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Backup Docs 04/23/2013 (CR) 4+ O cn 1 re ei 3 \ ? W m O z U U p m0 N N ..V I J H a U t v O Q O W U 03 ILI 11.1 7N ,- 0_ _i U) cn w 0 Z I, .a ° O = ° ~ p' o W O ER , ° u' 0 O N Q 0, 0 M 4 O H W x y < a JS.r z I- d 0 )` 'd 0 a E ° Q OC ma ~ in J H CI c W 3-, 0 V o0 ° a a S Z 01 ?I/ g - ,)_,Z N D O Z CO d U 03 03 W = Q i i Submitted into BCC Record , by Court Reporter: 71 lat.hs BCC Meeting Date: 4(23(13 Agenda Item# 4 of the majority of the Board Members present. (d) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not reelected as Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a Chairman and/or Vice-Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice- Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. With respect to all matters outside of meetings (see subsection (e) below), in the absence of both the Chairman and the Vice-Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall become the presiding officer immediately after his or her election. The Chairman stall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. Sec. 2-38. - Sergeantat-arms. The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. ;' G O ce 'a ( z 4 m c~n O = rn Cm CO LL 0 Z ° W t a ° a xi , .i O -1 aZ U U Q O W Z.- 1 awl = m a J Ca 0 •V if) (-9 W Z W nA eu 1-1 tin c ~ E t _ � o0 LU O ce cg Nary 0 O H O AI- z a a 0 i' N0Q I- 5 W O W 0 Q E n cg 0 Q W ma I- C al / ' opp 4 4 z re O NDO Z W 00 Umm W = Z W S H L u) z F - 0 pi O 18 0 I- V 0Ur O G } G O 03 1-1 Q .' W re Q W m 0 H ck w � � in 0 t a01- z W < Li) Q N J W <WW LU ilml ul 01 I It V om = ., J o o F- W W i N } = GC H I Z zz < I-- Z U z o O re r\c) y a (7 F- G re a `�" W 0 o 0 E U. �W S :u+ O 6 ' N W el)V 1 W F- S d W C) .d W ill 4 Q W • 01 Z W CC a W c Z 4 J L7 a ' = omo =O 0 W W a J -J U '13 i (n z a m No X 5-2L) t7 O '- W N/ J a m L IN/I J a Ce ~ F 3 i- CO W W W a W 2 m A 1_ 1- a in Z W C. 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O H v ' U) F-+p ° I— U —1--- W n < 4 tel OUo O 1.4 v a QWm 0 1'. ..I w � I- u, 0 < a 1- z ��..,(( cn < � J J " er Z W Z J (I) ` M m W Q t'n s QOH W H (`I - N _J = OC = } Z F . z < I- z li UZc 0 0 w Z a , -�--- a`) Q C7 0 d Z W v W o o � c� Oi. w W C Owci J E < W LU o c 8oz a a O w 0 0 g J N 0 I 8i � mEn �O U 0. W d J z W W W Z i J --I E U u a g 4 Z oc ° c=n ° 5 Submitted into BCC Record by Court Reporter: T Ljwis 4 ' BCC Meeting Date: 4(23((3 Agenda Item# SA Untitled Dear Jeri, Because, due to a prior commitment, I am unable to attend the zoning appeal hearing regarding the Wahls' dock, and because Christopher Realty, through you and, previously Chris Middlebrook, have managed my property at 10 W. Pelican since 1985, I've asked that you speak on my behalf before the Commissioners. In the 1990's when I rebuilt my dock, it had to be the same configuration as was stated in my permit. I have been on the-Marco River for 30 years and..ino_w the_ _ difficulties of navigating it. While I would have preferred to have been permitted to dock my 23-foot boat parallel to the Marco River (for the safety of my family and guests), instead I was only allowed to use the perpendicular configuration approved by Collier County. I adhered to all of the requirements and restrictions imposed by Collier County because that was the rule. Collier County did not consider my request, based on safety, to constitute a hardship. I believe it would not be fair or just for Collier County to Page 1 leiA I 2D Untitled make an exception to the rules for someone who cannot demonstrate that a hardship exists. Therefore, I respectfully ask that the Commissioners deny the appeal for a dock extension that is not needed because of hardship, but rather simply for convenience. Anthony Rinaldi 10 W. Pelican St. Isles of Capri 239-642-6618 Page 2 T Z N a.r 0 �a �, a m N � o = � cw C ✓ CO LL z 3 m0 n y (\) ° � a m Y .. -Iaz I I I- m Z W 2 r+ 7 J i = _ � • Ce � o• o = a. 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U pi m V om = U1 I V S ( ( OH W =IAj N J = � Z (z . t� Zz � �- Z H - Luzw 0 0 re M `\ a) QU1- G O A z W ii W .., O p C7 W N u. LLI _1 w W g a >- W c. J W Q W G H c 8oz < f W ++ Ou- o = CL N 4 , W m � 0 0 in W W 2 O. J Q Z U Submitted into BCC Record by Court Reporter: 7 %s BCC Meeting Date: IA(23(13 Agenda Item# 0 E IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA JERRY B.BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, v. Case No.: 08-9355-CA COLLIER COUNTY,a political subdivision of the State of Florida, Defendant. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,a political subdivision of the State of Florida, Plaintiff, v. Case No.: 09-1281-CA JERRY BLOCKER,KIMBERLEA BLOCKER;and WANDA M.COLLINS TRUSTEE,OF THE LARRY AND WANDA COLLINS LIVING TRUST DATED DECEMBER 26, 1997;and any tenants/persons in possession,and any unknown heirs,successors, assigns,devisees,grantees,creditors,and other unknown persons or unknown spouses claiming by,through and under the above-named Defendants, Defendants. / MEDIATION AGREEMENT l This Agreement is made this 8th day of February, 2013. WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial Circuit, Collier Coun ty, Florida, styled: (1) Jerry Blocker and Kimberlea Blocker v. Collier County, Florida, Case No. 08-9355-CA; and (2) Board of County Commissioners, Collier Page 1 of 2 lae 4 f 2413 . . Cei 1213 County, Florida v. Jerry Blocker, Kimberlea Blocker, and Wanda M Collins, Trustee, Case No. 09-1281-CA(collectively,these lawsuits shall be referred to as the"Lawsuits");and WHEREAS, pureuent to agreement of the parties and all applicable court orders and procedures mediation was conducted in the above-styled matter before Civil Mediator,Leonard Via,Esq,,on Frklay,Mummy 8,2013;and. WHEREAS,the parties have agreed to the terms and conditions as set forth in Exhibit A. NOW,THEREFORE,it ie ruutually agreed the the Quay Attorney will bring forth and recommend to the Board the Agmement wed as Exhibit A no later than the second Board meeting of March. Should the Board approve this Agreement as attached, this matter shall be deemed concluded on the terms and conditions therein, IN WITNESS WHEREOF,the undersigned hereby execute this Agreement on the date(s) set forth below. .. ,-27.1-11; ' >64-,_ a ' R ERLEA BLOCKER 41Lrifil Jerre • j a 'w Leonard Reina,Esq.,Civil Mediator Coun rney II Page 2 of 2 rob - > !��c'�.s er,-� );61.\ C5 r1 nq I �-mac � (r imec r-c... 1 c•� J /0E 4/43 121 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA JERRY B.BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, v. Case No.: 08-9355-CA COLLIER COUNTY,a political subdivision of the State of Florida, Defendant. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff, v. Case No.: 09-1281-CA JERRY BLOCKER,KIMBERLEA BLOCKER;and WANDA M.COLLINS TRUSTEE,OF THE LARRY AND WANDA COLLINS LIVING TRUST DATED DECEMBER 26, 1997;and any tenants/persons in possession,and any unknown heirs,successors, assigns,devisees,grantees,creditors,and other unknown persons or unknown spouses claiming by,through and under the above-n: is - n s ants, Def. 'ants. \ MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE \ 'I is=ttlement Agreement and.Mutual Release ("Agreement") is made and en d into this 2.1.,4-\r■ day o 2013 between -_B COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as the "County") and JERRY BLOCKER AND KIMBERLEA BLOCKER (hereinafter referred to as the"Blockers"). Page 1 of 7 " i IY' /Dc 4/2310 1213 WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial Circuit, Collier County, Florida, styled: (1) Jerry Blocker and Kimberlea Blocker v. Collier County, Florida, Case No. 08-9355-CA; and (2) Board of County Commissioners, Collier County, Florida v. Jerry Blocker, Kimberlea Blocker, and Wanda M Collins, Trustee, Case No. 09-1281-CA(collectively,these lawsuits shall be referred to as the"Lawsuits");and WHEREAS, the Lawsuits resulted from certain code enforcement cases between the County and the Blockers, Case No. 2006-16, 2006-17 and 2006-18 (the "Code Enforcement Cases");and WHEREAS, the Parties' claims against one another in these Lawsuits arise from the Blockers' operation of a mobile home park located at 1101, 1121 and 1123 Alachua Street, Imnokalee, Florida, which property consists of three separate parcels with three separate tax folio numbers (63864720000, 6386468001, and 638647600020) (hereinafter referred to as the "Property"),and whether or not the operation of this mobile home park constitutes an illegal and non-conforming use, under both the Immokalee Area Master Plan, the applicable zoning regulations,and the Land Development Code;and WHEREAS, the Parties deny liability to one another for any and all claims and counterclaims alleged in the Lawsuits and in connection with the Property;and WHEREAS, following a Cont-arrbzed mediation held by the parties on February 8, 2013, the Parties to this Agreement wish to fully settle and resolve all existing and potential future disputes pertaining to the claims, counterclaims and allegations made in the Lawsuits or with respect to the Blockers current or potential future use of the Property. NOW,THEREFORE, in consideration of each and all of the mutual covenants,promises and considerations set forth herein, the sufficiency of which is hereby acknowledged by the Parties,the Parties do hereby agree as follows: 1. Incorporation by reference. The Parties agree to adopt and incorporate the foregoing recitals by reference into this Agreement as though fully rewritten herein. 2. Non-admission of liability.It is understood and agreed that this Agreement is the compromise of disputed claims,and that any payment made hereunder is not to be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party,which liability is and has been expressly denied. 3. Form of Settlement. This Settlement consists of two components. The first component is defining the uses the Blockers may lawfully engage upon the Property. The second component addresses providing the Blockers a liquidated settlement amount equal to Page 2 of 7 31- 106, 4 at, 12B their actual out of pocket costs incurred in connection with these Lawsuits and the Code Enforcement Cases. The Land Use Component 4. The Immokalee Area Master Plan (Growth Management Plan). The Commerce Center-Industrial Subdistrict of the Urban—Industrial District of the Immokalee Area Master Plan Element of the Growth Management Plan is hereby amended to add the following text: "In addition to the already allowed Transient Housing or Migrant Labor Camps under Policy 1.5.2,the existing 2.74 acre asobile b pNk/migtraat transient housing property located at 1101, 1121 and 1123 Alert mat and Anther described below is allowed to continue as a conforming legal use, with a nix of housing types. As such, the owner may alter, replace, relocate, upgrade and add dwelling units. In addition,the 2.74 acre site is eligible for residential redevelopment at a maximum density of 12 units per gross acre, but in no event less than 33 units,and the permitted residential uses are those uses permitted by the Commerce Center-Mixed Use Subdistrict of the Urban-Mixed Use District of the Immokalee Area Master Plan. In calculating such density, the area legally described below that was previously designated as an alleyway/right-of-way (described in O.R. Book 4324, Pages 960 and 961, and O.R. Book 434, Pages 962 and 963) shall be utilized in such calculation as to the remainder parcel, irrespective of any future change in ownership. The property is further described as: Lots 6, 7, 8, 9 and 10, Block 48, Newmarket Subdivision, as recorded in Nat Book 1,Pages 104 and 105,Public Records of Collier County,Florida. [Trustee's Deed(O.R.Book 3170,Page 1547)] AND The Easterly most twenty feet of the Easterly forty feet of the Broward Street right-of-way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket Subdivision, as recorded in Plat Book 1,Pages 104 & 105, of the Public Records of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 960 and 961)] AND The Westerly most twenty feet of the Easterly forty feet of the Broward Street right-of-way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 & 105 of the Public Records of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 962 and 963)] 5. Zoning. This rezone shall be known as the Blocker Rezone. The zoning classification of the property described in Section I is hereby changed as provided herein and the Page 3 of 7 IoG itik% 12B appropriate zoning atlas map, as described in Ordinance Number 04-41, as amended, is hereby amended accordingly. A. List of Permitted uses: All uses currently permitted by the Commerce Center- Industrial Subdistrict of the Urban—Industrial District of the Immokalee Area Master Plan Element of the Growth Management Plan, as amended above, except that there can be no mixed-use residential development. B. Development Shindarthe All development and redevelopment shall comply with the then-current Collier County Land Development Code, using the standards of the most similar zoning district, and including without limitation the County's SIP Program for Nonconforming Mobile Home Parks. 6. Site hninov esent Plan Amroval. The Board hereby approves the site plan of adsting-mobile home par arm migrant ataaim housing uses attached hereto as Exhibit"A", which shall be the site development plan for all existing 2.74 acre mobile home/migrant housing use on the property. The owner may replace, alter or upgrade existing residential units, and add up to two additional residential units bringing the total permitted number of residential units to a maximum of 33 residential units (or whatever greater density the Land Development Code allows at the time of application), with an approved building permit under the current Site Development Plan,and subject to the following: 1. Unless shown on the attached site plan,no landscaping is required. 2. Owner shall maintain a driveway or private road leading to and serving the 2.74 acre tract as shown on Exhibit"A"which shall be a dust free surface. 3. Owner shall provide for onsite water management as to the affected area to prevent flooding and shall direct stormwater to the adjacent public roadways. 4. Owner shall maintain the perimeter fencing shown on Exhibit"A". The Liquidated Settlement Component 7. Pernmar. Tire Cmmty and the Mockers have agreed to a liquidated settlement amours equal to the Blocker"' actual out-of-pocket coats incurred in connection with the Lawsuits and the Code Enforcement Cams. The Blockers are in the process of confirming their Page 4 of 7 96 4fz3li� 128 invoices, which shall in no event exceed$540,000 in costs and legal fees in connection with the prosecution, and defense, including appeal, of these Lawsuits and the Code Enforcement Cases. Within 10 business days of approval of this Agreement by all parties,the Blockers will submit to the Clerk of Courts invoices and proof of payment in support of this claimed expenditure. The Clerk will review these invoices and proof of payment, and shall pay their actual, out-of-pocket costs and legal fees directly incurred in the Lawsuits and the Code Enforcement Cases. The decision attic Clerk shall be Wit, 8. Releases. a. County. County, on behalf of its Board of Commissioners, and its past,present and future Commissioners, attorneys, employees, former employees, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, releases and forever discharges Jerry Blocker and Kimberlea Blocker, their predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, and members from any and all claims of whatever nature or description whether arising from any violation of any statutes, contract, indemnity,warranty,express or implied,in contract or tort,alleged in,relating to,or arising from the Lawsuits or the Property. b. Jerry Blocker and Kimberlea Blocker. Jerry Blocker and Kimberlea Blocker, on behalf of themselves, their predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, members, and all who claim through them, hereby releases and forever discharges the County, its Board of Commissioners, and its past, present and future Commissioners, attorneys, employees, former employees, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, from any and all claims of whatever nature or description, whether now known or arising in the future,and whether arising from any violation of any statutes, contract, indemnity,warranty, express or implied, in contract or tort, alleged in, relating to or arising from the Lawsuits or the Property. 9. Dismissal of Litigation With Prejudice, The Parties shall stipulate to the dismissal of the Lawsuits dismissing with prejudice all claims and counterclaims in the Lawsuits. The dismissals shall be filed by each party's counsel of record within thirty(30)business days of the execution of this Agreement. The Parties further acknowledge that thisAggesresnt is subject to the continuing jurisdiction of the Court. Page 5 of 7 lb E 4/243 12B 10. Release of Liam, The County will pronmtly release any and all existing code enforcement liens ou the Property,,and will cooperate with the Blovkers to remove any and all other liens,judgments or other clouds on title arising from the Lawsuits and Code Enforcement Cases. 11. Voluntary Execution/Role of Legal Counsel. The Parties acknowledge that this Agreement is freely and voluntarily executed after they have been apprised of all relevant information concerning the Agreement and that they have had the opportunity to consult with and receive the advice of'counsel in entering into this Agreement. In executing this Agreement, the Parties acknowledge that they do not rely on any inducements, promises, or representations other than those contained herein. In this regard,the Parties acknowledge that this Agreement is the product of mutual nnotietion and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against any of the Parties based upon a claim that one of the Parties drafted the Agreement, or that the language of the Agreement was intended to favor one of the Parties. 12. Governing law. This Agreement shall be deemed to have been made and to be performed, and shall be interpreted, construed and enforced, in accordance with the laws of the State of Florida. 13. Multiple Counterparts. This Agreement may be executed by the Parties in identical counterparts,which,taken together,shall constitute a complete original. 14. Complete Agreement. The Parties acknowledge that in deciding to execute this Agreement and then in executing this Agreement, they have not relied upon any agreement, statement or representation that is not specifically set forth herein, that this Agreement contains the entire agreement between the Parties hereto regarding the resolution of their disputes, and that the terms of the Agreement are contractual and not mere recitals. 15. Modifications. This Agreement cannot be amended, modified or amplified except by agreement and written document, which is signed by all Parties hereto. No oral statement made by any person shall operate to modify this Agreement in any manner or otherwise affect its terms and provisions. 16. Severability. In the event that any term or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed enforceable and in effect. lit Q./ Page 6 of 7 . , Gg 126 , , 17. Enforceability, This Agreement is effective upon the date it is approved by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to approval by the Court. i 18. Non-waiver. The failure of either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of any such provisions. 19. Authority to Bind. The signatories hereto each warrant and represent that they have the requisite authority to enter into this Agreement on behalf of the respective party. . i IN WITNESS WHEREOF,the undersigned hereby execute this Agreement on the date(s) ` set forth below. f i ATE' ST• BOARD OF COUNTY C• I SSIONERS I ,: wi -F.: ck,C ERK OF COL l!Ad IC r FLORIDA i i�r �7 c ca. " ' By: r ';r, AtiC ►Y .I GE t t IA • , r LER,ESQ., CHAIR f y, f { • JERRY BLOCKER / j I i i . i KIMBERLEA BLOCKER E r f 1 I j. 1 j II i Apo s ' , • ,I, legal form and sufficiency: .. f Jeffrey :pr.'?" .w,County Attorney 4 1 • 1 Page 7 of 7 ta i cifi-yeifr 1 2 8 ., ., g"gi 3 II, • 0,-.).00'0P3 3.13Z.SMI S arts) StVbSZ 3 ,.41.4,Z S 1 \ 4,...y4 AM 1,cessu 1 .. 1 1; II 1 , q \ i hi ; I N I \ b b L I I ,,,, 0 U D I 0 3 'a i I i I i . r R '- 44' ' ill III — ..., \ if 'Pt NI ■ il bill bgi h 'i i . iii lei I iii ifi - 0 ....MI • ix o 1 i 8.41 . 1 1 I 1 i I i 1 1 f t f 1 If ff t ,. V .8 , 1 ..060111111111W ; '• 4, 11* 11111• ; , • ,rw i■ \'1 . ,e g, /111100.. 4. ■ 4.0 It ■* .., • IIM I 11 FA NI I:I ; ._____:S-NE 1 y i I 1911p1 i P i ' • i 1 0,. .,..i. . 1 P 1131176. talela 4 2 4 ff L g.§ §I 1 - f". eR.1>•§1 o'p■ % I V 1$1 ' .1,lo Itte VIM.404.1 P.501:. 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I 1 1 1 . 1 I : it. . manor 01 . 4 .,‘ li if . f ' -: I ' .. =to* ow h I .1! 1 =111: t • lit i MN I n'.kio MIME 1 1 . ii , s d^1•ATI'mm.dr;14: ,, • I____,:_____________v q , . .., 1.1-A_I_________\_ r- r•---- urguMir.10-11-- ittfte9,01"113313°17(7” 0 N._ h ** is. • biq.v Submitted into BCC Record by Court Reporter: '-[;Lawk6 BCC Meeting Date: q (23((3 Agenda Item# (DE TO: Board of County Commissioners FROM: Marvin Courtright DATE: April 23, 2013 SUBJECT: Commissioner Coyle's Agenda Item 10E There is obviously an explanation for Mr. Coyle's irate antagonistic sarcasms regarding the activities of Ms. Hiller, Mr. Nance and Mr. Henning. I believe that Mr. Coyle has a guilty conscience. He and previous commissioners, Coletta, Halas and sitting commissioner Fiala were instrumental in preventing Mr. Dwight Brock from performing his duties as mandated by the State of Florida. I base this opinion on documented facts relative to the Immokalee Airport regarding lack of oversight in grant funding and accountability. The existing situation, multiple audits by the Clerk of Courts, would not be necessary had the Clerk of Courts been afforded the privilege of performing his duties. It's time for Mr. Coyle to accept responsibility for previous monetary oversights that involved the general fund and grants. Submitted into BCC Record , by Court Reporter: —C.lQWtS BCC Meeting Date: (4(23 13 Agenda Item# DoE Allison L. Kearns From: johnfbarlow @gmail.com on behalf of John Barlow <johnbarlow @lerivage.net> Sent: Thursday,July 21, 2011 6:15 PM To: KrumbineMarcy Subject Fwd:alllison.kearns @collierclerk.com,dwight.brock @collierclerk.com FYI Forwarded message From: John Barlow<johnbarlow @lerivage.net> Date: Thu,Jul 21, 2011 at 6:13 PM Subject: alllison.kearns @collierclerk.com, dwight.brock @collierclerk.com To: Leo Ochs<LeoOchs @colliergov.net>, Crystal Kinzel<Crystal.Kinzel @collierclerk.com>, MarlaRamsey @colliergov.net,Frank Buddy Ramsey<FrankRamsey @colliergov.net>, mariaackerman@colliergov.net Ladies and Gentlemen; Recently you received a letter dated July 18, 2011 from Allison Kearns, internal auditor for the Clerk of the Circuit Court. This letter contains multiple statements/assertions that are false. I am going to disregard this letter and suggest you do the same. Regards, John Barlow John F. Barlow 4351 Gulf Shore Blvd. N. Residence 19N, Le Rivage Naples, FL 34103 Phone: 239-649-6380 Cell: 239-250-9101 John F. Barlow 4351 Gulf Shore Blvd. N. Residence 19N, Le Rivage Naples, FL 34103 Phone: 239-649-6380 Cell: 239-250-9101 1 as DC I- z W m (1) O = } U 0 m 0O Ce N LA OJ 0 Q 1-1 la m as w w ~o V aW ao U * awH i m N ~ ~ a J � .v (N1 � Ow Z W 0 Z 0. 4 `� 0 c v o LU E S fyo3 rt a) t Nam °a 0 � o �z a H -) a� 20 < OI- E fa 0. v 4 +s.+ z H re 0 C c c1 o re a) ;+ 1- 00 .1 Q a� 8zce 0 0 5 a, i y NFS O Z L,u Q N Umm W = (► t. z w Z H i. zZH ...L.,. u) 4 o o H U re G 0U �a' O G Q Co ~ W/1 O w C U 1E w 0 E = W LL Z ui 1 0 et a6o Z t W < Q H J M z J J ■Il f U m m 4.9 U M A .4 *4 cr) CO LL1 ....0 ._-- N. aby o0I- W W z Z Q , I-- Z l" u� O 0 I.1 M .., o � w I- x L z 0 W d 0 W C p (9 W N LL P oc a x G W Q ~LU f c z z Q °' W 0 l - c OOL ° 0 O J r CL W Z I i CO m 5 U a Z a < oC 010 as Submitted into BCC Record by Court Reporter: T. LQ.W% BCC Meeting Date: Ll123113 Agenda Item# (pF From: EarlHall62 @aol.com Date: Thu, 13 Jan 2011 12:59: 13 -0500 Subject: Collier County Airport Authority To: fletcherflying @hotmail.com; cdb802 @me.com; macquistan @mac.com (Sent to each of BCC) Dear Commissioner, As a resident and tax payer in Collier County since 1954 I have gave concerns regarding the new administration of the Collier county Airport authority. I have stored an airplane at Immokalee airport since 1986 and leased hangar 2A for the past 20 years. Unfortunately due to the newly enforced regulations, yearly increase in hangar fees and constant rise in price of fuel I terminated my lease December 2010. I am retired military and draw Social Security. Due to the Presidents declaration that there has not been an increase in the cost of living for the past two years, I have not received a cost of living increase in my checks for two years. I don't believe the administration of the Airport Authority understands the severity of the recession that we all face at this time. In regards to the above statement (newly enforced regulations): I received a letter from the Authority in December that I would no longer be permitted to store any airplane parts or perform maintenance on the aircraft while in the hangar. This I considered to be totally unreasonable and something I unable to live with. I have moved my plane to the Labelle airport in Hendry County where the price of the hangar rent is lower and fuel is forty cents less than Immokalee airport. And best of all, the hangars are electrically operated, maintained beautifully and the airport personnel are reasonable and willing to help in any way. Nothing would please me more than to have this situation corrected so that I could relocate my aircraft back to Collier County. If I can be of any assistance in correcting this situation, please don't hesitate to contact me. James E. Hall 216 Viking Way Naples, FL 239-298-6318 Submitted into BCC Record by Court Reporter: l.1S1 1.5 BCC Meeting Date: y(2.3(13 Agenda Item# top From: Dylan Caldwell <macquistan @mac.com> Date: December 10, 2010 5:48:03 PM EST To: letters@naplesnews.com Subject: Letter to the Editor re: the Collier County Airport Authority To the Editor, What's wrong with the Collier County Airport Authority? In these slow economic times with greatly decreased county revenues, why does the CCAA have such an inordinately large staff when it certainly doesn't have the volume of air traffic or tenants to justify it? Why is it spending $704,000 this year for 15 employees at three airports which includes $130,000 for Chris Curry, the Executive Director, $84,000 for Bob Tweedie, the manager of Marco and Everglades, and $61,000 for Thomas Vergo, the manager of immokalee ( who also has a county vehicle). All three airports are uncontrolled, meaning they aren't busy enough to have a control tower. As of 9/30/10 according to the CCAA, there were 71 planes based at the three airports and there were reportedly no empty hangers. Two of the supposedly occupied hangers at Immokalee are in fact filled with airport equipment, including a $25,000 lawn mower used to mow 40 degree hills (why is this needed in Florida?). Moreover, in the past month at least four tenants at Immokalee have given notice that they are leaving the airport (three have acquired hangers in LaBelle). In comparison Hendry County has two airports, LaBelle Municipal and Airglades Airport in Clewiston, both of which are managed by only one employee, Tommy Vaughn who makes $32,000 a year. There are 120 airplanes based at the two airports and all the hangers are full at LaBelle (I'm not sure about Clewiston). According to the FAA Form 5010, the Hendry County and Collier airports in total have about the same number of flight operations per day. The two county systems also have the same wholesale fuel supplier, The Hiller Group based in Tampa. According to Chris Curry at last month's Airport Advisory Board meeting in Everglades City, both counties pay the same for their wholesale fuel prices. However, the Hendry airports have some of the lowest fuel prices in the area. Moreover, they are profitable! How can this be true? It's simple. The Hendry County Board of Submitted into BCC Record by Court Reporter: T L ui $ BCC Meeting Date: 423((3 Agenda Item# (OF From: FJSkyflyer @aol.com To: DonnaFiala @colliergov.net, GeorgiaHiller @colliergov.net, TomHenning @colliergov.net, FredCoyle @colliergov.net, JimColetta @colliergov.net, fjskyflyer @aol.com Sent: 11/10/2011 2:30:08 P.M. Eastern Standard Time Subj: OPERATIONS AT IMM Dear Ladies & Gentlemen of the Collier County Commission: I was appalled to learn of the new rule banning landing on the grass runways at Immokalee Airport. I cannot understand how "anyone," with a smidgen of aeronautical knowledge could make such a decision. As an enthusiast for vintage aircraft, I owned and flew an Aeronca 7AC Champ for decades. It was part of our week-end for myself and others to fly over to Immokalee to visit with friends, have lunch, and purchase fuel. We "always," landed on grass paralleling the hard-surface runways. My Champ was built in the 1940s when hard- surface runways were scarce. The Aeronca's conventional landing gear, (tail dragger), was "specifically," designed for soft- field landings, ie: grass runways; as were the Cessnas C-170 and C180 my friends flew, gliders, and a litany of other aircraft, all specifically designed and built for off-field or soft-field landings. Was there a reason we chose grass over the hard- surface runways? Of course! There are safety reasons: landing on grass provides better braking, shorter ground rolls, and reduces the likelihood of ground looping for which tail draggers are so well known to do; particularity in the hands of a less skilled pilot. As a Certified Flight Instructor, for more years than I like to remember, I often sent students on their 3 leg cross country flights to Okeechobee, then to Immokalee for lunch and fuel. Apparently, since whomsoever you have running your Immokalee Airport seems so determined to run off any commerce or revenue, modest though ours may be, we are more than happy accommodate and go elsewhere. I remain, Sincerely yours, FREDRICK T. JOSS Attorney-at-Law FAA DPE ret. ATP, CFI, CFI!, MEI Submitted into BCC Record by Court Reporter: "T.Low - BCC Meeting Date: Lt(23((3 Agenda Item# (OF From: Dylan Caldwell <macquistan @mac.com> Date: January 12, 2011 6:55:16 PM EST To: Georgia Hiller <GeorgiaHiller @colliergov.net> Subject: Everglades Soaring Club moving to LaBelle Dear Commissioner Hiller, This week our soaring club voted to relocate from Immokalee Regional Airport to LaBelle Municipal. We are the latest in a growing list of Immokalee tenants who have chosen to go elsewhere. While the recently proposed rate increases are a consideration, they are the lessor of our concerns. Rather, it is the apparent gross ignorance of basic aviation knowledge and the contemptuous attitude displayed by the new CCAA management that has prompted us to leave. We have seen their lack of professionalism in dealings with the larger tenants at the airport and we have chosen not to allow ourselves to be subject to such incompetence and mistreatment. While it may seem easy to dismiss our concerns as being those of malcontents, you would be wise to do otherwise. Amongst our ranks of those leaving are a retired two star US Navy admiral, who flew combat duty in Vietnam, and a retired US National Guard colonel. These men are anything but whiners. Therefore, you should be asking yourself what is happening in our county's airports. We have tried to inform and educate the BCC, but our efforts have been met with disdain. Therefore, our only option is to move. We are fortunate in that this is a viable alternative for us. Sadly, this is not the case for the larger tenants at Immokalee who are subject to the continued abuse of the Collier County Airport Authority. Respectfully, Dylan Caldwell, MD, Everglades Soaring Club Submitted into BCC Record by Court Reporter: T. Le1..i6 BCC Meeting Date: 143(3 Agenda Item# 10 F From: vconlyl @hotmail.com To: georgiahiller @colliergov.net; tomhenning @colliergov.net; fredcoyle @colliergov.net; jimcoletta @colliergov.net; donnafiala @colliergov.net Subject: Immokalee Airport Date: Wed, 9 Nov 2011 08:25:04 -0500 Collier County Commissioners I would like to tell you a little about history of grass airport operations and the Immokalee airport and about my self. Myself I started going to Immokalee public schools starting in the 4 th grade, I graduated from Immokalee High School in 1988. In 1984 we placed a training airplane at the Immokalee airport and I trained from local instructors of which one of them was born and raised on the Roberts Ranch right there in Immokalee. Another was Mr. Joe Brown, he probably was a permanent fixture at the Immokalee airport after WW2. We used several areas of the grass and all 3 of the paved runways. At that time the AG pilots used the grass area just to the south of the beginning of the paved section of runway 36. Two of those AG pilots were Mr. Steve Fletcher and another pilot that still works with Mr. Fletcher. If you look at your own Property Appraisers web site and pull up pictures of the Immokalee Airport you can see where grass operations were conducted. They were conducted in several places. The first airplane in history (Wright Brothers) used a sand runway, after that grass fields were used, then improved grass runways were constructed and as we were ushered into the Jet age and heavier aircraft were built paved runways were constructed. All of the previous runway types are still used through out the United States and though out the World. I have personally landed on roads, cow pastures, tomato fields, gravel runways, small municipal airports and large International airports in several country's and all over the United States. All legal and legitament. It is my understanding that Mr. Vergo your Immokalee Airport manger told you at your last Commissioner meeting that he has never seen grass operations at Immokalee. He needs to get out of the office. I see that he has a pilot certificate albeit his last medical certificate was issued in 2007 so he either does not fly or is flying without the required certificate. It may be that most of the grass operations that were happening stopped when you had a mass of your customers leave the negative Immokalee airport environment and move to Labelle. At Labelle we have both the airport management and the Hendry County Board of Commissioners "voted" blessing of continued grass operations. If you allow the current course of Airport direction from your large Airport Staff to continue you will lose more customers. We like your customers here in Labelle. They spend money on Fuel, Aircraft maintenance, hangers, lunch at local restraints 4I1 2Ai5 and use the local hardware store. All while paying an extra penny in sales tax. This is business that you have lost. I realize that you have 3 airports to manage. All 3 are as different as they can possibly be and require a different management style. You could start with management that has personal small business experience and has had the responsibility of signing the front of checks that he or she is personally responsible for the funds. If you want your airports to grow backwards keep the present course, we will take care of your customers in Labelle. If you want to fix the problem that your staff has created start listening to the people that provide the TAX money that you spend, and I don't mean the people that give you those grants that seem to grow on a tree. In fact if you cause Mr. Fletcher to go elsewhere who will fertilize that tree. It does not happen on its own. Thank You Vernon Conly Vernon Conly Vernon Conly Air Service 225 E Cowboy Way Labelle, Fl. 33935 239-872-9687 863-674- 0130 FAX www.vernair.net Submitted into BCC Record by Court Reporter: T LuJts BCC Meeting Date: 4(23((3 Agenda Item# ioe Hi Tracey, Dylan Caldwell said you were doing some research on the problem within Collier County and our three airports. As you may know, I own a small 2-place airplane (RV-6) and lease hangar #7 at the Everglades Airpark. I had been on the waiting list for several years, and once the new hangars were finally finished, was fortunate enough to get the second-to-last hangar for my airplane. It was a long wait. I am also a retired United Airlines Pilot (B-777) with nearly 33 years of seniority with them. To say I am disgusted with the current approach regarding "profitability" of our 3 airports under the direction of the new Executive Director, with marching orders from the County Board of Supervisors, is an understatement. I wrote the following which may help explain my disgust. After reading the latest "new fee structure" for the 3 Collier County airports, I am prompted to voice my concerns. These "New Fees" for 2011 are in reality just more TAXES for the already fragile General Aviation industry. You and I are required to balance our personal financial lives through expense reduction and common-sense changes to our lifestyles when it comes to our family balance sheets. However, it seems all government, whether local, state or national, is exempt from this long-proven policy of rational human behavior. The recent election in November was proof that the citizens/taxpayers of this grand Country had had ENOUGH of TAX & SPEND. Some sense of rationality may be beginning at the highest levels of our National `V\t4)\‘)) 611 Government. However, I wonder when, at the local level here in Collier County, these "Managers" will get the message that COST REDUCTION versus TAX INCREASES is the moral and ethical approach of dealing with all the red ink. Apparently, these "Managers" were on `vacation' the past 2 years leading up to our National Election in November; and DIDN'T GET THE MEMO. How about some Management-Types that DO UNDERSTAND the meaning of FISCAL RESPONSIBILITY here in Collier County; specifically the Executive Director, his many subordinates, and the County Board of Supervisors to which he is beholden to? A good start might be the novel concept of hiring people that are pilots first, aviation -minded and local in nature that have the background and hands-on experience of understanding Collier County aviation. Good luck to us all. We are going to need it since REASON still fails to prevail here in Collier County. Sadly, the long-term future of our 3 airports and South Florida General Aviation are at stake; the present powers fail to see the forest for the trees. Sincerely, Tim Campbell Retired UAL B-777 Captain Aircraft Owner and Hangar Rental Customer Everglades Airpark, Everglades City, FL 111,54\t, lip adentac @comcast.net Submitted into BCC Record by Court Reporter: T, Lam' BCC Meeting Date: (.V2_,. 3 Agenda Item# (0 F From: EarlHall62 @aol.com Date: Tue, 11 Jan 2011 12:10:25 -0500 Subject: Airport To: fletcherflying @hotmail.com Mr. Fletcher, As I understand, you as well as several other tenants, have serious concerns regarding the way that the Collier County Airport Authority manages the Airport in Immokalee. Believe me, I share your concern. I have stored an airplane at Immokalee airport since 1986 and leased hangar 2A for the past 20 years. Unfortunately due to the newly enforced regulations, yearly increase in hangar fees and constant rise in price of fuel I terminated my lease December 2010. I am retired military and draw Social Security. Due to the Presidents declaration that there has not been an increase in the cost of living for the past two years, I have not received a cost of living increase in my checks for two years. I don't believe the Airport Authority understands the severity of the recession that we all face at this time. In regards to the above statement (newly enforced regulations): I received a letter from the Authority in December that I would no longer be permitted store any airplane parts or perform maintenance on the aircraft while in the hangar. This I considered to be totally unreasonable and something I could not live with. I have moved my plane to the Labelle airport where the price of the hangar rent is lower and fuel is forty cents less than Immokalee airport. And best of all, the hangars are electrically operated, maintained beautifully and the airport personnel are reasonable and willing to help in any way. If I can be of any assistance in correcting this situation, please don't hesitate to contact me. James E. Hall 216 Viking Way Naples, FL 239-298-6318 Submitted into BCC Record by Court Reporter: l (ewts BCC Meeting Date: t{tZ [f3 Agenda Item# (0 To: FletcherFlying @Hotmail.com Subject: Safety Reference for Fletcher Flying Service From: naplescfi @aol.com Date: Wed, 2 Nov 2011 08:42:01 -0400 Dear Fletcher Flying Service: The purpose of my email today is to express our appreciation for your continued emphasis on safety and cooperation during your flight operations at Immokalee airport. I am a full time flight instructor out of Naples, Florida, and for more than 3 years I have personally exchanged radio calls, and have observed your pilots and aircraft in the pattern at Immokalee Airport during your spraying operations. Since we conduct many flights a day in and out of Immokalee Airport, our flight paths cross often, and we typically see one of your Air Tractors either departing or arriving back from spraying. At no time have I ever observed, or experienced one of your aircraft creating a hazard for others in and around the airport, nor have I seen any of your pilots being inconsiderate to arriving or departing traffic. In fact, I have always observed consideration extended especially when I have a student soloing, or if we are remaining in the pattern there at Immokalee. Your pilots are always making extensive radio calls, identifying positions, and in one case I personally witnessed, one of your pilots called traffic for another aircraft, helping to avoid a possible accident. Please extend my appreciation to your pilots for their continued efforts to honor our aviation profession. Sincerely, Al Russo, CFII RexAir Flight School Naples, Florida 239-233-3700 Submitted into BCC Record , by Court Reporter: T L2u)6 BCC Meeting Date: 4r3 Agenda Item# �OF From: Buddy Whitney <bwhitney204 @comcast.net> Date: November 8, 2011 15:54:44 EST To: DonnaFiala @colliegov.net, GeorgiaHiller @colliergov.net, TomHenning @colliergov.net, FredCoyle @colliergov.net, JimColetta @colliergov.net Cc: letters @naplesnews.com Subject: [evergladessoaring] IMM airport Reply-To: evergladessoaring @yahoogroups.com Dear County Commissioners, The behavior of Thomas Vergo and Chris Curry with regards to the operations of IMM airport are very difficult to comprehend. Steve Fletcher has been the life blood of that airport in the middle of our rich agriculture community where he and his staff have been providing a valuable service to both agriculture and fire control for all of SW Florida for many years. Steve is the one of the most knowledgeable aviation professionals in all of Florida. Mr. Fletcher is being harassed to the point that he will probably relocate to protect his business and customers but it will come as a higher price to his clientele and I am sure he will leave Collier County if he does move. John Swasey has been an important business man operating his repair and aircraft services at IMM for many years. John started High Soaring many years ago and without his vision many Collier county residents would not be flying gliders today, and I am one of those and can attest to his contributions to our county. Thomas Vergo claims he has never seen any aircraft operating on the grass strip there. Before we were forced to move our glider and towing operation to Labelle because of Chris Curry we landed and departed on the IMM grass strip for years and had thousands of operations off the grass there. Mr. Vergo is lying about the grass not being used during his time at the airport. 121). Now by banning the use of grass for landing and departure Mr. Swasey must close down his glider operation and eliminate his Glider from his inventory of aircraft. Please tell me why you allow Chris Curry to run business away from Collier County, especially in these difficult times. You have all been advised many times about the misinformation you are being fed by Chris Curry and the damage he is doing. This is no longer a blame we will lay at the feet of Curry it's now up to you to act in a professional manner to correct these wrong doings and damages being done to business and individuals in our county. Boyd Whitney 1420 Caxambas Court Marco Island FL 34145 Reply to sender I Reply to group I Reply via web post I Start a New Topic Messages in this topic (1) RECENT ACTIVITY: Visit Your Group MARKETPLACE Stay on top of your group activity without leaving the page you're on - Get the Yahoo! Toolbar now. YA140CA GROUPS Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use Submitted into BCC Record , by Court Reporter: T LQuxS BCC Meeting Date: L (2.3 f(3 Agenda Item# (op From: Dylan Caldwell <macquistan @mac.com> Date: November 4, 2010 5:40:34 PM EDT To: tellmel @news-press.com Subject: Problems in the Collier County Airport Authority Dear Ms. Payne, We are writing to you because of the excellent story you and Ms Re your attention budget and salary irregularities within the Collier Cc does seem to be an unnecessarily large staff, some of whom earn hi volume seen by the Authority's three airports. The issue came to ou have some of the highest fuel costs in the area. Though, this is not problem for my colleague, Steve Fletcher, who owns and operates F Because his planes are large turbines and he is the primary agriculi increases in fuel costs can have a huge affect his business. However, Immokalee's high fuel costs are also a big problem for th runways that are perpendicular to each other which makes it an ide activity. Furthermore, given its distance from the east coast and Tai should be a prime cross country destination for both private and sti deserted. We feel that the fundamental problem is the high cost of • online before they go flying. Moreover, many of the more advanced the nearby airports. You can perform search for fuel prices yourself by going to Alrnay.4 I suggest using the zip code for Immokalee, which is 34142, and sell prices are considerably higher than many of the local airports. This miles away. I used Airnav this morning and found Immokalee's pric were $3.80 for 10011 assisted service (essentially self service) and $ difference for Jet A. Why is there such a big difference in pricing? BI serve a similar population and are the same distance from any who bulk purchases of $20,000 or more. Their charge is only $.28 above Tommy Vaughn. Because Steve Fletcher buys about $400,000 of Jet economic times. Fletcher has been attempting to obtain a similar bi though the Airport Advisory Board has passed a resolution In suppo f l3 Why then are prices so much higher at Immokalee? We've asked th answer we've been given by Deborah Mueller, the accounting super Authority's operating costs. We could not discern any justifiable rei airport systems. According to the airport information for both airpc than Immokalee, (46 vs 21) and there are more aircraft operations l one person, the airport manager Tommy Vaughn, Jr., while immoka three maintenance techs. Moreover, Tommy Vaughn also manages a Clewiston. That airport has 25 aircraft based there and has 32 opera island and Everglades City. The Marco island Airport, has only 21 al manager and at least three maintenance specialists. Everglades Cit airport manager for the 7 planes based there and titsl3 operations director, the accounting supervisor, the operations coordinator and according to our best estimation, 14 employees at three airports fo Yet, Hendry County has one employee for two airports, 71 planes ar There is also a huge discrepancy In the salaries paid by the two aul year. Surely, his salary seems far to low for all that his responsibilil County employees' salaries shows that many of the maintenance to year. with most being between $32,000-$46,000. The former manag termination this spring (there is much more to that story as well if Everglades City has a yearly salary of $80,928. Finally, there is the i Curry, who makes $130,000 a year. It's hard to understand why he r times the planes and traffic. Furthermore, consider the Lee County Field. Southwest Regional is a very busy airport with heavy jet trafi customs, etc. Likewise, Page Field has 229 aircraft based there and operations a day. The executive director of the Lee County Port Autl Chris Curry makes. Yet, Mr. Ball's operations are five times greater managed by Collier County. The fundamental question is why does the Collier County Airport At such a small population of planes and pilots? If this Is a story that y anytime. Respectfully, tint 1\1 Steve Fletcher, Fletcher Flying Service 239-860-2028 fletcherflying @hotmail.com Dylan Caldwell, MD Everglades Soaring Club 239-537-2318 macquistan @mac.com S. D a, cC .0 Ln Z W m o I K) 0 w 0. co c....b mO - i Oaz U gym- ^ ' < m W W �V i/�JA ' < WH �_. co . w Z W g z0 � U O = 0. 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