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Backup Docs 05/10/2011 (CR) ----------------- -~- Agenda Item #: "S A Meeting Date : ~ liS 8 A Presented bY(:... , l..ll L L '2\1... (3) Prior to the publishing of the agenda. whoever places the item on the agenda should include as much supporting documents. information. and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Agenda Item #: ~ Meeting Date: 5/' 0 ~8A I Presented by: Cb~MISSIDrJe{Z. ,l~tl.(=~. I April 12-13, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 12-13, 2011 ------~----_._~_._-------- LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, BCC Executive Manager Mike Sheffield, Business Operations Manager - CMO Page 1 .8A April 12-13, 2011 MR.. THOMAS: Commissioner Coyle, I'll see you this weekend. CHAIRMAN COYLE: You're going to have the Irish dancers there? Good, okay. MR. THOMAS: See you this weekend. CHAIRMAN COYLE: Okay. Are we ready? Item #9F AMENDMENTS TO ORDINANCE NO. 75-16, AS AMENDED, RELATING TO THE MEETINGS OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THAT WILL INTRODUCE RULES OF DECORUM AND CIVILITY - MOTION TO AMEND MEETING ORDINANCE REGARDING AGENDA/MEETING PROCEDURES AND COUNTY ATTORNEY TO BRING BACK FOR REVIEW - APPROVED; STAFF TO INCLUDE ON THE AGENDA CHANGE SHEET WHY AN ITEM WAS PULLED, CONTINUED OR WITHDRA WN ON A TRIAL BASIS; COUNTY ATTORNEY TO BRING BACK RESOLUTION OF WHAT DEFINES A CONSENT AGENDA ITEM FOR THE BCC TO UPDATE DUE TO THE AGE OF THE CURRENT ONE MR.OCHS: Yes, sir. That would take us back to Item 9 on your agenda, 9F. It's a recommendation to discuss possible amendments to Ordinance No. 75-16 as amended, relating to the meetings of the Collier County Board of County Commissioners that will introduce rules of decorum and civility, and Commissioner Henning brought this item forward. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Thank you. This item is not to point any fingers at one commissioner, because I know that finger pointing only points four back at myself: Page 131 8A April 12-13, 2011 And also on the way down to the meeting today, I was listening to Moody's radio station and thought about Matthews 7:3, so I'm not going to be hypocritical of anybody. This item on the agenda, the request of the maj ority of the board present at a past meeting, that is why it's on the agenda. Nor am I going to -- I want any -- any of this item on today's agenda for any commissioner to have more power than any other, because I know that it is a representative form of government. Nor do I want to limit any commissioner at any time with the county manager, because I know this is against Florida law. Nor am I going to ask any of my colleagues to swear on a Bible, because whatever you state is your opinion. And at the end of the meeting, members present agreed that I would place this item on the agenda, and that's why it is on the agenda. Commissioners, you read the backup material on today's agenda. It is my opinion that we don't need any more language to tell us how to govern ourselves individually and as a representative of your district, but I know that in the community there are several comments on how we conduct ourselves, and that's really all I have to say. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Coletta, you had distributed a one-way communication indicating some things you wanted to discuss under this item. I think you've got some good ideas. COMMISSIONER COLETTA: Well, they're basically ideas. I see that we have certain things here we could do better when it comes to doing the people's business. Sometimes we have a tendency to get bogged down without any controls in place. And I sent you this ahead of time hoping you've had some time to read it. I know there hasn't been a lot of time. This is one of the things that's big to me is about notifying somebody ahead of time. Page 132 t&B A April 12-13, 2011 Now, you haven't had a lot of notice on this, but at least I got it mailed to you, like, the day before. But if you go through this thing piece by piece -- and just for discussion purposes to see where it's going to take us. One item that needs to be resolved is how commissioner items are placed on the agenda and commissioners' use of the county manager's staff time and other members of the county staff on such items. At the beginning of a board meeting, prior to the approval of the agenda, commissioners can question any agenda item for clarity and/or substance to promote passing such an agenda item. Ifa commissioner recommends an item be removed from the consent agenda, that item would have to be approved by a simple majority on the regular agenda. Flagler County meeting order of business states the following: "Removal of an agenda item, any commissioner, the county administrator, or county attorney may request that an item be pulled from the agenda, and the commissioners shall vote by consensus whether or not to delete the item from the agenda." Now, the way this could be avoided would be simply to involve staff in a meaningful way so that we can make sure that they're prepared for it and possibly a position paper put along -- put out there with it and enough backup so that we know what we're dealing with at the beginning. I mean, it's very disturbing to come to an item on the agenda and try to second guess exactly where the item's supposed to take you. And only the person that placed it on the agenda has the knowledge in the direction they want to go. I think a lot more detail should be given to that. Also, staff time is a valuable limited resource that shouldn't be nominated by -- dominated by anyone commissioner without the prior approval of simple majority of the board. Prior to eliciting the assistance of staff through the county Page 133 ...8 A April 12-13, 2011 manager, commissioners should seek approval from the board on all issues that will require more than one hour of staff time. At no time can the scope of work differ from what the board authorized by a majority vote. Commissioner aides do not work under the county manager and would be exempt from this restriction. Staff time up to one hour can be granted by either the county manager for his staff, or the CRA directors, or the director of the Airport Authority, the MPO director, or the BCC office manager for his resources. And, of course, the reason for that, too, is to make sure that our staff time is being utilized fully and truly what it is. Many times I come to you beforehand and I tell you what my visions are and what I'd like to do before I proceed to be able to make sure I can have staff time for it. Probably three out of four times you say yes, and one out of four times you tell me to go away and leave you alone, and I do so because, I mean, we're here to work as a group to come to some sort of consensus on many different issues out there. Chairman's protocol for the right of commissioners to have the floor. The chairman should be authorized to interrupt a board member who has the floor if the board member is being repetitive or if another board member calls a question and receives a second. Ambush debates by commissioners is strongly discouraged. That is when a commissioner engages in a major discussion point without first conferring with the appropriate staff to first get an answer to the question and/or preparing a position paper that will accompany the agenda item so that all board members and interested parties may prepare in advance. Time availability of information. Information that comes to the commission's attention too late to provide advance notice to other board members and interested persons may be considered at the discretion of the board, or the agenda item may be continued so that Page 134 ,.8 A Apri112-13,2011 such information could be reviewed in advance of any discussion on the item. Even today we were receiving things; people handed it to us across the dais. Board member swearing in by court reporter. Now, this may be contentious, but I still think we need to consider it. Each official board member (sic) will commence with the board member being sworn in by the court reporter. I remember somebody brought this up to me before. They wondered why we were swearing them in when we weren't sworn in. lt is recommended that the ethics ordinance be amended so that any knowingly or willful material, false, fictitious or fraudulent statements made during an official meeting of the board may subject the offending board member to a fine not to exceed $500, imprisonment in the county jail for a term not to exceed 60 days, or both fine and imprisonment. Setting of the agenda. Once the agenda is set on the Wednesday afternoon immediately prior to the next scheduled board meeting, an item may only be moved from the consent agenda after discussion at that scheduled meeting with approval by a majority of the Board of County Commissioners. So you'd have to get some justification to be able to move it. And I'm sure that if we've seen enough concern in it, probably most of the time we wouldn't have a problem, rather than just arbitrarily moving it when nothing more than a simple question would suffice. Too many times we've seen it where the question that's asked-- and a couple questions asked could have easily been answered by staf:f, and they just -- a person either didn't take the time or they weren't listening when they asked the question. So there you have it. For what it's worth, that's my suggestions, my thoughts, and I'd like to hear yours. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. First of all, I think -- going Page 135 ~..8 A April 12-13, 2011 to the issue of the consent agenda, I think the board has historically used the consent agenda to avoid public debate of items that deserve public debate, and that's unacceptable. The consent agenda isn't something that is supposed to catch everything, and only by exception should things be put on the regular agenda. The consent agenda is supposed to be for minor issues, issues that aren't of a material financial concern. For example, recurring items like, for example, if you have a lease and the lease recurs year after year and you have to, you know, ensure that you want to renew that lease for the next year. That's the kind of thing that goes on the consent agenda where it's not being rebid or anything like that. So, really, the description that you have in your paper, Commissioner Coletta, is actually backwards to the way things are supposed to be done. The nonmaterial, minor items that are not deserving of public debate are placed on the consent agenda, and everything else is supposed to be on the general agenda. With that, the decision as to, you know, the -- getting permission to put things on the general agenda and limiting it to approval in the way that you're describing basically is preclusive of representative government. I, as a commissioner, who, you know, represents my constituents, as you do yours, may want to bring something forward that's, you know, very important to my district, and now all of a sudden I can't bring it forward because you're going to subject me to a vote. That's just not an option~,.\, With respect to staff tipa~ere's a cle'~r statute on, you know, what the rights of indi~~l commissioners ~re with respect to staff time~ and I specificallt~ite 125.7~, ~u?sec}j~n 1, Subsection C, and that IS that we can -- ,\e have the IndIv~dMflI nght to request the information of the court~tra~ and his staff to the extent necessary fOf us to make an informed decision, and to limit our ability to get the information from staff or for the county manager not to Page 136 _8A April 12-13, 2011 provide that information or to provide it selectively goes directly in the face of statute. With respect to cutting off debate basically where you're suggesting that if a board member calls the question and receives a second, that debate should be cut oft: that violates Robert's Rules, and Robert's Rules govern us. In fact, you need, in effect, a supermajority vote to cut off debate, not a, you know, three-man vote as was exercised in the past when an attempt was to -- when an attempt was made by this board to cut off my ability to speak on an issue where I had a differing viewpoint. In fact, Robert's Rules provides for two rounds of debate, ten minutes apiece in each round. And I don't think we should do anything to limit any board member's right pursuant to Robert's Rules to fairly debate any issue which comes before this board. The public has the right to hear our representative positions, be they for or against whatever is presented. With respect to preparation, you know, and providing supporting information or a position paper, there are many issues which, you know, don't require a position paper, and there are many issues where the information has already been reviewed by this board, and I've noted, you know, Commissioner Coyle has presented items where there's nothing, you know, behind the one sentence he has and, quite frankly, I really don't have a problem with it. In terms of timing, there really is a problem with, you know, the timeliness of getting things on the agenda and making that agenda available to the public. I actually have a concern that the agenda comes out so late that the public doesn't have the time to inform themselves of what's going on. And, you know, maybe we've got too much on these agendas and n1aybe, you know, the agendas need to come out earlier with the backup so the public has the right to review it and come and talk to staff and come and talk to the commissioners. Page 137 ~8A' April 12-13, 2011 You know, releasing the agenda on Thursday with the meeting being Tuesday morning doesn't give the public really any opportunity to set up meetings and come and talk to us and address their concerns and have us represent them accordingly. So I really do have a problem with the timing but in a very different fashion. And the other thing is, there doesn't seem to be a consistent cut-offwhen things get on the agenda. You know, if the cut-off is Wednesday -- you know, I was told the cut-off is five o'clock. Well, you know, I'm anticipating to turn something in at four because I have meetings in the morning, and something has come to my attention in that particular day, and all of a sudden I find I can't do it. I think there needs to be a consistent hour of the day and that it shouldn't be some floating hour but rather, you know, if we're going to cut it off at four in the afternoon on Wednesday -- I actually think it should be earlier, say, the week before, say -- or Monday, say, four o'clock Monday. That gives the public, you know, an entire week to vet their concerns. That's certainly a much fairer approach in the interest of the public's right to know. With respect to swearing in, well, I think everybody should be sworn in. I think staff should be sworn in. If we're going to go the route of swearing in, if we're talking perjury here and if we're saying that, you know, whatever is being presented is material to our decisions being made and we're all relying on it, then I think staff should be sworn in, I think the public should be sworn in, I think we should be sworn in. I mean, if we're going to take it to that level, there's nobody above the truth and, quite frankly, it's -- that is really a debate in and of itself So as I said, you know, with respect to your last item, setting the agenda -- and I addressed that a little earlier, should be a time-certain, should be well ahead. The consent agenda -- oh, another point about the consent agenda. I'm finding things, you know, show up on the consent agenda in the last minute where, you know, had I known, I Page 138 ~ 8 A Apri112-13,2011 would have maybe pulled that item and put it on the regular agenda, but because I, you know, received the fmalized agenda with a consent already set, you know, I basically have lost my right to pull something without a vote. That's just not an option. That's just not an option. We -- you know, we really want to preserve the ability to have the review of what's on consent before the agenda is finalized so we can recommend to the county manager if we'd like it moved. But, again, it goes back to, you know, the definition of what should be on consent, and consent should not be for material items. So, you know, that issue of whether something should be on consent really should be, you know, very insignificant. CHAIRMAN COYLE: Okay. Commissioner Coletta, were you next? COMMISSIONER COLETTA: No, sir. COMMISSIONER HILLER: Oh, can I mention one last thing? CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I mean, obviously, if we're talking about amending the ordinance, you know, after -- if we go through all of this and decide somehow the ordinance needs to be amended, then I think, you know, we would have to, you know, proceed along the direction for any, you know, formal ordinance amendment, that we can't do anything with respect to any of this, you know, without a formal hearing. COMMISSIONER COLETTA: Of course. CHAIRMAN COYLE: Okay. Commissioner Coletta, were you next, or was that Commissioner Henning? COMMISSIONER COLETTA: I was just saying the word "of course" to the last statement. But no, go ahead. I spoke earlier, but I'll speak again later. Commissioner Henning was next. CHAIRMAN COYLE: Okay. Commissioner Henning. COMMISSIONER HENNING: And -- well, Commissioner Fiala, you don't mind? Page 139 ~8A Apri112-13,2011 COMNITSSIONER FIALA: No, you're first. COMNITSSIONER HENNING: Okay. The -- Commissioner, I -- Coletta, I don't know. who helped you put this together, but I want to point out the first item that you mention about removing items from the agenda quoting Flagler County states, "Any commissioner or county administrator or county attorney may request the item be pulled from the agenda," and this will be voted on by a consensus of . . commISSIoners. What you're turning that information around is a commissioner cannot remove an item from the consent agenda and put it on the regular agenda. So I mean, it really doesn't -- it doesn't match up. But I know that whoever helped you with that was trying to put it on the consent. It was just like last night. I received an email from a constituent that had a concern on the consent item. After I looked at the concern and looked at the consent item, I agreed with that constituent, and it is on the regular agenda. So that refers back to your last item, which the agenda is set on Wednesday afternoon. Immediately prior to the next scheduled board meeting, the item may only be moved to the consent agenda or continued to a future agenda after discussion of a scheduled meeting and approved by the majority of the board. Sometimes, like Commissioner Hiller stated, the public doesn't get to review -- Nicole -- the item until Thursday. Nicole sends me an email-- no, that's after Wednesday. So I want to address -- have the opportunity to address Nicole's concerns. And as far as staff time, that doesn't belong in the County Commissioners' meeting ordinance. If you want to put it in there, it needs to be put into the county manager's ordinance. But as Commissioner Hiller pointed out, it's against state law. COMMISSIONER HILLER: Yeah, it is. Totally against state law. COMNITSSIONER HENNING: You know, and my last -- Page 140 ~i.8 A April 12-13, 2011 COMMISSIONER FIALA: What's-- COMMISSIONER HENNING: It's against state law. COMMISSIONER FIALA: To? COMMISSIONER HENNING: To limit a county commissioner's ability to learn about things dealing with the county government, and that is in the front page, Commissioner Fiala. COMMISSIONER FIALA: Well, I have your stuffhere, but -- and I was just searching for Lee County where they do have a time, so I was just -- COMMISSIONER HENNING: I will cite you the -- you want me to cite you the Florida statute? COMMISSIONER FIALA: No, that's all right. COMMISSIONER HENNING: Okay. And the last thing -- CHAIRMAN COYLE: If you don't mind, I'd like it. COMMISSIONER HENNING: Okay. Let's see. I put this in -- down on a piece of paper. Florida Statute 125.75, the county administrator's powers and duties, parens 1, C, provide the board or individual members thereot: upon request, with data or information concerning county government and to approve in advance recommendation of the county government operations to the board. So individual members has the right to ask questions about county government. And, you know, it doesn't say that you have to do it within an hour. It doesn't say that at all. It might take less than an hour; it might take more than an hour. But I think we were elected to address -- we were elected to represent the people, and if it takes -- whatever time it takes is whatever time it takes. But looking at this -- and one person did comment to me that -- I don't know how they got it last night -- that this appears to be an attack on Commissioner Hiller of her questioning. And in my opinion, if we start addressing these by making law, there will be ramifications by doing this. That's my only personal opinion and opinion of somebody Page 141 ~8A April 12-13, 2011 I talked to last night, so -- CHAIRMAN COYLE: Commissioner-- COMMISSIONER HENNING: Go ahead. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you. CHAIRMAN COYLE: Yes, ma'am. COMMISSIONER FIALA: First of all, it's been mentioned here first that the meetings were too long and then there wasn't enough time, then people didn't have enough time to question or they should get their advance work done. I, for one person, feel that I would not want to drag everybody's time on and on and on if I can get my questions answered beforehand, and then I can bring out any concerns I have. Once I've done all of my homework, once I've done all of my research, you know, that to me is very important. One of the things that we've found, especially if -- and I'm sorry to just put the finger on you for a minute, but I just have to do this. One day you went on for about 45 minutes, and somebody told me, they said, after the first ten minutes, I didn't hear anything else because it went on for so long. And that is true. I didn't mean to example you, but that is what happens. COMMISSIONER IllLLER: Did I speak for 45 minutes? COMMISSIONER FIALA: Yeah, oh, yeah. CHAIRMAN COYLE: Yes. COMMISSIONER IDLLER: Or was I asking questions? COMMISSIONER FIALA: You know what, after a while we lost but-- , CHAIRMAN COYLE: Commissioner Hiller, don't interrogate her. Let her speak, please. That's one of the problems we have. COMMISSIONER FIALA: When you go on too long -- when you go on too long, actually, you lose the interest of the audience. I don't care whether you're at a speech -- that's why whenever you go out to give a speech to a group, you try and keep it to 20 minutes. Page 142 _8 A April 12-13, 2011 You don't want to say anything any more than that, because you lose them. That was one thing I wanted to say. I personally believe in preparing in advance because -- for the sake of efficiency. That's my own personal belief I think that that's important. I think that we were talking about decorum and, you know -- and also civility. One of the things that we need to be -- that we need to keep upmost in our mind, in my opinion -- in my opinion, is respect. We should always treat each other with respect. We should never be sarcastic to one another, and we should never be name calling. We should never make accusations and __ because that's not only unkind, but that isn't even productive. All it does is incite people. And what's happened to the people in our audience right now is, they've gotten very disgusted with us, very disgusted with the demeanor that we have reduced ourselves to, and that's pretty sad. We don't need sarcasm; we don't need demeaning remarks. I think we can conduct business in an upright and honest fashion and treating each other with respect and with civility and be considerate of each other at all times. These, to me, are things that we should be considering all the time. We should never try and play gotcha. We should never try and hang somebody out to dry. I mean, that isn't -- what do you accomplish by that? Maybe you can beat your own chest, "Look what I've done," but it really hasn't been productive, and it really doesn't help anything. So as we talk about civility and decorum, I think that, in my opinion, that's something that we should most certainly do. And I try and treat each one of you with respect always. I don't ever want to treat anybody in any other way, and same with our staff. Our staff members deserve that, deserve respect and consideration. And so that's my speech for this moment. Page 143 . ail A' .~~)l .~. _~ L:! April 12-13, 2011 CHAIRMAN COYLE: Okay. Do I get a chance? COMMISSIONER COLETTA: Yes, you do, sir. COMMISSIONER FIALA: You sure do. CHAIRMAN COYLE: I think we do need -- I think we do need some changes to the way we conduct the business here. One of the overriding issues is that we should, of course, do it in a way that is transparent and in a way that communicates as much information as we possibly can to the public, and that certainly hasn't occurred in a number of cases. So what I would suggest -- and I don't believe this would, in any way, limit the commissioners in their ability to perform their jobs. I think it would substantially enhance it, and it would enhance the efficient, expeditious accomplishment of our service to the public. And Commissioner Coletta's comments on some of these, most of these, are right on target, and to bundle them all together and say that nothing should be on this agenda without adequate backup for the public, the staf:f, and the other commissioners to review in advance-- when these -- the agenda goes to print on Wednesday afternoon, it should contain all available information associated with any topic that any commissioner wants to put on the agenda. That gives the other commissioners an opportunity to read the backup material, become informed, and be prepared to reach a resolution and make a decision when it comes up for debate. It permits the staff to prepare and provide commissioners with appropriate information and staff recommendations if they're asked. It serves no purpose to come into this chamber and throw a bunch of stuff at the staff or at other commissioners when they're not forewarned, they're not prepared to respond. No decisions can be made, so it just lingers there and we have to have another meeting to resolve the issue. That is highly inefficient, and it serves no purpose whatsoever. So I would like to ask for the board to make it very, very clear Page 144 _SA April 12-13, 2011 that when we put something on the agenda, and when the staff puts something on the agenda, all available information should be available as backup in the agenda, and we shouldn't be hit with information at the very last minute before we have a chance -- when we don't have sufficient chance to consider it. Our job, after all, is to fully evaluate each of those issues in public, in a public hearing, and let the public know what decision we're making and why, and we can't do that when we have these ambush kinds of presentations. So -- and that pretty much would cover probably three of the items; it would solve three of the issues that Commissioner Coletta has suggested in his memo. And I would strongly recommend that we adopt those changes, if necessary, by ordinance to make sure that these agenda packets are properly assembled and information provided to the public and everyone else. Yes, Commissioner Coletta. COMMISSIONER COLETTA: Yes, sir. I'd like to second your motion. CHAIRMAN COYLE: I went out of order. I should have called Commissioner Henning. COMMISSIONER COLETTA: Oh, forgive me. Call Commissioner Henning. CHAIRMAN COYLE: Commissioner Henning. COMMISSIONER HENNING: So to summarize what you're saying is when a commissioner brings something on the agenda, bring information to read? CHAIRMAN COYLE: Backup information. COMMISSIONER HENNING: Backup information. CHAIRMAN COYLE: Yep. COMMISSIONER HENNING: Similar to the census information? CHAIRMAN COYLE: I don't know. Page 145 ."~' ('j A April 12-13, 2011 COMMISSIONER HENNING: No, the item that I had about the census bureau and the count in the county? CHAIRMAN COYLE: Yeah, that was fine. COMMISSIONER HENNING: That's an example of it. CHAIRMAN COYLE: Yeah. That was an example, a good examine, of what we should do. COMMISSIONER HENNING: But there was more information. I just -- it just kept on coming. To our best ability, to have all that backup information ahead of time so we have a -- an idea what the item is about and a clear direction where we're going to go. CHAIRMAN COYLE: Not just we, but the public, because it -- those agendas are available to the public. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: And we need to communicate that information to everybody as early as we can, and Wednesday evening is sort of the cut-off: because that's when we start making copies of all this stuff. COMMISSIONER HENNING: And my last question. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Mr. Klatzkow, do you think that's appropriate to put that amendment into the meeting ordinance? MR. KLATZKOW: You can do that. It's all board policy. You can do that by ordinance; you can do that by resolution. It probably fits best in the ordinance itself. COMMISSIONER HENNING: Okay. MR. KLATZKOW: But-- COMMISSIONER HENNING: Well, I'll make that motion that we amend the ordinance for items on agenda, have as much backup material as possible in a clear executive summary, not only for the board, but the public and the staff. CHAIRMAN COYLE: Executive summary and backup Page 146 1i8 A April 12-13, 2011 information if backup information is available and appropriate. I mean, it's not -- it would not be adequate to just write an executive summary in a very, very vague and abbreviated manner so that people don't know what you're talking about. People should be -- come here to this meeting prepared to debate the issue. They shouldn't come here and have things sprung on the public and the board and then take another meeting to have an appropriate response prepared. We need to make sure that staff is prepared to answer our questions, and they can't be prepared to ask (sic) our questions if they don't know what the questions are. COMMISSIONER HENNING: Okay. And I think we're saying the same thing. MR. KLATZKOW: Yeah. I think I understand. I just -- sometimes these things happen in a very quick manner, and like I was dealing with Commissioner Henning and these things were going back and forth, so not everything did hit the agenda. Do you want to give yourselves the discretion to just -- if something pops up, just to waive it with three votes so you can hear it? CHAIRMAN COYLE: Yes, we should always have the ability; if something comes up that is of sufficient importance and we don't think that we are depriving the public or the staff of important information, then we should have the ability to put it on the agenda. But too often it has become sort of a practice to come in here and ambush somebody. So that's -- I think that sort of thing would solve a lot of the problems we have with respect to conflicts. Now, I would be remiss if I didn't bring up one other item which is clearly going to be a bit contentious, because it happened just a few moments ago. COMMISSIONER HENNING: We don't have a second to the motion. CHAIRMAN COYLE: We do. Yes, we do. Page 147 _BA April 12-13, 2011 COMMISSIONER COLETTA: I was waiting for an opportunity. Go ahead, sir. CHAIRMAN COYLE: Oh, that's right. I'm talking too much. Go ahead. Let's get that motion-- COMMISSIONER COLETTA: You're doing a fine motion. And, Commissioner Henning, you're on the right direction, exactly what I'm thinking. And you are too. You've got to have the ability to be able to accept new evidence as it comes forward where everybody says, okay, under these circumstances, we realize this is important, and because of the fact it's late for this reason, by all means, let's enter that into the discussion. But rather than all these handouts coming at the last minute -- there's no way on God's earth you can read four or five pages while you have the person in front of you. Meanwhile, you've got the documentation in front of you so they can always claim later, well, they had the documentation. They didn't read it. It's not my fault. They did have it in their possession. So we have to be very careful at all times to make sure when we do receive something, we understand what we're receiving, and that gives us the ability to be able to accept something or deny it. If anybody walks in here and you know they could have been better prepared and they drop something on the dais going up and down that's a hundred pages deep, we can refuse to accept it or continue the meeting till -- that part until another future meeting we have time to absorb everything. Just a better way of doing business. If you take this into consideration in your motion, then I'm there with you, and I'll give you a second. COMMISSIONER HENNING: I mean, that was already -- that was already said. But we have stuff given to us by the public and staff all the time. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: And if you start boxing yourself Page 148 ..b A April 12-13, 2011 into a comer, it's -- it's going to be contentious. But I hear you. I don't like those things either. Some of the things that you -- we just need to accept, that we're going to get stuff ahead of time. CHAIRMAN COYLE: Yeah, I think -- yeah, you're right. I think we can make common-sense interpretations of that. COMMISSIONER COLETTA: You got it. CHAIRMAN COYLE: If something -- if staffs comes up with something last-minute, you know, okay we accept it. We don't need to chastise them about it, but we don't want people intentionally withholding information. We want it to be available in this book which is available for public review. And if you want to vote on that now -- COMMISSIONER COLETTA: Well, just one thing. Of course, the county attorney is going to go back and refer to the ordinances to find something that already has worked someplace, I'm sure of that, and we'll be able to view it again -- CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: -- to be able to come to some logical decision. Do you have enough information on this one particular item? MR. KLATZKOW: Yes, I understand this one. I think I understand the direction. Of course, we're not going to advertise the ordinance. We're going to come back to you for your review of it, and then it will be modified, then we'll advertise. COMMISSIONER COLETTA: And you've got a motion and a second. CHAIRMAN COYLE: Okay. Then all in favor of the motion. COMMISSIONER FIALA: Well, just a minute. CHAIRMAN COYLE: Oh, I'm sorry. COMMISSIONER FIALA: You were going to say something else. CHAIRMAN COYLE: I was, but I didn't want to interfere with Page 149 .SA April 12-13, 2011 this motion. If we can get this motion passed, then we can go on to another motion. COMMISSIONER FIALA: Oh, okay. CHAlRMAN COYLE: If you'd like -- which might fail. Okay. So all in favor of this motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Now, I was going to go on and say two other things. One is, I'm not here, and I don't think the others are here, to try to demonstrate how smart we think we are. I -- I go to great pains to get my questions to the staff by email before this meeting certainly no later than Sunday night and -- so that I don't have to take up the time of this board to answer questions that I can get answered. And I would -- I can't see putting this in an ordinance, but I would just make the request of the board members to please do that. It bogs things down when we spend a lot of time asking the staff questions about something that we could have gotten answered before we ever came into this meeting. And for that reason, you know, I don't even mention those things. If the staff has answered my question adequately, the issue never comes up again for me. It's done. It's solved. I know what it is. Now, the other thing that I was going to bring up was that a comment was just made that we have used the consent agenda for the purpose of avoiding debate on things of great importance. Now, that might be an opinion of someone, but we can't let that statement stand Page 150 _8A April 12-13, 2011 as fact because it is -- fact is untrue. We go to great lengths to make sure that we give as much public information as we possibly can. And the evidence of success of that is demonstrated by the fact that we seldom have anyone in the public who wants to talk about something that is on the consent agenda. It is very rare that anybody has a concern with anything on the consent agenda. Even the commissioners commonly will only pull from the consent agenda one or two or three items, and I think we should continue to let the commissioners do that. But there is no -- no attempt to slip things throug~ in the consent agenda because we want to conceal it. That simply isn't true. And if we took time to debate everything that was in the consent agenda, we would have to plan these meetings for four or five days in length, and I doubt seriously if there'd be anyone out there who would want to sit through that and listen to it. We try to do things efficiently, and I think we've been very, very successful at doing that in the past. But we must find a way -- without getting really contentious, we must find a way of confronting these kinds of remarks and accusations and correcting them so that the public doesn't think that that's the way we do business. And that has been a problem now for six months, and I hope that it will go away, but it may not. And if it doesn't, I think we're going to have to consider some of the other suggestions that Commissioner Coletta has recommended. So I would be very much in support of that. And -- but at the present time, I think I've gone as far as I want to go. But I think we should take a good look at your recommendations concerning willful material, false, fictitious, and fraudulent statements. That's something I think we might want to keep in mind as we go forward. So -- nevertheless, now we've got a whole board lit up. They want to talk. So, Commissioner Fiala, you get to go first. COMMISSIONER FIALA: Okay. Thank you, because I wanted Page 151 ~A :... Ii-!! I<<J ~O April 12-13, 2011 to follow you. You'd mentioned about emailing your questions and so forth, and I think that that's very important, because by emailing our questions to staff members in advance, everything becomes a matter of public record. So no matter what questions anybody has afterwards, they can ask for public-records request, and it's all right there. It's not done in private or anything. It's all in writing, and anybody can obtain them, as long as you use your county computer, of course, and -- which is something I always do. And so I think that that was something great to say, as well as the consent agenda. Heck, our meetings are lasting so long now as it is. If we -- if we didn't have our consent agenda to absorb some of these things that are minuscule, you know, code-enforcement cases and satisfaction of liens and, you know, and so forth, my goodness, we would go on forever and ever, and that was the reason for the consent agenda in the fITst place. Now, I don't know about anybody else here, but I read the whole consent agenda. I always know what's going on there. Not only that, we get it in advance, because they start preparing this thing well before it goes to the printer. So if anybody -- and we can all find it right in our iPads, what's being planned for the agenda and so forth. If we don't like something, we can always ask the county manager about it. If we still don't like it, we can still say, pull it, put it on the regular agenda, before it's even gone to print or anything. So those are ways that we can deal with it and still try and improve the efficiency and timeliness of our meetings. Thank you. CHAIRMAN COYLE: Commissioner Coletta? ---. COMMISSIONER COLETTA: Yes. I do believe we probably accomplished a lot today, just having the discussion, an open discussion. One of the things, though, like pulling an item from the consent agenda, when the staff pulls it, they usually give some sort of remark Page 152 ~.i8 A April 12-13, 2011 why it was pulled and some consideration of it. Wouldn't it serve us well if an item's going to be pulled from the consent agenda, that we would get some prior notice from the commissioners just for-your-information one-way communication? I'm pulling this item because I have concerns over dadada, dadada, and staff was unable to answer those questions. And then, fine, now we come into the meeting. We know what we're supposed to be looking for and what we're supposed to be able to deal with, and so does the public. The public's not sitting out there saying, okay, I wonder why this item was pulled. What part of it did they object to? I might object to the same thing, and they might not be able to sit here through the whole meeting to wait to hear about it. But if we could have that ahead of time, and then we'll know everybody did due diligence, that you have contacted staff and it wasn't a simple yes-or-no answer or how many widgets were in this place or that. We've got something to be able to work with, and we can all go forward totally prepared. And let's forget at this point in time of trying to remove items that people pull from the consent agenda and put it back, and let's just come up with an understanding rather than even putting an ordinance together, that from here on forward, if we're going to pull something from the consent agenda, we'll state the reason why, hopefully in an email well in advance so staff can be prepared or, like Commissioner Henning said, information coming in at the very last moment and you want to pull it up here on the dais, and when you pull it at that time saying, this is the reason why. I got a constituent and they stated these particular facts are a great concern to them, and I'm pulling it for that reason. Okay. We're all fine with the world. We can go forward. We Imow what we're dealing with. Can we agree to that? CHAIRMAN COYLE: Yeah. Does anybody have -- COMMISSIONER FIALA: Yeah-- COMMISSIONER COLETTA: -- without making a motion and Page 153 ~;~8 A April 12-13, 2011 second? CHAIRMAN COYLE: Anybody have objection to doing that just as a practice? CO:MMISSIONER HENNING: Yeah. CO:MMISSIONER FIALA: No, I think that's a good idea. CHAIRMAN COYLE: You have objection to it. CO:MMISSIONER HENNING: Sure, yeah. COMMISSIONER FIALA: Sure, you have an objection to it? CHAIRMAN COYLE: You don't have to give -- you don't want to give a reason as to why it's being pulled? CO:MMISSIONER HENNING: No, because the statements here were not factual, and let me tell you why. I had a concern on pub- -- the summary agenda on public utilities, and all of a sudden staffpulled that item. Now, it wasn't explained to anybody why it was being pulled and continued. Nobody knew that. The-- CHAIRMAN COYLE: Wouldn't you like to have that explanation, though, from staff? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Why? CO:MMISSIONER FIALA: Why? COMMISSIONER HENNING: I mean, it's coming back. Why would you want to -- you're going to be hearing an item when we're going to vote on the item. Why would you want to discuss it twice on the agenda? A lot of times things can be addressed real quick during the discussion of that item, but now you want to talk about it twice. The second thing is -- the second thing is, and more important, about the consent agenda. I know for a fact -- and this has been verified by our staffs in the County Commissioners' office, when certain commissioners have a concern about an issue, other commissioners know that concern in advance and discussed in private meetings. That doesn't allow transparency. Those items of concern Page 154 ~~ ~.v !.m.,.. . \LV !}J April 12-13, 2011 should be brought up in the public and discussed in the public. And let me tell you one last thing. I have asked questions of staf:f, and those questions or concerns got back to land-use attorneys. Now, I was talking to that staff member, not a land-use attorney. So I'm going to govern myself accordingly so we can get, you know, the truth, and don't try to stifle a conversation to get a consensus what we should be doing for the public. CHAIRMAN COYLE: Okay. Let me try to clarify something. There might be a misunderstanding. At least my thought was that on this agenda change sheet that when somebody wants to pull something from the consent agenda and place it on the regular agenda, that they would mention why here, not privately or anything else, but here, and we get that when we come in here. So we're not going to debate it at -- twice. We're just going to see it and treat it just the way we did today when we said -- it says that -- Commissioner Henning's request, and three things were actually continued, and other things were moved from the consent agenda. If someone said, Commissioner Henning's request because of concerns about the cost or the method of procurement or something like that, that would be helpful to us all. But you find that objectionable? COMMISSIONER HENNING: That isn't what was stated just a few minutes ago. And I appreciate you using me as an example, but the example that I brought that was on the consent agenda was continued by staff. Are you saying staff is to -- CHAIRMAN COYLE: Absolutely-- COMMISSIONER COLETTA: Yeah, absolutely. COMMISSIONER HENNING: -- to do that? CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: Exactly. CHAIRMAN COYLE: I'd like to know why staff continues things. I'd like to know whether it's because of an advertising Page 155 ~8A April 12-13, 2011 problem, whether it's because sufficient information or incorrect information was provided or, in one case that I think I'm familiar with, it was because something wasn't completely staffed and they figured, hey, maybe this isn't the time we ought to be debating this. We ought to finish staffing it properly. So that would be helpful to all of us, I think, to know those kinds of things. COMMISSIONER FIALA: Especially the public. Public has a right to know. And not only that -- COMMISSIONER HENNING: The public's not going to see the changes. COMMISSIONER FIALA: -- for transparency. COMMISSIONER HENNING: The public doesn't see -- CHAIRMAN COYLE: But we read them, and people know why they were pulled or why it was changed. COMMISSIONER HENNING: And my last thing, we're getting off the topic on the agenda, you realize that? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: And we -- have we really addressed civility and decorum? COMMISSIONER FIALA: Well, I did. COMMISSIONER HENNING: Yes, you did. Thank you. CHAIRMAN COYLE: Yes, you did. And I think the changes that we have agreed to have improved the chances of that. COMMISSIONER HENNING: And while we're off the topic, do you think it's getting warm in here? COMMISSIONER FIALA: Feel my hands. I'm icy cold. CHAIRMAN COYLE: I'm comfortable. You're just having a hot flash. COMMISSIONER COLETTA: Yeah. Drink some water. Yeah. Can we come to an agreement to what to do on this one last issue? The rest of these can sit until some point in the future. Page 156 , 8A April 12-13, 2011 CHAIRMAN COYLE: The one last one was the one we were just talking about? COMMISSIONER COLETTA: Right, right. We haven't come to any agreement. We didn't put it in the form of a motion because we were trying to get a consensus across the board just to do it. CHAIRMAN COYLE: Well, let me just ask the question. Would the commissioners find it objectionable if we included on our agenda change sheet the reason that things were either pulled from the consent agenda, or summary agenda, or withdrawn or continued? It would just be a brief statement as to why it was done. COMMISSIONER COLETTA: I don't have no objection. CHAIRMAN COYLE: Does anybody have an objection? COMMISSIONER FIALA: I have no problem with that. I think it's a great idea. CHAIRMAN COYLE: Commissioner Henning has a -- obviously has a problem. COMMISSIONER HENNING: No. I didn't say anything. CHAIRMAN COYLE: Okay. Are there any objections to this? Okay. COMMISSIONER IllLLER: I'm concerned about the extent to which -- I mean, from a staffs perspective, I don't see a problem, but I'm just concerned about commissioners in some way communicating their vote ahead of the issue being presented in the public forum in these communications, and I'm not sure if that will lead to that. So I've got a concern about that. CHAIRMAN COYLE: Well, I don't think it's commission- __ commissioners aren't necessarily communicating a concern any more so than they are by pulling in the first place. When it's pulled, you know the commissioner's got a problem with it. COMMISSIONER HILLER: But you're asking for the reason why. CHAIRMAN COYLE: Yeah, that's right. Page 157 ~8A ,. :~ '- April 12-13, 2011 COMMISSIONER HILLER: And there you're, you know -- I don't know. I think there's a potential problem. Staffs reason for doing something, I don't see any problem with that, but the commissioners revealing their positions ahead of the public debate in a public vote appears leading. COMMISSIONER COLETTA: We could -- I'm sorry. I didn't mean to jump in front of you if you weren't done. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay. Jeff, this would be a one-way communication, wouldn't it? So it wouldn't be any kind of problem to do it, would it? MR. KLATZKOW: Well, I mean, Commissioner Hiller raises an issue. I don't know from -- I would not suggest you put this in an ordinance or resolution. CHAIRMAN COYLE: Yeah. MR. KLATZKOW: I would see if -- you see if it works. Commissioner Hiller may be right. You don't want to inadvertently communicate a vote here. We're not going to know until we live with this for a while whether that's an issue or not. From staffperspective, I think it's a great idea to give the reason why something's been continued. CHAIRMAN COYLE: If the staff -- yeah, okay, okay. Let's try it for a while and see what happens. COMMISSIONER COLETTA: Try it in which way? CHAIRMAN COYLE: Try it -- let the staff give reasons for each of the things that have been pulled by the staff. COMMISSIONER COLETTA: And then-- CHAIRMAN COYLE: And leave the others alone for a while. COMMISSIONER COLETTA: And then can we -- can we direct the county attorney to come back with a little more detailed opinion in maybe a month or so? MR. KLATZKOW: Well, what I'm hearing is, at this point in Page 158 .8A April 12-13, 2011 time you want to limit it to staff. So if we continue it, we'll give you the reason? COMMISSIONER COLETTA: Yeah, but that's kind of empty, you know, I mean, because we're looking for everybody's reasons. That's where we're falling short on this. I'm willing to do it as a voluntary type of thing. I do think we can handle just saying, whatever information it is, a brief little thing, send it to your office first, and you make that decision. I don't know. But I do want to be able to know what I'm dealing with when I walk in this room. MR. KLATZKOW: I mean, it could be as simple as, the concern was raised as to the financial impact. COMMISSIONER COLETTA: That's fine. MR. KLATZKOW: Simple as that. COMMISSIONER COLETTA: At least that's something. Then I would concentrate on the financial-impact part of the whole thing if I wanted to do my own discovery. COMMISSIONER FIALA: And let's face it. If -- say, for instance, you pulled something off the consent to put it on and a reporter called and said, you know, I saw you pulled it off and you give him an answer, then everybody knows it anyway. It doesn't make any difference Commissioner What or you're interviewed on a TV program or you're interviewed on a radio program or you're giving a speech. I mean, everybody knows what it is. You're not talking to one another, but they all know what you just said. So, you know, those things -- it's really no different. I think what we're all trying to do is say, we want complete transparency and we want -- COMMISSIONER COLETTA: Amen. COMMISSIONER FIALA: -- the public to know what's going on. We want the public to have a right to know what we're doing, what we're thinking, and how we're going into the meeting. It's all about being open in open government. Page 159 w8A April 12-13, 2011 Thank you. CHAIRMAN COYLE: Okay. All right. Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRMAN COYLE: Did you have anything else? Commissioner Hiller, did you have anything else? COMMISSIONER HILLER: Yeah. I'd like to make a motion. I'd like to make a motion that the ordinance be amended to include a definition of what constitutes a consent-agenda item, and I think we can look to guidance to Robert's Rules of Order for that, but basically it should be those items that do not need discussion or debate because they are either routine procedures or already have unanimous consent. Specifically, the items which are routine and procedural and also decisions that are likely to be noncontroversial. It would include examples like the approval of the minutes, which we now spend time approving by open vote; final approval of proposals of reports that the board has been dealing with and are -- are really more informational in nature rather than reports that will lead to specific action; routine matters such as appointments to committees, staff appointments, requiring board confirmation unless there's some, you know, public debate required with respect to that; correspondence requiring no action; grant applications for a threshold amount that's de minimis, like, for example, under a hundred thousand; expenditures which are under a certain threshold, for example, $25,000 or 50,000, whatever would seem reasonable; routine renewals of contracts, such as leases, things of that nature. And, of course, we can, you know, have the county attorney propose something and bring it back. MR. KLA TZKOW: There's a board resolution that created the consent. COMMISSIONER HILLER: I'm sorry? Well, then, you know what, I'd like to -- if there's already -- Page 160 Apri112-13, 2018 A MR. KLATZKOW: I'll forward that to you. COMMISSIONER HILLER: I'd like to see it because I -- MR. KLATZKOW: It needs work. It's very old. COMMISSIONER IDLLER: So maybe that's what we need to do. Thank you for mentioning that. If we could bring that back, maybe send a copy to all the commissioners, get their input, and then I think what we need to do is redefine what is on the consent agenda. And I'm just giving you a few examples. CHAIRMAN COYLE: Okay. Commissioner Henning, did you -- you raised your hand because you wanted to be excused or because you wanted to speak? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I'd like to -- well, then I'll just wait and I'll bring this up at the next meeting, because I would like to see the -- CHAIRMAN COYLE: We need to take a break. We're way overdue here. COMMISSIONER COLETTA: Yeah, just one quick suggestion here. Commissioner Hiller, could you put it in some sort of dialogue for us to read beforehand? COMMISSIONER HILLER: Well, Jeff is going to do that. MR. KLATZKOW: I'm going to send you each a copy of the resolution, and if any of you want to bring it back at a future date, you know, we can bring it up as a regular agenda item that way. COMMISSIONER HILLER: I would like to. I'd also like to bring up as an agenda item in the future the release of the actual agenda itself to the public. I think it needs to be moved up ahead. I think the public deserves a full week to review the agenda and the backup. CHAIRMAN COYLE: How are you going to do that, Buddy? Page 161 -..8 A Apri112-13,2011 COMMISSIONER FIALA: We're never going to be able to do that. COMMISSIONER HILLER: They do it in other jurisdictions. I understand -- I think Miami does it. CHAIRMAN COYLE: Yeah. Other jurisdictions don't do nearly as good a job as we do of getting these things documented. COMMISSIONER HILLER: Well, if we -- CHAIRMAN COYLE: But we're taking a break because we're 30 minutes overdue. MR. MITCHELL: Mr. Chairman, could I just make a quick comment about that? Because that week I had to let Commissioner Hiller down because there was an item she wanted on the agenda. We were running late and we had technical problems. And in the end, the item didn't hit the agenda. For the commissioners, I would ask, until you resolve when the agenda's going out, that the agenda closes at 12 noon on the Wednesday before the board meeting. CHAIRMAN COYLE: Okay. MR. MITCHELL: And it's only if it's an emergency that it would go on after 12 noon on the Wednesday, and that would help with -- for Commissioner Hiller because, as I said, we didn't have time to resolve it for her. CHAIRMAN COYLE: Okay. :rvrn.. MITCHELL: Thank you. CHAIRMAN COYLE: We're taking a break now for you, Terri. Enjoy it. MR. OCHS: How long, sir? CHAIRMAN COYLE: Ten minutes. (A brief recess was had.) MR.OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and -- do we have a live mike? Ladies and gentlemen, I -- before we continue with the agenda, Page 162 aw8 A April 12-13, 2011 it's important that you witness something that you probably will seldom witness in the future, a person reaching such an advanced age. Someone here is having a birthday today or soon -- two people are having birthdays here, Commissioner Fiala and Ian Mitchell. And so we're going to sing Happy Birthday to both of them. (Happy Birthday was recited in unison.) (Applause.) COMMISSIONER FIALA: Okay. Where do we go, County Manager? Item #9H COMMISSIONER HENNING'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE CHABAD OF NAPLES ANNUAL BENEFIT EVENING & GALA ON APRIL 10, 20 11 AT THE RITZ-CARLTON HOTEL IN NAPLES, FL. $150 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - MOTION TO APPROVE COMMISSIONER HENNING'S EXPENDITURE - APPROVE; COUNTY ATTORNEY TO DEVELOP A POLICY FOR REHvtBURSEMENTS AND TO LIMIT IT TO FOOD AND BEVERAGE ONL Y MR. OCHS: Sir, we're on Item 9H, which was previously Item 16H4, regarding a reimbursement for travel expense. This one was moved at Commissioner Henning's request. CHAIRMAN COYLE: Okay. Commissioner Henning. COMMISSIONER HENNING: Yes, thank you. I'm really confused by conversations I had with County Attorney -- I believe it's County Attorney's Office and Ian Mitchell. I received an invitation to attend the event held by Naples Sabot. Page 163 ~ ~ E cu ..., t--I fa -c c cu D' cC ~ ~ ~ <C w .... U t- Z M ~ ft. LU tn c( W .... a.. ~ r\ ~-: o , '--- :^::,- \0 \/) +" (U C'l "C ::s ~ Q. o .c In .:.= a.. o ~ - ra '0 (U Q. 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LL. o t: w ...I W ...I = j! w ::c .... z o :t: a: o LL. C W .... W ...I a. :E: o u w u ::5 -- .. Agenda Item #: ~ Meeting Date: SIt 0 Presented by: Cvr.\(\-tit') '5 to ,.)I::.(L HLLLEf<. ---- ----- ,-~--- , ~- COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 49 - ECONOMIC DEVELOPMENT IOD ARTICLE III, JOB CREATION INVESTMENT PROGRAM Sec, 49-30. Applicability, This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1 (f) of the Florida Constitution as may be implemented by an intergovernmental or interloGaI agreement. Sec,49-31, Purpose, The purposes of this article are to: (1) provide a performance-based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (2) provide for the economic well being of Collier County residents by providing high-wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the county's tax base. Sec. 49-32, Specific definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: (1) ''Average wage" is the annual rate paid to private-sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. (2) "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. (3) "High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. " laD (3.1) "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. (4) "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi-jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. 99 290.001-290.016, pursuant to F.S. 99290.001--290.016. (5) "Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and businesses locating or expanding within the Rural Federal Enterprise Community. Sec, 49-33. Job creation investment program, (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a job creation investment program for the payment of costs associated with the relocation and/or expansion of targeted projects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and/or existing facility improvements. These projects may include commercial, industrial, and technology park land uses. (b) Application process. Any person seeking eligibility and payment through the job creation investment program will file with the county manager an application for payment prior to making the decision to locate or expand within Collier County. The application must contain the following: (1) The name and address of the business owner; and (2) A current and complete legal description of the site upon which the project is proposed to be located; and (3) The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and (4) The number of full-time jobs to be created and, if applicable, retained as a result of the project; and (5) The average wage of those jobs created and retained; and (6) The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and " IOD (7) The date (month and year) when the new jobs will be in place. If the proposed project meets the requirements for payment under the job creation investment program as set forth in this article, the county manager is authorized to enter into an agreement with the business owner. After the specified new jobs are in place within the predetermined time frame, the company will complete and submit to the county manager a request for funds, along with documentation that the stated jobs are in place. At the beginning of each county fiscal year, following the date the newly created jobs are in place and verified by the county manager, general revenue funds will be set aside under the job creation investment program. Sec, 49-34, Implementation, (a) Under this job creation investment program, the eligible company located within Eastern Collier County may be awarded $2,000.00 per new full-time job created, with a minimum of ten new full-time jobs to be created; or the eligible company may be awarded $3,000.00 per full- time job created if the project is located within the enterprise community, with a minimum of five new jobs created; or, as approved by the sole discretion of the board, a company may be awarded $2,000.00 per job created within a high impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this job creation investment program, the company will be eligible for only $1,000.00 per new job created regardless of its location within Collier County. The funds will be paid, based on the number of new full-time jobs created, in equal amounts over a three- year time period. (b) The eligible business under the job creation investment program will enter into a job creation investment program agreement (the agreement) with the county, and the agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the development. (2) Neither the payment of funds, nor the agreement providing for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the county. (3) In the event the non-county party is in default under the Agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. (4) The agreement must be recorded in the official records of Collier County at no cost to the county. '. IOu (d) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a r of the board of county commission prior to this date. S?GltA~~ sec~"' 9-35, Program eligibility criteria, To be considered eligible for ap~r al under this program, a business or project must meet the . l=ia.of one of the follawiA categories: (1) Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new full-time jobs; and c. The newly created jobs pay an average wage of at least 115 percent of the county's current private-sector average wage. (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Creates a minimum of five new full-time jobs; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private-sector average wage. (3) Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of 20 new full-time jobs; and c. The newly created jobs pay an average wage equal to or greater than 150 percent of the county's current private-sector average wage. d. Each application for program participation must have approval by the board of county commissioners. \N~ "'J ft\ V t:Y7A ~ ~ \ Tl\:P t .... , @ 10 D S\222a . ~1P, ~~ ~"P ~~\~,.:. ~ ~ ~~~~"s ~ ORDINANCENO.2009-~ :t ..- ~Tr rg. ~ ,*~', 7. ' RnINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ~' . :t"'~;.;~.:', C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL ~O~' ":;~.~~'.. ~ ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE ,894:99"'- LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION JREQI!JIREMENJI;S AS FOUND IN SECTION JW.02.13.D OF THlE LAND DEVELOPMENT iCODE;PROVIDING FOR -CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 'WHEREAS, the United states 'of America, the State :of Florida :and 'Collier 'County ,are presently experiencing an economic downturn not experienced in the last 30-40 years; and WHEREAS, mdiridual ,citizens land families ilivin:g in the United States.. Florida ;and Collier County are experiencing negative effects from this economic downturn; and WHEREAS, because 'of si:gniffic.ant !Fev;enue decreases cat the State ,and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, Collier (Jounty is 'currently experiencing a dramatic :and devastating decline in the residential and commercial development markets that adversely impact the entire local (economy; .and WHEREAS, Section lO.02.13.D of the Collier County Land Development Code provides for Planned Unit Development time limit :andtime limit lextension requirements. The local economic emergency has created a situation that is making it impractical, if not impossible, for developers {)f Planned Unit Developments to (complete their pIOjects within the time limits established prior to this period of local emergency. Collier County currently has a very large ll'UIl1ber :ofhomes that have been approved for development but have not been built and are not anticipated to be built during the period of the local economic emergency; and r: ,. t-. ',';"1 -... -......... WHEREAS, tolling iOffue Planned Unit Development time llimit:and time ~i,'e~t~oT1.:~.-~ , is necessary to relieve :conditions liesulnn,g from ilhe ~oca1'economic remergency; and F', .'-"'..': ."7.) , :0. 't ..-.,\ ...,l: r--'. ~ , ) , , Page I of3 10 D WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit Development time limit ;and time 1Iimit 'extension provisions mthout go~g tbrough the process of amending the Land Development Code as set forth in Sections lO.02.08.e and 10,02.09 of the ]Land Development Code_ NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF (COLLIER COl!lNfY~ fLORIDA~ that: SECTION ONE: Short Title and Recitals. This Ordinance shall be blown .as the (Collier Connty' Local Economic EmeI:gency Ordinance, and the above findings and recitals are hereby adopted by reference into this Ordinance. SECTION TWO: Declaration of Local Economic Emergency. The Collier Coun.ty Board 'of County Commissioners, (convened in r~gularsession, hereby declares and ordains that a local economic emergency exists within Collier County, FlOlida, requiring mnnediate measures ito addr:ess the (emergency hefoTie irreversible harm is d.one to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, :and in :acCOMance with, Section 125.66(2), Florida Statutes. SECTION THREE: Tolling orLand Development Code Section 10.02.13.D. Section I:CL02.113JD ,of the Ctdlier (County Lan.d Development Code provides for !Plmmed Unit Development time limit and time limit extension requirements, These time limit and time limit extension l1equiremel1tsare nelleby taMed to May 12, lOll for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12,2011, the Board ,of County Colllllrlssioners will determine if the dec1aration ,ofLocal Economic Emergency should be ended. Page:2 lof3 10 D SECTION FOUR: Conflict and Severability. fu fue te\1ieIlt tllls Ormnanc.e ,conlli.cts with :any ,other rOFdinance !of Collier County 'or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held lnvalid ,or mlConstitutiona11by any \Court (()jftcompetent,jmisdiction, such portion :shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: Inclusion in the Code of Laws and Ordinances. The provisions ,ofttbis Ordinance :sba11 become ;and be made ,a ]part ,of the Code of Laws and Ordinances ofOollier County, Florida. The sections of the Ordinance may be renumbered or reletter.ed 1:0 :accomplish such, :and :the word ~''Ordinance1' may be !changed to "'sectiori",",article", or any other appropriate word. ;SECl'[ON SlX~ Effective Uate. This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by :the BGaIid iof Connty iOommissioncrsofCollier County, Florida, this 1 J.-It\ day of Mat , 2009, ATTEST: DWIGHT E. BROCK, Cledc BOARD OF C01JN'fY COMMISSIONERS COIIJER COUNTY, FLORIDA ..~.~..~.~~.~... O.r___- , _ ~.__...~.~~ { . ,.~~ctClerk =f:. ". .: ..; tr.t.. I - ,', . 0111" ?~:~~, ,...~~,\~~><~~/.. Ap ~~b"edt~to form an Ie ffi. y: By: 4i.;"'.-.A' ~ &. DO A FIALA, Chairman '~~~'=;at':.~C;(~ ~'cIay of W.l1,~ 'lW1 and acknowledgemc t.. rllJLf fill rec:ei th. ~r I 9f " JJy. .....- P,age 3 ,of3 10 D STATE OF FLORIDA) COUNTY 'OF ,aaUTER)) I, DWIGHT E, BROCK, Clerk of Courts in and for the "Iwen.ti'eth .J'u:diciaJL lCircu:iitg OolJLi'er County" JF'Jl.torida, do hereby certify that the foregoing is a true and correct copy <OI: ORDINANCE 2009-22 Wh.idb. was ,ado;pt.red lby tbhe Board of iOollICilty (]ommissioners on the 12th day of May, 2009, during Regular Session, WT'.iI'iNESS ;my hand and the offici,a]. :seaJL of tbe Board of County Commissioners of Collier County, Florida, this 13th day ,of iMay" 2iOID:9. DWIGHT E, BROCK C].(erk 'OI Gourts <?!P:d' ':"'C'l<e.:r.;k ]Ex-,offi,cio to Board ;6f oJ':;, County Commis'siopers'.. "~'~ .~ . " , . . ...~". . - '~"""';""..'" . . '. _ \::..:. .... .: 'h " , ':;. '. ., :,,' Teresa PolasKl~ . 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W ~ % ..... w c( m ZWOC a: <C tn ZWO:: ~ ... C =>o:::~ <( w C :JO::~ <( Q. W C '.i:i 020 W c I- '.i:i 000 ~ ~ C Uwl-f ::) ~ t-C C u[bl-f ::) 0 .... z CII o::CC~ 0 .... z c:a:: CIJ o::CO~ 0 u ~ (I) W ,l-f >- ~ c (I) W ,I-t >- 0.. w CII l-f-l::E Q. Z w CIJ ~::1::E w w ~ I., -I-l:::E w ~ I., u ~ a. w a. -I<(::E :) w c:a:: ~ 5~o ~ w ~ c:a:: ~ ~ ~ O:r:O Z UUlU <C Z UUlU c.. Home Market Takes a Tumble - WSJ.com 15 ~if1 6:00 PM . "~.?, ~..~ REAL { EXCLU~ ESTATE WSJ.<"""hoU,""''''fi'', VJ5ITNOW ........ ~ ",' fS~,,"~UaIc Spr~~d\ THE WAlL STREtr .un ~:\M, Ii; I ii' fl" ImOi.' Dow Jones Reprints: This copy is for your personal. non-commercial use only. To order presentation-ready copies for distribution to your colleagues. clients or customers, use the Order Reprints tool at the bottom of any article or visit www.djreprints.com See a sample reprint in PDF formal Order a reprint of this article now ,..c. ,..",.,. ,""'" ....".....,...........,.,......'..'...n .....<.....-n.. "................ ....."._..,... .....-..<................."........................."................n.........,.,............,.,.....................,.."'........._............ ,.....,...<....... ,. _,... THE WALL millET JOURNAL. WSJ.C>Ofn .. """ '"'<_0''''''''' .,...... .... .......... .......,. -, .........,.,.... ..... -. ....n.."..",...........n........_................................._.._...',..................................... ,. ,...... ........................_.,...._...........................c...,.o",... REAL ESTATE I MAY 9, 2011 Home Market Takes a Tumble Turnaround More Distant After 3% Drop, Steepest Quarterly Decline Since 2008 By NICK TIMIRAOS And DAWN WOTAPKA The U.S. housing market's 1 Q 2011 decline was the steepest in three years. Additionally. a Zillow.com survey indicates nearly 30% of borrowers owe more than their homes are worth. WSJ's Nick Timiraos reports. (Photo by Scott Olson/Getty Images) Home values posted the largest decline in the first quarter since late 2008, prompting many economists to push back their estimates of when the housing market will hit a bottom. Agenda Item #: 15 Meeting Date: 5/' 0 Presented by: (1 Mr11l~Sl~/"aZ U l L.LId'L http://online.wsj.com/artide/SB100014240S2748704810504S76309S32810406782.html?mod=WSLhp_mostpop_read#printMode Page 1 of S Home Market Takes a Tumble - WSJ.com Hard Landing Change from a year earlier in median U.S. home values 1~~ 5 o -5 -10 -15 ., T T "r'r "I' 1 "rrT"!'"r''' 2001 '03 '05 '07 '09 '11 S/9/11 6:00 PM Home values tell 3% III the trrst quarter trom the preVIOUS quarter and 1.1% in March from the previous month, pushed down by an abundance of foreclosed homes on the market, according to data to be released Monday by real-estate website Zillow.com. Prices have now fallen for 57 consecutive months, according to Zillow. 15 Last year, the housing market showed signs of improving as price depreciation slowed in some markets and stabilized in others, In response, a number of economists began forecasting that housing would hit a bottom in late 2011, then begin to recover. But the improvements, spurred by federal programs that gave buyers up to $8,000 in tax credits, proved fleeting, Sales collapsed when the credits expired last summer, and prices in many markets have been falling ever since. While most economists expected sales to decline after tax credits expired, the drag on the market has been greater than many anticipated, "We expected December and January to be bad" as the market reeled from the after-effects of the tax credit, said Stan Humphries, Zillow's chief economist. But monthly declines for February and March were "really staggering," he said. They indicate "a reflection of the true underlying demand, which is now apparent because most of the tax credit is out of the system, and it's being completely overwhelmed by supply." SOUW:l: Zillow.(om Mr. Humphries now believes prices won't hit bottom before next year and expects they will fall by another 7% to 9%, Other economists revised their forecasts. In April, the chief economist at mortgage company Fannie Mae, Doug Duncan, said home prices in the second quarter would be 5.3% lower than the previous-year period, down from his earlier estimate of a 2.6% decline. Prices are decelerating in large part because the many foreclosed properties that often sell at a discount force other sellers to lower their prices. Mortgage companies Fannie Mae and Freddie Mac have sold more than 94,000 foreclosed homes during the first quarter, a new high that represented a 23% increase from the previous quarter. More could be on the way: They held another 218,000 properties at the end of March, a 33% increase from a year ago. - " " '.i~."> '. 4.: ..:.:-r;,.~'" ~', -:JIi!'.r;,.;"r' .... Associated Press An abundance of foreclosed homes on the market is pushing down home values. The estimates, which are based on data from the mid- 1990S on, come from a proprietary computer program that takes into account sale prices for nearby homes that appear comparable, the size and other physical attributes of the home, its sales history and tax- assessment data, Mr. Humphries says. The companies are bracing for more bad news: On Friday, Fannie reported a $6.5 billion net loss, largely as it boosted loan-loss reserves in anticipation of falling home prices, I._..._~__ ...._.___L.._ Paul Dales, a senior U.S. economist with Capital hnp:// online.wsj.com/ article/SBIOOO 1424052 7 48704810504576309532810406782.html?mod=WSLhp_mostpoPJead#printMode Page 2 of 5 Other home-price indexes also show weakness. The widely followed Case-Shiller index published by Standard & Poor's showed that prices climbed from April 2009 until last summer, when they started declining as tax credits expired, Today, prices are on the verge of reaching new lows, the index shows. The Case- Shiller index tracks repeat sales of previously owned homes using a three-month moving average. Home Market Takes a Tumble - WSJ.com MOUSing IrOUCle lfOO'll! ~'JIll<!s rotl',>!\;lll' Nw! dedlne1Jj fN ~ (on;{owtiri! 1I'1Clnt1iS.. lM~tcIKiIllfs~ hofro!YOlIUI!S ~ tM~~1Ii M:it(I~ bJm;nt-t 1.S', ~,"',c ,'1 _'~' .'-~" ',., ~.~ Co :'L'~ -17~ l~~IJf~,J .173 ....,I!J.,.,:..,\ -15.1 eL,:'> -B.8 ''''In,h:'~ l,,,..:I..d,}lo" .12.8 r",'l"-,j,(I(,c -121 lO -10.9 .82 05 o '~"',Jtt~. .O,S -117 -IU -11.0 ~'i1" '.< ~10 ~=-...:.,lIt1rt'!C'. C':'lf r Ji';i&:-l, fl] -15 , Ii' I ~J '04 '~ '0& 'N '~ '09 '10 INboNI-. ';"'...!',':--" 5/9/11 6:00 PM Economics, says prices could fall by as much as 10%,15 down from his previous forecasts of around 5%. A March survey of more than 100 economists by MacroMarkets LLC forecasts a 1.4% drop in prices this year, down from the December estimate of a 0.2% decline, According to the Zillow index, a handful of California markets and Washington, D,C" saw price appreciation last year, but that has since reversed. Mr. Humphries attributes the "double dip" in those markets, which include Los Angeles, San Francisco and San Diego, to the way in which the tax credit stimulated demand from buyers. When the tax credit went away, markets were left with rising supply from foreclosures but with less demand from buyers. Detroit, Chicago and Minneapolis posted the largest declines during the first quarter of the top 25 metro areas tracked by Zillow, while Pittsburgh, Dallas and Washington posted the smallest declines, To be sure, steep declines in home prices along with mortgage rates near their lowest levels in decades have helped make housing more affordable than at any time in the past 30 years, according to Zillow, Markets that have lower levels of foreclosures, such as Dallas, and those with better job-growth prospects, such as Washington, are faring better. However, credit standards remain tight, posing another challenge for the housing market. Just as many unqualified borrowers received loans during the boom, "there are people today who probably could afford loans but can't get them," says David Berson, chief economist at PM! Group rnc, The average credit score on loans backed by Fannie Mae stood at 762 in the first quarter, up from an average of 718 for the 2001-2004 period. Joe Sullivan, a real-estate agent in Stockton, Calif., is worried that more traditional buyers are seeing their loan applications canceled late in the process as lenders change qualification terms. If mortgage standards continue tightening, prices are "going to drop down to where only investors can get them, people with cash money," he said. Sales to absentee buyers, primarily investors, accounted for 47% of all Phoenix-area home sales in March, the highest level for any month in more than a decade, according to DataQuick, a real-estate research firm. - CFO Journal Corporate Tax Reform Generating Heat Regulators Clash Over Hedge Accounting Corporate Hedgers Stand Pat After Commodity Fall Christine Rice spent two years looking to buy a home in Los Angeles but found herself continually losing out to bids from investors offering to pay in cash. In September, she finally made a winning bid, paying $275,000 for a two-bedroom home. The prospect of falling prices "doesn't keep me up at night, but only because it was so cheap," says the 43-year-old tailor, who says she and her husband needed to move to http://online.wsj.com/article/SB10001424052748704810504576309532810406782.html?mod=W5Lhp_mostpop_read#printMode Page 3 of 5 Home Market Takes a Tumble - W5J.com 5/9/11 6:00 PM have more space for their family, Her mortgage payments plus taxes are less than the rent she had been paying. "If it had been a stretch, then maybe I'd be worried," she says, 15 Buyers who qualify for mortgages are demanding bigger discounts as added insurance against further declines in values, Sellers, meanwhile, are balking, "More often, they don't want to take the first offer," says Jeffrey Otteau, president of Otteau Valuation Group, an East Brunswick, N.J., appraisal firm. "What they don't realize is, in an oversupplied market, the next offer is for less," While some analysts have argued that home prices need to fall to "clearing prices" that will attract more buyers, price declines could also complicate any recovery by pushing more borrowers under water. Zillow estimates that more than 28% of borrowers owe more than their homes are worth nationally. Those numbers are much higher in hard-hit markets such as Phoenix, where more than two-thirds of borrowers owe more than their homes are worth. Write to Nick Timiraos at nick.ti.miraos@wsj.com and Dawn Wotapka at dawn.wotapka@dowjones.com Copyright 2011 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800- 843-0008 or visit www.djreprints.com hnp://online.wsj.com/article/SB100014240527 48704810504576309532810406782 .htm/?mod=W5Lhp_mostpop_read#printMode Page 4 of 5