 0 o _ � I F p b O i� R 28 E 0 ,f m o _ b i� R 28 E 0 ,f ZK7 Pub Iix. Leann Goodson REAL E5IAIE DEPARTMrNT December 8, 2009 Jay Bishop Development Properties, Inc. 82 Fountain Circle Naples, Florida 34119 RE: Estates Shopping Center NWC Golden Gate Boulevard and Wilson Boulevard North Golden Gate Estates, Collier County, FL Dear Jay: Thank you for the update on your proposed site at the NWC of Golden Gate Boulevard and Wilson Boulevard. This site has been of interest to Publix for several years and I am pleased that you have elected to proceed with the rezone petition as well as the comprehensive plan amendment. Should you be successful in this endeavor, I would welcome a formal site submittal package. Once your site submittal has been received, I will commence evaluation of your site for consideration by the Real Estate Committee. In the meantime, I will continue to monitor the progress of your site and I look forward to working with you in the future. Thank you for considering Publix for this location. Sincerely, PUBLIX SUPER MARKETS, INC. Leann Goodson Real Estate Manager LG /sd c: File V' H E H E S H 0 H e I N G i 5 A P 1. E a S u P E" V Election 2010 1 Golden Gate Estates shopping center Shopping center not worth ignoring area's master plan Staff Reports Saturday, October 9, 2010 Collier County commissioners oppose Florida constitutional Amendment 4, which would mandate referendums on projects at odds with established long -range comprehensive plans. It makes little sense then that the ultra -local issue of a 40 -acre shopping center for Golden Gate Estates at Golden Gate and Wilson boulevards should be up for voter review now -- whether the ballot is advisory or binding. At the same time, Estates voters are reminded that another shopping center anchored by a supermarket is scheduled for only four miles away at Randall Boulevard and Immokalee Road. Is the Wilson Boulevard project, much larger than the comp plan would routinely allow, really worth setting such precedent? Public input was the foundation of the Golden Gate master plan that the project developer seeks to set aside today. We suggest that effort has to be respected — and even used again if changes are desired. "Less is more" is a way of life for many people who choose to live in the Estates. We recommend a "no" vote on the Golden Gate Estates shopping center issue that will appear on ballots only in that area on Nov. 2; early voting starts Oct. 18. • • ,i x a N a m 0 v 3 0 v `v 6 4 N N O u 3 3 3 a s Q a 0 a`. c 0 U r w g $ z s a !� CO ` CL �X 00 V � 7 � ` w Z O � m 0 0 m K 0 0 N m a m m T 4 m P O O L a m Q 8A ro 0 0 0 O O O 0 0 LD 0 4. 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Z � r N J Z r g � r ❑ ZNW Q r ¢ O M O J � M Y O ro O d ❑ h Z Z o O p d m L ce O 2 U CL O a` m N o Io N 0 Q F C HC N LL N i � O N n N G ry C ti •C {i � N N � N • L N c L x O w m d 2 0 > v p m M a d E ? > > c a p o g a a m g m x d > N a m @ an d> m K m P: 0 0 > O w N v 0 0 p n x ¢ E @ N E u 0 i v n dl O >O a d a O E `o F 1 to a &8A �. 0 O M 0 E C;Other C;a nuv WAt REPORT '4 forthe Board of County Commissioners FROM: GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION Prepared by: Michele R. Mosca, AICP, Principal Planner HEARING DATE: March 22, 2011 SUBJECT: 2010 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS, PETITION CP- 2008 -1 ONLY (Titansmittal Hearing) ELEMENT: GOLDEN GATE AREA MASTER PLAN (GGAMP) ONLY - for this supplement CCPC TRANSMITTAL RECOMMENDATION and COMMENTS (10/19/09): No recommendation. Motion to Transmit failed by 4/4 vote. Motion was subject to staff alternative text in the Transmittal Staff Report, but revised to: 1) keep the list of allowable uses #1 -27 as proposed by petitioner, but delete #28 [this requires a re- lettering of paragraphs]; 2) revise paragraph "a.12" to reflect the correct SIC Code term; 3) revise paragraph "a." to add a "catchall' prohibited use #14; 4) revise paragraph "b." to reduce the total allowable building area from 225,000 sq. ft. to 210,000 sq. ft., as proposed by the petitioner at the hearing, and to modify the building floor area term; 5) revise paragraph "c." to recognize the potential for more than one grocery use; 6) revise paragraph "e.1." pertaining to the timing of right -of -way donation; and, 6) delete paragraph "n." pertaining to common architectural theme. BCC TRANSMITTAL ACTION and COMMENTS (01/19110): Motion to continue the petition indefinitely so as to allow the petitioner to place the proposal on the November 2, 2010 General Election ballot to determine community support. The following question was posed to voters within Precincts 551, 552, 554, 555, 590 and 591, the geographic area covering almost the entirety of the Estates designation and certain other surrounding areas (refer to attached Straw - ballot Resolution No. 2010 -28 and Precinct Map): Golden Gate Area Master Plan Amendment — Wilson Boulevard /Golden Gate Boulevard Shopping Center Should the Golden Gate Area Master Plan be amended to permit a +40 acre commercial shopping center, consisting of up to 190,000 square feet of gross leasable floor area in single story buildings located at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard, that may include outparcels, inline stores, drive - through shopping services, and whose first occupant must be a minimum 27,000 square foot supermarket? Yes No m • j • • The allocation ratios (market factor of 1.25) for proposed commercial projects within the defined Estates market area are noted in the table below by year and Center type. COMMUNITY CENTER COMMERCIAL 2010 2015 2020 2025 Build -Out Estates 2 -miles east of 951 Population 33,348 40,297 49,808 58,996 81,847 Community Center Commercial Sq. Ft. Demand 7.48 s . ft. /Person 249,443 301,422 372,564 441,290 612,216 Total Community Center Commercial Sq. Ft./ Supply 0 0 730,950 730,950 730,950 1.25 Factor or 125% of demand (with Estates Sho in Center Subdistrict 0 0 1.96 1.66 1.19 1.25 Factor or 125% of demand (without Estates Shopping Center Subd 1 0 0 1.45 1.23 .88 NEIGHBORHOOD CENTER COMMERCIAL 2010 2015 2020 2025 Build -Out Estates 2 -miles east of 951 Population 33,348 40,297 49,808 58,996 81,847 Neighborhood Center Commercial Sq. Ft. Demand (7.48 s . ft. /Person 281,791 340,510 420,878 498,516 691,607 Total Neighborhood Center Commercial S. Ft/ Supply 0 300,000 0 0 0 1.25 Factor or 125% of demand (with Estates Shopping Center Subdistrict) .88 0 0 0 1.25 Factor or 125% of demand (without Estates Shopping Center Subdistrict ) .59 0 0 0 The data in the above tables indicate that there is a present and future demand for Neighborhood Center commercial beyond the planning horizon of 2020 in the Comprehensive Plan. Conversely, there is no present demand or future demand through the planning horizon year of 2020 for Community Center commercial square feet. Other Factors: As previously noted, the Florida Senate Interim Report 2010 -07, provides that when the market factor ratio of 1.25 (125% of demand) is exceeded other factors can be considered such as, suitability of the property for change, locational criteria, community desires, job creation, etc. Based on the proposed uses and total square feet, staff views the proposal as a Community Center commercial project. Both staff's analysis of the Community Center commercial supply and demand and the petitioner's analysis of all commercial demand, yield that the 1.25 market factor is exceeded within the Plan's planning horizon (2020). Therefore, potentially the evaluation of those other factors could be used as a basis to approve this request. Staffs analysis of those other factors is provided below. ip, • Suitability for Change and Locational Criteria; (1)'The subject project includes 5 -acres presently designated Neighborhood Center Subdistrict, which allows C -1 through C -3 uses, and two other Tracts could be approved for conditional uses of the Estates designation, and the balance of the property could accommodate residential units. The subject property is suitable for development under its existing designation ,(2) The size of the site, size of the Center and use intensity proposed are out of character with the semi -rural development pattern of the surrounding area 4" ; •.:u(3) The site is located at the intersection of two rural collector roads with relatively high traffic volumes '(4) The site is centrally located for a large portion of Golden Gate Estates, east of C.R. 951 ji -;,(5) The site is only 3.5 road miles from the Randall Blvd. commercial center (approved for 401,950 sq. ft.) and 5.5 road miles from the Orange Blossom Ranch commercial center (approved for 200,000 sq. ft.). Community Desires The results of the referendum indicate the majority of those persons voting ( ±76 %) support this project. Additionally, the results of surveys conducted by the petitioner indicate the majority of respondents support the project. _- a Job Creation The petitioner indicates that the project will build out in the year 2020 with the oration of a approximately 269 jobs. Subdistrict Text: Text is as presented to the BCC at the Transmittal hearing, except that the square feet cap has been reduced from 210,000 sq. ft. to 190,000 sq. ft. subsequent to the November 2010 General Election. [page 35] 6. Estates Shopping Center Subdistrict — Recognizing the need to provide for centrally located basic goods and services within a portion Northern Golden Gate Estates. the Estates Shoppinq Center Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to V Street NW and extending northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates, totaling approximately 41 acres. The Estates Shopping Center Subdistrict is intended to Drovide convenient shoDDin personal services and employment for the central areas of Northern Golden Gate Estates. Commercial development in this Subdistrict will reduce driving distances for manv residents. assist in minimizina the road network reouired. and reduce traffic impacts in this area of Collier Count All development in this Subdistrict shall comply with the following requirements and limitations: a. Allowable Uses shall be limited to the following: 1. Amusement and recreation Groups 7911— Dance studios. schools and halls. excluding discotheaues 7991 — Physical fitness facilities 7993 — Coin - operated amusement devises 7999 — Amusement and recreation services, not elsewhere classified, including only day camps, gymnastics instruction judo /karate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 10 • h. Development standards, including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoning. Any future PUD rezone shall include at a minimum: (1) Landscape buffers adjacent to external rights -of -way shall be: • 16`/3" Streets- Minimum 30' wide enhanced buffer • Wilson Boulevard- Minimum 25' wide enhanced buffer • Golden Gate Boulevard- Minimum 50' wide enhanced buffer (2) Except for the utility building, no commercial building may be constructed within 125 feet of the northern property boundary and within 300' of the 3rd Street NW boundary of this subdistrict. (3) Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy -five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty -five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re- planted native vegetation and must be consistent with subsection 3.05.07.1-1 of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.1-1 of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the proiect requires permitting by the South Florida Water Management District the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. ;FINDMS AND CONCLUSIONS: • No present demand for Community Center commercial within the Comprehensive Plan's planning horizon of 2020 • Presently there is a greater deficit of Neighborhood Center commercial in Golden Gate Estates (no Neighborhood Centers approved, and there are two Community Centers approved for 540,950 sq. ft.) • The first project phase will likely develop as a Neighborhood Center • At build out, the project will be a Community Center but will function as both a Neighborhood Center and Community Center The project market area overlaps (13,196 persons in year 2015 — and 14,984 persons in year 2020) with the approved Randall Blvd. Commercial Center market area, which means 17 •t that households within this project's market area will be served by the Randall Blvd. Center, with the exception of households south and southeast of the proposed project • The data and analysis indicate the project will result in a reduction of vehicle miles traveled • This project, inclusive of transportation mitigation commitments, will not result in a reduction in level of service standard for any Category A public facilities • The proposed project size, and use and intensity are out of character with the surrounding semi -rural development pattern - •, Approval of this project at a Community sized center and use intensity may diminish the value of existing commercial properties and the need for other commercial in Golden Gate Estates • Project site is located within 3.5 and 5.5 road miles of approved Community Centers • The results of the November 2010 referendum indicate the majority of those persons voting (76 %) support the project STAFF'S CONCLUSION AND RECOMMENDATION: Based on the data and analysis submitted, the proposed site would be more appropriate for a neighborhood commercial sized center with the corresponding C -1 through C -3 commercial uses of the Land Development Code, with a limitation of a 20,000 square feet cap for individual users, with the exception that the grocery use may exceed the cap. Additionally, staff recommends eliminating the Conceptual Site Plan within the Master Plan as it is unprecedented to incorporate a site plan into the GMP, and the environmental data provided on the site plan is iL - inadequate to determine compliance with the Policies of the Conservation and Coastal `w.. Management Element. 7 The discrepancy between the petitioner's request and staff's recommendation was heard by the Board on January 19, 2010 at which time the Board directed staff to seek the community's desire through a straw -poll ballot. While staff continues to support a moderately sized commercial center, the public (via referendum) overwhelmingly supported a 190,000 square feet center. As noted previously herein, the Florida Senate Report provides that if the commercial ratio of 1.25 is exceeded, other factors, such as suitability of property for change, locational criteria, job creation, community desires, etc., may be considered. Accordingly, despite staff's finding that the technical Needs Analysis does not support the petition as proposed within the Comprehensive Plan planning horizon of 2020, the Board of County Commissioners may consider the following factors in reaching a decision to approve this petition. The petition does provide for a reduction in vehicle miles traveled, local job creation and has community support. ��� c ��L) - �� 7-n v �r?Jst(rnac_ I 1010-7 outhwest Florida Regional Planning Council 926 Victoria Ave, Fort Myers, Florida 33901 -3414 (239) 338 2550 FAR (239) 338 2560 vrwwswlrpc.arg March 14, 2011 Mr. Mark'featers 140 Wilson Blvd. Naples, Florida 34117 Re: Comprehensive Plan Amendment DCA 10 -1 (CP- 2008 -1) Clarification of Council Action Dear Mr. Teaters, We have received your request to clarify the Southwest Florida Regional Planning Council's action relative to the Collier County requested Comprehensive Plan Amendment identified as part of the Florida Department of Community Affairs (DCA) submittal identified as DCA 10 -1 and identified by the County as CP- 2008 -1. At the March 18, 2010 Council meeting, the members of the Council reviewed the Council staff report on the requested Collier County Comprehensive Plan Amendment. fhe staff report stated that the petition was requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, in order to allow the creation of the Estates Shopping Center in Golden Gates Estates. I he project was described in the County's submittal as a project that would contain a maximum of 210,000 square feet of commercial uses. The uses were those identified in the County's C -5 zoning district and included a requirement to construct a grocery store. The proposed site was identified in the report as being located on the Golden Gate Boulevard and extended from Wilson Boulevard on the west to 3`a Street Northwest on the cast. The subject site contained +/- 40.62 acres. Based on the County staff report, the proposed development went through some parameter changes as it was reviewed by the Collier County Planning Commission (CCPC) and the petitioner wo, ked with the County staff to resolve the required changes. During the public input portion of the CPCC meeting, the County staff report stated that several people related local concerns about the proposed development. These concerns dealt mostly with increased traffic in the area, consistency of the development with the rural character of' tile area, whether there was enough population present to support the level of proposed development, and whether there would be disruptions in the general quietness of the area. After the CCPC meeting, the petitioner agreed with the County to reduce the size of the proposed development frorn 225,000 square feet to 210,000 square feet, to increase the project's buffers, and to increase the project's building setbacks. In addition, the petitioner submitted additional i data and analyses that dealt with the ,need" for the proposed amendment and submitted additional data and analysis to address 1113 697, which pertained to energy conservation and efficiency of the proposed development. The Council staft report stated that based on the additional information, County staff concluded that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to the area's residents. Council staff agreed with the County staffs traffic observations. Given the information available in the County's submittal, Council staff reviewed the proposed amendment request and found it to be not regionally significant due to its sub -DRI threshold magnitude, its location away from jurisdictional lines and its character as a needed shopping facility in Golden Gate Estates. Council staff stated that given its location in the County, it world help provide employment opportunities and reduce vehicle trips into the urbanize portion of Collier County. Council staff also found that the proposed development, given the development parameter conditions being placed on the development by the petitioner and County was consistent with the Strategic Regional Policy Plan (SRPP). As we discussed in our meeting of March 8, 2011, Council staff does not agree with the statement shown on the developer's internet site that implies that the Council approved the proposed development. As we related to you, Council does not approve nor deny projects, but makes recommendations as to the consistency of proposed Comprehensive Plan amendments with the SRPP. The Council is in fact one of several commenting agencies that makes recommendations to DCA. The Council, like the Water Management Districts, the Department of Transportation, or the Department of Environmental protection review projects and made recommendations to DCA based on their areas of expertise, in the Council's case Regional Issues, who then makes the final decision as to whether a requested amendment is either approved or denied. Only the DCA has the authority to make such decisions. With respect to the subject amendment identified above, the Council approved the staff recommendation made to DCA on March 3, 2010 that the request was not regionally significant and was consistent with the SRPP. DCA then used this recommendation with others to make the final approval or denial decision relative to the County's requested amendment. We hope this response provides the clarification that you requested. Should you have any additional questions concerning this Council action, please do not hesitate to contact David Crawford, Principle Planner with the Council. Sincerely, SOUTHW ST FLORIDA REGIONA PLANNING COUNCIL l k � Ken4th Heal erington i Executive Director DYB /DEC MINUTES OFTHE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL MARCH 18, 2010 The regular meeting of the Southwest Florida Regional Planning Council was held on March 18, 2010 at the Southwest Florida Regional Planning Council - V Floor Coulereuce Room at 1926 Victoria Avenue in Fort Myers, Florida. Chair Mick Denham called the meeting to order at 9:00 a.m. Commissioner Butch Jones led an invocation and the Pledge of Allegiance. Senior Administrative Staff Nichole Cwinnettconducted the roll call. U u : t 7'iyy�f►YY Charlotte County: Councilman Don McCormick, Commissioner Tricia Duffy, Ms. Andrea Messina Collier County: Councilman Charles Kiester, Commissioner Jim Coletta, Councilwoman Teresa Heitmarm, Commissioner Frank Halas, Mr. Bob Mulhcrc Glades County: Commissioner Kenneth "Butch" Jones, Dr. Edward Elkowitz Hendry County: Commissioner Karson Turner, Mayor Paid Puletti Lee County: Commissioner Ray Duda h, Mayor Mick Denham, Councilman Forrest Banks, Mayor John Sullivan, Councilman Toni Babcock Sarasota County: Commissioner Jon Thaeton, Councilman Ernie Zavcdnyik Ex- Offiicio Members: Ms. Dianne Davies - SWFWMD, Mr. Jon Iglehart - FDEP, Mr. Phil Flood - SFWMD, Mr. Johnny Limbaugh - FDOT, Ms. Tainunie Nennecek - EDC of Collier County Charlotte Coun Collier County: Glades County: Hendry County: Lee County MEMBERS ABSENT Commissioner Robert Skidmore, Mr. Alan LcBeau None Councilman Michael Brantley, Commissioner Paul Beck Commissioner Tristan Chapman, Mr. Melvin Kar'au, Mayor Mali Chamncss Commissioner Taunmy Hall, Ms. Laura Holquist, Mr. Paul Pass, Councilman John Spear z Uri Sarasota County: Commissioner Carolyn Meson, Mr. George Marrarantauri, Commissioner - 1'ourJones, Mr. David Farley Ex- Officio Membership: None MOMENT OF SILENCE 'fhe Council held a moment of silence in memory of Lce County Coil uuissioner 13ob Jaues who also was a former Chair and member of the Council. Coil unissioner,)udah announced that there will be a celebration of Cornmissioncr Jancs' life held at the Hm-borside Event Center on March 22' "' at 4:00 par. Chair Denharn announced that the Council will be malting a ,fr 100 contribution to die Bob Janes memorial fund. INTRODUCTIONS Chair Denham introduced: Ms. Diana McGee, Regional Director from US Senator Bill Nelson's Office and Mr. Dick Keen from i1S Congessinan's Tom Rooney's Office. AGENDA ITEM #1 AGENDA Ms. Messina moved and Dr. Elkowitz seconded to approve the agenda as presented. The motion tamed unanimously. AGENDA ITEM #2 MINUTES OF FEBRUARY 18, 2010 Councilman Kiester moved and Ms. Messina seconded to approve the minutes of February 18, 2010 as presented. The motion carried unanimously. Chair Denhaun announced that he would be pulling Consent Agenda Item #3(d) Collier County Comprehensive: Plan Amendments (DCA 10 -1) for discussion purposes. AGENDA ITEM #3(d) Collier County Comprehensive Plan Amendments (DCA 10-1) Chair Denhain stalled that he is particularly interested in Amendment CP 2009 -1 where the continents which stadl' had written indicate this aniendment would be very detrimental to Everglades Restoration, cte. Mr. Crawford of stall explained that Amendment CP 2009 -1 of the Collier County Cornprehcusive Plan is a petition to change their fixture land use element and their future land use map and reap series to create the Dade- Collier Cypress Recreation District within the conservation designation. The site is located on the Dade - Collier County line, just north oft IS4 1. The property is owned by Dade County and it is really to mace a recreation area for a variety of uses that you would normally find in a recreational park. The most serious concern that stall had was the proposed ATV usage in the area. Collier County has been looking for an ATV park location for several years, This piece of property was decided upon and studied by Dade County as the most appropriate for that use, so Collier County is eying to amend their comprehensive plan in order to allow the ATV park in that, location. Still has concerns for basically two main reasons: there are environmental concerns when you bring ATV vehicles into that area (the Everglades); and, there is a canal oil die Everglades Restoration list, which is an approved project in the F.veglades Restoration (1,28), that is located just to cast of the property. The Everglades Restoration is proposing to fill that canal which is going to change tie sheet -flow in the Glades that will go over the site, so the water will be much more significant then what it is at the present time. Still has received comments from die SFWMD in agreement that the canal issue could cause a problem in future for the use of the park for the proposed activities on the site. Staff recommends that it is regionally significant and inconsistent with the SRPP in terms with the environmental impacts the Everglades Restoration. Chair Denham referred to Item 7 on Pages 64 and 65 of die item. He read staff's comments on the negative impacts. Commissioner Cole[ta explained that this has been a special project which he has been working oil very closely with Commissioner Peppe Diaz from Miami -Dade County. He noted that when the Picayune sorest was the south block of Golden Gate Estates, everyone had access to it for A'PVs and it was a tremendous recreation location for families. As time went along the Stale realized that they had to do something along a conservation effort than what has been clone in the past, so they cane to Collier County and said if you give its the roads in the proposed Picayune Forest we will give you a square mile (640 acres) for ATV recreation. Unfortunately, to this day that never happened, so Collier County has been working ever since trying to come up with something for ATV recreation. This project is a partnership with Miami -Dade County on airport laud which is already disturbed land and is fenced in. The property has man -made lakes arid when the airport was built they filled in the land around it. He doesn't feel that there are any environments impacts or endangered species on the property. As it is now the properly floods during die summer time so the recreation vehicles will not be able to use die property. Commissioner Coletta noted that the preserve next to the property was created with a combined effort of the emrironmentalists and the access community that likes to hunt and fish on the property. He then asked the Council that if they find ahh issue with the .amendment to continue Amendment. CP 2009 -1 so that a more formal presennhtion could be made and members of the community could be present. He noted that the Collier County 13OCC passed the amhemdment With it 5 -0 vote. Commissioner Halas asked where Council staff received their information from. Mr. Crawford explained that as far as the L28 information is concerned it carne directly from the SFWMD and die environmental information came from local knowledge. I Iola, Commissioner I-lalas stated that when this amendment cane before the Collier County BOCC lie had some questions at lie time and had asked staff and lie was assured that there wouldn't be army environmental impacts, but now that he has read Council stall's continents and lie now has some concerns once again. Couuhnissioner Judah said that lie applauds Council stall comments and bringing forth this sensitive issue and lie also respects and appreciates the position of the Collier County BOCC in reW,uds to Ilse promise that was made to die ATV recreational users. He then said that this was a holy war when this jetport landing strip was built and killed during the Nixon Administration, because of its impacts to the Everglades. It absolutely has a devastating impact to the Everglades Restoration and he welcomes to hear both sides of the issue and defer the item for that purpose. Mr. Mulherc stated that another consideration is one of the issues that has been dealt with in Collier County in the significant anouul of lands that are under state and federal ownership, where almost 80% of Collicr County are under state or federal ownership, was the illegal use of lands for ATVs and tlhe danage that was occurring as a result of that use (i.e. Big Cypress and Collier - Seminole State Park). This whole process was intended to lind a location where this specific type of recreation use could be properly controlled and managed, and the impacts associated with it could also he properly controlled and managed. Mr. Mulhere moved and Commissioner Judah seconded to continue Collier County Amendment CP 2009 -1 in order to have a presentation on the issue at the April Council meeting. The motion carried unanimously. Commissioner Coletta requested to approve the remaining six amendments that are within tie itern. Mr. Hutchinson of staff requested that Mr. Crawford give an overview of the DCA process. Mr. Crawford explained that DCA has a schedule for the ORC report which Council stafh has to also meet that schedule. DCA will be producing the ORC report within the next month, so what he will do is take the Council's comments from the meeting and send them to DCA. Commissioner Thaxton asked if DCA's tmehnc is set by rule. Mr. Crawford replied yes. Commissioner Thaxton stated then in essence the Council would be making no comments in reference to Amendment CP 2009 -1. Mr. Crawford explained that we would unless DCA decides to change it for this particular one and defer the ORC report. Commissioner'rhaixton asked if DCA has the legal authority to change it and give the Council the opportunity to submit comments at a later (late. Mr. Crawford replied that he has never seen it clone before. Commissioner Coletta explained that it is moving forward for trmsmittal and it has to come back through tie process again in Collier County for adoption. Mr. Crawford stated that after it is adopted it does come back for amothcr round of comments. Commissioner Thatirton slated that the time to get comments into the process is riot at die adoption hearing, it is during the transmittal period and that is why the process is set up the way ilia[ it is. Commissioner Judah asked for clarification that die Council is not to move (onward on the amendment. Mr. Crawford explained that he would write in the letter to DCA that Amendment CP 2009 -1 would be continued and pulled from the request. Mr. Mood asked if staff conumcmts are sent to DCA without the Council's blessing. Mr. Crawford explained that the comments are sent to DCA as stall comments with a letter stating that they are stall comments and they will be reviewed by the Council at die Council meeting and it there are any changes to the comments, staff will provide the Council's comments to DCA. Commissioner Judah stated that the CP 2009 -1 Amendment is not being moved forward at this tine, so die comments will be reserved regarding this amendment until after (lie April Council nneeting. Mr. Crawford explained that the Council is a commenting agency and the comments will state that Amendment CP 2009 -1 has been continued for one month for further review. Mr. Mulhere stated that lie doesn't believe that the Council has the authority to slop the amendment from moving forward, but Collier County could choose to withdraw this particular amendment, He does feel that it is important that the Council's comments move forward. Commissioner Judah stated that his assumption was that Collier County would withdraw Amendment CP 2009 -1 until the Council has time to review it. Commissioner Halas stated that he has a concern with what he read in the Council's staff report and lie was also surprised that it was on the consent agenda. He believes that tine issue needs to be discussed further. If there ac environmental and endangered species impacts and if the SFWMD has some concerns, even though they haven't met their obligations, Collier County also has to make sure they meet their obligations of their federal partner of the lands and what their intended use is and what trey are planning to do with the sheet -flow. These issues weren't brought out in the board meeting about them filling in a canal, which will create additional sheet -flow. Ms. Davies stated that Mr. Mulhere was correct in stating that Collier County could grant a continuance or extension to die petition to DCA. She then explained that it is her understanding that Amendment CP 2009 -1 is the only amendment among the amendment item, which has several anendments that are being proposed, the Council doesn't want to comment on and the rest of the amendment package will go through to DCA. She noted what she has seen happen is when die remainder of die amendment package goes through and Collier County receives the ORC Report, they will be able to address those comments through their review of the ORC Report. However, she has also seen DCA come back after an ORC Report has been addressed and pull specific petitions to be entered as out of compliance within that amendment package. So Collier County could end up with a Notice of Intent for Compliance In or Out of Compliance with the one specific petition being excluded. Mr. Mulhere explained that typically is what Collier County will do which is set it up under a separate resolution. He then said that if the Council can move the rest of the amendment package forward with pulling Amendment CP 2009 -1 and either make it recommendation today or defer making a recommendation which is die concern Commissioner Thaxton had expressed. ME1 • Mr. Mulhere and Commissioner Judah withdrew their motion. Chair Dcnhaun suggested to forward stall couunents as presented, but with additional comments as the Council has noted. Commissioner Coletta stated that he would like to hear from the opposition, not just have die Council base their decision on staffs report. He feels that what is written in stall's report is a distortion of die truth because the has been out to the site many times. He feels that it is unfair not to be able to have a presentation be made with all of the parties involved. Dr. hlkowitz stated that he agrees with the Chair's comments but they need to be stronger. 'fhe comments that are sent to DCA needs to be stronger in die way that the Council moves forward with die exception of this particular item which the Council wants to review and have a public hcaring and have a review by Collier County, Dadc County, and die Council. He said to move fon-ivard with die package, excluding this particular item until further investigation. Commissioner judah moved and Commissioner Thaxton seconded to move forward with stalls recommendations and also include Council's comments as noted. Commissioner Thaxton stated that the argument that was made was that there would be ahnple opportunity to review it at the adoption hcaring. He noted that the Council meeting was a duly advertised public hearing, so there was plenty of time for those individuals who wished to pull or to prepare comments on this item to attend this meeting and make their case, On the other haunt, staff is present, their comments are prepared, and are prepared to defend what they stated within die report. We lhire professional staff for the very reason of getting this sort of professional input. So, he feels that if there was some other input on the issue they should have been in attendance. This is why he supports transmitting staffs recommendations and then if there is additional professional input that should be heard by the Council, we will have (tic opportunity to do it at the adoption phase. Mr. Mulhere moved an amendment to the motion and Commissioner Judah seconded to include a recommendation from the Council to Collier County to voluntarily relieve the Council staff' from the 30 day comment period which would allow enough time for staff to come back to the Council and make a presentation in advance of providing ORC comments. Dr. Elkowitz stated that lie feels that the Council needs to spell out to DCA exactly what it wants. Mayor Pulctd asked for clarification in what is die definition of ATV recreation for die proposed site. Does it include inud holes, faunily picnics, etc. Commissioner Coletta replied that includes designated trails which there are a limited amount of them and there will be some picnic grounds. There are existng lakes with fish which will be available for fishing, camping areas available for family caunping, which is all during the appropriate season. Commissioner Turner noted that some of due wildlife management areas, Spirit of de Wild is 8,000 acres, Okee Slough is 34,000 acres, Dinuer Island Wildlife Management Area 2/1,000 acres, and currently Hendry County is 50% owned by the State of Florida and our residents have zero arctLs to drive an oll' road vehicles. He stated that he agrees with Commissioner Coletla thaL there needs to be places for families to go with their recreational vehicles. The amendment motion passed with three opposed. The main motion passed with four opposed. AGENDA ITEM #3 CONSENT AGENDA Commissioner Judah moved and Councilman Banks seconded to approve the consent agenda as amended: Agenda Item #3(a) Intergovernmental Coordination and Review; Agenda Item #3(b) Financial Statement for February 28, 2010; Agenda Item #3(c) Estero Bay ABM Elections, Workplan & Bylaws; Agenda Item #3(e) Lee County Red Sox Stadium DRI - Development Order Review; Agenda Item #3(f) North Port Gardens DRI - Request for Extension; and Agenda Item #3(g) Florida Gulf Coast Technology & Research Park DRI - Request for Extension. The motion carried unanimously. AGENDA ITEM #4 HARBORVIEW SUBSTANST]AL DEVIATION DRI - STAFF ASSESSMENT Mr. Dan Trescott of staff explained the distributed letter requesting a continuance of the DRI Staff Assessment until the Council's April meeting. Commissioner Judah moved and Commissioner Duffy seconded to approve the continuance of the Harborview Substantial Deviation DRI Staff Assessment to the April Council Meeting. ConunissionerJudaln stated that there is a issue because the proposed subject property is within the coastal high hazard area and flood way and FEMA just recently adopted changes to the FEMA tloodplain regulations which doesn't allow fill in flood ways. Mr. "Prescott explained that he is working on that issue with Charlotte County. He stated that he is not sure if there really is a flood way located within the subject property, there is dclinitely a coastal high hazard area issue which apparently the, county and applicant has worked out regarding the number of units that is allowed. There is a' V" zone and in terms of their regulations they have allowed no more dran one loot of 1-111 unless the applicant is going to fill die entire site and then they can actually request a map Change. Commissioner.ludah noted that Lee County's Comprehensive Plan calls for a reduction in density in coastal high hazard areas and not an increase in density. Mr. Trescott stated that the law states that you cannot increase the density within the coastal high hazard area, which is going to change pretty soon because we are working on the new storm surge maps for the coastal counties as soon as the model is completed for the hurricane center. 51 of 6518 A 2. Petition CP- 2007 -3 This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care, and community outreach programs. The proposed development will contain a maximum of 90,000 square feet for the property located on the south side of Oil Well Road (CR 858), approximately '/4 mile west of Everglades Boulevard. The subject site contains +/- 21.72 acres. 3. Petition CP- 2008 -1 This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create an Estates Shopping Center a maximum of 210,000 square feet of commercial uses identified in the C -5 zoning district, with a requirement to construct a grocery store, for a site located on the north side of Golden Gate Boulevard extending from Wilson Boulevard west to 3rd Street Northwest. The subject site contains +/- 40.62 acres. 4. Petition CP- 2008 -2 This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use May and Map Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional 370,940 square feet of commercial uses identified in the C -4 zoning district, with exceptions. The property is located on the south side of Randall Boulevard, extending from 8'h Street Northeast and extends to the west to the canal on the west side of the Big Corkscrew Island Fire Station. 5. Petition CP- 2008 -4 This petition is requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to redesignate from the Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill. The subject site contains +/- 28.76 acres. 6. Petition CP- 2008 -7 This petition is a staff requested amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the County's Growth Management Plan. Petition CP- 2009 -1 This petition is requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to create the Dade - Collier Cypress Recreation District within the Conservation Designation for a site located along the Miami - Dade /Collier County border. The subject site consists of +/- 1,608 acres. 53 of 651 v A the County to require an amendment, Council staff has no objection to the requested amendment, however, based on the submitted information it appears that the petitioner has not completed the land use review process. Therefore, Council staff finds the petition procedural and not consistent with conditions with the SRPP. 3. Petition CP- 2008 -1 Based on the County staff report, this proposed development has gone thru some changing parameters as it was reviewed by the CCPC and the petitioner worked with the County. During the public input portion of the meeting, several people stated local concerns about the development, mostly dealing with increased traffic, consistency with the rural character of the area, whether there was enough population to support the development, and whether there would be disruptions in the quietness of the area. After the CCPC meeting, the petitioner reduced the size of the proposed development from 225,000 square feet to 210,000 square feet, increased buffers, and increased building setbacks. In addition, the petitioner submitted additional data and analyses that dealt with the "need" for the proposed amendment and submitted additional data and analysis to address HB 697, which pertains to energy conservation and efficiency. Based on the additional information, County staff concluded that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to the area's residents. Council staff agrees the County staff's observations. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to its sub- threshold magnitude, location and character. Council staff believes that given its location in the County, it would help provide employment opportunities and reduce traffic on the adjacent road network. Council staff also finds that the proposed development, given the development parameter conditions being placed on the development by the petitioner and County is consistent with the SRPP. 4. Petition CP- 2008 -2 At the CCPC meeting, the petitioner proposed changes to the requested amendment to reduce the size of the development from 431,950 square feet to 411,950 square feet (finally per the County summary document to 370,950 square feet), increase the Randall Boulevard Center PUD from 21,000 square feet to 31,000 square feet, and provided additional data and analyses. The CCPC recommended that County staff recommendations and text relating to the proposed project's allowable square feet figures, the C -4 zoning district, and the discontinuance of the of the Corkscrew Island Fire Station and Florida Division of Forestry Fire Tower be approved. Subsequent to the CCPC meeting, the petitioner provided additional data and analysis concerning the "need" for the commercial development and additional data concerning the requirements of HB 697. County staff expressed concerns about the "needs" information that was submitted, which dealt mainly with petitioner's conclusions reached 4 454 85T • about a grocery use as part of the development proposal, yet the proposed subdistrict text did not require a grocery store. The County staff was concerned because the petitioner claimed that the grocery store would reduce vehicle trips and provide employment opportunities for the area's residents. Based on the information submitted, the County staff expressed concerns as to its accuracy. Based on the County staff report, the proposed amendment would allow a development that would result in the following County findings: 1) The proposed site specific commercial amendment is a departure from the residents' established vision for Golden Gate Estates; 2) The Golden Gate Area Master Plan (GGAMP) limits new commercial projects in the Estates to uses generally found in the C -1 through C -3 zoning districts of the Collier County LDC, which are intended to serve the basic shopping needs of the area's residents; 3) Approval of the proposed subdistrict circumvents the master planning process and limits public involvement; 4) The proposed development will most likely alter the semi -rural character of the Estates area by increasing noise, light, and traffic; 5) The intensity and scale of the proposed development is consistent with commercial intensities found in urban areas; 6) The project's Primary Trade Area (PTA) and Secondary Market Area (SMA) has been identified for a demand for community commercial serving uses in 2010 of about 8,714 square feet, increasing to approximately 195,034 square feet by 2030. (It should be noted that 210,000 square feet of community commercial land uses are proposed in CP 2008 -1 as seen above.); 7) The petitioner's market analysis identified that in the proposed project's PTA and SMA approximately 473,963 square feet of community center commercial land uses could be supported. However, the analysis did not less out the already approved community commercial supply of 200,000 square feet on 44 acres in the Orange Blossom Ranch PUD; 8) The CIGM identifies a deficit of community commercial land uses in the Estates and Rural Settlement Area will exist in year 2010 in the amount of 63,817 square feet and increase to 412,216 square feet by buildout. However, this deficit does not take into account the potential commercial square footage supply in the pending Big Cypress DRI, which is located approximately 6 miles from the proposed project site. The proposed DRI is likely to provide commercial and employment opportunities to residents residing in the eastern areas of the Estates; 9) No significant public facility impacts, except those related to the transportation network are expected to occur as a result of the approval of this amendment; 10) Approval of this request to add 390,959 square feet of commercial uses at the subject location may be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, if the mitigation is approved by the BoCC; 5 1* V A 55 of 651 II)The project consists of assembled properties that can accommodate community commercial uses. County staff is aware of no other assemblage in the Estates designated lands, except for land contained in the GMPA CP 2008 -1 and the Orange Blossom Ranch 200,000 square feet; 12) The project will be served by central water and sewer; 13) The site has access to Randall Boulevard, a collector road that will eventually become a 4 -laned divided highway; and 14) All development in this Subdistrict will be subject to lighting requirements found in Policy 5.1.1. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to the fact the proposed development allowed by this amendment is just below the DRI threshold and therefore does not have the magnitude, location and character to be significant. Council staff agrees with the County staff that this project is not consistent with the Golden Gate Area Master Plan and there is no "need" for a project of this size at the current time. Council staff finds that the proposed development, given the development location and character concerns of the project, is not consistent with the SRPP 5. Petition CP- 2008 -4 Based on the County staff report, the original Rural Fringe Mixed -Use District (RFMUD) designations were based upon landscape scale analysis. Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different site characteristics. According to County staff this amendment petition provided data and analysis that the subject site's specific environmental conditions supports the redesignation and the impacts to the County's Transfer of Development Rights (TDR) program will be minimal. The site will be subject to all growth management plan requirements and limitations of the Neutral Lands designation, including the native vegetation preservation/retention requirements of the Conservation and Coastal Management Element (CCME). These requirements will be calculated at the time of any Conditional Use review by the County. The southerly property boundary coincides with the current boundary recommended by the Wilson/Benfield Corridor Study for future road rights -of -way, in accordance with the County's Long Range Transportation Plan (LRTP). The site is recommended to be reserved for right -of -way at the time of Conditional Use review by the County. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to the fact the proposed change will have minimal environmental impacts to the area and does not have the magnitude, location and character to be significant. Council staff finds that the requested land use change is procedural and given the location and character of the site, the amendment is consistent with the SRPP 0 /, In reviewing the Staff Report, I note it contains comment and analysis throughout regarding petition CP- 2008 -1. This petition was NOT approved for Transmittal by the Collier County Board of County Commissioners, rather was continued indefinitely so may become part of a future amendment cycle. The approving Resolution does NOT include this petition and the amendment package does not include the Collier County Staff Report or application materials for petition CP- 2008 -1. For petitions that were approved for Transmittal, some County staff maps depicted multiple petition sites (several sites within same geographic area — Golden Gate Estates east of Collier Blvd. /CR 951), including CP- 2008 -1; perhaps that caused some confusion to the reviewer. I bring this to your attention as I wouldn't want the Council to needlessly spend time reviewing /discussing this non - Transmitted petition. Thank you. David David Weeks, AICP, (iinwh Plan Manager Collier County Government Community Development & Environmental Services Division (CDES) Engineering, Environmental, Comprehensive Planning and Zoning Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-252-2306 fax 239-252-6689 email: david week s _((dcolIiereov. net website: www.colliereov.net RPC Staff Report on Transmittal GMPAs for March 18 2010 RPC Meeting — emails 3 -11 -10 G: \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments \2007 -2008 Combined Cycle Petitions \Communications re 07 -08 GMPA Cycle dw /7 -12 -10 • 2 From: weeks_d Sent: Thursday, March 11, 20101:37 PM To: 'Ken Heatherington'; David Hutchinson; David Crawford Subject: RE: RPC Staff Report on Collier County GMP Amendments - March 18, 2010 RPC Meeting Thanks for your response, Ken. I am content to let it go through since you have already advised DCA, and I see no harm in letting it go through. (I would hope DCA would realize it themselves given there's no application or County staff report or Reso. Ex. A for that petition in the submittal received from us.) My concern was only that time might be wasted. By the way, Commissioner Coletta is very much aware of that petition — it is in his District, he has received a lot of communication about it from constituents, that petition and one other petition were specifically scheduled for hearing after S pm for convenience to public, there was considerable time spent on it at BCC hearing, (and at Planning Commission earlier), and the BCC took the unusual step of continuing it indefinitely — to allow the applicant to coordinate with Supv. of Elections to place a non - binding, straw vote referendum on this petition on the November 2010 ballot! David From: Ken Heatherington [ma iIto: kheatherington @swfrpc.org] Sent: Thursday, March 11, 2010 1:17 PM To: weeks _d; David Hutchinson; David Crawford Subject: RE: RPC Staff Report on Collier County GMP Amendments - March 18, 2010 RPC Meeting Hi Dave: It is always nice to hear from an old friend and collogue - even if it has to do with a Comp Plan clarification. It is comforting that at least someone has read part of the agenda packet. Dave Crawford is actually the comp plan staff reviewer, I have forwarded your comments to Dave and DCA. As you noticed, the item is on the consent agenda which means the SWFRPC comments were forwarded to DCA. You can do two things: 1) notify the Collier County Commissioner (Commissioner Coletta or Commissioner Halas) to pull the Item and provide subsequent clarification and notice to DCA or 2) let it go through. Be apprised, by way of this email, the SWFRPC has notified DCA that CP- 2008 -1 was not approved for transmittal. Thank you for the notification. Ken From: weeks —d [ mailto :DavidWeeks @colliergov.net] Sent: Thursday, March 11, 2010 12:46 PM To: David Hutchinson Cc: Ken Heatherington Subject: RPC Staff Report on Collier County GMP Amendments - March 18, 2010 RPC Meeting David, \ \ rd ± \� \ §/ \} - �\\ �2 \ }\ \\ cn / \ S� \ ; k \ \ \ _ § WIt :i ± \ \ / mk B ■ ,) ( ( \ G \ .\ ,( ri }/ » - � \\ \ \\\ ro t CD \{ �® \ \{ \\ \\ i } \ - % / In 5 5 tJ \2 J` j mk B ■ ,) ( ( \ G \ .\ ,( ri �O T d W m 7 �oo i. 0 q h M v z 0 .q� E� tl, O G K d v t) r :3 z L r :0 b .v r.i w am � v 0 � rp �: q b O a .5 si q G ❑'.� � d .0 v � w •;;� � � � 3 gcg o > y ❑ o •a O h o F v O v O WN G N b ❑ b0 ❑ y d q qi d '❑ NNp •rj V y �'1 y p�q o.8'c 3'o s i C v w w° aui 'o y o o � 'c ❑ b ° � ° a `❑° � ^� b a � ° w � `�' d � 0.0 o y� F v m � ❑ . d v o �Q❑ � A v d � .s a � � � � � 0. o °❑' `may°, a o g; o 5 >> v o. m v Z Q G N v a O q w° 7 0 u aw'O q u is y •`3 vv G 0 b9 tyd ❑ d v J too d o 0 v vWw� 'S o .q o o° o > �� F= y o G O y r 2 0 q ie A O o w .� .i > d q tO d y$ ❑ b ❑ 'O vqi O q O V ❑ u U y 0 WW v O p� � � •❑ Cd U Q u❑ ❑ g v O C q q v q q0.. vvi w C 0. C ri r ri w 0 r� vi c w u 8A = o q r. c .d o ro v ro. v •y� c �" ro ida o E �> �..% -. cy acroi �,+se%•ti o a m v p pp 4t q O « q v p� .� � v ifJ w o� d v ❑v❑ �O G b W ro � '� 7'3 .o G °.� :: av'o :d p�✓ a 'y G ro c��'.a c q s v v •o L � n u c °' o m=O c m q CC o a y 0 ME .� .c O �'� g '3 > U v b ❑ 'C ro c o C � awi aroi u .� O O L M Vj O N m N q' 12 r `� q 43 O .d Qvv Ny� v`dv a'r9rC O'ry`� vv'o�C�a 1J' b o O F .0 Z vv, a m F q o Q. M, ri w 0 r� J c u 8A a r. ri w 0 r� • 1 jmb transportation engineering, inc. traffic /transportation engineering & planning October 19, 2009 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Comprehensive Plan Amendment CP 2008 -1 Estates Shopping Center Located on the NW corner of Golden Gate Boulevard and Wilson Boulevard Dear Board of County Commissioners and Planning Commission: This letter is provided to the record for your consideration regarding the above referenced Comprehensive Plan Amendment. This letter is provided on behalf of the members of the la & 3`d Group, which is comprised of residents that live along 1st Street NW and 3rd Street NW within the Golden Gate Estates Community. Note: the P & 3'd Group does not represent all residents that live or own property along I" and 3'd Street NW. As you are aware, 1st and 3'd Streets are contiguous to the subject property for which the amendment is being requested. The 1" & 3`d Group was organized in opposition to the proposed plan amendment and forthcoming PUD that would permit 225,000 square feet of mixed commercial use. Several months ago, the 1st & 3`d Group retained the services of my firm (JMB Transportation Engineering, Inc.) to represent their interest in establishing numerous development conditions that would minimize or mitigate the commercial center's impact to the residents of 1st & 3`d Group. Numerous meetings and phone conferences have occurred with the Applicant's representative (Mr. Rich Yovanovich), which has resulted in significant changes to the forthcoming PUD. The Group greatly appreciates the Applicant's willingness to address all of their concerns. An example of some development restrictions and impact mitigation provisions are: increased landscape buffering, construction of bus stop shelters, lighting standards, restricted hours of operation, site layout, limitation on land uses, security measures, noise abatement, vehicular access limitations, dumpster locations, sewage treatment design, etc. Because the PUD has not been submitted as of to date, I have attached a more detailed outline of the terms and conditions (refer to 1st & 3`d Group /Applicant's Agreement, dated October 19, 2009) that have been agreed to by the Applicant. These terms and conditions are attached to this letter as "Exhibit A'. 76121" street nw, naples, florida 34120 phone: 239 -919 -2767 jmb In response to the Applicant's acceptance of these terms and conditions, the 1st & 3`d Group acknowledges that the forthcoming PUD will include the necessary elements in order to substantially minimize and mitigate potential impacts to the residents. As a result of the Applicant's commitment to minimize the project's impacts to the adjacent neighborhood, members of the 1't & 3rd Group do not object to the approval of the Comprehensive Plan Amendment CP 2008 -1 Estates Shopping Center. If the Board of County Commissioners and Planning Commission determine that the Comp Plan Amendment is appropriate and the terms and conditions of the forthcoming PUD will minimize the impacts to the residents, then the 1st & 3rd Group will support your decision to approve the plan amendment. We respectfully request that the terms of our agreement with the applicant be made a part of any approval or recommendation for approval that may be issued by the Plan Commission and the Board of County Commissioners. Thank you for your acceptance of this letter into the record, and as always, feel free to call upon me should you wish to discuss this matter in further detail. Engineering, Inc. E. No. 43860 Enclosure: Exhibit A- I" and 3rd Group /Applicant's Agreement, Dated October 19, 2009 WOK C N f0 v � � v V 3 a r x a C o x u n 00 m > vi m 7 `w C E 0 T U L E 0 n rn O m u C N 0 O al 0 0 0 0 0 0 0 n 0%D 0 0 0 O n C y p M 1p M n 00 C T 0 C m > N a n v nLf Z d m K V y o 0 0 r 0 0 0 0 0 °v m o m v zi lf NNi N tV N V T u u i Q O O O O O O O O O LO 0 0 0 (D n n v�l V V V V�T ID V N O C N f0 � � v 3 a r x a C o x u C Q > > 7 7 7 u C 0 T U L n rn O m y C N 0 O al V m O y n ` v cu ) C T d C y > �% n c L Z Z d m K V y L d N 'ro L a R L m c U N R w fl. 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N G U N a R c r.. r F N u�u U O qN Nt O m O N a '= �5 m O L U�NQ � V N N N L � r a �a � o o n o` m coo � v U� N o U$ v '^ m L y v v `v y v v t S 3 ag o a` 0 U `v 4 o U d e 0 0 OO IT a. a 0 U y L1. t a m 5 c r.. � pN� U m N m O A N B. n o ' o H c � m m W � o o n a`v cZo � m U� o U gi v $u L y� 3� d� m 0 �o a o y U � N 01 v 0 0 N .►8 A u C C C .i z• DISCUSSION OF FINAL REPORT June 11, 2003 Bach round: As part of the process of closing out the Golden Gate area Master flan Restudy process, staff is required to submit a "Final Report" on the Restudy Committee's activities to the Board of County Commissioners. The presentation of this report will include a PowerPoint slide presentation, as well as the preparation of a written document. In order to allow the members of the Restudy Committee to have a voice in this process, Comprehensive Planning staff is requesting that the Committee review this discussion paper and make recommendations as to the format and content of the Final Report. Staff is hoping to present the Final Report at the BCC's July 29, 2003 Regular Meeting. Staff's Suggested Format For The Final Report:_ Title Page: This page will feature the text box that Comprehensive Planning Staff has used for Restudy Committee Agenda Items (see above). After the words, "FINAL REPORT," the title page will list the active Committee members and current staff that have participated in the Restudy process. it could also be an opportunity for the Committee to acknowledge anyone else who they feel has contributed to the Restudy. Committee History: This section of the Final Report will attempt to provide, in capsule form, information on the number of meetings and variety of topics that the Restudy Committee has considered. The section will refer the Board to the Public Participation Schedule, which will then be attached. The text of this section will read as follows: "The Golden Gate Area Master Plan Restudy Committee met on 31 occasions, between June 2001 and June 2003. During its tenure, the Committee considered a wide range of topics related to the Golden Gate Area, including commercial uses in the Estates and Golden Gate City, the proposed North Golden Gate Estates ROMA, other environmental matters, changes to conditional use criteria within the Estates, Ave Maria University, the County's Rural Fringe and Rural Lands Amendments, various matters related to County Codes and permitting processes, transportation issues, emergency management, the Community Character Plan and issues related to Rural Character and Design. The Restudy process resulted in two sets of amendments to the Golden Gate Area Master Plan, constituting a virtual rewriting of that Element of the Collier County Growth Management Plan." 1 • Restudy Conunittee Tasks /Chareges: The Final Report should reflect the fact that the Restudy Committee's responsibilities changed over time. Therefore, staff proposes the following wording for this section of the report: "The tasks and responsibilities of the Restudy Committee evolved during the Committee's two years of activity. Initially, in March of 2001, Collier County Comprehensive Planning staff, in recommending formation of an advisory committee, stated the following: "To assist in this restudy, staff requests that an advisory committee be formed to enable community input and provide recommendations. The committee will be responsible for addressing issues related to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses/assessment of Conditional Use needs and the Golden Gate Parkway 1 -75 Interchange. The committee will also assist staff with the review and development of policy recommendations related to the Rural Fringe Committee and Community Character Plan findings, assist in the development of any necessary Requests for Proposals (RFP) for consulting services, and assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions." However, the actual wording of the Board of County Commissioners' Resolution creating the Committee vested the Restudy Committee with a slightly different set of responsibilities: "The functions, powers and duties of the Committee shall be to: a. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; c. Identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses /assessment of Conditional Use needs and the Golden Gate Parkway 1 -75 Interchange /adjacent land use plans; and d. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Golden Gate Area Master Plan." During March of 2002, the Committee and staff began the development of possible treatment options for various topic areas within the Golden Gate Area Master Plan. This exercise resulted in the Committee assuming the responsibility to review the following broad general topics and management options: PJ "Maintain Rural and Natural Landscapes: • 1 • • Cooperation with other (non- County) agencies. • Identify connected natural areas (corridors). • Identify habitats that are less developed (regulated /unregulated). • Identify alternatives for land conservation. • Increase lot setback requirements to maintain greenways. Provision of Commercial Services • Establish locational and spacing criteria for low intensity commercial uses within Golden Gate Estates and redefine "convenience uses," especially for Golden Gate Estates. • Support higher intensity commercial uses on the outskirts of Golden Gate Estates. Develop design criteria for commercial buildings. Encourage the transition of commercially designated properties in Golden Gate City, along Golden Gate Parkway. Provide a Sunset Provision for multifamily residential to convert to commercial along corridors in Golden Gate City. • Support allowing no additional commercial or conditional uses near the Golden Gate Parkway/I -75 Interchange. E 0 @ a m E j 2 m ic § \ 0 k 0 § § a ƒ m ƒ § 0 \ 0 A M,o >z =CE 2 & y§% � / {\ z c�� a k\o m / > �t\ /G& § \ -0 9 )Cl > U) _. co X z M ° cn 10 Jy« a 00 § \\§ § > 2\) \E> DO % ±9 0 <6m \)} \co ,. \%5 \ m --I /3G /m >0 \{\ ffin M> /\ \ § 2 / d k � ( § q� / § 1010 a \ k ; � F / $ \ ; F § m O a m m r N 3 m m v O -i 2 x m m w W 3 N z C m m O X 0 c ncnn 3D0 3Fl-� �, m Wp 0-"O 0 Mmz vm:� z0 A DM H z �C) z �zm D z {O = CO mco W n u+ M n D T D U-) o -1z x o O ` 0 50 z -< OPO mpz 03 00 m >—IN O 0 Q � 3�0 z�:;Ln c3z (nM0 o N z 00 0 O V Mo- n 0 M p M ��. 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H rot M P... March 21s`, 2011 Attention: Collier County Sheriffs Department RE: Illegal wire tapping TIu wed, UA �O 4,,� $9C This is in regards to an audible conversation that was made in a private surroundings at my school in Bonita Springs, Florida among my class of 15 students and I back on October 27`h, 2010. All 15 students along with me never gave consent for such recording. The recording was made by a former student who is no longer enrolled in my school. The audible recording was first brought to the interest of EMS Chief Jeff Page of Collier County EMS while interrogating the student who made the recording. Chief Page took it upon himself to transcribe the private recording of such event into writing and divulge them to the Collier County Board of County Commissioners on the Commission Board meeting November 9`h, 2010 live and send a copy to the Florida Department of Health, Bureau of Emergency Medical Services which according to Florida Statute 934.03 & US Code Title 18 Part I Chapter 119 2511 which is detailed below is illegal and violates my part of my fourth amendment. 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited. -- (e)() Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b),paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct impede or interfere with a duly authorized criminal investigation US Code Title 18 Part I Chapter 119 2511(1) (c) (i) (1) Except as otherwise specifically provided in this chapter any person who (c) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire oral or electronic communication in violation of this subsection; (i) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, intercepted by means 109C authorized by sections 2511 (2)(a)(ii), 2511 (2)(b) —(c), 2511(2)(e), 2516, and 2518 of this chapter, Shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (4) (a ) Except as provided in paragraph (b) of this subsection or in subsection (5) whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both. US Code Title 18 Part I Chapter 119 2511 (1) (d) (i). (d) intentionally uses or endeavors to use the contents of any wire, oral, or electronic communication knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (i) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, intercepted by means authorized by sections 2511 (2)(a)(ii), 2511 (2)(b) —(c), 2511(2)(e), 2516, and 2518 of this chapter, Shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (4) (a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years or both. Subsection four of the Florida statute governing telephone recordings notes that those who record conversations without consent have committed a third degree felony offense. Such an offense could result in fines or jail time or both. Chief Page in turn brought such transcription to the Collier County Board of County Commissioner meeting on November 9th, 2010. In his appearance he stated on the record that he personally transcribed the recordings of my conversation onto paper. He explained to the board that the contents of such recordings where foul and that he rather not disclose them verbally, but instead turn them in to the board and State of Florida without my consent in pursue of charges against Florida Statue 401 against my place of 69C business. He in turn asked Commissioner Fred Coyle if he would like the transcribed recordings turned in. Commissioner Coyle stated yes he would. Commissioner Coyle asked me on the record at the board meeting if I allowed such recording to take place and I replied that I did not give oral or written consent to make such recording which is a violation of Florida Statute 934. I told him that in Florida ALL parties of the recording must give consent. Commissioner Coyle disregarded my remarks and was obstinate that such recordings be turned in and sent to the Florida Department of Health, Bureau of EMS Services for a formal complaint. Commissioner Fred Coyle and Collier County EMS Chief Jeff Page violated Florida Statute 934. 03 section (d), as well as US Code Title 18 Part I Chapter 119 2511 (1) (c) (i), US Code Title 18 Part I Chapter 119 2511 (1) (d) (i). Federal law and most state laws also make it illegal to disclose the contents of an illegally intercepted call or communication which is clearly what Chief Page and Commissioner Coyle have just done which is punishable by law. They have clearly violated my rights by disclosing to the state, board members and the press the contents of the intercepted recordings. These gentlemen have violated my reasonable expectation of privacy which is covered under the Fourth Amendment. I should be protected by privacy when I "believe that the conversation is private and can not be heard by others who are acting in an lawful manner." Am.Jur.2d Telecommunications § 209 (1974). I am asking that the State of Florida to immediately take legal action against Commissioner Fred Coyle of Collier County Board of Commissioners and Collier County EMS Chief Jeff Page for violating state and federal law as outlined on pages 1 -2. Copied from law; Some Privacy Law definitions; n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. However, public personages are not protected in most situations, since they have placed themselves already within the public eye, and their activities (even personal and sometimes intimate) are considered newsworthy, i.e. of legitimate public interest. However, an otherwise non - public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage. b 9 Privacy is the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities. Information is interpreted broadly to include facts, images (e.g., photographs, videotapes, recordings), and disparaging opinions. Respectfully, Richard Gonzalez President/CEO Medical Career Institute J�: 9 C Medical Career Institute. Training Th..,. ' P.,f..!ond March 21 ", 2011 RE: Public Records Request of Collier County Employee's emails To Whom It May Concern; Please find this letter as my formal request for access and viewing of ALL county emails housed on the county server, all personal emails housed on personal computers or servers or any other medium used for purposes of communications for the following individuals; • EMS Chief Jeff Page of Collier County EMS • Commissioner Fred Coyle • John Torre Communication and Customer Relations Director • Dan Summers of Collier County EMS • Leo Ochs County Manager • County Attorney Jeffrey A. Klatzkow • Deputy County Attorney Scott R. Teach • Chief Alan McLaughlin of Ochopee Fire District from October 16`h.2010 - November 30'h. 2010 only • Commissioner Georgia Hiller The request for all individuals with the exception of Chief McLaughlin will be for all emails transmitted (sent) or received from October 14", 2010 — March 21 ", 2011 which pertain to all or any the allegations made in regards to the October complaint. This information will be for viewing purposes and all needed copies will be printed. These emails are all electronically so a jump drive may be used for such services. All correspondence related to this request will be emailed back to me. Your assiduous response to this request is greatly esteemed. If you are in need of further information in regards to this request please do not hesitate to contact Bob Harris or myself. Respectfully, Richard Gonzalez President /CEO Medical Career Institute ' 9C FLpRIDA DEPARTMENT -0F HEALT Received Rick seer[ Governor MAR042011 EMS ` OPtr March 1, 2011 Certified #7004 2510 0004 9660 7395 Return Receipt Requested Jeff Page, Chief 8075 Lely Cultural Parkway Naples, Florida 34173 RE: Case No. 2010 -24168 Dear Chief Page: This is to inform you of the outcome of the complaint against Medical Career Institute Based upon the information provided, we initiated an inquiry of the matter. After an extensive investigation, it has been determined that no violation of Chapter 401, Florida Statutes or Chapter 64J -1, Florida Administrative Code occurred. You are reminded that the allegations and the complaint remain confidential as required by Section 401.414(3), Florida Statutes. This letter serves as the department's final action in this investigation. If you have any questions, please contact me at (850) 245 -4440 extension 2759, or write to the address below. Sincerely, ivestigation anager Bureau of Emergency Medical Services 4052 Bald Cypress Way, Bin C18 • Tallahassee, Florida 32399 -1701 - Phone: (850) 245 -4440 • Fax: (850) 92 1 -0377 • http://e,ww.floridaslicalth.corn 9L November 9, 2010 personal gain in such a way that when the time does come and we need this expertise to be used, it won't be there. When they investigate this, can they also find that these facts are frivolous and they may come back with admonishing us for even moving it on? How does this work? Or do they just have a finding that's very simply worded with two or three words, no finding of any guilt or probable cause? How does this work? What comes out of all this? CHIEF PAGE: Well, by st tutes -a- licensed provider such as myself, Chief McLaughlin, ief Rodriguez;, once they're made aware of a potential violation, we shave to report it to the state. COMMISSIONER CO ;ETTA: -Okay. So you even agree that you can't be absolutely sure that there is a violation? There's a possibility that there's a violation? CHIEF PAGE: Are you asking my opiftian? COMMISSIONERF COLETTA: Yes, sir. CHIEF PAG : There definitely is a violation here of some-soft. COMMISSION COLETTA: Okay. I appreciate that. And the investigation would take place within the home territory of Collier County so that the citizens will not be unduly inconvenienced by having to travel great distances or -- to offer testimony? CHIEF PAGE: Right. And in fact, in the tape that Richard's referring to, he actually has a quotation where he says, an investigator from the state will come to the school and pull everybody single file, one by one, so -- and 1 didn't know if you wanted this entered into evidence, too, or -- this transcript of the actual tape. CHAIRMAN COYLE: Well, I would assume that you'd enter everything into evidence that's available and let them sort it out. CHIEF PAGE: Okay. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: And the bottom line is this, the reason we established this procedure was to stop things that we thought were ..=. :, November 23, 20J 0 Via Hand Delivery j9 0111 17 E Collier County Commissioners sJ U Board of County Commissioners 3299 Tamiami Trail East, Suite 303 % •. •.. Naples, FL 3411-5746 2 H Re: North Naples Fire Control and Rescue District Dear Commissioners: This firm represents the North Naples Fire Control and Rescue District (the "District "). We write to request that the Collier County Board of County Commissioners (the "Commission "), Collier County Emergency Medical Services, Collier County Medical Director Robert Tober ( "Dr. Tober") and Collier County Chief of Emergency Medical Services Jeffrey Page ( "Chief Page ") (collectively, "County EMS ") cease and desist from making any further misrepresentations or false allegations pertaining to the District. As you know, the Commission recently authorized Chief Page to file a frivolous complaint ( "Complaint ") with the Florida Department of Health Bureau of Emergency Medical Services (the "State Department of Health, Bureau of EMS ") alleging that District employees violated Section 401.411, Florida Statutes. As grounds for the Complaint, among other things, Chief Page asserts wholly unfounded claims of misconduct and cheating by District firefighters who had taken a paramedic course at a privately -owned and funded educational facility, the Medical Career Institute ( "MCI "). 9C WEISS SEBOTA HELFMAN PASTOEIZA COLE & BONISKE, P L. MITCHELL P.A. ATTORNEYS AT LAW NINA L. SKE, MERE, P. LORI ADELSON' MITCHELL J. BURN STET N, P.A. L J. STE A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M. ARANGO JAMIE ALAN COLE, P.A. INCLUDING PROFESSIONAL ASSOCIATIONS BROOKE P. OOLARA STEPHEN J. HELFMAN, RAQUEL ELEJABARRIETA GILB ERTO PgSTORIZq, .A. P.A. BROWq RO OFFICE CHAD S. CHAD S. FRIEDMgN MICHAEL $. POPOK, P.A. 200 EAST BROWARD BOULEVARD OLIVER GILBERT' JOSEPH H. SEROTA, P.A. R. BRIAN JOHNSON SUSAN L. TREVARTHEN, P.A. sUITE 1900 JOHN J. KENDRICK III RICHARD JAY WEIGG, P.A. FORT LAUDERDALE, FLORIDA 33301 HARLENE SILVERN KENNEDY' DAVID N. WOLPIN, P.A. KAREN LIEBERMAN' - -- JOHANNA M. LUNDGREN DANIEL L. ABBOTT TELEPHONE 954 -763 -4242 KATHRYN M. MEHAFFEY MATTHEW PEARL AARON BEHAR FACSIMILE 954-7647770 JOHN J. QUICK GARY L. BROWN W W W. WSH -LAW. COM AMT J. SANTIAGO IGNACIO G. DEL VALLE DANIEL A. SEIGEL ALAN L. GABRIEL MIAMI -DADE OFFICE GAIL D. SEROTA' DOUGLAS R. GONIALES 2525 PONCE DE LEON BOULEVARD • SUITE 700 JONATHAN C. SHAMRES EDWARD G. GUEDES JONATHAN Z. KURRY CORAL GABLES FLORIDA 33134 , ESTRELLITA S. SIBILA MATTHEW H. MANDEL TELEPHONE 305 -854 -0800 • FACSIMILE 305 -1554 -2323 ALISON F. SMITH ALE%ANDER L. PALE NZUELA -MAORI ANTHONY C. SOROKA ANTHONY I. RECTO ED UAROO M. GOTO JOANNA G. THOMSON BRETT J. SCHNEIDER 'OF COUNSEL MICHELLE D. VOS CLIFFORD A. SCHULMAN PETER D. WALDMAN' LAURA K. WENDELL JAMES E. WHITE DEREK R. YOUNG November 23, 20J 0 Via Hand Delivery j9 0111 17 E Collier County Commissioners sJ U Board of County Commissioners 3299 Tamiami Trail East, Suite 303 % •. •.. Naples, FL 3411-5746 2 H Re: North Naples Fire Control and Rescue District Dear Commissioners: This firm represents the North Naples Fire Control and Rescue District (the "District "). We write to request that the Collier County Board of County Commissioners (the "Commission "), Collier County Emergency Medical Services, Collier County Medical Director Robert Tober ( "Dr. Tober") and Collier County Chief of Emergency Medical Services Jeffrey Page ( "Chief Page ") (collectively, "County EMS ") cease and desist from making any further misrepresentations or false allegations pertaining to the District. As you know, the Commission recently authorized Chief Page to file a frivolous complaint ( "Complaint ") with the Florida Department of Health Bureau of Emergency Medical Services (the "State Department of Health, Bureau of EMS ") alleging that District employees violated Section 401.411, Florida Statutes. As grounds for the Complaint, among other things, Chief Page asserts wholly unfounded claims of misconduct and cheating by District firefighters who had taken a paramedic course at a privately -owned and funded educational facility, the Medical Career Institute ( "MCI "). Collier County Commissioners • November 23, 2010 Page 2 of 3 The Complaint is just the latest in an ongoing effort by County EMS to undermine or interfere with the District's ability to provide advanced life support ( "ALS ") services under its own medical director. As you know, on October 26, 2010, the Commission accepted the recommendation of Dr. Tober and Dan Sommers and denied the District's request to provide ALS services under its own medical director. Thereafter, on November 9, 2010, the Commission authorized the filing of the Complaint. (Agenda Item 9A)_ Notably, this is the second time in just over a year that County EMS accused District firefighters of cheating. Notwithstanding County EMS' outrageous allegations, the District engaged an independent third party investigator to investigate alleged cheating by the District's firefighters and, as you are aware, that investigator cleared the District's firefighters of any wrongdoing. Moreover, the State Department of Health, Bureau of EMS investigated the claim and closed the matter as legally insufficient. It is clear from the testimony and documents submitted at the November 9, 2010 Commission meeting that County EMS intentionally misrepresented the facts as well as the requirements of State law to the Commission in order to obtain authority to file an unsupported claim with the State Department of Health, Bureau of EMS. In doing so, County EMS has slandered the District. This concerted effort by County EMS and its pattern of unethical and inappropriate behavior against the District are in direct violation of Sections 401.265 and 401.411, Florida Statutes. Significantly, the record testimony at the November 9, 2010 Commission meeting clearly established that the District's firefighters did not violate Section 401.411, Florida Statutes. In fact, the issue, as framed by Commissioner Coyle during the November 9, 2010 Commission meeting, was the "possible inappropriate distribution of the actual test." As Commissioner Coyle correctly noted, the owner of MCI, Richard Gonzalez, stated that he requested that the students in the class distribute the study guide to each other, and he simply made a mistake and administered the study guide as the actual test. Indeed, the mistake was self - reported by Mr. Gonzalez to the State Department of Health, Bureau of EMS and remediated through the administration of a new test. Moreover, the County EMS' own witnesses (Austin Peluchette, a volunteer firefighter with Isles of Capri Fire Control and Rescue District, and Justin Raymond, ajob bank firefighter with Ochopee Fire Control and Rescue District, who were also enrolled in the MCI class) contradicted any allegations of cheating or impropriety by the District's firefighters. Notwithstanding the foregoing, the Commission approved the filing of the Complaint. The testimony also revealed that Chief Page threatened Mr. Peluchette with termination in an effort to coerce false statements from him. In fact, Chief Page followed through with the threat and fired Mr. Peluchette when he would not provide false information. In addition, the testimony revealed that Chief Page's interrogations of Mr. Peluchette and Mr. Raymond concerning the allegations of cheating were in direct violation of the Firefighters' Bill of Rights, specifically Sections 112.82 (1) -(2) and (6), Florida Statutes. While Sections 112.82 (1) -(2) and (6) of the Firefighters' Bill of Rights require that interrogations are to take place at the facility where the investigating officer is assigned, that a firefighter shall receive written notice of WEISS SEBOTA HELFMAN PASTOAIZA COLE & BONISKF, P.L. Collier County Commissioners 9 C November 23, 2010 V Page 3 of 3 sufficient detail to reasonably apprise the firefighter of the nature of the investigation and that a firefighter shall not be offered any incentive as an inducement to answer any questions; here, written notice concerning the nature of the investigation was never provided to Mr. Peluchette or Mr. Raymond prior to their respective interrogations; Mr. Raymond was interrogated at a restaurant; and Mr. Peluchette was offered an inducement to answer questions (i.e., the opportunity to keep his position if he provided information), all of which clearly evidence violations of the Firefighters' Bill of Rights. Finally, in an effort to induce the Commission to authorize the filing of the Complaint, Chief Page intentionally disclosed and used an illegally intercepted oral communication (i.e., the cell phone recording of statements made by Mr. Gonzalez allegedly regarding the matter at issue that was acquired by Mr. Peluchette without Mr. Gonzalez's permission as required under State law), which constitutes a third degree felony under 934.03(1)(a) -(d), Florida Statutes. At the hearing Mr. Gonzalez also informed the Commission that the recording was obtained without Mr. Gonzalez's permission, yet the Commission accepted and relied upon the illegally intercepted oral communication in approving the filing of the Complaint by County EMS. Thus, by entering the transcript of the cell phone recording into evidence, which Chief Page and the Commission knew was illegally intercepted, both Chief Page and the Commission(ers) may be subject to felony charges for the intentional disclosure and use of the intercepted oral communication, under Sections 934.03(1)(c) -(d), Florida Statutes. Based upon the foregoing, the District hereby demands that the Commission, County EMS, Dr. Tober and Chief Page immediately CEASE AND DESIST from any further misrepresentations or false allegations pertaining to the District and its efforts to prevent the District from providing ALS services. The District further requests that County EMS immediately withdraw the Complaint. Please be advised that, should the Commission and /or County EMS continue to make false and misleading statements about the District and its employees, the District will have no alternative but to proceed with taking any and all appropriate legal action against County EMS, and will seek the full amount of its damages, interest, attorney's fees and costs as allowed by law. PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yours, 1 L Lori Adelson cc: The Board of Fire Commissioners North Naples Fire District (via regular mail) Fire Chief Orly Stolts (via regular mail) Collier County Attorney (via regular mail) Collier County Manager (via regular mail) John Bixler, Chief, Bureau of EMS (via e -mail) Michelle Vos, Esquire (via e -mail) WEISS SEROTA HELFMAN PASTORIZA COLE & BoNISBE, P.L. A.9C Coftr County Office of the County Manager MEMO Date: January 10, 2011 To: Commissioner Georgia Hiller District 2 From: Leo E. Ochs, Jr., County Manager Subject: Response to Information Request Enclosed please find information that addresses your December 29, 2010 e-mail request for information regarding staff actions relative to the preparation of the agenda item concerning potential irregularities with test administration by a private EMS Testing Company. This information is supplemental to the information originally sent to you on December 10, 2010 regarding this subject. Based on my discussions with the County Attorney's Office and my personal review, I find no reason to conclude that staff acted either illegally or inappropriately in conducting its review of this matter. I am available at your convenience to further discuss this matter. Thank you. OchsLeo From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: FW: Fire Control Communications Attachments: 258475. PDF Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Co per County 9C Bureau of Emergency Services Mr. Leo Ochs County Manger, Collier County, FI Ref: BCC meeting 11/9/2010 11/10/2010 After listening to Mr. Pellechtti's testimony several glaring contradictions to his sworn statement were apparent. First Mr. Pellechtti is not afforded any "Bill of Rights" as they apply to employees only, per the State Statue. He stated several times that his "Bill of rights" were violated which is an inaccurate statement. Secondly Chief Rodriguez was conducting an "Informal Inquiry" which does not fall under the Bill of Rights for Firefighters. Mr. Pellechtti said he never gave a sworn statement. He Lied. He freely gave one after Chief Rodriguez asked him if he would. Mr. Pellechtti was never "interrogated" as he claimed under the Bill of rights. Mr. Pellechtti was at no time cohearsed by Chief Rodriguez and freely offered information and the audio recording of Mr. Gonzalez addressing the class. Mr. Pellechtti did not accurately reflect the comments he made in his sworn statement to Chief Rodriguez to the BCC. Mr. Pellechtti stated that Jeff Page told him if he did not turn in information that he would be terminated as a volunteer. Jeff page has no authority orjurisdiction over the Isles of Capri volunteers and that statement is incorrect. Alan Mclaughlin Fire Chief, Ochopee Fire Control District ep NE Ochopee Fire Control District • P.O. Box 70 • Everglades City, Florida 34139.239- 695 -4114 • FAX 239 - 695 -3473 • www.colliergov.net COT per County " 9C Bureau of Emergency Services Memorandum To: Jeff Page, EMS Chief From: Emilio Rodriguez, Fire Chief Date: 11/10/10 Ref: Austin Peluchette's BCC Statement Mr. Peluchette lied to the BCC on Nov. 9, 2010 when he advised the Board that he never gave a sworn statement and that he was interrogated and his firefighter's Bill of Rights were violated. Please be advised that Mr. Peluchette's firefighter's Bill of Rights were not violated because of the following reasons: (1) It is my understanding that the firefighter's Bill of Rights applies only to paid employees and not volunteer firefighters, and (2) Mr. Peluchette was never informed at any time by myself or Chief McLaughlin that we were conducting any type of investigation. Chief McLaughlin and I handed Mr. Peluchette a copy of the emailed test that was sent out to students and asked if he had ever seen this document before. Mr. Peluchette acknowledged that he had seen it and did receive it from another student via email. Mr. Peluchette also informed Chief McLaughlin and I that he had a tape recording of the instructor threatening the students in class. I asked him for the recording which he produced on his cell phone. Please be advised that at no time was Mr. Peluchette interrogated or forced to give a sworn statement or the recording that he had obtained. All that was voluntarily done by Mr. Peluchette. 175 Capri Blvd, • Naples, FlIs W�u 01 239 - 394 -8770 • FAX 239 - 394 -5862 - www.colliergov.net 9G CoMer County Bureau of Emergency Services MEMORANDUM To: Leo Ochs, County Manager From: Justin Raymond, Firefighter/EMT Collier County BES Date: November 10, 2010 Re: Recall of inconsistencies at the Commissioner Meeting 11/9/2010 2:01:50— "Gonzalez" says he was admitting about it being a study guide and points the finger at Chief Page saying "it was an exam." 1. Oct. 26th Gonzalez told Chief Page, "someone broke into my office." Chief Page recalls this at 1:54:28 in his summary 2. Nov 9t1' Gonzalez "my copier was broken and I gave it to Eloy Ricardo to make copies." 1:56:10 — Chief Page points out there are some holes in Gonzalez's story. Gonzalez says he had given out the study guide as a mistake and reported to the State Board of EMS, and "they" were going to give him another test. Page: "the state doesn't provide the test; it's actually the institute that makes them." 2:04:07 Gonzalez denies that he said this to Page. 2:01:50 Gonzalez says initially it was a study guide in his statement, but Chief Page said on Oct 26th Gonzalez said "someone must have broken into my office ", he seemed shocked and said that was the test and he didn't know how it got out. 2:02:20 Gonzalez says what does "Tober and EMS" have to do with a private business. 2:00:20 Chief Page states the state requires any health provider (EMT, Paramedic, etc.) if they are aware of violations of 401, "they have a duty to report." 2:03:10 Gonzalez: The reason the two people didn't get the "study guide" was because they left early. He never specified which day he was referring to. I know that math is a weakness for me and I would not have left early on a day we were reviewing math. 1 did leave early on some days; after clearing it first with the instructor; to drive to the Ochopee fire station which is an hour away. On those days I usually left at 4pm to be able to be at the station by 5pm. Additionally he stated that class ran until 6pm, and I cannot remember a time when class went that late. We were always done around 5pm. Also, the study guide was sent out at l 1pm at night. More than one person in class had both Pelutchette's phone number and my phone number to get our email addresses, IF that were true at all. If this was a legitimate ME VS 8075 Lely Cultural Parkway, Suite 267 • Naples, Florida 34113.239- 252 -3740 • Fax 239 - 252 -3298 • www.colliergov.neVems 9C "study guide" they should have included a statement in the email to pass it along to other classmates that were not included in the original email; including myself and Austin Pelutchette. 2:06:04 Gonzalez talks about defamation of character and slander. 2:07:16 Gonzalez states "Mr. Raymond 60." Are my grades not confidential? He points me out on T.V., is that defamation? Do I not have privacy or is it ok for an instructor to do this without my permission? 2:12:10 Gonzalez says he told Ricardo to email the "study guide" to everyone. Question: what happened to "someone broke into my office ?" 2:16:01 Why is Gonzalez not wanting the audio recording out? Simple: he is accusing everyone in the class of cheating and is really angry. Why would you be angry to this extent if you gave out the "study guide" and it was a mistake? Why would you yell and threaten your class? 2:31:00 Pelutchette says he had a 40 min phone conversation with me. He called me several times and when I called him back he was accusing me of "talking about an audio recording" and threatened to make up stories and tell everyone in class that I was a "narc" and a "rat ". I got tired of his half truths and told him that I was out of the class and my only concern was the safety of my kids. 2:31:00 Pelutchette goes in front of the commissioners and attacks my character, and slanders my name by blatantly lying. He states that I want to or am going to shoot everyone in class. Why would I go to the Sheriffs Office substation if this were true? The lies continued when he stated that I left a voicemail with students in the class stating I want to "shoot the class"... who did I do this to, and why haven't they gone to the Sheriffs Office? 2:31:26 Pelutchette states that his girlfriend thinks I'm going to shoot her too. He states "to be honest with you, I never made any sworn affidavit ". In reality he did make a sworn affidavit as well as the audio recording. 2:31:53 Pelutchette mentioned the "Bill of Rights ", as far as 1 know, the firefighter bill of rights he references can only be invoked by a union, Peluchetti is a volunteer and therefore not part of any union. Everything he says is either a full blown lie or he doesn't have a clue about what he's talking about. Bottom line is his entire reason for getting up there and blasting slanders at me is because he is mad that he lost his volunteer job with Isles of Capri. 2:32:26 Pelutchette now directs his comment of "these guys" are coming at and destroying his livelihood and taking the school down. "These guys" meaning Jeff Page. He was fired for not turning over information. His "audio recording is what nailed him to his own cross. He had it and didn't come forward with it, he was going to let me take the fall. He continued to say Jeff Page made him turn in information and violated his rights. b9c 2:33:57 Austin Pelutchette's father makes accusations that Austin has been threatened by Isles of Capri. Austin and his father made no point regarding the cheating accusations. They were there to slander and defame my creditability. 2:35:37 Gonzalez called the State Bureau of EMS to cover himself because according to Chief Page, he initially said "someone must have broken into my office." To the best of my knowledge, these are the inconsistencies mentioned at the BCC meeting on November 9, 2010 by Richard Gonzalez and Austin Pelutchette. Justin Raymond State of Florida County of Collier Sworn to (or affirmed) and subscribed before me this r r day of 2010 by Justin Raymond who has produced a Florida Driver's License as identification. M ` 'Or I,,, JENNIFER FLORIN Notary Public - State of Florida _ My Commission Expires May 14, 2011 Commission N DD 674276 nh. ' Baked7brouilli NalionalNotaryAssn. OchsLeo From: OchsLeo Sent: Friday, December 10, 2010 8:43 AM To: HillerGeorgia Cc: Klatzkoi Subject: Commissioner Hiller Inquiry Paramedic Training Commissioner, Requested information relative to this inquiry. V R, Leo From: SummersDan Sent: Tuesday, December 07, 2010 8:59 AM To: OchsLeo Subject: Commissioner Hiller Inquiry Paramedic Training Mr. Ochs. Attached are the responses for your review and distribution as needed. Thanks Dan Summers Lki Comissioner Hiller Inquiry Par... IJ ::ommissioner Hiller Paramedic ... L_J "ommissioner Hiller Paramedic ... 9C Under Florida Law, e -mail addresses are public records- If you do not want your e -mail address released in response to a public records request.. do not send electronic mail to this entity. Instead contact this office by telephone or in writing COACT Count y 9C Bureau of Emergency Services MEMORANDUM TO: Dan Summers FROM: Chief Jeff Page, Collier County EMS DATE: December 6, 2010 RE: Answers to questions regarding Sworn Affidavits from County personnel How were the County Staff affidavits referencing the testing at a private Paramedic training facility obtained? I believe my sworn statement would answer this. Specifically, under what legal authority were these affidavits obtained, and at whose direction? From: TeachScott Sent: Thursday, October 28, 2010 2:39 PM To: page-j; SummersDan Subject: Affidavit Jeff, Let's first see if the firefighter is willing to provide the affidavit. If he is, I will help prepare one. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252-6300 Scott never provided the affidavit and I used the same one we have used in the past. Who drafted the affidavits, and where were they executed? The Sworn Affidavits that have the signature of Jennifer Florin as the notary were executed in the EATS Offices of the Jim Mudd Emergency Services Center. I believe copies of the Sworn Affidavits drafted by Justin Raymond were also provided by him to the Sheriffs Office. 8075 Lely Cultural Parkway, Suite 267 • Naples, Florida 34113 - 239.252 -3740 • Fax 239 - 252 -3298 • www.colliergov.net/ems 9C Were they provided voluntarily, under no duress? To my knowledge, yes. Is there a County protocol with respect to the execution of affidavits? Not that I am aware of however..... CMA # 5311.1 T. County employees are expected to engage in lawful and proper conduct, both on and off the job, in order to not affect their relationship to County Service, other employees, and the County's reputation in the community. W. An employee who intentionally lies during an internal investigation or otherwise impedes the County's ability to properly conduct an internal investigation may be subject to disciplinary action up to and including discharge. It has long been a departmental policy that when any accusation or formal written statement is made that may lead to discipline andlor legal actions the employee is given the following statement to read before he places anything down in writing: Administering Oaths - An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts. The signer personally appears before the notary public to swear (or affirm) to the notary public, an officer duly appointed to administer oaths, that the information contained in the document is true. A person who makes a false oath or affirmation Is subject to criminal charges for perjury. Sworn statements are commonly used in affidavits, depositions, and applications. A notarization requiring an oath begins with the administration of an oath or affirmation. "Do you swear (or affirm) that the information contained in this document is true?' The notary then takes his statement and providers her seal to the document. I've also included an excerpt from the Florida Statues Chapter 401 Part Three: Medical Transportation Services. If you would like the full statute please let me know. A.: 9C (5) The rules must establish requirements for licensees and cerlificateholders with respect to providing address information to the department; requirements for examinations, grading, and passing scores for certification; and requirements for determining whether a convicted felon whose civil rights have not been restored Is eligible for certification or recertification. History. -s. 15, ch. 73 -126; s. 3, ch. 76 -168; s. 257, ch. 77 -147; s. 5, ch, 77 -347; s. 1, ch. 77 -457; as. 8. 10, ch. 79 -280: s. 259, ch. 81- 259; ss. 2, 3, ch. 81 -318; ss. 16, 24, 25, ch. 82 -402; ss. 9, 12, 13, ch. 83 -196; s. 16, ch. 84 -317; s. 63, ch. 86 -220; ss. 18, 36, ch. 92- 78; s. 34, ch. 99 -397; s. 27, ch. 2000 -242. 401.38 Participation in federal programs.--The department shall develop federal funding proposals and apply for all federal funds available to carry out the purposes of this part. The department is authorized to participate in those federal programs aimed at the development of an Integrated system of emergency medical service delivery to include injury control, rural system development, training, trauma system development, maternal and child health, highway safety, and the delivery of basic life support service and advanced life support service. History. - -s. 19, ch. 73 -126; s. 3, ch. 76 -168; s. I, ch. 77457; ss. 8, 10, ch. 79 -280; ss. 2, 3, ch. 81 -318; ss. 17, 24, 25, ch. 82402; s. 13, ch. 83 -196; s. 64, ch. 86 -220; ss. 19, 36, ch. 92 -78. 401.41 Penalties. -- (1) Any person who: (a) Uses or attempts to use a certificate, license, or permit that has been suspended, revoked, or terminated; (b) Practices or holds himself or herself out as an emergency medical technician, paramedic, or ambulance driver without being so certified; (c) Knowingly conceals Information relating to violations of this part; or (d) Knowingly makes false or fraudulent claims to procure, attempt to procure, or renew a certificate, license, or permit is guilty of a misdemeanor of the first degree, punishable as provided In s. 775.082 or s. 775.083. (2) Whoever willfully and with intent to defraud obtains or attempts to obtain services from a licensee Is guilty of (a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; for the first offense; and (b) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any subsequent offense. (3) Whoever summons any emergency medical services vehicle pursuant to this part or reports that an emergency medical services vehicle Is needed when he or she knows or has reason to know that the services of the vehicle are not needed Is guilty of (a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for the first offense; and (b) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any subsequent offense. (4) Each day that a violation of this part is committed or permitted to continue constitutes a separate and distinct offense under this section. History.--s. 22, ch. 73 -126; s. 3, ch. 76 -168; s. 1, ch. 77457; ss. 2, 3, ch. 81 -318; ss. 18, 24, 25, ch. 82 -402; as. 12, 13, ch. 83 -196; s. 73, ch. 91 -224; ss. 20, 36, ch. 92 -78; s. 799, ch. 95 -148; s. 7, ch. 96 -293. 401.411 Disciplinary action; penalties. -- (1) The department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificate holder, or other person operating Page 27 of 34 under this part for any of the following grounds: (a) The violation of any rule of the department or any provision of this part. 9c (b) Being found guilty of, or pleading noto contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or to practice in any other occupation, when operating under this part. (c) Addiction to alcohol or any controlled substance. (d) Engaging In or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in chapter 893. (e) The conviction in any court in any state or in any federal court of a felony, unless the person's civil rights have been restored. (f) Knowingly making false or fraudulent claims; procuring, attempting to procure, or renewing a certificate, license, or permit by fakery, fraudulent action, or misrepresentation. (g) Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice as an emergency medical technician or paramedic, including undertaking activities that the emergency medical technician or paramedic Is not qualified by training or experience to perform. (h) Sexual misconduct with a patient, including inducing or attempting to induce the patient to engage, or engaging or attempting to engage the patient, In sexual activity. (i) The failure to give to the department, or its authorized representative, true information upon request regarding an alleged or confirmed violation of this part or Wile of the department. 0) Fraudulent or misleading advertising or advertising in an unauthorized category. (k) Practicing as an emergency medical technician, paramedic, or other health care professional operating under this part without reasonable skill and safety to patients by reason of illness, drunkenness, or the use of drugs, narcotics, or chemicals or any other substance or as a result of any mental or physical condition. (I) The failure to report to the department any person known to be In violation of this part. (2) A suspension or revocation of a license or certificate is for all classifications unless the department, In its sole discretion, suspends or revokes one or more classifications thereof. (3) One year after the revocation of a license or certificate, application maybe made to the department for reinstatement; and the department may authorize reinstatement. (4) Any charge of a violation of this part by a licensee affects only the license of the service location from which the violation Is alleged to have occurred. Another license may not be issued to the same licensee for a now service location in the same county or any other county for a period of 3 years ftom the effective date of revocation. (5) If the department finds that the terms of any such suspension have been violated, It may revoke such suspension immediately. (6) If a person whose license, certificate, or permit has been suspended Is found by the department to have violated any of the other provisions of this part, the department may revoke the license, certificate, or permit. (7) In addition to any other administrative action authorized by law, the department may impose an administrative fine, not to exceed $1,000 per violation of this part or Page 28 of 34 h 9C role of the department. Each day of a violation constitutes a separate violation and is subject to a separate One. In determining the amount of a fine, the department shall consider the following factors: (a) The gravity of the violation, including the probability of death or disability as a result of the violation. (b) Any actions taken to correct the violation. (c) Any previous violations committed by the violator. (8) All amounts collected under this section must be deposited Into the Emergency Medical Services Trust Fund. History: ss. 19, 25, ch. 82 -402; ss.12,13, ch. 83 -196; s. 17, ch. 84 -317; as. 21, 36, ch. 92 -78; s. 2, ch. 98 -87. 401 414 Complaint investigation procedures. -- (1) The department shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient A complaint is legally sufficient if it contains ultimate facts that show that a violation of this part, or of any rule adopted by (he department, has occurred. The department may investigate or continue to investigate, and may take appropriate final action on, a complaint even though the original complainant withdraws his or her complaint or otherwise indicates a desire not to cause it to be investigated to completion. When an investigation of any person Is undertaken, the department shall notify that person of the investigation and Inform him or her of the substance of any complaint filed against him or her. The department may conduct an investigation without notifying any person if the act under investigation is a crime. (2) The department shall expeditiously investigate each complaint. When Its investigation is complete, the department shall prepare an Investigative report. The report must contain the investigative findings and the recommendations of the department concerning the existence of probable cause. (3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency. History.--s. 18, ch. 84 -317; s. 1, ch. 85 -65; s.5, ch. 89 -162; s. 18, ch. 90 -344; ss. 22, 36, ch. 92 -78; s. 800, ch. 95 -148; s. 234, ch. 96 -406. 401.421 Injunctive relief; cease and desist notice; civil penalty; enforcement.- (1) The State Surgeon General may cause to be instituted a civil action In circuit court for preliminary or permanent injunctive relief to remedy or prevent a violation of this part or any rule adopted by the department under this part. (2xa) If the department has probable cause to believe that any person not licensed by (he department has provided prehospital or interfacility advanced life support or basic life support procedures or transportation services in this state not specifically authorized by law, the department may issue and deliver to such person a notice to cease and desist from such services. For the purpose of enforcing a cease and desist order, the department may file a petition, in the name of the state, seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such order. (b) In addition to or in lieu of any remedy provided in paragraph (a), the department may seek the imposition of a civil penalty by the circuit court for any violation for which the department may issue a notice to cease and desist under paragraph (a). The civil penalty must be no less than $500 and no Page 29 of 34 �c � 01 Y �o•r�.nty Bureau of Fmergency Services Dan Summers, Director Bureau of Emergency Management 12/6/2010 Dan, I did not collect or order any any affidavits concerning the private medical instructional institute. I did obtain verbal information and an e-mail form one of my job bank employees. This was done under the "Informal Inquiry' definition provided under the Firefighter Bill of Rights " - History -S.1 Ch 86 -6 short title. As no information was obtained that determined a "formal Investigation" was warranted with any Ochopee Fire personnel there was no further action taken on my part. "Informal inquiry" means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personal, the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. Alan McLaughlin Fire Chief, Ochopee Fire Control District Ochopee Fire Control Oishlcl • P.O. Box 70 Everglades CBy, Florida 34139.239- 6951114 FAX 239Lri95 -3179 • vn•.;v.collicr�ov net Memorandum To: Dan Summers, BES Director From: Chief Rodriguez �h` Date: 12/06/10 Ref: Affidavits 9C I received a copy of the Paramedic Test that was emailed to several students at M.C.I. Academy from Chief Page and asked if I could interview Austin Peluchette. He is a student at that academy and at that time, was a volunteer firefighter for the Isles of Capri Fire Dept. I called Mr. Peluchette to come into the department and Chief McLaughlin and I conducted an informal inquiry and asked Mr. Peluchette if he had seen this test. I handed Mr. Peluchette a copy of the test that was emailed by Eloy Ricardo to several students in the class. Mr. Peluchette acknowledged that he did receive a copy of the test after the test was administered. Mr. Peluchette then voluntarily agreed to provide a sworn affidavit to Chief Mclaughlin and myself under no duress. At that time, Mr. Peluchette informed us that he also had a recording of the instructor threatening the class and that he felt threatened and that was why he recorded the incident. We obtained a copy from Mr. Peluchette. At no time was this considered any form of investigation or any information was obtained under duress. Mr. Peluchette voluntarily provided the recording as well as the sworn affidavit. There was no Firefighter's Bill of Rights violated for the following reasons: (1) Firefighter Peluchette is a volunteer. Firefighter's Bill of Rights do not apply to volunteers. (2) An investigation was not conducted. This was an informal inquiry and all information was provided voluntarily by Mr. Peluchette. Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2010 Go The 2010 Florida Statutes(including Special Session A) 3/22/11 7:00 AM 9C Title XXIX Chapter 401 View Entire Chapter PUBLIC HEALTH MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION 401.2701 Emergency medical services training programs.— (1) Any private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: (a) Submit a completed application on a form provided by the department, which must include: 1. Evidence that the institution is in compliance with all applicable requirements of the Department of Education. 2. Evidence of an affiliation agreement with a hospital that has an emergency department staffed by at least one physician and one registered nurse. 3. Evidence of an affiliation agreement with a current Florida - licensed emergency medical services provider. Such agreement shall include, at a minimum, a commitment by the provider to conduct the field experience portion of the education program. 4. Documentation verifying faculty, including: a. A medical director who is a licensed physician meeting the applicable requirements for emergency medical services medical directors as outlined in this chapter and rules of the department. The medical director shall have the duty and responsibility of certifying that graduates have successfully completed all phases of the education program and are proficient in basic or advanced life support techniques, as applicable. b. A program director responsible for the operation, organization, periodic review, administration, development, and approval of the program. 5. Documentation verifying that the curriculum: a. Meets the course guides and instructor's lesson plans in the most recent Emergency Medical Technician - Basic National Standard Curricula for emergency medical technician programs and Emergency Medical Technician- Paramedic National Standard Curricula for paramedic programs. b. Includes 2 hours of instruction on the trauma scorecard methodologies for assessment of adult trauma patients and pediatric trauma patients as specified by the department by rule. c. Includes 4 hours of instruction on HIV /AIDS training consistent with the requirements of chapter 381. 6. Evidence of sufficient medical and educational equipment to meet emergency medical services training program needs. (b) Receive a scheduled site visit from the department to the applicant's institution. Such site visit shall be conducted within 30 days after notification to the institution that the application was accepted. During the site visit, the department must determine the applicant's compliance with the following criteria: 1. Emergency medical technician programs must be a minimum of 110 hours, with at least 20 hours of http: / /www.leg.state.fl.us /statutes /index.cfm? App_ mode = Display - Statute &Search_ String = &URL= 0400 - 0499 /0401 /Sections /0401.2701.html Page 1 of 2 Statutes & Constitution :View Statutes : Online Sunshine 3/2j,(1 C 1 7:00 AM a (7] supervised clinical supervision, including 10 hours in a hospital emergency department. 2. Paramedic programs must be available only to Florida- certified emergency medical technicians or an emergency medical technician applicant who will obtain Florida certification prior to completion of phase one of the paramedic program. Paramedic programs must be a minimum of 700 hours of didactic and skills practice components, with the skills laboratory student -to- instructor ratio not exceeding six to one. Paramedic programs must provide a field internship experience aboard an advanced life support permitted ambulance. However, a portion of the field internship experience may be satisfied aboard an advanced life support permitted vehicle other than an ambulance as determined by rule of the department. (2) After completion of the site visit, the department shall prepare a report which shall be provided to the institution. Upon completion of the report, the application shall be deemed complete and the provisions of s. 120.60 shall apply. (3) If the program is approved, the department must issue the institution a 2 -year certificate of approval as an emergency medical technician training program or a paramedic training program. If the application is denied, the department must notify the applicant of any areas of strength, areas needing improvement, and any suggested means of improvement of the program. A denial notification shall be provided to the applicant so as to allow the applicant 5 days prior to the expiration of the application processing time in s. 120.60 to advise the department in writing of its intent to submit a plan of correction. Such intent notification shall provide the time for application processing in s. 120.60. The plan of correction must be submitted to the department within 30 days of the notice. The department shall advise the applicant of its approval or denial of the plan of correction within 30 days of receipt. The denial of the plan of correction or denial of the application may be reviewed as provided in chapter 120. (4) Approved emergency medical services training programs must maintain records and reports that must be made available to the department, upon written request. Such records must include student applications, records of attendance, records of participation in hospital clinic and field training, medical records, course objectives and outlines, class schedules, learning objectives, lesson plans, number of applicants, number of students accepted, admission requirements, description of qualifications, duties and responsibilities of faculty, and correspondence. - ----�� (5) Each approved program notify the department within 30 days of a an the professional or employment status of f y. Each approved program must require its students to pa a com hensive final written and practi examination evaluating the skills described in the current United States Depa ment of Transportation EM -Basic or EMT- Paramedic, National Standard Curriculum. Each approved program ust issue a certificate of comp( -on to program graduates within 14 days of completion. History. s. 31, ch. 99 -397; h. 2009 -181. Copyright © 1995 -2011 The Florida Legislature • Privacy Statement • Contact Us http: /Iw .leg.state.n.us /statutes /index.cfm? App_ mode= Display_Statute &Search_ String = &URL= 0400 -0499 /0401 /Sections /0401.2701.html Page 2 of 2 Kequests for Proposals — What '1'hey Are And How "they Work, r'londa Lawyers -by Ma... Page 1 of 1 9C BECKER& -' POLIAKOFF Legal and Business Strategists Requests for Proposals — What They Are and How They Work by Mark J. Stemoler. Esa. and William J. Cea. Esa. January 21, 2011 A Request for Proposals ( "RFP it is usually used when the public agency does not have or cannot come up with a defined scope of work or specifications i for a project. Like an Invitation for Bid, price is still a consideration, but it may not be the only factor. Proposers responding to an RFP may have to demonstrate experience, capability, qualifications, management, and a plan Mark J Stemoler. Esa. that outlines how the proposer intends to perform the project. A proposer can win a contract without being the low bidder because the other factors may be as important as or more important than the price. This gives bidders an opportunity to be creative and entrepreneurial in responding to an RFP. Agencies generally seek to determine which proposer Is the most responsive and responsible. A res onsive roposer is a proposer who submits a proposal that in all materia was to what the RFP reques us contain ail or tne terms, specifications, and evaluation cri err o that all of the proposers know how to adequately respond. The evaluation criteria should be explained, and Is usually expressed in terms of points awarded for each specific criterion, or the percentage of weight given. For instance, an William J Cea Fm.. RFP may say that 30 points will be awarded for experience, 20 points for price, and so on. (LuVtiPt s �1t4 i t c�o,�lnP -t,t N0��b1 http: / /www.beeker- poliakoff.com/ pubs / articles /stempler_m/stempler_rfp_what _ they_are.html 3/3/2011 RFP's for contractual services or commodities under Chapter 287 of the Office Florida Statutes, as well as many state and local procurement guidelines, Bank of America Center allow for proposers to discuss with persons designated in the RFP the RFP 625 N. Flagler Drive requirements during the solicitation process. Under this process, all 7th Floor proposers may be afforded the same opportunity to ask questions of the West Palm Beach, FL advertising agency to better define the scope of the RFP. The responses to 33401 those questions are generally published In writing as addenda to the RFP so Phone: 561.655.5444 that all proposers are treated equally. Fax: 561.832.8987 Usually aselection committee Is established to review the proposals submitted and evaluate them based on the RFP's methodology. The selection committee generally ranks the proposers. The proposer with the best,,.. evaluation score Is usually the top ranked proposerfor the award. A contract is not formed, however, based on the ranking alone. Following the ranking process, the agency must approve the ranking. Once that is done, the agency can start negotiating the terms of the contract with the top ranked proposer, if necessary. The terms of the contract will be consistent with the RFP and the selected vendor s proposa . 1T yfL, k3m (Z L4-1 4--t- I ot.) 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Ek k § >2; cn 7§0 § \ cz 0 c ¥ ®® z 0 0 . \ ( §0 m a ) r /\) Y j f/( \ 0 c o0Z ; 0 3 >0 0 \ \ \j ` } cf) x \ \ § ;Ec 2 - t ` / © \( w m c >> > \ 00 8 0 X \ W o \y§ 2 % =`7 > 0 $j% § \/} k § .a /( m }_ 9 2 $k\ m 3 \�� 0 / 0 f\\ 0 0 ��C) 0 - {2 co z k m -i m 9*\ 2 7 ;o03 } �T \ j /0 @ 0 $ \/z § ® /3( § /\ m § z § k � A. 9c c z ; 3 2 \ } 2 z ¥ 2 F \ |M, * � A E j k m � % \ \ % \ cn q /\� § 3z\ k \\0 � ®@/ § \// ƒ \/\ � }/« ) ooZ 00 } %_ \ \\ 5§% \§\ / %2 �\} =z* \ \\ .c \\ Xz § _}\ a ° j \\ \ \ \/ ( \ \\ 7 ��a) Go= \ \®{ \ L0 \ \, /\ ) � m � � { / 7 } } j m G § f q ) m g \ / 0 M / � § § ¢ j k % { � P 49C \ \ $ § k » / \ \ � k- R C. § § z OD q � � 9C RainevJennifer f From: KlatzkowJeff Sent: Friday, March 18, 2011 3:26 PM To: HillerGeorgia Cc: CchsLeo; TeachScott; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Categories: Red Category Commissioner: �' In answer to your questions: 1. My reading of the s tute is that it applies to everyone judging from the letter we received from the State, t ey are o� the same opinion. 2. If the NON has this info, I have no idea who gave it to them. Just like I have no idea who gave the NON the recent ATV Settlement Offer from the South Florida Water Management District, which they requested be held in confidence. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: KlatzkowJeff Cc: OchsLeo; TeachScott; RaineyJennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NON has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. i > It appears that the item was put on without back -up. My Office was no involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow]eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: 2 t 9C 4I > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory ;gency.� \, WJ(� ? �N ° - /. > ' Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the part who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > > Should the disclosure of the material be in connection with a'Public -- Records request, and you have made such a request, the Public Records law provides as follows: > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records whit --are exem cr onfidential from subsection (1) or s. 24, Art. I of the S e Constitution." c. 119.07(2)(b). > Se . 199.10 provides as foll s: > 119.10 V olation of chapter; pen ties. > (1) Any blic officer who: > (a) Violate on of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. 3 > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > e 9,C > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: KlatzkowJeff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 3:35 PM > To: RaineyJennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer 4 RainevJennifer 9C From: KlatzkowJeff Sent: Friday, March 18, 2011 3:26 PM To: HillerGeorgia Cc: OchsLeo; TeachScott; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Categories: Red Category Commissioner: In answer to your questions: 1. My reading of the statute is that it applies to everyone. Judging from the letter we received from the State, they are of the same opinion. 2. If the NDN has this info, I have no idea who gave it to them. Just like I have no idea who gave the NDN the recent ATV Settlement Offer from the South Florida Water Management District, which they requested be held in confidence. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: Klatzkow3eff Cc: OchsLeo; TeachScott; Rainey3ennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NDN has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. i J�9C > It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow7eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: Klatzkow7eff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: Rainey]ennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: 2 > - 9C > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." > Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). > Sec. 199.10 provides as follows: > 119.10 Violation of chapter; penalties. > (1) Any public officer who: > (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. 3 > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 4 9 n > (r > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: Klatzkow]eff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 3:35 PM > To: RaineyJennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer 4 > Sent: Thursday, March 17, 2011 3:16 PM > To: KlatzkowJeff; HillerGeorgia > Cc: OchsLeo; RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire Scho > Jeff, > Pursuant to Commissioner Hiller's public doc supply the documents from the Investigation th; you will not supply them she is considering fi. > Jennifer Rainey > Executive Aide to Board of County Commission( > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: KlatzkowJeff > Sent: Wednesday; March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire Schoo > Commissioner: I fully appreciate what you ar legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: KlatzkowJeff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire Schoo: > Jeff, > If the county filed the complaint, I, as a con to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <Jef > Please see the attached. > Jeffrey A. Klatzkow 5 419 > Sent: Thursday, March 17, 2011 3:16 PM Q > To: Klatzkow7eff; HillerGeorgia 7 > Cc: OchsLeo; RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: Klatzkow7eff > Sent: Wednesday, March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: Klatzkow7eff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire School > Jeff, > If the county filed the complaint, I, as a commissioner, should have the right to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Please see the attached. > Jeffrey A. Klatzkow 5 WA r r Florida Law, a -maaddresses are public records. If you do not want your il address released in response to a public records request, do not send tronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: KlatzkowJeff Cc: GrimshawHeather; Torrelohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the county can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the 9 intended recipient, you are hereby notified that you have received this 9C transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: Torre7ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto Sent: Tuesday, January 18, To: Pageleff; RodriguezRod; Torre7ohn; OchsLeo :APires @wpl -legal 2011 9:36 AM McLaughlinAlan; Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request foi period beginning October 1, 2010 up emails (including blind copies sent affidavits, recordings, statements, County Commission Agenda Item 9A on This is also a public records referenced or discussed at the 9 2010• com] summersDan; GrimshawHeather; copies of for all public records, for the to today, [including but not limited to all or received)], calendars, memorandum, etc., concerning the matters discussed under November 9, 2010. request for copies of the following public records County Commission under Agenda Item 9A on November 1. the sworn statements referenced at page 55 of 2. the email and attachments from Eloy Rodriguez 56 of the attached. the attached. referenced at pages 55 and 3. Firefighter Raymond's affidavit referenced at page 58 4. Firefighter Peluchette's affidavit referenced at page 5. Chief McLaughlin's affidavit referenced at page 58 of 6. transcript of recording referenced at page 58 of the 7. consent of all participating parties to the recording 58 of the attached. m: of the attached. 58 of the attached. the attached. attached. referenced at page 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Fires, ]r. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com A 9V referenced This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 11 49C RaineyJennifer From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: KlatzkowJeff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy' by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: KlatzkowJeff Sent: Thursday, March 17, 20113:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e -mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 20113:16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, &9C Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tomiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 20113:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 20112:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, 1, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <JeffKlatzkow collier ov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 20112:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS C investigation; however doesn't believe it seals the County records. She wants the V Y documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: I. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance, The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been 9C closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do not want your e -melt address released to response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March 11, 20114:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: t have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 271',a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public: meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff' Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. .Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [ma ilto:APires @wpl-legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: KlatzkowJeff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apiresEwpl- legal.com FIRM WE 3SITE: WWW.WPL -LEGAL COM This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff; 'Batten, Brent'; 'dhustyCo@news -press com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr 7C Heather, I am not asking for a copy of the complaint or the allegations; _just the public records 9C publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Fires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires(r)wpl -legal com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 20119:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Hue ttier cw%vuslnaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High i 9C '*4 This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached a 9C Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires a wpl- legal.com Firm Website: www. LATI - legal.com This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. der Bond! Law, e -mcrl uld! xes arc pubh rea>rdv [Fw) i do not m mt sour -mail !ddrws roleascd In response o puUrc rea» !,r mauarsL do not u r d elect or ie !narl in thin u!nh Ins 1,1d, <ont iU this Owe by Meph, itine. <20110310073545407.pdf> Tony: 9� As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires @wpl- Iegal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkow]eff Cc: GrimshawHeather; TorreJohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpi-legal.com FIRM WEBSITE: WWW.WPL- LEGAL.COM 66,9C This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: TorreJohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Hegtl er c,riwskciw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. 10 This is also a public records request for copies of the following public records referenced or 9C discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apiresgwpl- legal.com Firm Website: www.wpl- legal.com 11 This transmittal and/or attachments may be a confidential attorney- client communication or may &9C otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. t ial�, Flfrridz Law. ni ul a L1 sacs are rubhc ti k It rou do 01 "'wit t mi i v t 1 addh"s i. k r;'J m 1, srl t.c e, s;x;blic rte, "Ids �wuest, Vo nut u.ed OI U umi mall to t t , untftt nstcaii. . 10214rct 0111 oiltcc t +y 1, 'pho:.c er m writ ul+,. 12 0► 9C RaineyJennifer From: RaineyJennifer Sent: Thursday, March 17, 2011 3'16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 20113:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but 1 cannot put you in tegal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252- 8400.0_ From: HillerGeorgia Sent: Wednesday, March 16, 20112:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, 1, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff QeffKlatzkow tdcolliergov.net> wrote: Please see the attached. U Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 20112:15 PM To: OchsLeo; Klatzkowleff Cc: RaineyJennifer, HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, 49C As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct to C the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do not wart your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkowleff Sent: Friday, March 11, 20114:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. 10 •9C We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, March 10, 20114:17 PM To: Klatzkow]eff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Fires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 1.1 From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff; 'Batten, Brent'; 'dhusty @news- ress_com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- Ieeal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 20119:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High 12 Tony, Ilk 9C Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Freatlnev c,viw�shaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl-legal.coml Sent: Tuesday, March 08, 20117:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject; PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all entails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 13 to 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apiresAa 2l- legal.corn Firm Website: www.wpl- legal.com This transmittal and/or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. 14 i'tu. t I lot idj Law e mt I addresses ni ubllc ommds If you do not v ant vow Cou d address a I asrd in reypo ise m a publ c n nods request. do not senv .I .o!onlc molt to this entity' InsFac. , to tad this office hy. tc lo„ hunt or n t nn mr <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff ( I ) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption- I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, 1 have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires @wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: KlatzkowJeff Cc: GrimshawHeather; TorreJohn Subject: F W: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 15 239- 649 -6555 Phone 239- 649 -7342 Fax apiresC@wpl- legal.com FIRM WEBSITE: WWW.WFL- LEGAL.COM rfi This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Fires Cc: TorreJohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather c jji� show Citizen Liaison Communication & Customer Relations Collier County Government 239- 252 -8069 From: Anthony Fires [mailto:APires @wpl- Iegal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High 16 This is a public records request for copies of for all public records, for the period beginning 9C October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax 17 ) apires@ TI -le al com *qC Firm Website: www.wpl_le al.com This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. i r i Ion la I uw . o n I add t sa are n tl C c") la II 'ou do not y� t , +w o "'all nid'ws el .d el rca,x „t > a pn.hhi ; tray :.qucct. Jrr aot 011 e1. CItuiiy,ta alto I de, „vta) m.7eiJ c,, t4,', otlue b, ICIcP ronc of nc +ni n�.. 18 9C RaineyJennifer From: RaineyJennifer Sent: Thursday, March 17, 2011 2:34 PM To: PriceLen Cc: RaineyJennifer Subject: Puchasing Policy Len, we have the Purchasing Policy thank you so much. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax Under Florida Law, e -mail addresses are public: records. If you do not want your email address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by telephone Orin writing. 19 k�: 9 C RaineyJennifer From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tomiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: W 71; 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. &9C ri RaineyJennifer From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: FW: Fire Control Communications Attachments: 258475. PDF Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 695 J9C electronic mail to this entity. Instead, contact this office by telephone or in writing. RaineyJennifer 9 C From: KlatzkowJeff Sent: Wednesday, January 05, 2011 2:01 PM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Attachments: 934. docx Commissioner: In answer to your question, depending upon the facts, intercepting, taping and disclosure of telephone calls can constitute a third degree felony in Florida. See F.S. 934.03, copy attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, January 05, 2011 11:20 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Understood and agreed. What I need from you is the legal analysis as to whether the claims are supported by law. Can staff's calls be recorded without their permission etc. I need Leo to address the facts - as to whether they are true or false as presented in Fire's letter. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkow3eff Sent: Tuesday, January 04, 2011 9:45 AM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Commissioner: Board policy is that this Office not investigate staff. Unless the Board directs otherwise, my hands are tied. 536 Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Monday, January 03, 2011 10:19 AM To: Klatzkow7eff; OchsLeo Cc: Rainey7ennifer Subject: RE: Fire Control Communications Agreed Jeff, however, the County is being accused of civil and criminal misconduct. t9C I need a response from you and Leo as to what transpired, and what defense the County has against the charges that are being made. The claims made are serious and should be refuted if they are false. If they are true, then corrective policy action is required. I await your and Leo's response. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkowieff Sent: Friday, December 31, 2010 2:28 PM To: HillerGeorgia; OchsLeo Cc: Rainey7ennifer Subject: RE: Fire Control Communications Commissioner: My Office was not involved in this matter, and based on prior Board direction, we cannot investigate allegations against staff except when relevant to pending litigation or if specifically directed to by the Board (which I would typically recommend against given our day -to -day working relationship with staff) . Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM 537 To: Klatzkowieff; OchsLeo Cc: RaineyJennifer 9 (1 Subject: FW: Fire Control Communications (� Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 538 r Under Florida Law, e-mail addresses are public records. If you do not want y r e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 539 J RaineyJennifer 9C From: HillerGeorgia Sent: Wednesday, January 05, 2011 11:20 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Understood and agreed. What I need from you is the legal analysis as to whether the claims are supported by law. Can staff's calls be recorded without their permission etc. I need Leo to address the facts - as to whether they are true or false as presented in Fire's letter. Thank you. Commissioner Georgia Hiller District 2 From: KlatzkowJeff Sent: Tuesday, January 04, 2011 9:45 AM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Commissioner: Board policy is that this Office not investigate staff. Unless the Board directs otherwise, my hands are tied. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Monday, January 03, 2011 10:19 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: RE: Fire Control Communications Agreed Jeff, however, the County is being accused of civil and criminal misconduct. I need a response from you and Leo as to what transpired, and what defense the County has against the charges that are being made. The claims made are serious and should be refuted if they are false. 543 If they are true, then corrective policy action is required. + v I await your and Leo's response. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkow7eff Sent: Friday, December 31, 2010 2:28 PM To: HillerGeorgia; OchsLeo Cc: Raineyiennifer Subject: RE: Fire Control Communications Commissioner: My Office was not involved in this matter, and based on prior Board direction, we cannot investigate allegations against staff except when relevant to pending litigation or if specifically directed to by the Board (which I would typically recommend against given our day -to -day working relationship with staff). Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: Klatzkow7eff; OchsLeo Cc: Raineyiennifer Subject: FW: Fire Control Communications Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. 544 County staff can't be threatened to act or not act by anybody (includin� C superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: Raineylennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 545 > County Attorney > (239) 252 -8400 > From: Rainey7ennifer ^ > Sent: Wednesday, March 16, 2011 2:15 PM 9 > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer; HillerGeorgia > Subject: FW: March 22 BCC Agenda - Fire School > Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. > With Thanks on behalf of Commissioner Hiller, > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: OchsLeo > Sent: Monday, March 14, 2011 10:12 AM > To: MitchellIan > Cc: HillerGeorgia; KlatzkowJeff; Rainey7ennifer > Subject: FW: March 22 BCC Agenda - Fire School > Ian, > As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. > Leo > From: HillerGeorgia > Sent: Thursday, March 10, 2011 1:08 PM > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer > Subject: March 22 BCC Agenda - Fire School > Leo, 9C > Please add the following to the March 22 agenda: > 1. Direction to the County Attorney to draft an amendment to the TDC > ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. > Thank you for your attention to these matters - > Commissioner Georgia Hiller > Under Florida e -mail address electronic mail writing. Law, e-mail addresses are public released in response to a public to this entity. Instead, contact Jeffrey A. Klatzkoti County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3 11, 2011 4:06 PM 8.11prr records. If you do not want your records request, do not send this office by telephone or in > Tony: > I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. 7 > My understanding is that the records you are looking for were never 9 produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. > We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, March 10, 2011 4:17 PM > To: KlatzkowJeff > Subject: FW: Pires3.8.11prr > Please see below. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr M ' 9C > Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. > Anthony P. Pires, Jr. > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, March 10, 2011 9:45 AM > To: Anthony Pires > Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torre7ohn; > OchsLeo; TeachScott > Subject: FW: Pires3.8.11prr > Importance: High > Tony, > Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 - 252 -8069 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, March 08, 2011 7:58 AM > To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre7ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High 0 > This is a public records request period beginning September 1, 2010 emails (including blind copies sent affidavits, recordings, statements, County Commission Agenda Item 9A on &9C for copies of for all public records, for the up to today, [including but not limited to all or received)], calendars, memorandum, etc., concerning the matters discussed under November 9, 2010. > This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: > 1. the sworn statements referenced at page 55 of the attached. > 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > - - --- > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 10 'a, 9 electronic mail to this entity. Instead, contact this office by telephone or in writing. > <20110310073545407.pdf> > Tony: > As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, January 27, 2011 12:38 PM > To: KlatzkowJeff > Cc: GrimshawHeather; TorreJohn > Subject: FW: Pires1.18.11prr > Importance: High > Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. > Anthony P. Fires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] 11 > Sent: Thursday, January > To: Anthony Pires > Cc: Torre7ohn > Subject: RE: Pires1.18. > Tony, 27, 2011 11:13 AM 11prr 69C > The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 -252 -8069 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, January 18, 2011 9:36 AM > To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre7ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High > This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: > 1. the sworn statements referenced at page 55 of the attached. > 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. > 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. > 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. > 6. transcript of recording referenced at page 58 of the attached. > 7. consent of all participating parties to the recording referenced at page 58 of the attached. > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached 12 > Anthony P. Pires, Jr. ► Q C > Woodward, Pires & Lombardo, P.A. 7 > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > - - - - - > Under Florida Law, e-mail addresses are e -mail address released in response to a electronic mail to this entity. Instead, writing. 13 public records. If you do not want your Public records request, do not send contact this office by telephone or in RaineWennifer big C From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: KlatzkowJeff Cc: OchsLeo, TeachScott, RaineyJennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NON has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. > It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow7eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. 1 > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: Rainey7ennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." > Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: 2 > 9C > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). > Sec. 199.10 provides as follows: > 119.10 Violation of chapter; penalties. > (1) Any public officer who: > (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: Klatzkowleff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? 3 > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: Klatzkowleff > Sent: Thursday, March 17, 2011 3:35 PM > To: Rainey7ennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for, the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Rainey7ennifer > Sent: Thursday, March 17, 2011 3:16 PM > To: Klatzkowieff; HillerGeorgia > Cc: OchsLeo; Raineyiennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: KlatzkowJeff > Sent: Wednesday, March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: Rainey7ennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire School M > 9C > Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: Klatzkow7eff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire School > Jeff, > If the county filed the complaint, I, as a commissioner, should have the right to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Please see the attached. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer > Sent: Wednesday, March 16, 2011 2:15 PM > To: OchsLeo; Klatzkow7eff > Cc: RaineyJennifer; HillerGeorgia > Subject: FW: March 22 BCC Agenda - Fire School > Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. > With Thanks on behalf of Commissioner Hiller, > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 5 > (239) 252 -8602 > (239) 252 -3602 Fax > From: OchsLeo > Sent: Monday, March 14, 2011 10:12 AM > To: MitchellIan > Cc: HillerGeorgia; KlatzkowJeff; Rainey7ennifer > Subject: FW: March 22 BCC Agenda - Fire School > Ian, r9C > As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. > Leo > From: HillerGeorgia > Sent: Thursday, March 10, 2011 1:08 PM > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer > Subject: March 22 BCC Agenda - Fire School > Leo, > Please add the following to the March 22 agenda: > 1. Direction to the County Attorney to draft an amendment to the TDC > ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. > Thank you for your attention to these matters - > Commissioner Georgia Hiller 9 > 9C > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: KlatzkowJeff > Sent: Friday, March 11, 2011 4:06 PM > To: 'Anthony Fires' > Cc: TeachScott > Subject: RE: Pires3.8.11prr > Tony: > I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. > My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. > We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, March 10, 2011 4:17 PM > To: KlatzkowJeff > Subject: FW: Pires3.8.11prr > Please see below. > Anthony P. Pires, Jr. 7 > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail (� > Suite 200 7 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: Anthony Pires > Sent: Thursday, March 10, 2011 11:55 AM > To: 'GrimshawHeather' > Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; > OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; > 'dhusty @news - press.com'; HillerGeorgia; HenningTom > Subject: RE: Pires3.8.11prr > Heather, I am not asking for a copy of the public records publicly discussed, as attached BCC minutes. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239- 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com the complaint or the allegations; just referenced in my request and the > Firm Website: www.wpl- legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, March 10, 2011 9:45 AM > To: Anthony Pires U I > Cc: Page]eff; RodriguezRod; McLaughlinAlan; SummersDan; Torre]ohn; > OchsLeo; TeachScott �. O > Subject: FW: Pires3.8.11prr 7 > Importance: High > Tony, > Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 - 252 -8069 E > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, March 08, 2011 7:58 AM > To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre3ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High > This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of records referenced or discussed at the County Commissio November 9, 2010: > 1. the sworn statements referenced at page 55 of > 2. the email and attachments from Eloy Rodriguez and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. the following public n under Agenda Item 9A on the attached. referenced at pages 55 page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached G > Anthony P. Pires, Jr. 9C > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > - - - -- > Under Florida Law, e-mail addresses ar e -mail address released in response to a electronic mail to this entity. Instead, writing. > <20110310073545407.pdf> > Tony: public records. If you do not want your public records request, do not send contact this office by telephone or in > As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Fires [mailto:APires @wpl- legal.com] > Sent: Thursday, January 27, 2011 12:38 PM > To: Klatzkow]eff > Cc: GrimshawHeather; Torrelohn > Subject: FW: Pires1.18.11prr > Importance: High 10 > Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, January 27, 2011 11:13 AM > To: Anthony Fires > Cc: TorreJohn > Subject: RE: Pires1.18.11prr > Tony, > The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239- 252 -8069 > From: Anthony Pires [mailto:APires @wpl -legal > Sent: Tuesday, January 18, 2011 9:36 AM > To: Page]eff; RodriguezRod; McLaughlinAlan; > GrimshawHeather; TorreJohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High u com] SummersDan; > This is a ublic record V r s request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of records referenced or discussed at the County Commissic November 9, 2010: > 1. the sworn statements referenced at page 55 of > 2. the email and attachments from Eloy Rodriguez and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. the following public n under Agenda Item 9A on the attached. referenced at pages 55 page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at oaee 58 of the attarhPH > Anthony P. Pires, Jr. > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239- 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > - - - - - > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 12 664c electronic mail to this entity. Instead, contact this office by telephone or in writing. 13 Ab9C HillerGeorgia From: KlatzkowJeff Sent: Friday, March 18, 2011 2:02 PM To: HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I have reviewed the transcript of the Board's action. It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. I have given you my reasons Tuesday. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 6:30 AM You are free to bring the issue up for discussion on To: Klatzkow7eff Subject: RE: March 22 BCC Agenda - Fire School Jeff, How does the statute you cite relate to the county? The county filed the complaint with the State. The investigating agency referred to is the State. The State has found no probable cause. Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. Has any other commissioner seen he information I have asked for? Who in the county has seen the information I have requested? I am beginning to have very serious concerns about your legal interpretations and conclusions. Thank you. Commissioner Georgia Hiller District 2 . From: Klatzkow7eff 1 Sent: Thursday, March 17, 2011 5:09 PM To: HillerGeorgia Cc: Rainey]ennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 N From: HillerGeorgia / y Sent: Thursday, March 17, 2011 3:55 PM To: KlatzkowJeff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: KlatzkowJeff Sent: Thursday, March 17, 2011 3:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e-mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 2011 3:16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey 3 *I.gG Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 2011 2:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey 4 Executive Aide to Board #2 3299 Tamiami Trail East, Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax Wo J of County Commissioners Aide to Commissioner Georgia Hiller, District Suite # 303 From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkowleff; Rainey]ennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkow7eff Cc: Raineyiennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller 5 Under Florida Law, e-mail addresses are public records. If you do address released in response to a public records request, do not entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkow]eff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Fires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony `9C not want your e -mail send electronic mail to this I have reviewed the matter once last time and my opinion has not substantively changed from my e-mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: Klatzkowleff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this L transmittal and /or attachments in error, please notify us immediately by reply or by 9 C telephone (call us at 239- 649 -6555) and immediately delete this message and all its t/ attachments. From: Anthony Fires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torrejohn; OchsLeo 7 Subject: PUBLIC RECORDS REQUEST 9C Importance: High 4 This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, ]r. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to rd produce any record that arguably falls within a public records request; and (2) advise s'£afaf Cj not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires@wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkowleff Cc: GrimshawHeather; Torre7ohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: Torre7ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 9 9C From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 10 HillerGeor is From: Brett Bacot [brett @jkarnold.comj Sent: Friday, March 11, 2011 12:36 PM To: HenningTom; FialaDonna; CoyleFred; HillerGeorgia; ColettaJim Cc: WightDebbie; TorreJohn; OchsLeo Subject: Legislative Update Legislative Update 3 -11 -11 The first week of the 2011 Legislative Session has ended with big ticket items moving through the process. The controversial teacher merit pay bill (SB 736), which was vetoed by the previous Governor, has passed the Senate, and the Unemployment Compensation bill (H13 7005) which, shortens the length of benefits and lowers tax burdens for businesses, has passed the House in the first week. Other major legislation moving through the process is outlined below. The first sub - committee budget recommendations are expected to be released on or around March 21" shortly after the Revenue Estimating Conference meeting on March 18`n PENSION The House heard further testimony on local government pension reform. Meanwhile, the Senate voted on the strike -all and amended version of pension reform (SB 1130) within the FRS. The bill voted out of committee was significantly different from the Governor's proposals. With a single no vote, below are some highlights: As a result of the amendments adopted, state employees would not have to contribute if they earn $40,000 or less annually. Workers that make between $40,000 and $75,000 will have to contribute no more than 2 percent and those making more than $75,000 would have to contribute no more than 4 percent. The bill would also give future employees the ability to stay in a defined benefit plan if they made less than $75,000. - No change in annual accrual rates - No change in the DROP program (Deferred Retirement Option Plan) - Changes to this plan are for public employee hires on for after July 1, 2011, and all Senior Management, elected officials, and employees making $75,000 It's unlikely that the legislation will remain in its current form as it moves through the process, but the bill right now varies greatly from the changes originally proposed by Governor Scott. The bill sponsor indicated that even by reducing provisions in the bill it would still save the state several hundred million dollars. An amendment was also adopted that changes the vesting requirement from 6 to 8 years for all new state employees. The local pension bill, SB 1128, is scheduled to be taken up next week by the same committee. There are several amendments pending to the bill which were reported previously. The amendments generally weaken the bill from its original version, but premium tax dollars used for unfunded pension liabilities and restriction of overtime, unused leave time in pension calculations remain in bill. TABOR — HB 958 As a top priority for Senate President Mike Haridopolos, TABOR, or " SmartCap" is poised to pass the Senate next week. The House is expected to refer the Constitutional Amendment to committees to vet out the proposal. 9C The version that passed the Senate only places a spending and revenue cap on state budgets. Speaker Cannon would like to see the caps extend to local governments as well. We will be watching for amendments in the House committees. GROWTH MANAGEMENT Growth management as it exists today lies within the Department of Community Affairs. However, Governor Scott has proposed to eliminate the state agency and move only 10 out of the current 61 planners within the purview of the Department of Environmental Protection. In order to accomplish this, the Legislature will need to create a major overhaul of the system that will include streamlining most of the review process, which is what the business groups, some local governments, and current DCA Secretary are supporting. The House released its first draft of the growth management overhaul and discussed the major issue areas this week. The draft of ideas includes only the major points, and future committee meetings will begin addressing some of the specific issues. Currently, the House draft includes the following: - Elimination of state approval of growth plans prior to local governments adopting - Repeal of Rule 9J -5 - Optional rather than required transportation and school concurrency - State will maintain oversight of critical state resources, but that has yet to be defined - Increase the thresholds for citizen challenges to growth management plans - Elimination of the `Financial Feasibility' requirement in the capital improvements element - Allowing - Moving to an expedited state plan review process for most plan amendments - Remove twice a year limit for adoption of local plan amendments The Senate is expected to release a growth management bill in the coming weeks. FERTILIZER SB 606/HB 457 These bills remove home rule authority from local governments by placing regulations of the sale and use of fertilizer solely with the Florida Department of Agriculture and Consumer Services exempting local governments. The House version is in its second committee of reference. The Senate version was temporarily postponed this past week in order for opposing interests to work on a compromise. Currently, the Florida Retail Federation and Associated Industries of Florida argue that fertilizer regulations should not be varied by county, whereas local governments argue that it impedes on home rule authority and preventing some local governments the ability to clean local waterways. It is set to be heard Monday morning in the Senate Agriculture Committee. UNEMPLOYMENT COMPENSATION — HB 70051SB 728 The State's persistent unemployment rate has forced Florida to borrow $2+ billion from the federal government. Legislation has been proposed to reform unemployment compensation that would lower the tax liability. Measures from drug testing, to mandatory time dedicated to community service, to lowering unemployment benefits have been proposed. On Thursday, the House passed the legislation by a vote of 81 -38. Changes to unemployment compensation address: 1. The claimant's state and federal benefits to include an initial skills review, closer tie in to federal laws, and allowing the number available weeks to be compensatory with unemployment rate 2. Qualifications to receive state benefits including employee misconduct review and determination 9C 3. Appeal of a benefit determination 4. Reduction of Employer UC taxes (to equal benefit ration calculation downward to 10 %), and allowing employers to spread out UC payments The Senate bill is ready to be heard in it last referenced committee. The bills currently do not match up. Thank you, Brett Bacot J. Keith Arnold & Associates 201 W. Park Avenue, Suite 100 Tallahassee, FL 32301 ph 850.222.8188 fax 850.222.8199 www ikarnold. com HillerGeorgia 9 v From: HillerGeorgia Sent: Friday, March 18, 2011 6:30 AM To: KlatzkowJeff Subject: RE: March 22 BCC Agenda - Fire School Jeff, How does the statute you cite relate to the county? The county filed the complaint with the State. The investigating agency referred to is the State. The State has found no probable cause. Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. Has any other commissioner seen he information I have asked for? Who in the county has seen the information I have requested? I am beginning to have very serious concerns about your legal interpretations and conclusions. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkowleff Sent: Thursday, March 17, 2011 5:09 PM To: HillerGeorgia Cc: Raineylennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely �9C include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: Klatzkowleff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. z Again, a written return response is requested to this last question as well. 9 V With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: Klatzkow7eff Sent: Thursday, March 17, 2011 3:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Fires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e-mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 2011 3:16 PM To: Klatzkow7eff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: Klatzkow7eff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March To: Klatzkow7eff 16, 2011 2:58 PM Cc: RaineyJennifer; OchsLeo 3 Subject: Re: March 22 BCC Agenda - Fire School 9 V Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; Klatzkow7eff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkow7eff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo 4 From: HillerGeorgia W 9 C Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkowleff Cc: Raineyiennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkowleff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e-mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain 3 No confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. we have requested that Jeff Page hand over all responsive documents to our office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: KlatzkowJeff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: Anthony Fires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com M 69C This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torre3ohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torre3ohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached i 9C Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpI- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkowleff Cc: GrimshawHeather; Torrelohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Fires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail 8 c -z Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Fires Cc: Torre3ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 0 it. 9c 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpi- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 10 9C Raine Jennifer From: KlatzkowJeff Sent: Thursday, March 17, 2011 5:10 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s and removal or impeachment and, in addition, commits a noncriminal infraction, 119.07(1) commits a degree, punishable as provided in s. 775.082 or s. 775. (2) Any person who willfully and knowingly violates: 1 is subject to suspension misdemeanor of the first 083. p (a Any of the provisions of this chapter commits a misdemeanor of the first ) degree, punishable as provided in s. 775.082 or s. 775.083• punishable as (b) Section 119.105 commits a felony of the third degree, p provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: Klatzkow7eff Cc: Rainey7ennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: Klatzkow7eff Sent: Thursday, March 17, 2011 3:35 PM To: Rainey7ennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to 2 a 9C Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Rainey7ennifer Sent: Thursday, March 17, 2011 3:16 PM To: Klatzkow7eff; HillerGeorgia Cc: OchsLeo; Rainey7ennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: Klatzkow7eff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: Rainey7ennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 2011 2:58 PM To: Klatzkow7eff Cc: Rainey7ennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. 3 Georgia Hiller Commissioner, District 2 9C On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Rainey7ennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; Klatzkow7eff Cc: Rainey7ennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkow7eff; Rainey7ennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. 4 Leo 9C From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkowleff Cc: Rainey3ennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Fires' Cc: TeachScott E Subject: RE: Pires3.8.11prr K 9C Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: Klatzkow]eff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 1a 9C From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Page7eff; RodriguezRod; McLaughlinAlan; SummersDan; Torre]ohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news- press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Page7eff; RodriguezRod; TeachScott Subject: FW: Pires3.8.11prr Importance: High McLaughlinAlan; SummersDan; Torre7ohn; OchsLeo; Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 7 *9C From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torrelohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. g, the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. 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