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PARAB Agenda 04/23/1997 PARKS AND RECREATION ADVISORY BOARD AGENDA April 23, 1997 Immokalee Community Park 321 North First Street,Immokalee,Florida The Parks and Recreation Advisory Board meeting will be held Wednesday,April 23, 1997, 2:00 p.m. at Immokalee Community Park, 321 North First Street,Immokalee,Florida. I. CALL TO ORDER: II. PLEDGE OF ALLEGIANCE TO THE FLAG: III. INVOCATION: IV. APPROVAL OF MINUTES, March 26 , 1997 Meeting A 1-4 V. NEW BUSINESS/PRESENTATIONS 1. Tour of the NEW IMMOKALEE ADMINISTRATION BUILDING. 2. Ordinance& Rules of Procedure B 5-21 3. Established Policy for Neighborhood Park 4. Established Policy for Bonfire 5. Deltona Land Donation VI. REQUESTS FOR DISCUSSION-SPECIFIC UPDATE ITEM 1. Lee Cypress Playground VI. REPORTS/UPDATES: 1. Monthly Report(March) C 22-25 2. Adopt-A-Park Report D26 3. Parab Meeting Schedule D27 4. Letter to Donald Carnes (Aeronautic Model Club) E28 5. Tour of the Immokalee Sports Complex 6. Meeting Adjourn 1 0 0 PARAB PARKS AND RECREATION ADVISORY BOARD 5 PND REcA Q� Ot'Lit °z . • _ S CIL FI01110 ouNv‘ WEDNESDAY, APRIL 23, 1997 2:00 P.M. Immokalee Community Park 321 North First Street, Immokalee, Florida 1r �a667897077, yy/ '`� ��ti R �,? ,re,. 74 ek 1993 yFt! • u. q{ Sj c� OtZ n, ORDINANCE NO. 93-�L �`4 to c� 0. '''''e d 4AN ORDINANCE CONFIRMING THE CREATION OF THE rF i-/ PARKS AND RECREATION ADVISORY BOARD; PROVIDING ‘k.$��(2, % FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY BOARD; SETTING FORTH THE DUTIES OF THE PUBLIC SERVICES ADMINISTRATOR OR HIS DESIGNEE; PROVIDING A REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 86-41, as amended, sets . forth the requirements for creating County Advisory Boards; and WHEREAS, the Parks and Recreation Advisory Board was created by the Board of County Commissioners in October, 1975; and WHEREAS, it is the desire of the Board of County Commissioners to confirm and ratify the establishment of the Parks and Recreation Advisory Board and to formalize the structure and operation of the advisory board in accordance with the provisions of Collier County Ordinance No. 86-41, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTIOE N ONrnation oP the Creast os —�� oard Con Pi Hecreatlon Advlsor� aoard the narks and The creation and establishment of the Parks and Recreation Advisory Board (hereinafter referred to as the "Board") is hereby confirmed and ratified. SECTION TSO �� ADDOin_`nt and Comoos ti aiL- A. The Board shall be composed of seven (7) members consisting of one (1) member from the Immokalee Community Park District, one (1) member from the Marco Island Community Park __ ` District and five (5) members from the Naples and Urban Area - 'Community Park District. B. Members of the Board shall'be appointed by and serve at ' the pleasure of the Board of County Commissioners. ;;did`memners shall be permanent residents within the Community Park District . that they represent, and all shall be'electors of Collier County. 1 (B) 5 I I_ C. Appointment of members to the Board shall be by resolution of the Board of County Commissioners, which resolution • shall set forth the date of-appointment and the term of office. SECTION THRE Terma of OtPi The initial terms of office of the Board shall be as follows: A. Two (2) members will serve until December 31, 1993. B,, Three (3) members will serve until December 31, 1994. C. Two (2) members will serve until December 31, 1995. Thereafter, each appointment or reappointment shall be for a term of four (4) years. A member of the Parks and Recreation Advisory Board may be reappointed by the Board of County Commissioners for one (1) successive term. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Board shall be for the remainder of the unexpired term of office. SECTION FOCI ---s Removal F_ ron OfFic • Fail r AMeetings. A. Any member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. • B. In the event that any Board member is absent from two (2) consecutive Board meetings without a satisfactory excuse acceptable to the Board Chairman, the Board Chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Public ServiceA Administrator or his Designee of the Board member's failure to attend without satisfactory excuse. The Board of County Commissioners shall review the Board Chairman's notification at a County Commission meeting and shall declare the Board member's positi.;,,rto-be vacant if the Commission concurs that the Board member was absent from ' two (2) consecutive Board meetings without a satisfactory excuse • 2 (8) 6 f and shall promptly fill the vacant position. The Board member shall not serve at any meetings after his or her position is declared vacant. • C. If any member of the Board is absent for more than one-half of the Board's meetings in a given fiscal year, it shall be deemed that the member has tendered his resignation from such Board. The Board of County Commissioners shall as soon as practicable,after such resignation, declare the position to be vacant and shall promptly act to fill the vacancy. The Board member shall not serve at any meetings after his position has been declared vacant by the Board of County Commissioners. D. A member of the Board shall be deemed absent from a meeting when he/she is not present during at least 75% of the meeting. SF I 4fflce r� Ouorum• Ru7 a op pror �t A. Annually the membership of the Board shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for reelection. B. The presence of four (4) or more members shall constitute -a quorum of the Board necessary to take action and transact business. In addition, an affirmative vote of three (3) or more members shall be necessary in 'order to take official action, regardless of whether four (4) or more members of the Board are present at the meeting. C. The Board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a ,written record of meetigs, .resolutions, findings and determinations. Copies of all Board minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 4 SeCTI- 0-�y R�.{mbursement r,f rxcenses Members of the Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably 3 (8) 7 r-- • incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION V N Functions Powe'-s and n,. g of h n The functions, powers and duties of the Board shall be as follows: A. To evaluate, consider and review the acquisition of park property. B. To consider and analyze the development of park and recreation facilities constructed on these park properties. C. To review and provide input on parks and recreation programs, classes and special events. D. To review and provide input on the Parks and Recreation Master Plan. E. To solicit input from the public that may assist with the duties listed above. F. To provide recommendations to the Board of County Commissioners on issues relating to those duties specified above or other duties assigned by the Board of County Commissioners. G. The Board may adopt and amend "Guidelines" to govern their operation, subject to approval by the Board of County Commissioners. SECTION FZGNT Duties of the Public S + dis De�ione`_ t to o The duties of the Public Services Administrator or his Designee shall be: A. To administer the activities of the Board in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Board. B. To provide periodic written reports to the Board, the County Manager and the Board of County • Commissioners on the activities of the Board. 4 (8) 8 ® • • C. Attend all Board meetings. SECTZQN NINE Review p_ o es This Board shall be reviewed once every four (4) years commencing in 1996, in accordance with the procedures contained in Ordinance No. 86-41, as amended. , `TIOONN TEW. S_anflict and a s In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTIO?{ FT FyFN F This Ordinance shall become effective upon-receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of'Collier County, Florida, this a‘•• dayof -1993V"d r 1Q93 • ATTEST .rte y� BOARD OF ',1`,DWIGHT E. 'BROCK, CLERK COUNTY FLMRIDAIONERS A�/ COLLIER COUNTY, FLORIDA d/ �•�� 1` BY:• / .* ABpved a�Ao form =URT L. SAUNDERS, CHAIRMAN and'leg'alisuffi iency: /,1-4- Thls ordinance filed with the David C. We •el Secretary of Skate's Offi h3 Assistant County ttorney /...11C day of77e7r', and acknowledgement o that fi ng received tht day of ice_// /7 By�it_ GQ+r CYra 5 (B) 9 - N N f1110 t. APPENDIX 2 PARLIAMENTARY PROCEDURES Parliamentary procedures are a consistent set of rules that govern deliberative assemblies. The rules are intended to protect the rights of the individual,the minority,the majority, the absentee and the organization. Parliamentary procedures are based on the following principles of parliamentary law: •Justice and fairness to all, •Consideration of one subject at a time, •Right of the minority to be heard, •Right of the majority to rule. Motions The following information is based on the current edition of Robert's Rules of Order Newly Revised. Ranking Motions In the chart below,there are 13 ranking motions that have an order of precedence,or in other words,certain motions have priority over other motions. The"main"motion is the lowest in rank of the ranking motions.The main motion introduces new business to the assembly that certain action be taken or a subject be considered. A main motion can only be made when no other motion is pending. The "subsidiary" motions rank next. The subsidiary motions aid the assembly in disposing of the main motion either permanently or temporarily by altering it,by referral or by otherwise disposing of the motion. The"privileged"motions are the highest in the sequence of ranking motions. The privileged motions do not relate to the business that is pending. On the 13 ranking motions,it is important to keep in mind that a motion of a higher rank than the motion that is pending is always in order,a motion of a lower rank than the motion that is pending is not in order. Used individually to take action, a ranking motion takes precedence over the motions that are listed below it,and a ranking motion yields to any or all of the motions above it. 9/92 '" 71 (8) 10 ti Thirteen Ranking Motions Privileged Motions Second Debatable Amendable Vote Needed Fix the time to which to adjourn Yes No Yes Majority Adjourn Yes No No Majority Recess Yes No Yes Majority Raise a question of privilege No No No * Call for the orders of the day No No No * Subsidiary Motions Lay on the table Yes No No Majority Previous question (to close debate) Yes No No 2/3 Limit or extend limits of debate Yes No Yes 213 Postpone to a certain time(or definitely) Yes Yes Yes Majority Commit,refer, recommit Yes Yes Yes Majority Amend Yes Yes Yes Majority Postpone indefinitely Yes Yes No Majority Main Motion Yes Yes Yes Majority *Usually no vote is taken. The presiding officer decides. Nonranking Motions Nonranking motions are the "incidental" motions that deal with questions of procedure arising out of other motions or items of business;these incidental motions are disposed of before business continues. There are many incidental motions, but those most frequently used in deliberative assembly are listed on the next page. 729/92 (13) 11 Use the Proper Motion to Obtain the Desired Result Under the parliamentary authority,Robert's Rules of Order Newly Revised, there is a motion designated to handle the varying situation as they occur in a business meeting. If the member knows the purpose to be achieved,use of the proper motion will normally obtain the desired result. Purpose Motion to Use To introduce new business to the assembly Main motion To kill the main motion Postpone indefinitely To alter,modify,change the motion Amend To obtain further investigation or information on a subject before vote Refer to committee To postpone action to a later time Postpone to certain time To change debate time Extend or limit debate To stop debate and proceed to vote Previous question To lay pending motion aside temporarily to take care of more urgent business Lay on the table To take an intermission not listed in the program Recess To close the meeting Adjourn To allow the assembly to take action prohibited by the rules(not the bylaws) Suspend the rules To point out a violation and enforce rules Point of order To obtain information Point of information To reverse the decision of the chair Appeal To keep a motion out of the minutes Withdraw a motion To bring a motion before the assembly that has been tabled Take from the table To correct hasty action Reconsider the vote To annul an action previously taken Rescind To validate a previous unofficial act Ratify Motions Most Frequently Used The motion is the basis of all action taken at a meeting. Without a motion,no new business can be introduced,altered or disposed of to suit the wishes of the members. 74 ' s 9/92 (B) 12 Am- 411111111111111111116 s Main Motion A motion presenting a subject to the members for discussion and decision. Wording: "I move that (state action) " or "I move to (state action) .' Amendment When the form in which a motion is stated is not satisfactory, the motion may be changed before the vote is taken by a motion to amend. An amendment must be closely related to the subject of the motion;it must be stated clearly,and it must be specific as to what part of the motion it applies. Discussion is limited to the amendment portion only. Wording: "I move to amend the motion by (state the hange) ." An amendment may: 1.Strike out wording. 2.Insert wording. 3. Strike out and insert wording. 4.Add wording(at the end only). 5.Substitute wording. Just as a motion may be amended(primary amendment),an amendment may also be changed in the same way (secondary amendment). The amendment to the amend- ment must relate to the motion and to the amendment. The steps in making a motion to amend the amendment are the same. Wording:"I move to amend the amendment by (state the change) .' The presiding officer may sometimes ask the maker of the motion and the seconder if they are willing to accept a proposed amendment as part of the original motion. If they agree and if no other member objects,this can be done saving time and effort. This is often referred to as a "friendly amendment." Extend Debate To allow discussion to be extended beyond the established time limit. Wording: "I move to extend debate time to (time) "or"I move to extend debate for an additional [number) minutes." Limit Debate Members may restrict the length of time allowed for discussion of a motion by setting a time limit for each speaker on the same motion(perhaps two minutes),by setting a time limit for discussion of the subject(perhaps 10 to 15 minutes),or by establishing a specific number of speeches pro and con. Wording: "I move to limit debate to (number) minutes per speaker"or"I move to limit discussion time on this subject to (number) minutes." Previous Question The purpose of this motion is to stop debate immediately. If passed,there is no further (close discussion) discussion on the pending question(s). Wording:"I move the previous question"or "I move the previous question on all pending questions" or "I move to close debate." Lay on Table Permits the meeting to lay aside a pending question(motion)in such a way it can be taken up later in the same meeting or at the next meeting. This motion is used to allow for consideration immediately of more urgent business and should not be used to kill a motion. Wording: "I move to lay the motion on the table." Take from Table Brings up for consideration any question temporarily set aside and if adopted, resumes discussion on the motion at the point where it left off when it was tabled. Wording: "I move that we take from the table the motion to (state motion that was previously tabled) ." Withdrawing a Motion The maker of a motion may withdraw a motion without permission if the motion has not been stated by the presiding officer. After the motion has been stated by the presiding officer, the maker of the motion must ask permission of the group to withdraw the motion. Wording: "I request permission to withdraw my motion." -- - - • ... c 75 9192 (8) 13 CS CS u� Refer to Committee This motion is used to allow for more careful consideration or investigation of a question. The motion should include the name of the committee and, if necessary, the number of members and by whom the members are to be appointed or elected,and the time when the committee will report. Wording: "I move to refer the motion to the (name) Committee,adding other information as necessary. Parliamentary Inquiry To inquire about the purpose and/or effect of a proposed motion or action, or to request assistance. A member requests recognition and states inquiry to the presiding officer. The presiding officer will answer or may request another member to supply the information. Wording:"I rise to a parliamentary inquiry"or"Parliamentary in- qu " Point of Information An inquiry pertaining to pending business other than on procedure or parliamentary law. Wording: "I rise to a point of information"or"Point of information." Question of Privilege Normally used when a member wishes to request a personal privilege regarding comfort or convenience of the group or her/himself. The request is made to the presiding officer. When recognized,the individual states: "I rise to a question of privilege." When permission is granted,the member states the request--too hot,too cold,cannot hear. Point of Order To inquire the intent or effect of a parliamentary procedure, to verify a vote,or to remind the presiding officer of a possible error in procedure.The maker of the motion may interrupt business to call out"point of order." The presiding officer will request the member to speak and then decides whether or not the point of order is valid. If desired,the presiding officer can ask for a decision by the members. Point of order must be raised when the violation occurs. After debate,it is too late to raise the point. Note: It is never too late to raise a point of order against a motion that violates the charter,bylaws or standing rules. Appeal from Decision At,the time a ruling is given by the presiding officer(chairman),an appeal may be of the Chairman made from decision of the presiding officer,challenging the ruling's correctness. It is too late to appeal the ruling after further discussion stars. The ruling of the pre- siding officer is sustained by majority or tie vote.Wording: "I appeal from the deci- sion of the chairman." Reconsider Cancels the effect of a vote allowing reconsideration of a decision necessitated by new information or too hasty action. A motion must be made by one who voted on the prevailing(winning)side when the original motion was adopted. If the motion to reconsider passes,the original motion is brought before the group as it was before the original vote was taken, and debate on the motion continues. A motion to reconsider at a club meeting can be made only at the same meeting that the vote on the motion to be reconsidered was taken. Restrictions apply. Wording: "I move to reconsider the vote on (identify the motion) ." Rescind This motion nullifies a previous decision of the group. The adoption of a motion to rescind reverses a previous action. It cannot be applied to action that cannot be reversed. Wording: "I move to reconsider the vote on (identify the motion) .' Amend Something To amend the content of a motion previously adopted by the group. Allowable only Previously Adopted if action has not already been taken on the motion. Wording: "I move to amend the motion previously adopted to (state action) ." Suspend the Rules This motion is to set aside a rule or make it temporarily inoperative. It allows for a change in the order of business (agenda) or for temporary suspension of a rule of procedure to allow action to take place. Wording: "I move that we suspend the rule to (state action to be allowed) ." 76 _ _ 9/92 (B) 14 .. 9, Q. ` :je� To provide for a short break in the proceedings. Wording: "I move that we have a A:- - (tithe) recess." 4 Adjournment To end the meeting,a motion of adjournment is in order. The motion can be made t at any time except during a vote or when someone has the floor. Wording: "I move we adjourn. ' Differences in Meeting Procedure ^F p•y Procedure in the Small Board Meeting (12-13 members) In the small board meeting,some of the formality that is necessary in a large board or membership meeting would hinder business. Therefore,the procedures governing small board meetings(about 12-13 members)are different from the rules that are effective in larger meetings. The major differences are as follows: 1. Members are not required to obtain the floor(stand and be recognized by the chair)before making a motion and speaking to the motion. 2. Motions do not need to be seconded in small board meetings. 3. There is no limit to the number of times a member can speak on a motion. The chair's authority is used to be sure that no member dominates the discussion and that all members are heard. 4. Informal discussion of a subject is permitted before a motion is made. 5. The presiding officer does not need to stand while putting the motion to vote. 6. The presiding officer can speak in discussion of the motion without standing or leaving the position of presiding officer. 7. The presiding officer can make motions and vote on all motions. 8. Motions to close or limit debate generally should not be allowed in the small board meeting. Procedure in Large Board or Membership Meeting A greater degree of formality is required to effectively conduct a meeting with a larger number of participants. I. Informal discussion of a subject is not permitted before the motion unless the presiding officer decides informal discussion before a motion is introduced would serve to clarify the situation. 2. When making a motion,you are first required to obtain the floor(stand and be recognized by name by the presiding officer)before you state your motion. 3. The maker of the motion is permitted to be the first to speak in favor of the motion if the maker wishes to do so. (You can only speak in favor of your motion,but after discussion,you may vote against your motion.) 4. A member may speak only twice on a motion;the second time may be only after all others wishing to speak have had a turn. 5. The presiding officer must stand while putting the motion to vote. The affirmative and the negative vote must be taken; the result of the vote and the action to be taken--if any--as a result of the vote must be stated. 6. The presiding officer cannot make motions.The presiding officer should vote on motions only to break a tie or when a ballot is used in order to maintain a neutral position. 7. The presiding officer should not discuss a motion. If information is requested,the presiding officer may give the information or designate another member to do so. Questions should be directed to the chair,not to other members. 9192 77 03) 15 7. The fact that certain reports were presented including the name of the member presenting the report,any action . taken on the report,and a reference to a file where the report may be found. 8. The name of the mover of each main motion and the exact text of each main motion. The names of seconders are not included in the minutes. 9. The disposition of each main motion including any amendments and whether the motion was adopted,defeated, postponed,referred to a committee,or disposed of in some other manner. 10. Any notices of motions to be introduced at future meetings. 11. Points of order and any rulings that set precedents for future meetings. 12. The time of adjournment. 13. The signature of the recording secretary. Duties of a Presiding Officer During a Meeting 1. Call the meeting to order. •It is important to establish a pattern of starting on time. •Make sure that there is a quorum present before proceeding with business. Ouopga:the minimum number of members who must be present at a meeting for business to be legally transacted. The only action that can be taken without a quorum is to fix the time to which to adjourn,to adjourn,to recess,or to attempt to locate a quorum. 2. Announce meeting business in proper sequence. •Prepare an agenda in advance of the meeting to establish the planned order of business. Be sure to allow time for postponed business and to anticipate any parliamentary problems which might arise as a result of business during the meeting. •Distribute the agenda to members (if possible)before a request is made for agenda approval. 3. Recognize members entitled to the floor. •When recognizing, identify members or other meeting participants where possible. •Always take both sides of the vote except in a courtesy resolution when a negative vote is not requested. 4. Announce the result of the vote. •State which side(affirmative or negative)received the most votes. •Declare the motion "adopted",or"lost." •State the effect of the vote(what action is to be taken). If necessary,order execution of the action. •Announce the next item of business. 5. Adhere to the rules relating to debate and decorum. •Pay attention to the discussions. 80 . _, _ .hs 9/92 (B) 16 r Go .p/V, • Use of members' names should be avoided. •Address all remarks to the presiding officer. . / •Confine discussion to the pending question: Discussion must relate to the pending motion,and discussion must be germane to the motion under consideration. •Be courteous to everyone--this is a priority in parliamentary procedure. 6. Expedite business efficiently. •Conduct the order of business according to the agenda,adhering to any time limits established. •Maintain control of the proceedings. •Assist with the proper wording of motions. If there is a question on the motion,ask the intent of the maker of the motion. (The maker of the motion should state the motion fully,avoiding the use of"I so move.) 7. Decide questions of order. •Rule on points of order(render a decision)as to whether meeting action was correct. •If in doubt,ask the judgment of the members in making a decision. •When the presiding officer rules,any two members may appeal the decision of the presiding officer,indicating that they disagree with the ruling. •A majority vote sustains the ruling of the presiding officer. 8. Respond to questions involving parliamentary procedure. • Parliamentary inquiry--a question directed to the presiding officer to obtain information on a matter of parliamentary procedure. •Point of information--a request directed to the presiding officer or through the presiding officer to another member for information relating to the business at hand. Note:The presiding officer should be alert that point of information is not used as a debating strategy to further discussion on the motion. This motion is to be used to ask a question only,not to debate and not to give information. The presiding officer does not make a decision but only supplies information. The Language of a Meeting Note:It is important to begin the meeting on time and to make sure that a quorum is present. When making introductions, present an individual known to the members; introduce an individual not known to the members. Call to order(The presiding officer rises and taps the gavel once.) Presiding Officer: "The meeting will come to order." Opening ceremonies(if desired) Presiding Officer: "We will open our meeting with .. .(welcome message,invocation,pledge,song)." 9/92 u 81 (B) 17 0 CC Q Reading and approving of the minutes Presiding Officer: "The secretary will read the minutes." (Pause for reading.) • "Are there any corrections to the minutes?" (Pause.) "If there are no corrections (or no further corrections), the minutes stand approved as read (or approved as corrected)." (If the minutes have been distributed,these need not be read unless a member specifically requests it. The presiding officer may then state the following:) Presiding Officer: "The minutes of the last meeting were printed in the (name ofpublication) (or were mailed with the meeting announcement). Are there corrections to the minutes as distributed(or as mailedl?" Reports of officers,the board and standing committees Presiding Officer: "The next business in order is hearing reports of the officers." "Has the secretary a report on correspondence?" (Action on correspondence will be taken up under "new business.") "May we have the treasurer's report?" (This report should include at least:beginning balance,total receipts,total expenditures and ending balance.) "Are there any questions? (Pause.) The treasurer's report will be filed for audit." (Ask other officers who have a report to make to speak,ending with the secretary who will present the report of board Action.) " (Name) , Chairman of the (committee name) Committee, is recognized to report." (Or, if uncertain, the presiding officer may ask: "Does the (committee name) Committee have a report?" Standing committees are called upon to report in the order that they are listed in the bylaws. To save time,it is a good idea to inquire prior to the meeting as to which committees have reports or to require that reports be in written form.) Reports of special committees Presiding Officer: "The next business in order is hearing the reports of the special committees." (Special committees are called upon to report in the order that they were appointed or alphabetically. Again,to save time,it is a good idea to inquire prior to the meeting as to which committees have reports or to require that reports be in written form.) Unfinished business The presiding officer should not ask: "Is there any unfinished business?" The presiding officer should know whether or not there is unfinished business. The presiding officer should say: "Under unfinished business,the first item of business is..."or"the next business in order is..." (This covers only business postponed from the prior meeting,not completed at the prior meeting,or postponed from earlier in the present meeting.) New business Presiding Officer: "Is there any new business?" (This includes correspondence requiring action by members.) "Is there any further new business?" 82 _.._.., s 9/92 (B) I8 r Announcements It is a good idea to have a list of announcements prepared. The presiding officer may make the announcements or may call upon others to do so. Program The Program Committee chairman will present the program. At the close of the program,the person who presented the program should say: "Madam President,this concludes the program." Adjournment Presiding Officer: "Is there any further business?" (Pause;then a motion may be made to adjourn.) Or to save time-- Presiding Officer: "If there is no objection,the meeting will now adjourn." (Pause.) "Since there is no objection,the meeting is adjourned." Rap the gavel once. How to Present a Motion 1. A member asks for recognition by raising a hand or standing and saying"Madam President." 2. The presiding officer recognizes the member. 3. After identifying her/himself,the member states the motion prefaced by the wording"I move that..." A brief introductory statement may be made before the motion. Also,if desired,the maker of the motion has the privilege of being the first to speak to it. The maker must speak only in favor of the motion but can vote for or against it. If the motion is lengthy,a written copy should be given to the presiding officer. 4. The motion should be seconded by some other member. The"second"means only that at least one other member believes that the business should come before the group. The seconder can speak or vote for or against the motion. A second is not required when the secretary presents a recommendation from the board or when a committee chairman presents a recommendation from the committee and then moves its adoption. 5. The presiding officer states the motion. The motion now belongs to the group. If the maker of the motion now wishes to withdraw or change the motion,it can be done only by permission of the group. 6. The presiding officer receives discussion,alternating debate for and against. 7. When the discussion is completed,the presiding officer will restate the motion and call for the vote--normally a voice vote,show of hands or standing. Affirmative vote first,then negative vote. A negative vote must be taken even when the affirmative vote seems apparent. 8. The presiding officer announces the outcome of the vote and any action to be taken,and then the presiding officer introduces the next item of business. Important Voting Terms Majority Vote Anything over 50 percent--more than half of the votes cast by persons present and legally entitled to vote. • Two-Thirds Vote At least two-thirds of the votes cast by persons present and legally entitled to vote. 9192 5s 83 (8) 19 rrrmr& Plurality Vote Largest number of votes to be given any candidate or proposition when three or mott choices are possible. Candidate or proposition receiving the largest number of votes has a plurality. Unanimous Consent Action taken without all the formal steps to process a motion;requires a quorum be (General Consent) present. Wording: "If there is no objection, (state the action_to be taken) ." (Pause.) "Hearing no objection, the motion to (action) is adopted." Can be used: •Where there seems to be no opposition in routine business or on questions of little importance. •To adjourn--when it appears there is no further business. •To correct the minutes--when there is no objection to the corrections being offered. •For amendments--when they are simple amendments and obviously acceptable. 84 `� (B) 20 0 (B) 21 ' D ,, H ICn 7) > < C > = z E m 0 0 ' D 0 v M > D 1.71 - c� m 0 0 C) z 0 0 •;""'4..Z m C -1 D D 7) m 0 x z mm :D p ( -m-1 0 i z > r Z , > Z (D m G) D o. O m cn D C) m D C-I z C) m m D WOO m C ZH O 0 O m H m n p m as 71 CO CO M M K O C) C7P. - '�D O c m O z (,) - G� z_ D - m m C....) 3 -0 X) D m ZC) aw (mD > i 7 H ;t1A a) O = (a S (D CD * 'it In cn m.. - W W A mNJ j ,-' it* D COO CO W O 0 J (D CO J A CT :,-- n OCD (T CD J N O D) Q) Q) O O N -7.-11.1. 0) W CO O) O O O 0 O O _ (o N Cn N co _, W CT j _0; a O N m WO O CO m J m jO A . C Cn (A O O W co A m A -' CO -0., o -i m Cfl V O) N co A co CD J N W J V v m g W 0 V m A W C - 1.\., N ' O j WO CO o O A A O m m CD N ,'� C r O O A co CT) C CON = m 1T1 X 2 C) A 1 CO W N (T N NJ CO CO m a, M C)-co lC O A A O O O co0 o O co O NiN O J m m -< (]1 (O NJ _ ,4 O '� 7.4. MI =I D —,io t E O m N Vt (T v O W CD O IV w W -_.0)-I'' A 5 z` om U) � ^) rn co w m w cD o - C) 171 D 0 A 01 o (D m z Z C) Z 2 in _ 71 a < Z m A A -i J m -, (T Z. Ni _, CO - :. Z g C) CT '' CO A V O N A m � C m A. O A O O O 0) W (b 171 O '7° N (O 0 V CD NJ CO 0 -w r<- Z r -, m X ".z..,'" o o c) 0 0 0 0 o a s 0) o o m A ITI R7 A V O V W :3 147.71-:.-`<111'47 -0 -0 xi xi —Zi m O J' co N O co ca N 0) -1, A Co Q O O 00 OA O co W ,,... O O N CO O J.. A N W '_ W Ni W CO V A CT CD 00 .-:1. � O O (O A COO O m O O N)co .N A C N O J O O C O O =co (NO -, CWJI WJAWAN - 1.1.1 .1iL- 3'-'-c':'4217°- .I p O co O O O -co (D Cb A ,. J W 1 W O N O A W m O .p, N (C) 23 REPORT FOR MARCH 1997 PARK PROJECT UPDATE 1. Veterans Park Roller Hockey Rink. a. We pulled the permit for construction. Contractor is clearing the land. 1. Lee Cypress Playground a. Finalization of the lease with County Attorneys. b. Set backs have been determined. c. Sheriff Department is ready to fund raise for equipment. 3. Deltona Land donation on Marco Island. a. Marco Island Sheriff's Department Community Policing section and Friends of the Park have adopted the proposed project and are contacting civic groups about funding before we take it to BCC. 4. Golden Gate Community Center Auditorium Renovation started construction April 9, 1997. 5. Immokalee Fitness Center expansion is ahead of schedule. 6. Covered Pavilion at Max Hasse Community Park is in bidding process. 7. Frank Mackle Community Park room divider construction started April 15, 1997. 8. Marco Island Tennis Center to be completed May 10, 1997. 9. Golden Gate Neighborhood Playground Land appraisal has been completed. 10. Tigertail Restroom - received a variance and are now in process of applying for building permit. 11. Immokalee Basketball- done. 12. Immokalee Football Soccer lighting- in final construction phase. 13. Immokalee practice field - obtaining quotes for construction. (C) 22 ' y o -i 'n 73 > < D < O G) m a o O D -1 z m m O L7 D o C) 2 m r m C7 Cl) o , , ). 2 m Cm m > > D o m 0 z 0 m yZ D D� :Via. 0 - O r0n C) O) D n m co Fo ii; D 0 n m m D O Z O C) m Z cn m > co m m E O C) m n 0 0 -T1 `C) c X O n n 0 -I t- Co m 00 z_ D z Li G7 m j co CD X > "D m 7 Cl) ``�'1:C toc D D �7 -C m �� -CO D TX ma CT a X T Z � VD- a) C .Z] 3 >m ' A CO D s -{� T 0 jV CD CO V A CO _�CD OVa) OOA O "1 Ta : (DO co O O $W W CO O 0 0 0 0 O0 co tv N N N '. b N CA O 0) m j v co j - co A .0 _' W Ca CD O W - (J1 Oco O W A W coOV N j co W O coVW 44 W _. - O -0 N 1 N N vA:> O 0 V A W O s -+ V y v',. r- CTf W O CD 0 A co A O O V j O N '< C I_' -Wi O 0 CO A 01 co � CND m m t_ C) C) O .70 O co-co W N CO NJ D) CD O n Z cn O — 0 0 O 0 CD 0 O N 0 V m Q COIF CD CO CO CD N �O ) A CO O CTI c -0 CD _ > - D Z T� �l O O CO N coN A A A .*1,..: N N In J w j Wo -! C) �1 cn m co W �, c" Jo cD m 2 C') Z O 1.V..:m Z rn A coOA CO O N A 00)C 0 -co Q) O fV CO A O CO O O m co 0— co NJ — Q -m. Z D -,i_ .:11:t- -.1 -< Z m v 'a o 0 _03 0 0 O O O Co 0 0 -CD - m m cn 0 -.1WO 2 r N O D -zi m V O O O O ?. O U) a) V , Z O fp O O O O co Oco co 104 . W N co CO V A Cr O p N ,---. 0 O CD N 0 (P W O O O co O • ' N A- O co O m O O 00 O .,i-6) lb co W V -.1 N O (D - 0)W V A p C13 + .: .C. O 0 0 Cp CD CD N W ' CD O !1 z 0.) - W O N O A N O (C) 23 MEMORANDUM DATE: April 14, 1997 TO: Park and Recreation Advisory Board Members FROM: Steve Peffers, Recreation Supervisor West RE: Community Park Statistics This report should illustrate just what is happening statistically at your Collier County Community Parks. The Recreation Section overview of each park lists class/program REGISTRANTS from the heading; program/classes i.e.: 213 which is not the number of program/classes but is the number of persons actually registering for classes. To explain these numbers, we compile actual paid registrations for these numbers. Differences are due to the fact that one registration can be $165.00 (after school adventures) or even $400.00 (full summer camp) or can simply be a $5.00 charge for a bridge or dance class, in a pay each visit program. Each park site is different also in number of visitors, program users, rental users, and revenue. Numbers of facility users is based on traffic counter numbers and some parks are visitor intensive due to drop-in facility use. These include East Naples, Immokalee, Veterans and Golden Gate Community Park. Revenue is high at Veterans, Vineyards, and Frank Mackie Jr. Community Parks due to classes and rental usage. User hours are based on class and rental users, not people dropping-in to play on sports facilities. Generally, a high number of registered participants would also show a high number of user hours except in the case where the registered users are at the facility for 60 hours a month (after school adventures) versus at the facility for 4 hours (soccer class). Revenues are small from rentals, generally. A few groups that are not non-profit or use facilities on off hours (church services) may pay full fees but many groups are either at no charge (i.e.: boy scouts, 4H, services groups) or a $5.00 per hour (i.e.: homeowner groups, clubs). Any inconsistencies shown in a monthly report summary are actually just differences or variations due to the nature of the park visit or the season. (C) 24 Department of Collier Counts Parks and Recreation F.Y.I. • Parks and Recreation Facilities: 24 basketball courts, 4 baseball fields, 12 softball fields, 9 little league fields, 53 tennis courts, 22 tot lots, 15 soccer fields, 22 racquet ball courts,8 volleyball courts, 3 gymnasiums, S concession stands, 2 roller hockey rinks, 22 shuffleboard courts, 1 remote control park 6 game rooms, 2 aquatic complexes, 2 fitness centers and 6 community parks. • Parks and Recreation Department's 25th Anniversary was held March, 1997. • BCC proclaimed March as Parks &Recreation month in Collier County. • 25'Anniversary Party was held on March 1st at the Golden Gate Aquatic Complex and Immokalee Aquatic Complex: over 1,500 people attended the event • The Department Co-Sponsored the American Cancer Society Walk. This event was held at Vineyards Community Park Over 1,000 people attended. • The Department Co- Sponsored the National Women's Health Week S mile run. The event was held at Vineyards Community Park Over 300 people attended. • The Department was named Gold Sponsor for the 1997 Special Olympics. The event took place on April 5th • A Teen Dance was held at the Golden Gate Community Center. About 400 teens attended the dance. Transportation for Teens from Everglades City and Immokalee were provided. • Easter Splash'97 was held at the Golden Gate Aquatic Complex. 1,700 people attended the event • It's that time of year again for baseball &softball season.. Over 190 teams utilize county facilities. These include little Leagues, Adult Men's and Co-Ed Softball, Babe Ruth Leagues and High School Teams. Over 2,300 players are participating on county fields. • The Department held a Schools Out Bash at both Immokalee and Golden Gate pools on March 24th during Spring Break • A Teen Dance was held in Immokalee on the 22"d of March. Over 200 teens attended. • Easter Special Events were held at the Fast Naples, Veterans and Immokalee Community Parks on March 29th. Upcoming Events in April • Special Olympics on April 5th • Pets In The Park on April12th, 10:00 am - 3:00 pm • Marco Mini Mountain Marathon on April19th, 6:00 - 9:00 am • Cultural Festival and Parade on April 26'. (C) 25 1 tr -.'.A-_. 1 f .. . ..p, 9 771 r t s _ F f . h 1 ... .r- .„ _ Ii I s or r , _ , - A r4 ! - - s ' • TT7 T+ 9 r ADOPT-A- PARK REPORT The Adopt-A-Park Report is provided by the Parks and Recreation Advisory Board. Each PARAB member visits their adopted parks and gives a detailed report of the parks condition. The purpose of this report is to help Parks and Recreation Department to continually improve in maintaining park facilities. Tim Blackford: a. Veterans Community Park Report on 6/25/97 b. Clam Pass Community Park Billie Cheney: a. Immokalee Community Park Report on 8/27/97 b. Immokalee Recreation/Aquatic Max Hasse: a. Golden Gate Community Park Report on 9/24/97 b. Golden Gate Community Center c. Max A. Hasse Jr., Community Park Gil Mueller: a. Frank Mackle Community Park Completed on 3/26/97 b. Tigertail Beach c. Collier County Racquet Center Gayle Stan: a. Cocohatchee River Park Report on 4/23/97 b. Lely Barefoot Beach Elaine Wicks: a. Vineyards Community Park Report on 5/28/97 b. Bayview Community Park Joseph Zaks: a. Sugden Regional Park b. East Naples Community Park Report on 7/23/97 (D) 26 PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE Aprii 997 April v 1997 a Sun Mon Tue Wed Thu Fri j Sat n :? 3 4 5 8j 3 10 I 12 13 '4 15 a0 1% 18 10 20 21 22 23 24 ` 26 27 28 29 30 1. April 23, 1997, meeting scheduled at Immokalee Community Park, 321 North First Street, Immokalee, Florida at 2:00 p.m. 2. May 28, 1997, meeting scheduled at Vineyards Community Park, 6231 Arbor Drive West, Naples, Florida, at 2:00 p.m. 3. June 25, 1997, meeting scheduled at Frank Mackie Community Park, 1361 Andalusia Terrace, Marco Island, Florida, at 2:00 p.m. 4. July 23, 1997, meeting scheduled at East Naples Community Park, 3500 Thomasson Drive, Naples, Florida, at 2:00 p.m. 5. August 27, 1997, meeting scheduled at Cocohatchee River Park, Vanderbilt Road, Naples, Florida, at 2:00 p.m. NOTE: Meeting dates could be changed due to holidays observed. PARAB members will be notified 2 weeks prior to meeting date in the event of a change. ** MEANS A DATE OR A LOCATION HAS BEEN CHANGED. (D) 27 • • COLLIER COUNTY GOVERNMENT DIVISION OF SUPPORT SERVICES 3301 E. TAMIAMI TRAIL REAL PROPERTY MANAGEMENT DEPARTMENT NAPLES, FL 34112 PHONE (941) 774-8991 FAX (941) 774-8876 April 10, 1997 A CERTIFIED BLUE CHIP COMMUNITY Mr. Donald Carnes Collier Model Aeronautic Club, Inc. 1120 Aztec Court Marco Island, Florida 34145 Re: Lease# 667 - Collier Model Aeronau'ic Cub, Inc. Dear Mr. Carnes: As you know, the Parks and Recreation Advisory Board ("PARAB") on February 26, 1997, approved the recommendation to allow your organization to lease the property located at the Manatee School site. The original Lease Agreement dated January 28, 1992 was terminated on January 31, 1997. A new Lease Agreement has been prepared incorporating the stipulations recommended PARAB fur your organization's use of that site. However, I am unable to complete the processing of the Lease Agreement because the State of Florida Division of Corporations still lists Mr. Ray Sokowloski as current President. You have stated that you hold that office for the 1997 club year. In order for me to complete processing this Agreement, you are required to provide the State of Florida Division of Corporations with the current information. Until such time as your organization becomes current with the State of Florida Division of Corporations, your organization will not be permitted to utilize the property owned by Collier County, since no Lease Agreement is currently in effect. Once your organization becomes current according to the State's records, I shall expeditiously process the Lease Agreement for approval by the Board of County Commissioners. At that time, your organization will be allowed to reenter the subject property and continue its operation. Please contact me at 774-8991 once your organization has re-filed with the State or if you wish to discuss this matter further. r Sincerely, - t Michael H. Dowling 7". _ Real Property Specialist Real Property Management Department r w --4. Send Certified Mail, Return Receipt Requested #P 403 545 917 cc: Heidi F. Ashton, Assistant County Attorney Jeff Walker, Director, Risk Management Department Murdo Smith, Operations Manager, Parks and Recreation Department Parks and Recreation Advisory Board Members (E) 28 I o PARAB HANDOUTS 1. Bonfire Policy (F) 29- 30 2. Leland Way & Winterberry Drive (F) 31-42 3. Parks (Newspaper clipping) (F) 43-44 4. Creation of Neighborhood Parks (F) 45 5. Collier Model Aeronautic Club Lease (F) 46-52 6. Lee Cypress Draft Map site (F) 53 7. Lee Cypress Lease Agreement (F) 54-58 April 23, 1997 } • BONFIRE POLICY AND PROCEDURES COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Procedure No. P026. Effective Date: PURPOSE: This is the policy and procedures for permitting, on a case-by-case basis, bonfires at non-park beaches of Collier County. Chapter 88-499, Laws of Florida, a special act, prohibits all bonfires at any County Park, including any beach park. Bonfires are permitted on County (non-park)beaches only in accord with this policy. PROCEDURES: Each applicant who desires a bonfire permit for any Collier County non- park beach must acquire a bonfire permit from the Board of County Commissioners and an open fire permit from the applicable Fire District. 1. PERMIT APPLICATION TO THE COUNTY: The applicant must apply for the permit by submitting a letter request to the Parks and Recreation Department with a non- refundable application fee of S . The application letter must specify: (a) The name, address, and telephone number of the applicant; (b) The requested date of the fire and the exact proposed location of the fire; (c) The estimated times of day and the total number of hours the event is expected to take from start of assembly of the materials to be burned on the site until complete clean-up of the area; (d) The estimated number of persons who are anticipated to attend the event; (e) A statement that representatives for the applicant shall, at its cost, clean up the beach area of all remnants of the fire and all trash, etc., caused by persons who attended the event; (f) A statement that the applicant will be responsible to acquire an open fire permit from the applicable Fire district and will ensure that a representative of that Fire District will be present at the site during the event; and (g) A statement that "No bonfire shall be set afire until a Collier County assigned Park Ranger and the representative of the Fire District are at the site." 2. STAFF REVIEW: The Parks and Recreation Department Staff will review the permit application. Within ten (10) days after receipt of a complete application letter, Staff will make a written recommendation to approve, approve with conditions, or to deny the application. Staff s recommendation is not binding on the Board of County Commissioners. 1 411) 3. APPLICATION TO THE BOARD OF COUNTY COMMISSIONERS: After receipt of the Staff's recommendation, the applicant may apply to the Board of County Commissioners for a bonfire permit by requesting that the Clerk to that Board place the permit request on the Board's Agenda for consideration by that Board. That application must have attached thereto either (a) an open fire permit issued by the applicable Fire District which authorizes the bonfire being requested from the Board; or(b) a statement from the applicable Fire District that such a permit will be issued by the Fire District; and (c) proof that arrangements have been made by the applicant for a representative from the Fire District to be present during the event. If the application is approved by the Board, no permit will be issued until all required fees have been paid to the County. 4. REQUIRED FEES: In addition to the non-refundable $ application fee, the following fees are required to be paid the County before any bonfire permit will be issued: (a) Outdoor Area Park Use Fee: $45.00 per hour multiplied by the number of hours the event is expected to take. (b) Park Ranger Fee: $15.00 per hour multiplied by the number of hours the event is expected to take. One Ranger must be at the site from until the entire bonfire area is completely cleaned up by the applicant. The Ranger shall determine when the clean up is complete and acceptable. (c) Security Deposit: A security deposit of $300.00. The security deposit is to provide security to cover shortages in the use fee, the Ranger fee, and any County expenses in the event that the clean up by the applicant is not complete and satisfactory. NOTE: Depending on the relevant circumstances regarding the particular application, Staff may require that the applicant submit to Staff information not otherwise required as specified in the above-referenced application letter. 2 MEMORANDUM TO: Marla Ramsey, Director Parks and Recreation Department FROM: William D. Lorenz Jr. , P.E. , Director Natural Resources Department DATE: 22-Apr-1997 RE: Leland Way and Winterberry Drive I am pleased to provide you with a draft proposal for establishing and monitoring the proposed areas as open green space for passive recreational activities. I understand you will be discussing this with PRAB on 22 April 1997. You can use this proposal as an alternative utilization plan for these areas. I will be happy to refine the proposal plan according to your future direction. Please note that the Natural Resources Department can prepare a grant application to State Forestry for the proposed improvements. Let me know how you wish to proceed. WDL/gmm/10659 Attachment cc: Thomas W. 011iff, Public Services Administrator Vincent A. Cautero, Administrator, Community Development and Environmental Services Special Project File 97-04-09-01 411 D-R-A-F-T 4-17-97 LELAND WAY AND WINTERBERRY DRIVE GREEN SPACE IMPROVEMENTS SPECIAL PROJECTS PROPOSAL 97-4-9-01 SUBMITTED TO: COLLIER COUNTY PARKS & RECREATION COLLIER COUNTY NATURAL RESOURCES DEPARTMENT April 17, 1997 4010011. 41111111MMIMMMMM • D-R-A-F-T 4-17-97 TABLE OF CONTENTS Page Current Conditions 3 Recommendations 4 Project Cost Estimates 5 Funding Opportunities 6 Implementation Strategy 7 Figure 1. Project Location Map 8 Figure 2 . Proposed Acquisition Parcels 9 Figure 3 . Leland Way Green Space Improvements 10 Figure 4 . Winterberry Drive Green Space Improvements 11 1 ® D-R-A-F-T 4-17-97 LELAND WAY AND WINTERBERRY DRIVE GREEN SPACE IMPROVEMENTS A. CURRENT CONDITIONS The Parks and Recreation Department has the opportunity to acquire approximately 14 acres + for potential park sites on Marco Island (Figure 1) . The two parcels border Leland Way and Winterberry drive (Figure 2) . Neither parcel is suitable for residential lots because of the narrow width. However, these parcels do have have the opportunity to be maintained as open green space and offer some passive recreational opportunities. The parcel paralleling Leland Way (Figure 3) is a power transmission easement with an asphalt bike path. Currently there are only a couple of homes along this strip. There are quite a few very large Australian pines along the bike path and scattered throughout the rest of the parcel. Most of the Australian pines on this and adjacent residential lots pose a windstorm threat to the power lines. To develop the property, the Australian pines would have to be removed. The property seems most valuable as a bike path, utility corridor and open "green space" . This green space component could be enhanced by managing the land to favor some protected species such as burrowing owls, which are currently nesting on vacant lots in surrounding areas. The Winterberry Drive parcel (Figure 4) is also a narrow strip with limited potential uses. Winterberry Drive is the through street from southern residential areas to the beach and is targeted for an in road bike path completed to South Barfield Drive (Collier County Comprehensive Pathway Plan) . If additional parking is needed for the Winterberry ball park, a portion of this area could be used. This property does not have as many exotic trees as the Leland property. However, there are some Australian pine, Brazilian pepper and earleaf acacia plants that would need to be removed. Most of this parcel has grasses as ground cover and is being maintained by mowing on an infrequent schedule. There are more existing homes on adjacent properties here that should be contacted for input on tree planting. This strip maintained primarily as grasslands would likely be attractive to burrowing owls. -3- D-R-A-F-T 4-17-97 B. RECOMMENDATIONS The two parcels could be developed and managed for: . Increased Green Space . Passive Recreational Opportunities including . Picnicking . Strolling . Biking . Wildlife Observation . Native Vegetation Restoration . Habitat Creation for Burrowing Owls 1. Leland Way The Leland Way property can be developed and maintained in such a way as to benefit the adjacent properties, provide passive recreational opportunities and provide for burrowing owl habitat (Figure 3) . To develop the property to favor use by the owls and benefit adjacent homes, the NRD recommends a mix of native trees and open areas of several hundred feet in length with native grasses. The open grass areas should be mowed no more frequently than quarterly or semiannually. Native shade trees (e.g. slash pine, mahogany, gumbo limbo, live oak, sabal palm) could be planted along the bike path and residential property lines to provide a partial screen. The tree locations indicated on Figure 3 should be adjusted as needed to allow for the electrical lines, bike path and property lines. Interpretive signs explaining unique natural features of Marco Island could be displayed. 2. Winterberry Drive Like the Leland Way property, the Winterberry Drive parcel can also be developed and maintained to provide urban green space having passive recreational opportunities and to provide for burrowing owl habitat. Approximate locations for planting native trees are identified in Figure 4 . The grassed area should be mowed no more frequently than quarterly or semiannually. A sign describing the area is also proposed. -4- D-R-A-F-T 4-17-97 C. PROJECT COST ESTIMATES Estimated project costs are summarized below. The total cost for developing these two areas is $21,400. The largest cost is the removal of exotic vegetation. Annual operations and maintenance costs for mowing are estimated at $1,700. These costs have been estimated conservatively, i.e. , on the high side. The cost to the County may be reduced by applying for grants or by receiving donated labor and materials. Cost Estimates Winter- Leland berry Cost Component Way Drive Total Initial cost 1. Australian Pine Removal $12 , 000 $6, 000 $18, 000 ($300/tree) 2 . Native Tree Plantings $1, 500 $1, 500 $3 , 000 ($50/tree) 3 . Interpretive Signs $200 $200 $400 TOTAL $13,700 $7,700 $21,400 Annual cost 1. Lot Mowing $600 $1, 100 $1,700 (2 times per year) TOTAL $600 $1,100 $1,700 -5- 4- D-R-A-F-T • 4-17-97 D. FUNDING OPPORTUNITIES The State intends to request applications for Urban Forestry Grants in May 1997. Funds will be available for projects up to $25, 000. This proposal as may be revised should be submitted for this funding source. Opportunities may exist for donated materials and services from private companies interested in sponsoring all or a portion of the work. Staff should contact local nurseries to determine any interest. Volunteer groups should also be contacted for donating labor and commitments to provide maintenance. Sponsorship from local service organizations enhance the County's chances of receiving grants. -6- D-R-A-F-T • 4-17-97 E. IMPLEMENTATION STRATEGY A tentative schedule for implementing this proposal is described below. Key milestones include the finalization of the plans and the acquisition of funding. Tentative Schedule Draft Proposal Complete Staff/PARAB Review April 30, 1997 Final Proposal May 15, 1997 Submit Urban Forestry Grant Application May 30, 1997 Complete Funding Source Identification July 30, 1997 Exotics Removal October 31, 1997 Tree Planting November 31, 1997 -7- • 4-17-97 Figure 1. Project Location Map 1 iikiev ' _ -P\/ . mkt i c „it LA,,,,,, R 951 Ca e:\4 V 1 NoW/ *ImaolV\ Wilk ' lir 44.4 8...i4 cos 4,...iik, , .:$4.,. . mil e .41 • Itt 0/4\ • b °-1/4 1\-(Nj 1 iii t. r ."11 Illibb- *111 ‘‘A PZItt IWO‘111v 140W MARCU ,iLii4. jirprgear ISLAND 11,%11" i 4 L 443.1, 11111 .11 AM D-R-A-F-T • 4-17-97 Figure 2. Proposed Acquisition Parcels \____.— SR 92 SAN MARCO DRIVE PROPOSED ACQUISITION - ------ PARCELS ARE SHADED. (I _ (PARCELS ARE NOT INTENDED TO BE LEGAL P,, DESCRIPTIONS.) st`opt tgliN\ . " L °c $ . Scale 0 500 1000 � �- Andulsi Feet Tc Leland Way �� Biscayne WQ h( 1 2 o° FRANC MACKLE PARK o Q. Sand o Hill < St 0 '---1 Winterberry Drty BALL = PARK NI ° a06 Cd\ 64 Ill' ROBERTS BAY -9- o a D-R-A-F-T 4-17-97 Figure 3. Leland Way Green Space Improvements LELAN\ D WAY GREEN SPACE IMPR VEv ENTS 0 wt LEGEND HARD - r 0 Residential lots r <n ��li s� 1 0 p 0 Native trees OG {� (Slash pine, Mahogany, •kk 3 Gumbo Limbo, Sabal s £ Pala, Sea Grape) 7s' •� 6, Interpretive sign TRACT Grassed area od Q7 Existing Bike Path o•• ��-�of C •.,��4 MSS g 4•�••A COUNTY ri ��•� LIBRARY © e 1\- ' °' �� . .00 r CD` I: ® N ANDALusia TER• SCALE FRANK �` ° 100 zoo \---__ MACKLE FEET PARK APPROXIMATE -10- wammile D-R-A-F-T 4-17-97 Figure 4. Winterberry Drive Green Space improvements Winterberry Drive Green Space Improvements LEGEND m Residential Lots 0 Native trees A Interpretive sign Scale Grassed area 0 500 1000 Feet CN \.�� o BALL C \ e'��e...alco'- PARK \\� �..r �� 51 -_--:-- �� Ql rrr 1�� 'Ii�.r� o ° ® wo°d m ® ° ® ca�t,c�9 0 St -__.......„..---) ....■.rW c/) �o wan...—_ 111111.-- V____________-----j el 2 m r.■■■■.■ ,4 e . /1�! 120i p 0 MEM _riaw'o"r e�`�e c� ®+ nod 1 • Go��`�g5 Scale 1 I, 0 500 1000 Feet -11- a a How Islanders MARCO I ►� LAND pitch in on Ear rt . Local ...- ._ �� award �� • owl pit �a � , IF Sprin `97. AG IL E g coupon book. Insert • APRIL 16 - APRIL 22, 1997/MARCO - - _ Marco set to acquire a APRIL 16, 1997/MARCO IS new park PARK Continued from page Al series of community meetings `with a who would be approached to adopt where service clubs and private sections of it. individuals will be encouraged to Huffor said one of the main adopt sections of the park,and difference' considerations would be to ensure When interested parties can offer that existing residents whose prop- their comments. erties bordered the proposed park 'We will also establish a mas- ' Br Q1,JENTIN Roux would not be adversely affected. ter plan for the project,"said Huf- - _ - Staff Writer "It is a stretch of land called the for. `green belt,'and is mostly scrub The idea for the park arose Marco Island is set to receive another brush,"said Huffor this week. it will be a park with a difference. P But "The land is owned by Deltona from complaints about illegal park Situated on the south side of Winterberry Island's original develop- ing,littering and the brush not ers),and they are willing to deed being properly maintained. Drive and stretching from Heathwood Drive to Sandhill Street,it will be a"passive" it to the county At 75 feet deep,it "At the moment, we cannot egark with is too narrow to develop, so we enforce trespass warnings on Del the emphasis on quiet walkways leading through a manicured botanical garden. are envisaging a linear park with tona land,"said Huffor,but once it paths We is under the jurisdiction of the No picnicking or partying will be allowed, and there will be no recreational fixtures other to develop a beautiful landscaped Parks department, we will be than a few benches for people to sit on and enjoy area that will not disturb residents backed by a variety of ordinances the viewin the area,and which will help and will be able to enforce park The planned project is a Community Oriented increase their property values." rules. Policing initiative which will be done in con- Huffor said the county would junction with County Parks and Recreation,and not accept the land from Deltona unless it was assured that the corm ■ Deputy Huffor welcomes still needs approval from the county itself accord- ing to Marco Island COPS deputy Mark Huffor. munity of Marco Island could get comments at 394-5129.Meeting In addition,the park would need the support the park established. dates for community input will be of local service clubs and private individuals, To this end,he is arranging a announced well in advance. SEE PAGE A10:PARK 4.11111181:11111.1.171111111111111111.1111111111111111111111.1.M.11.1111111.1111111111111111.111111.111111111111111.11111111.1111 �r— '` �IL� ttecu[Iue tduor CL�A—\\ I E RON DELHOMME • OperationsManager A NEW YORK TIMES COMPANY DAVE KIM LER WILLIAM R. TAMPLIN Circulation Manager FOUN DEE-Pu B LI SH ER 1968-1982 GARY GRUNWALD Editorial The time • has come for skater _ _ KIMLER WILLIAM Although rain this past Saturday dampened plans for having the Marco YMCA skate park open,weather did not wash away the hopes of area businesses to see the problems of trespass skating eliminated.The skate park,when opened within the next few weeks,closes the door on the most often heard skating violation excuse,'There's no place else for us to go." Through the volunteer work of fund-raisers and builders,the$31,000 skate park will offer design and desirability resulting from skater input and state-of-the-art engineering.What remains to be seen is if all the rhetoric skaters have spouted is true and we will indeed find them flocking to the new facility. The YMCA should be applauded for what it is willing to offer skateboards and in-liners.The facil- ity will stress safety,athletic prowess and values. Daredevil feats that used to entail jumping off back loading docks and post office steps can now be executed in a well-designed yet challenging -- arena.The costs to participate will be minimal considering the administration and insurance coy erage afforded by the Y. Parents,let this be your wake-up call.Your kids now have somewhere to go that is structured and supervised.You should use your authority to require children to stay off restricted areas and use the Y facility. Business owners,post this editorial.Let viola- tors know that you will report them if they skate where it is illegal. Officers,skaters who break the law should be penalized.Violations will no longer occur because there are no other areas to skate.Violators and their parents cannot use this excuse any longer.Skaters who continue to flout the law and risk injury upon themselves and others need to know that there will be legal charges attached to their actions. And to all who helped make the skate park a reality,let them know that their efforts were not • in vain.That a win-win situation can result from the development of a place that offers safe skat- ing while returning safe pedestrian walkways to Marco Island. • DRAFT COLLIER COUNTY PARKS AND RECREATION EFFECTIVE POLICIES AND PROCEDURES MANUAL DATE: SUBJECT: CREATION OF NEIGHBORHOOD PARKS PAGE CATEGORY: NUMBER: POLICY: Neighborhood Parks created after January 1,1997 shall be provided by "the private sector and the City of Naples with the County's focus on larger park types, " as written on page six (6) in the "Recreation and Open Space Element" of the Collier County Growth Management Plan. Alternate resources such as multiple service taxing districts, civic association fundraising activities, or private sector donations may be utilized to fund the Neighborhood Parks. Parties interested in providing the commumt with a Neighborhood Park must provide the Parks and Recreation Department with written verification of such funding opportunities. The private sector shall also agree to maintain the park unless a separate arrangement is made between the director and the private sector. Neighborhood Parks must meet all safety standards and maintenance guidelines adhered to by the Parks and Recreation Department. Parties may consult staff on all construction details and maintenance. 4 • MEMORANDUM TO: Marla Ramsey, Director Parks and Recreation Department FROM: Michael H. Dowling Real Property Specialist Real Property Management Department DATE: April 21, 1997 RE: Collier Model Aeronautic Club, Inc. Please find attached the Lease Agreement concerning the referenced organization addressing the three (3) month monitoring period. As we discussed, you are in agreement with the language inserted under Article 2 and will submit the Lease to the Parks and Recreation Advisory Board for final approval. Please advise me as to acceptance or revisions following your meeting Wednesday. Once PARAB approved the terms of the Agreement, I will advertise this Agreement as required by Florida Statute and submit same to the Board of County Commissioners for approval. After acceptance by the Board, I shall provide fully executed copies to you and the Club for future reference. Please feel free to contact me at extension 8991 with any questions concerning this matter. Thank you. attachment as stated rrr • Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 1997, between COLLIER MODEL AERONAUTIC CLUB, INC., a Florida not-for-profit corporation, whose mailing address is 40 Turquoise Avenue, Naples, Florida 34114, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail,Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property adjacent to the Manatee Elementary and Middle School described as thirty (30) acres, more or less, located within Section 11, Township 51 South, Range 26 East, Collier County, Florida, and which is more particularly depicted on Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of the operation of a model airplane flying club. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on January 31, 1997 and ending January 30, 2002. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease Agreement, to renew same for one (1) additional term of five (5) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. During the first three (3) months of this Agreement, commencing at the time in which this Agreement is executed by both parties, the LESSOR shall randomly monitor the noise level at the Demised Premises for sound level limits pertaining to LESSEE'S use of the Demised Premises. LESSOR shall ensure that LESSEE is complying with Collier County Code Section 54-92, Code of Laws and Ordinances of Collier County, Florida. If, at any time during the three (3) month monitoring period, the LESSEE is non-compliant with said Collier County Code, LESSOR or LESSOR'S agent will immediately advise LESSEE verbally of such violation. LESSEE will immediately correct the non-compliance upon LESSOR'S verbal notice. If the non-compliance is not corrected at the time of said notice, LESSOR, or its agent, shall cease operations at the Demised Premises until such time as the non-compliance is resolved. A written notice of LESSEE'S non-compliance shall be forwarded to LESSEE'S President advising of LESSOR'S findings to the address set forth in this Agreement via Certified Mail, Return Receipt Requested. LESSOR shall continue its random monitoring of the Demised Premises throughout the Lease term and any renewals thereof for compliance of Collier County Code Section 54-92 related to LESSEE'S operation. If at any time LESSEE is non-compliant of said Code, LESSOR shall cease operations at the Demised Premises until such time said non-compliance is corrected. If the non-compliance is on-going and cannot be corrected in the opinion of the LESSOR, this Agreement shall be terminated upon written notice by LESSOR to the address set forth in this Agreement via Certified Mail, Return Receipt Requested. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum upon the anniversary date of the execution of this Lease Agreement. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to charges for gas, electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication services used, rendered or supplied thereupon or in connection with , • the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE • agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Use of the Demised Premises The Demised Premises shall be occupied and solely for purposes of the operation of a model airplane flying club by LESSEE and shall be subject to rules and regulations as to hours of operation and scope of operation as may be provided by LESSOR or its designee to LESSEE in writing, any such regulations being in addition to the covenants and agreements contained herein. LESSEE covenants and agrees: A. That the hours of operation at the Demised Premises shall extend from the hours of 8:00 a.m. to sunset on Tuesdays, Thursdays, Saturdays and Sundays. B. That the use at the Demised Premises shall be restricted to members of LESSEE and their families. C. To keep the Demised Premises in a careful, safe, clean and proper manner; keep the service areas adjoining the Demised Premises clear of debris, and not permit any rubbish or refuse of any nature to accumulate. D. To prevent the Demised Premises from being used in a way which will injure the reputation of same or may be a nuisance, annoyance, inconvenience or damage to the neighborhood or adjoining or surrounding properties. E. To abide by all rules and regulations established by LESSOR or its designee which may be established from time to time. F. Not to use, occupy, suffer or permit the Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules and regulations of any public authority or in any manner so as to increase the cost of hazard insurance to the LESSOR over and above the normal cost of the LESSOR. LESSEE will, on demand, reimburse LESSOR for all damages caused by LESSEE'S use of the Demised Premises,whether or not LESSOR has consented to such use. I 2 G. The LESSEE, its members, guests and invitees shall not fly hand-held, radio-controlled airplanes over the Manatee School facility, including outside activity areas or any residences within the area. H. The LESSEE, its members, guests and invitees shall not fly any model airplanes with engines of five (5)horsepower or more at the Demised Premises. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 10. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and No/Cents ($300,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00)each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. if said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR 3 will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default is cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (0 If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 12, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty(30)days, pursuant to the Florida Mechanics Lien Law. ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Collier Model Aeronautic Club, Inc. c/o Real Property Mgmt. Dept. c/o Donald Carnes 3301 Tamiami Trail East 1120 Aztec Court Administration Building Marco Island, Florida 34145 Naples, Florida 34112 cc: Office of the County Attorney 1 4 I 1111111. • ARTICLE 15. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. General Provisions LESSOR fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 20. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 21. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. 5 4 • ARTICLE 22. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk TIMOTHY L. HANCOCK, Chairman AS TO LESSEE: LESSEE: COLLIER AERONAUTIC CLUB, INC., DATED: a not-for-profit Florida Corporation BY: Secretary (signature) DONALD W. CARNES, President (print name) WITNESS (signature) (print name) WITNESS (signature) (print name) Approved as to form and legal sufficiency: I Heidi F. Ashton Assistant County Attorney 6 0 NEI. • "Pr V7/Cf.._.) 7.".. "%-i' v.i • • • .42\s\ 1.(.7,.... .-A-< .. .-• . . v.../ 1 \.e. ... AP EA ' +' • ...i./..).'rt7-C7.4"1" i_, 0 / - ±.,..,s,..7.1:7044.....P 1 i - 0 - - 1 I —„ N. , ri.. .r.„4„I:71:41,10c , 6pr--t (r..0t20 t;rie,• •-r>. ' -1 ''• _r._..-42-4,- .6,-rr,$) (,--',.., AN VAI)V 'N. N c:rvpiall--) 0 yi ---mui...c.4-4 i II N c,'... . .._,, 5-- e0 I'lf-14..\---1------;. 441, 1 i..,-,,,,,,,..) 1 . --ic2-1 1 \ 7,,.... EA Liz)c-ypaLwrkf.<-0..j.:2cA.,..., ! ), C2-7 so. 1 \ N ' \ N. -4-114 Ksm e...4_vs,94 1,4 KIK- ,.......,. . \ ..< . ) .1•K---E- C.-r\tple-AL . Ier\UTTean.e.:)1(cqc=i'c--4" -,i'‘40..a.,,A01.11-.,• I. . 1110 x 1 I . 1 ---,- .e-....ir,e.....,V.---rEAC-1=-----7> 4;-----5"-_.-1 ( 1- i- , (1 i , --- 1.1. .- ID 1._C.,1 7 . '.- ...e.,,-----NiFrz-V- -- , \NATe*,12_ , . .. . li ON I 1 I F-AF0..—r_--i:•(. , • [..46,4 71-D , ...,„ , - ,... • II .:,.. x ...: L__., a Lease# LEASE AGREEMENT 0 THIS LEASE AGREEMENT entered into this day of , 1997, between Lee Cypress Water and Sewer Co-op, Inc., a non-profit Florida corporation, whose mailing address is P.O. Box 26, Copeland Florida 34137, hereinafter referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at 812 Church Street, Copeland, Florida, further described as the East '/z of Section 13 Township 52 South, Range 29 East, Parcel "Y", Copeland, Collier County , Florida, as shown in Exhibit "A" which is attached and made a part of this Lease, hereinafter referred to as the "Demised Premises", for the sole purpose of developing and operating a neighborhood playground. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of twenty-five (25) years, commencing on the date by which this Agreement is executed by both parties. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall become effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSOR and LESSEE hereby agree that no rent shall be paid or collected for the utilization of the Demised Premises. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all costs associated with the construction, maintenance and operating expenses associated with the approved use. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. Said changes, alterations, additions or improvements to the Demised Premises shall, when made or installed, be deemed as property of the LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, • ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Within thirty (30) days from the termination of this Lease or any renewal term thereof, LESSEE shall remove any and all additions, improvements, alterations and installations which were placed in, on or upon the Demised Premises by LESSEE and repair any damage occasioned to the Demised Premises by such removal of same. Said removals and repairs shall be made at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnity and Insurance To the extent legally possible, the parties will continue to maintain their respective insurance or self-insurance arrangements in effect at the time of the commencement of this Lease, however, nothing in this Lease shall be deemed to require the specific limits of liability purchased or the method used by either party to finance their respective insurance programs. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If the Demised Premises is not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 2 -41 ARTICLE 12. Notices 0 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Lee Cypress Water and Sewer Co-op, Inc. do Real Property Mgmt. Dept. P.O. Box 26 3301 Tamiami Trail East Copeland, Florida 34137 Administration Building Naples, Florida 34112 cc: Office of the County Attorney Parks and Recreation Director ARTICLE 13. Non-Discrimination The LESSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or nation origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Rules and Regulation s of the Secretary of Transportation. The LESSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. The LESSEE assures that it will undertake an affirmative action program as required by 14 CFT Park 152, Subpart "E", to insure that no person shall on the grounds or race, creed, color, nation origin or sex be excluded from participating in any employment activities covered in 14 CFT Park 152, Subpart "E". The LESSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. The LESSEE assures that it will require its covered suborganizations, if any, to provide assurances to the LESSEE that it similarly will undertake affirmative action programs and that it will require assurances from its suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. The LESSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the Federal Government may direct to enforce this non-discrimination covenant. ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. LESSEE shall remove all improvements and fixtures from the Demised Premises at the expiration, or earlier termination of this Agreement. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTICLE 16. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed 3 . federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 17. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BY: , Deputy Clerk TIMOTHY L. HANCOCK, Chairman AS TO THE LESSOR: DATED: LEE CYPRESS WATER AND SEWER CO-OP, INC. a non-profit Florida Corporation ATTEST: BY: , Secretary JANE DEVLING Title: WITNESS (signature) (CORPORATE SEAL) print name WITNESS (signature) print name Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 4 EXHIBIT "A" ivitti a. . . .. • U _ . • . ?A a,"•/ N / v ..• / N i r+ / S. --i'l ' r' ' /1 / / 1 �43,.rt , ��I�u ' I 1 I �F / /a.f /4 _ . _,1 u 9.Z.- y Vii---ri"If' v ?q r c G / ,SZ I £ t" n u V 'y �� ;ro n TT�TT�—T fi. ° LLQ • / 1�1, � /,7 / 74 c rtg �� ' � ZS ❑�;i / N 7', 1 41 I Ji f ' / . .. �. , ,.y 1}.__LL1 1 -1•/1: '/ e/l aC k i nl G rU rl .5- ,• [� r v .is' ii,...0 111 rq �� Q nd / ` l! ! �� tt , 1 ..x /f rtt-,44:--7-1 k•',.r- ''•.":: , ,---rw. , E f 15131 l'?)•• Sir' ---vAiii-17:. 41/ ,,.. ,4,. -3- , 0- r 147) u /11 ,. -lt., 4'/ i ,,,,�• I .ii I j1 c a 1 1 e„:,' ;I \,''� a'��i�/ 9 y��1 1. A I I �N ,,<� `I , ' i' ;I,o ,� ,. j' ' J Jd 1 J! I S 4 ..... ,, �� ,�' l a....1.! 44• li •a' ,� garT^�. .� �I 1./ tt1 �'"'' 0 t e, Y.2,-1. l^ ..•7 Gr• N; ^ ... i,,y �� —r.' \�-77.a :.7 -..? .` ❑ l.`._i r'), I�."7, I 4tir 'r .Ji�,1�: • �I ^I ./. / ./ �i \ r, „,.., 1 ji _ I 1 1 7-- ,C-.,1— icy I. / / 6 • A.bb1114APHI AAAA 3CCfiON____ �i /3 3 TETT cOIJ1r R C.OUNT^t, FLORIDA row►r>u�r �._ �� sa GC711►itio m 43AAMrq IT.4(i �A?44! '2 11W 1 COI-00W CAA'IUD b DAAW}I. 49..... P110►IATY AMAAldiA 0.RVifICN UA1ti, 19. � tv1 x ....,•,�>o,...,, ..../.4.,-..,./.,...,•,../......._ .,>•\4:=„•\_4:.,./.,.,4=:,v, 00 HISPANIC HERITAGE0 0 .> 0 CELENBR ('' lION 0 .> 0 "CINCO DE MYO 0 0 0 .„---- ce, 9 T.,' AY (0 0 ... • , ,-,-,, 431 FAMtLY ENTERTAINMENT SATURDAY-MAY 3RD, 199 q • ti � ' eaq0 4°‘f 11 :00 = 7:00 P. I. • . , c0 � IMMOKALEE AIRPORT , \• . 4.?; s` = o , 0 .4.4p.r.,0. COMMUNITY PARK • • •.9 '' 0 SR 29 & AIRPORT ACCESS RD c to 00 <' *LIVEENTERTAINMENT* •> 0 CB <• �> 0 *HISPANIC FOODS. *KIDDIE RIDES d GAMES* 0 • 0 *ARTS a CRAFTS* *DANCING d MUCH MORE* Ce 0pNp RECq,O,,Lie ??0Z CC_ IJICOLLIER COUNTY PUBLIC SCHOOLS 0 --iiv . 41? • - ,:. 0 , 0 at•. -- . . (r; •,-' s ;\ C) iniNITIV U I • EVERYONE WELCOME .t.r. 4 vaRix--7-..-:---r: (t,, 07SEEYOU � � r r`r a .. tie Or JA R :: V )1W1SVI tli • 0 e • , io, <. 4'+ FOR MORE INFORMATION CALL: •> 8 JOE LOZANO 657-6516 .ESS1E SERRATA 657-3649 OR l(8 <� ANNIE PAPPALARDO •> 0 COLLIER COUNTY PARKS AND RECREATION 657-1447 0 r ......, ,.. . ...... Join Th Friends of the Park C''' fora P • A. ° i • , a ,...„„. Chartary *601 Night , 30.;,.A.- ��iInO 1 IA vTT ii `o,�,ER coat the 4, ., D P _ 4,,,,. ,00 IN • 4 RECItFP NO CI D J ° J When : Friday, May 23, 1997 Time: 7pm - 11pTn (Dining and warm up games available prior to game) It's a Win Win Situation.. with your ehanae to Win ig 'ingo ueks & a sure win for a summer 0 Fun 1or Immokalee ehiWrenI This fun - fund Raising event is sponsored by the friends of the Park in order to raise scholarship funds to help send many Immokalee children to Summer Camp at the Immokalee Cummunity Park. Without this scholarship money, many Immokalee children will not have the opportunity to participate in this rewarding program which features two field trips per week, planned sports, events, crafts and a daily lunch. Please help assure these children are NOT home alone this summer! Tickets must be purchased in advance, please call The Immokalee Community Park for reservations&information 941-657-4449 $35.00 ticket price includes full level 2 Bingo Package L 4 cC/�/�j{( V efe V�►��1 5{1( Inv A,( /C/CJ �� a' �i� CrGu�v�� C%y/ ili✓✓Gv�vv/'.✓ t,. r;4,. , 3301 East Tamiami Trail•Naples,Florida 341124977• til John C.Norris (941) 774-8097•Fax(941)774-3602 '* District 1 Timothy L. Hancock,AICP District 2 Timothy J.Constantine March 19, 1997 District 3 Pamela S.Mac'Kie �p District 4 ( -4 Barbara B.Berry -- 8 District 5 r U O Ms. Billie Cheney - P.O. Box 5021 Immokalee, FL 34143 F . %.‘" r w c Subject: Parks and Recreation Advisory Board Dear Ms. Cheney: While convened in regular session on March 18, 1997,the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on December 31, 1998,or at such time as the Board re-appoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. By copy of this letter, we are requesting Marla Ramsey to provide you with any additional information you will need as a member of this committee. On behalf of the Board of County Commissioners,I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory board. Very truly yours, 7/11/ Timothy, . Hancock, Chairman .. Commissioner, District 2 TLH:sf cc: Marla Ramsey, Parks and Recreation Director 1.