Agenda 10/11/2011 Item #16J310/11/2011 Item 16.,1.3.
EXECUTIVE SUMMARY
Recommendation to approve corrections to the minutes of the Board of County
Commissioners meeting held on May 10, 2011, in regard to a speaker named
erroneously. The meeting video has been reviewed and the corrections have been
verified by the Clerk of the Courts, Minutes and Records Department.
OBJECTIVE: To approve corrections to the minutes of the Board of County Commissioners meeting held on
May 10, 2011.
CONSIDERATIONS: The minutes of the Board of County Commissioners meeting held on May 10, 2011
incorrectly note the name of the speaker in the following section:
CHAIRMAN COYLE. Commissioner Fiala?
COMMISSIONER FULA: Yes. You know, we have the two principals right here, and — that are involved
with this road You live on the road and your business is on the road —
MR DEMPSEY.• And we're alI — we're suing now
COMMISSIONER HILLER: You've already filed a suit.
MR DEMPSEY. We've akw4filed
COMMISSIONER FULA: Andyou've already sued
And my only question is, you're asking Commissioner Coyle if we want to move forward with this. I agree
with you as far as time is of the essence anyway. And I ask — Mss. — it's McMillan, isn't it? Mrs McMillan,
Linda -- can I Just call you —
As verified by the Clerk of the Courts, Minutes and Records Department, the following statements were made by
Mr. Vaughn not Mr. Dempsey:
"And we're all -we're suing now - ="
"we've already filed.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is has been reviewed by the County Attorney, is legally sufficient,
and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve corrections to the minutes of the
Board of County Commissioners meeting held on May 10, 2011, in regard to a speaker named erroneously. The
meeting video has been reviewed and the corrections have been verified by the Clerk of the Courts, Minutes and
Records Department
ATTACHMENTS: Sheffield Email Correspondence
PREPARED BY: Mike Sheffield, Business Operations Manager, County Manager's Office
DATE: October 11, 2011
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COLLIER COUNTY
Board of County Commissioners
Item Number: 1613.
10/11/2011 Item 16.J.3.
Item Summary: Recommendation to approve corrections to the minutes of the Board of
County Commissioners meeting held on May 10, 2011, in regard to a speaker named
erroneously. The meeting video has been reviewed and the corrections have been verified by
the Clerk of the Courts, Minutes and Records Department.
Meeting Date: 10/11/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
10/5/2011 10:53:17 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
10/5/2011 10:53:18 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 10/5/2011 1:23:25 PM
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10/11/2011 Item 16.J.3.
SheffieldMichael
From: Patricia L. Morgan [ patdcia .morgan@collierclerk.com]
Sent: Wednesday, October 05, 2011 10:57 AM
To: SheffieldMichael
Subject: RE: Correction to May 10, 2011 BCC minutes
Mike,
You are correct. That is the only correction that is being made. We need to have the correct speaker associated with
their statements. The referenced statements were made by Mr. Vaughn and NOT Mr. Dempsey.
Trish Morgan, BMR Manager
Clerk of the Circuit Court & VAB
Minutes and Records Department
(239)252 -8399 Phone
(239)252 -8408 Fax
patricia.morgan@collierclerk.com
From: SheffieldMichael [ mailto: MichaelShefl "ieid @colliergov.net]
Sent: Wednesday, October 05, 20119:47 AM
To: Patricia L. Morgan
Subject: FW: Correction to May 10, 2011 BCC minutes
Trish,
Okay, just to verify, the corrections (to the May 10, 2011 BCC meetings) are that the
following statements were made by Mr. Vaughn not Mr. Dempsey:
"And we're all - -we're suing now --
"we've already filed."
Thanks,
Mike Sheffield
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10/11/2011 Item 16.J.3.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You -know, we have the two
principals right here, and -= that are involved with this road. You liv '
on the road and your business is on the road --
MR. DEMPSEY: At fw*e all -- weIM 3111ft now --
COSIER 10-A Btm y filed O
MR. I)EMPSEY: weir e'_alftio filed.
COMMISSIONER FIALA: And you've already sued.
And my only question.. is, you're asking Commissioner Coyle; if
we want to move forward with this. I agree with you as far as time is
of the essence anyway. And I ask -- Ms. -- its McMillan, isn't it?
Mrs. McMillan, Linda -- can I just call you —
From: Patricia L. Morgan [mailto: 2atricia .morganC&collierclerk.com1
Sent: Wednesday, October 05, 20118:43 AM
To: SheffieldMichael
Subject: FW: Correction to May 10, 2011 BCC minutes
Mike,
noticed that you had received this already. I have verified by the video and he is correct in his statements below.
Please place this as an item on the Consent Agenda so that we can get this corrected.
Thank you,
Trish Morgan, BMR Manager
Clerk of the Circuit Court & VAB
Minutes and Records Department
(239)252 -8399 Phone
(239)252 -8408 Fax
Patricia .morean @coIIierclerk.com
From: Patricia L. Morgan fmailto: Patricia .morgan@colliercierk.com1
Sent: Wednesday, October 05, 20118:40 AM
To: SheffieldMichael
Subject: update on the transcript from 5/10/2011 (under Item #14
Mike,
n viewing the meeting on CollierTV, it clearing shows that at 6:47 on the video counter that Commissioner
Fiala was talking to people on the door side of the Boardroom. Mr. Will Dempsey spoke but he was on the
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10/11/2011 Item 16.J.3
other side of the room and he spoke earlier in the discussion. The last discussions were had by Mr. Vaughn
and Ms. McMillian, with Mr. Grant standing close by. The person speaking in the minutes is incorrectly noted
as being Mr. Dempsey in two places when it was Mr. Vaughn that was speaking.
I will send to you what Mr. Dempsey had sent to me yesterday. it shows where in the minutes that it
mistakenly says that he is speaking when it should have referenced: Mr. Vaughn.
We need to have the BCC reconsider the minutes of 5/10/2011 to correct them with the speaker name
correction. We will place this notice of correction at the end of the minutes on the signature page where they
will be noted as approved as amended (and note this correction following).
Please let me know if you have any questions.
Regards,
Trish Morgan, BMR Manager
Clerk of the Circuit Court & VAB
Minutes and Records Department
(239)252 -8399 Phone
(239)252 -8408 Fax
patricia.morgan collierclerk.com
From: Will J. Dempsey jmailto:WdempM(@naDlleslaw.coml
Sent: Tuesday, October 04, 20114:58 PM
To: Patricia L. Morgan
Subject: FW: Correction to May 10, 2011 BCC minutes
ATTOUNCTS At LAW
Will J. Dempsey
Board Certified Real Estate Lawyer
Cheffy Passidomo, P.A.
8215 1h Avenue South
Naples, Florida 34102
(239) 261 -9300 telephone
(239) 436 -1536 direct dial
(239) 261 -0884 facsimile
widemosey(Mnaoleslaw. com
www.napleslaw.com
'v
4-
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10/11/2011 Item 16.J.3.
This e-mail, along with any flies transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or
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From: Will I Dempsey
Sent: Tuesday, October 04, 20114:28 PM
To: ' michaelshefrield @colliergov.net'; 'patricia.morgan @colliergov.net'
Subject: Correction to May 10, 2011 BCC minutes
Good afternoon Patricia and Mike:
As I indicated earlier to Mike, I have had a grievance filed against me with the Florida Bar Association by Florida Georgia
Groves in connection with my appearance at the May 10 BCC hearing. I have 15 days to respond to the grievance.
I am writing you because one of the statements that is attributed to me in the meeting minutes (and upon which the
grievance is based) was actually made by someone else at the hearing. Here is the relevant excerpt from Page 156 of
the official minutes:
CI4AIRMAN COYLE: Commissioner F ialac?
COMMISSIONER FIALA: Yes. You Imow, we have ate two
principals right here, and -- itthat are involved with this road. You livid
on -he road and your business 39 on: the road --
MR. DENTSEY:
l. Wre. now.....
15Ilii Vrleda.
I�E.MPSEY: weave already fed:
COMMISSIONER. FIALA: And you've already sued.
And my only question is, you're asking Commissioner Boyle if _
we want to move forward with this. I agree with you as far as time is
of the essence anyway. And I ask -- Nis. -- it's McMillan, isn't it?
Mrs. McMillan, Linda -- can I just call you --
The statements "And we're all — we're suing now" and "we've already filed suit" were actually made by Mr. William
Vaughn and not me. Mr. Vaughn does "live on the road" (as noted by Commissioner Fiala) and I do not. A quick review
of the hearing tape reflects that Mr. Vaughn made the statements and not me.
Here is a link to the hearing tape (http://collier.granicus.com/MediaPlaver.php?view id =4 &clip id =909), and please
consider the following as you view the tape:
• If you fast forward to 5:49:20, you'll see Mr. Bill Vaughn addressing the Board. This will give you an idea of Mr.
Vaughn's appearance and voice;
• If you fast forward to 6:30:00 you will see me addressing the Board. This will give you an idea of my appearance
and voice;
0 Fast forward to 6:47:00 of the tape and you will hear the beginning of Commissioner Fiala's comments
excerpted in the minutes above. During her comments, someone off - screen says "we're suing now" and "we've
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10/11/2011 Item 16.J.3.
already filed." After a brief exchange (during which Commissioner Fiala names Lynn MacMillan and "Mr.
Vaughn" as the people she is addressing), there is a cut -away shot to Lynn MacMillan standing next to Mr.
Vaughn and attorney Dick Grant. It is clear to me from Mrs. Fiala's statement that "you live on the road and
your business is on the road" that she is addressing Lynn MacMillan (who owns and operates the Smallwood
Store Museum on the road in question) and Mr. Vaughn (who owns a home on the road in question). The
resulting dialogue is between her and Mr. Vaughn, as indicated by the reference to the speaker "living on the
road ", the voice of the speaker, and the subsequent cutaway shot of Mr. Vaughn and Ms. MacMillan.
I have separately spoken with Mr. Vaughn and he confirmed his recollection that he (and not 1) made the statements
attributed to me in the official minutes. If you wish, I can direct you to Mr. Vaughn or his attorney to confirm his
position.
As far as a correction goes, simply changing the 2 references in the meeting minutes above from "Mr. Dempsey" to "Mr.
Vaughn" should do the trick. Again, I have 15 days from yesterday to respond to the Florida Bar regarding the grievance
and would greatly appreciate any priority you can give this matter. I apologize for the rush, but I just received the
grievance yesterday. I understand from Mike that he needs an executive summary and corrected minute excerpts by
mid - afternoon tomorrow in order to place the matter on the BCC's next agenda.
Thanks again, and please feel free to follow up with me as needed.
(IRMP'ASSMI M0
ATTOeMtYK AT LAW
Will J. Dempsey
Board Certified Real Estate Lawyer
Chaffy Passidomo, P.A.
821 5'h Avenue South
Naples, Florida 34102
(239) 261 -9300 telephone
(239) 436 -1536 direct dial
(239) 261 -0884 facsimile
widemosev9bnanieslaw.com
www.naoleslaw.com
This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or
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