PARAB Agenda 05/27/1998 a
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CITY OF. . - NAPLES .�
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COLLIERI COUNTY
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JOINTBEACH ACCESS
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MP ROVEMEN PROGRAM
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1998 - 1999 . '
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CITY OF NAPLES/COLLIER COUNTY
BEACH ACCESS IMPROVEMENT PROGRAM
1998-1999
The joint City of Naples/Collier County Beach Access Improvement Program funding
requirements is $100,000. The following summary of improvements targets fourteen of the forty
beach access points in the City of Naples. The improvement program for the next year will have
a budget of$100,000.
Summary of Beach Access Improvements
1. 3rd Avenue North $ 2,000
• 2. 2nd Avenue North $ 6,450
3. 14 Avenue South $ 2,600
4. 2nd Avenue South $ 2,600
5 6th Avenue South $ 8,400
6. 7th Avenue South $ 5,600
7. 8th Avenue South $35,850
8. 9th Avenue South $ 1,450
9. 10th Avenue South $ 6,200
10. 11th Avenue South $ 2,100
11. Broad Avenue South $ 8,000
12. 13th Avenue South $ 3,500
13. 14th Avenue South $ 7,800
14. 33rd Avenue South $ 7,450
TOTAL $100,000
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1. Brick Pavers 300SF
2. Bike Rack
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1. Brick Pavers 300 SF
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1. Brick Pavers 400 SF
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1. Brick Pavers 700 SF
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1. Brick Pavers 400 SF( Street Level)
2. Handicap Access Ramp
3. Bike Rack(Ribbon)
4. Stairs and Retaining Wall
5. Shower/Drinking Fountain
6. Benches(Molded Concrete) —6
7. Brick Pavers Walkway 1,100 SF
8. Landscaping & Irrigation
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9. 10"' Avenue South
1. Brick Pavers 640 SF
2. Bike Rack (Ribbon)
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1. Brick Pavers 300 SF
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1. Brick Pavers 480 SF
2. Shower/Drinking Fountain
3. Bike Rack(Ribbon)
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1. Brick Pavers 300 SF
2. Bike Rack(Ribbon)
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1. Brick Pavers 300 SF
2. Bike Rack (Ribbon)
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4. Landscaping(Palms)
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PARKS&RECREATION
May 13, 1998 COMMUNITY SERVICES DEPARTMENT
Ms. Marla Ramsey
Director, Collier County Parks&Recreation
3300 Santa Barbara Boulevard
Naples, FL 34116
Dear Marla,
I have been asked to author a second CIP budget request to the County. It will involve a
proposed matching grant from the County of$60,000 to support Phase III of the Landing
Development. You will recall that the County required that the City officially approve the
Landing Master Plan as a prerequisite to the County considering further funding of this facility.
The City Council is expected to approve the Master Plan at its May 20th meeting.
The County CIP staff indicated that I could still submit the proposal to satisfy that staff's
requirements. I have done so.
As your Board,the Community Services Advisory Board of the City and the elected officials
have agreed, the City staff needs to present any future CIP proposals to your Board prior to
County Board review and consideration.
Although I recognize that timing is not good, I am requesting your consideration of adding the
Landing proposal to your agenda on May 27th. I can add the Landing presentation to the Beach
Walkover discussions. If this is okay, I presume you will want presentation packets sent to you.
I can do that at an early date.
If I miss your call, I will try from this end. Your assistance is appreciated.
Sincerely,
Donald J. Wirth
Community Services Director
cc: Dr. Richard L. Woodruff, City Manager
z:\worddata\don\letters\landingeountycipmatdh-ramsey
275 THIRTEENTH STREET,NORTH • NAPLES,FLORIDA 34102
TEL:(941)434-4680 FAX:(941)262-5640
1
UNIVERSITY OF
FLORIDA Cooperative Extension Service
Institute of Food and Agricultural Sciences
14700 Immokalee Road
Naples, FL 34120
Tele: 353-4244
Suncom: 974-5098
COPV FAX: 353-7127
April 27, 1998
RECEIVED
Letter Sent to all Park Board Members APS 2 it^,
PARKS&RECREATION
Dear:
I am writing you on behalf of the Friends of Extension Committee. We spoke to you at your
January meeting here at the Extension office. It was a pleasure to spend the time with you and to get
the chance to explain who we are and what we want to accomplish with the Southwest Florida
Horticultural Resource Learning Center.
We want to thank the Parks Department for providing us with the fill that was brought to us
from Sugden Park. This helped us with our start up needs on phase one. I am enclosing an itemized
breakdown of where the $38,000.00 we had informed you we would need for the phase one
hardscape would be used.
We also really appreciate the input you gave us on ways we may try to reach our goals. We
would still like for you to consider partnering with us on this project. We feel that it would be a win-
win situation and that the residents of Collier County would be the biggest winners.
We would like to schedule a time when we can talk to you further, and would appreciate any
ideas or suggestions you might have that would help our gardens grow.
Sincerely,
Bob Petersen
Urban Horticulture Agent
Collier County
Enclosure
cc: Marla Ramsey, Director/Parks
Thomas W. 011iff, Division Administrator
The Institute of Fond and Agricultural Sciences is an Equal Employment Opportunity-Affirmative Action Employer authorized to provide research,educational
information and othrr services only to individuals and institutions that tunction without regard to race,color,sev,age,handicap or national origin.
COOPERATIVE EXTENSION won:IN At JZ5.L I.TURE,IIOME ECONOMICS,STATE OF FLORIDA,IFAS,UNIVERSITY OF FLORIDA,
L.S.DEPARTMENT OF AGRICL'I.mu,AND 130AIZDS OF COUNTY C'OMMISSIONERs COOPERATING.
I
Phase One Hardscape Expense Estimate
Paths 2550 Sq. Ft. @ $8.00 ft $20,000.00
Irrigation 500 ft. 3 In. Main Line including valves,wire, etc $2,200.00
Irrigation miscellaneous for indivdival gardens $4,000.00
Mainteneance Shed $12,000.00
I
Total $38,000.00
C
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. Vineyards Community Park Report on 8/26/98
b. Clam Pass Community Park
Reported By Staff a. Immokalee Community Park Report on 9/23/98
b. Immokalee Recreation/Aquatic
m. .mph it 1),Ct 4 (VAt t n & kie Community Park Report tin 10128/98
1228/98
h. Golden Gate community Centk° °
c. Max ii sse Jr., Community Part
Gil Mueller: a. Frank Mackie Community Park Completed 4/22/98
b. Tigertail Beach
c. Collier County Racquet Center
John Grice: a. East Naples Community Park Report on 5/28/98
b. Sugden Regional Park
a. Bayview Community Park Report on 6/24/98
b. South Naples Community Park
Joseph Zaks: a. Cocohatchee River Park
b. Lely Barefoot Beach Report on 7/22/98
PARKS AND RECREATION
ADVISORY BOARD
MEETING SCHEDULE
2:00 p.m.
DATE LOCATION
1. May 27, 1998 Vineyards Community Park,6237ArborDr. West
2. June 24, 1998 Sugden Regional Park, Outer Drive
3. July 22, 1998 Immokalee Community Park,321 N. 1s`Street
4. August 26, 1998 Golden Gate Community Center, 4701 Golden Gate Pkwy
5. September 23, 1998 Max A. Hasse Jr. Community Park, Golden Gate Blvd
6. October 28, 1998 T.B.A
7. November 25, 1998 T.B.A
8. December 23, 1998 T.B.A
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. PARAB meets every 4th Wednesday of each month.
** MEANS A DATE OR A LOCATION HAS BEEN CHANGED.
BEACH PARKING SURVEY
Sarasota County:
No fee beaches are on a first come first serve.
St. Petersburg Beach:
Meter parking: $1.00 per hour
Residents pass: $15.00
Non-resident pass: $50.00
Pasco County:
No beach fees unless the park over night.
Lee County:
$3.00 per day or$.75c per hour in the meter
Annual pass: $35.00
Ft. Walton Beach:
No fees
Dade County:
$1.00 per hour in meter
Residential pass: $113.75 now to September
$275. Now to March of 99
(these permits are only given to residents in the area of the beach and vary with the
location and proximity to the beach).
Municipal lots permit $53.25 per month
•
19417740225 COUNTY ATTORNEY 740 P01 MAY 26 '98 09:40
PUBLIC MEETINGS: SUNSHINE LAW
L INTRODUCTION
The following is a general discussion (overview) of the requirements of Florida's
"Government in the Sunshine Law," related to public meetings which read in pertinent parts as
follows:
SCOPE OF SUNSHINE LAW
286.011- Public meetings and records;public inspection;. . . -
(1) All meetings of any board or commission of any . . . . agency or authority of any county .
. . at which official acts are to be taken are declared to be public meetings open to the public at all
times . . . .
(2) The minutes of a meeting of any such board or commission . . . . shall be promptly
recorded, and such records shall be open to public inspection. ***
[PLACE OF MEETINGS ]
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility
or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic
status or which operates in such a manner as to unreasonably restrict public access to such a
facility. ***
PUBLIC NOTICE-M. NUTTES
Section 286.0105, F.S. reads in pertinent part:
"Notices of meetings and hearings must advise that a record is required to
appeal. Each board, . . . shall include in the notice of any meeting. . . the advice
that, if a person decides to appeal any decision made by the board, agency, or
commission with respect to any matter considered at such meeting or hearing, he
will need a record of the proceedings, and that, for such purpose, he may need to
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based."
Discussion of"Voting Conflicts" is in Part VII herein. "Board" is used herein to include
board, commission, agency, authority, group, body, and/or individual that may be subject to the
requirements of the Sunshine Law. "F.S."refers to Florida Statutes.
a
19417740225 COUNTY ATTORNEY 740 P02 MAY 26 '98 09:40
'iii-
: 0 : Z O . : : : • ' : ) : Il. ' k .II► ' : a
The Sunshine Law applies to all of the boards of the County, including special taxing
districts 1 and all advisory boards. 2 It applies to members of a board who have been elected or
appointed immediately upon election or appointment, and before being sworn in. 3 It applies to
all meetings formal or informal, including organizational meetings, ` executive sessions, 5
workshops, conferences and any other gathering where a matter is discussed if it is foreseeable
that the matter being discussed could later come before the board for action.
The substance of the item of discussion is controlling, not the form of the discussion.
The intent of the law is that discussions between board members, directly or indirectly, such as
through an intermediary, 6 are prohibited except at properly noticed meetings if any item under
discussion could foreseeably come before the board for action. In one case where a CEO met in
rapid-fire succession with each member of a board, it was held by the Commission on Ethics that
the Sunshine Law had been violated because the CEO had acted as an intermediary among the
various board members even though there was no direct evidence that the CEO informed any
board member of what another board member had said. ' In cases of doubt, board members
should cease discussion and follow the open-meeting requirements. s The entire decision-
making process must be in the Sunshine,which includes all inquiry and discussions. 9
It is a violation of Florida's Sunshine Law whenever two (2) or more members of a board
discuss in a setting other than a"public meeting"any matter between or among themselves if it is
foreseeable that the matter being discussed "out of the sunshine" could later come before this
board for action. The Sunshine Law applies to any gathering, no matter how informal, including
discussions at a 10 minute break, out in the hall, over the telephone, by memoranda, by
computer, 10 or otherwise. The sunshine Law applies to every step in the decision making
process."
Exceptions:
'AGO 71-171. Compare AGOs 78-11 and 85-78.
'Town of Palm Beach v.Gradison,296 So.2d 473 (Fla.1974). .' ' • .a• •:,•.. , .,..• - ',•.
Bim,535 So.2d 694(Fla. 3 DCA 1988);IDS Properties.Inc.v.Town of Palm Beach,279 So.2d 353 (Fla.4 DCA
1973);AGO 70-155.
'AGO 74-40. Hough v.Sternbridpo,278 So.2d 288(Fla.3 DCA 1974).
°Ruff v.Schoen:Id.Of Collier Connbc,426 So.2d 1015(Fla.2 DCA 1982).
s Ciiy_of Miami Beach y, Berns,245 So.2d 28(Fla. 1971).
6 Blackford v.School Bd.Of Orange Counp',375 So.2d 578(Fla.5 DCA 1979).
'Blackford v.School Boardnf Orance Cty.,375 So.2d 578(Fla.5 DCA 1979).
°Krause v.Rem,36 So.2d. 1244(Fla. 3 DCA 1979).
'Wolfson v.State, 344 So.2d 611 (Fla.2 DCA 1977).
10 AGO 89-39.
" Times Publishing co.v.Williams,222 So.2d 470(fla.2 DCA 1979).
mw
AW
r
19417740225 COUNTY ATTORNEY 740 P03 MAY 26 '98 09:40
c a
A. Fact - Finding Boards. A limited exception to applicability of the Sunshine Law
exists for an individual or group whose function is strict limited to fact finding. 12 If the board
has authority to do more than merely find facts, such as making recommendations, the board is
not exempt from the open meeting requirements."
B. Meetings With Staff. In almost all cases a meeting between one board member
and county staff personnel is no/ subject to the Sunshine Law. 1° The Sunshine Law applies,
however to a matter where a staff member has been delegated authority that is within the
authority of the board but is not within the authority of the staff member but for the delegation.
In such a case a meeting between any board member and the super delegated staff member must
be in the Sunshine.15
C. Delegation of Authority to a Single Board Member. If a board delegates to any
one of its members any decision - making authority on behalf of the board that the individual did
not have but for such delegation, such as, for example, screening applications, rejecting contract
provisions, or making any decision that, but for the delegation, was within the authority of the
full board and not the individual, then the Sunshine Law applies to the individual. 16 In such a
case if the board as a whole is required to be in the Sunshine to meet with a non-board member,
then the sole board member who is delegated any board powers must meet in the Sunshine,
However, if the individual possesses such authority under a statute, chapter, ordinance or job
description, apart form any delegation by a board, then the individual can exercise such authority
out of the Sunshine. " In such a case the staff member who has been delegated powers of the
board is treated as a full member of the board for the purposes of the Sunshine Law.
D. Labor Negotiations: Certain labor caucuses are exempt from the Sunshine.1e
III. Place of Meetings.
Except where a statute or county ordinance limits where meetings of a board can be
located, 1' a board may meet anywhere within Collier county provided the building, room, or
12 Cape_Publications,Inc.v.City of Palm Bay,473 So.2d 222(Fla. 5 DCA 1985);bigelow v,Howze,291 So.2d 645
(Fla. 2 DCA 1974);AGO 85-76.
17 Wood v.Marston,422 So.2d 934(Fla. 1983).
"OccidentaLChemical Co.v.Maya,351 So.2d 336(Fla. 1977);Wood v.Marston,422 So.2d 934(Fla. 1983).
U News-Press Publishing Co..Inc.v.Carlson,410 So.2d 546(Fla, 2 DCA 1982);City of_Sunshine v.News and Sian
-Sentenel Co„542 So.2d 1354(Fla.4 DCA 1989).
16 AGOs 90-17,74-84 and 75-41.
"City of Sunrise v.News_and Sun-Sentenial Co„542 So.2d 1354(Fla.4 DCA 1989).
1''Basso v.Braddock,262 So.2d 425 (Fla. 1971). The exception applies only during actual pending labor
negotiations and when the public employer meets with his own side.
19 For example, Section 5 of County Ordinance 91-68 requires that regular meetings of the Collier County
Environmental Advisory Board be held in the Commissioners'meeting room,3'd floor,Building F,Collier County
Government Complex. Regular meetings of the Citizens'Advisory Task Force are to be held in the Collier county
Government Center and its advertised public hearings must be held ouside of the complex and must be held within
any church,school, or community center within the"community at large." The Code Enforcement Board must
meet at the Government complex(Ord. 83-43). At least 1 of every 4 meetings of the collier County Planning
19417740225 COUNTY ATTORNEY 740 PO4 MAY 26 '98 09:41
other location where the meeting is held can accommodate all members of the public who desire
to attend the meeting. No facility may discriminate as to entry or public participation on the
basis of sex, age, race, creed, color, origin, or economic status, or because of physical
characteristics as t unreasonably restrict public access. Private buildings should be used only
when no public building is available. Luncheon and dinner meetings should be avoided. The
room where a meeting is held should be such that all discussions between or among board
members can easily be heard by members of the public who are present.20
Inspection Trips. Inspection trips are permissible subject to adequate public notice
and reasonable opportunity of members of the public to attend the field trip. 21
IV. P 7AL_LIC NOTICE OF PROPOSED MEETING.
If a board is required by a statutes, code, or the board's rules, to provide public notice in a
specific way, the board should follow the specific requirements. 22 The Florida"Sunshine Law"
does not require any specific requirements of the type of notice a board must give to inform
members of the public of a scheduled meeting of the respective board. 23 There are too many
situations on which to specify generally applicable requirements. However, the Attorney
General of Florida, in the 1991 edition of the Government - in - the - Sunshine Manual,
recommends the following notice guidelines be followed whenever possible:
1. The public notice should contain the time and place of the meeting and, if available, an
agenda. (If no agenda is available, subject matter summations of the meeting can be
used; and
2. The written public notice should be prominently displaced in the area in the County's
offices normally set aside for such posting; and
Commission shall be held in the Immokalee area if matters before the CCPC concern or address Immokalee
considerations.(Ord. 85-51).
10 AGO 71-159.
21 Biglow v.Howse. 291 Wo.2d 645 (Fla.2 DCA 1974).
u For example,the Collier County Planing Commission must give"due public notice"as required by chapter 163,
F.S. (Ord. 86-144). Chapter 67-1246,Laws of florida,provides tha the CCPC and the Boards of Zoning Appeals
must publish a public notice at least 15 days before the meeting in a news paper of general circulation int he"area"
and such notice must state the nautre of matters to be discussed and that written comments properly filed with an
"appropriate designated official"will be heard. As to the CCPC,Section 163.3164(17)F.S.,requires that notice of
public hearings be published two times in newspaper of general circulation,the first not less than 14 days prior to
the hearing and the 2nd at least 5 days prior. For a hearing or other meeting regarding the comprehensive land use
plan held pursuant to Section 163.3213(5)(a)and(b),and®,Florida Statutes,and any vested rights hearing held
pursuant to Section 11.6 of county Ordinance No.90-23,it may be advisable to afford all parties to the hearing a
notice with the specific items set out in Section 120.57(1)(b)(2),F.S. Sec. 125.56,F.S.has special notice
requirements for adoption of building codes by the County.
73 AGO 73-170 and 80-78.
ogir
19417740225 COUNTY RTTORNEY 740 P05 MRY 26 '98 09:42
3. Emergency sessions should be afforded the most appropriate and effective notice under
the circumstances. Special meetings should have at least 24 hours reasonable notice to
the public; and
4. The use of press releases and/or phone calls to the wire services and other media is highly
effective. On matters of critical public concern such as rezoning, budgeting, taxation,
appointment of public officers, etc., advertising in the local newspapers of general
circulation would be appropriate.
Written public notice for any county board should always be posted on the bulletin board
on the northeast corner of the first floor of Building F in the government complex. Also, if the
meeting is planned to be held in a building other than Building F, notice should also be posted at
all major entrance ways of the first floor of the building where the meeting is planned to be held.
The requisite public notice is required for each and every meeting that is subject to the
Sunshine Law. The notice is required if only two members of a board plan to discuss any matter
that may foreseeably come before their board for a decision. 2, Public notice is also required
whenever an individual, who has been delegated decision - making authority from a board,
meets with any person to discuss an item that could come before the delegating board for later
action.
Continuance of Item to subsequent Meeting. Whenever an item being discussed by a
board is continued for discussion or action to a subsequent meeting, it is recommended that
whenever possible the chairperson of the board should announce to the public the specific
subsequent meeting at which the item will be discussed. However, if continuance to a certain
specific meeting is not then known, the item can be postponed or continued without announcing
the exact date when the item will be discussed later.
Notice to Publi; of Need to Make Record of Proceedings. Section 286.0105 F.S. reads in
pertinent part:
"Each board . . . shall include in the notice of any meeting . . . the advise that, if a person decides
to appeal any decision made by the board, agency, or commission with respect to any matter
considered at such meeting or hearing, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based."
Where a board acts as a quasi-judicial body or takes official action on matters that affect
individual rights of citizens, as distinguished from the rights of the public at large (which require
hearings), the board or commission is subject to the requirements of Section 286.0105. 25 It is
recommended that the subject specific notice clause be added to each and every written notice to
24 Jones v.Ta zler,238 So.2d 91,92,(Fla. 1970)Justice/Adkins(concurring specially).
25 AGO 81-6 and 89-82.
.41011111111111111 AMIN
19417740225 COUNTY ATTORNEY 740 P06 MAY 26 '98 09:42
be posted (and on each written agenda of every board) rather than to make exceptions based on
somewhat fund (no bright-line) distinctions between different types of meetings.
V. MNUTES OF MEETINGS.
Section 286.011(2), F.S. reads in pertinent part as follows:
4
"The minutes of a meeting of any such board . . . shall be promptly recorded and such records
shall be open to public inspection . . ." (Emphasis supplied).
"Minutes" are a brief summary or series of brief notes or memoranda of a proceeding.
"Minutes" are less than a verbatim transcript of the proceeding. 26
There are apparently no reported judicial decisions or AGOs that discuss what "promptly
recorded"means in the context of Section 286.011(2).
If it is a practical impossibility to `promptly"make a record of all minutes in a form that
is "open to public inspection," it will be necessary to prioritize the recordation of minutes. Like
"due public notice," decisions on which minutes should be placed in a format that is "open for
public inspection" will depend on the surrounding facts and circumstances of each specific
situation. Specific cases will dictate decisions regarding proper prioritization if staff cannot put
all minutes into a form that is "immediately available"for inspection by members of the public.
YL PUBLIC PARTICIPATION AT MEETINGS.
Because of practical necessity, there are limits as to how much time must be given to
allow members of the public to actively participate at a given public meeting. There are very few
judicial decisions in Florida on the question of the extent of public participation that must be
afforded members of the public at public meetings and/or public hearings. There are a few
judicial decisions where the Court has parenthetically noted, without discussion or analysis, that
members of the public have a right to be heard. 27 However, the Florida Supreme Court has held
that the public had no right to speak or otherwise actively participate at meetings conducted to
select candidates for a position of employment at a state university. 29 In that case members of
the public had a right to be present and passively observe the proceedings, but had no right to be
heard or otherwise actively participate.
There is no clear basis on which to discern when the public has a right to speak or
otherwise actively participate at a meeting. Of course, the public has the right to speak and
otherwise present evidence to a board at public hearings, as distinguished from public meetings.
26 AGO 82-47.
t7 Board of Public Instruction of Broward County v.Doran,224 So.2d 693, 699(Fla. 1969);Town of Palm Beach v,
bison, 296 So.2d 473,475 (Fla. 1974);Krause v.Reno,366 So.2d 1244, 1250(Fla.3 DCA 1979).
4 "R Wood v.Marston,442 So.2d 934(Fla. 1983).
4
I
MEMENNOMIN
19417740225 COUNTY ATTORNEY 740 P07 MAY 26 '98 09:43
A board may adopt reasonable rules to require orderly conduct at all meetings, including
public hearings and, subject to such rules, the chairperson has considerable discretion to control
the time and extent of active participation of those individuals who desire to speak and/or present
written material, charts, graphs, etc.,to the collegial body.
The First Amendment of the United States Constitution applies (1 to meetings where the
law requires active public participation and (2) to meetings that do not require public
participation as a matter of law, but where the rules of the board allow such active participation
by members of the public. 29 The chairman may, nevertheless, control the meeting in accord with
rules that regulate time, place and manner of expression which are (1) content neutral (2)
narrowly tailored to serve a significant government interest, and (3) leave open ample alternative
channels of communications. A speaker cannot be cut off from speaking merely because the
chairperson dislikes the content of the speech except where the speaker is making a persona]
attack on a board member, chief executive officer, staff member, as distinguished from criticism
of a decision, action, etc. Board regulations that are based on considerations other than content
are permissible, such as failure to stay on the topic when under discussion, or exceeding a time
limit for each speaker. Conservation of meeting time is a significant governmental interest, at
least where other persons may also desire to speak on any item on the agenda.
The method of curtailment, such as removal of a person from the meeting, need not in
fact be the least intrusive or least restrictive means to correct the problem in a specific instance to
pass requirements of the first Amendment. In case of improper conduct by a speaker, the
chairperson must make a judgment call without the benefit of leisurely reflection. A person who
has a right to speak can be restricted or curtailed before the speaker's statement is finished if that
speaker is given an opportunity to present additional information in writing to the board any time
before the final decision by the board is made. Such alternative channel of communication is
sufficient to meet the requirements of the First Amendment.
Section 112.311(3) F.S. reads in pertinent part:
"It is likewise essential that the people be free to seek redress of their grievances and express
their opinions to all government officials on current issues and past or pending legislative and
executive actions at every level of government."
Apparently, this Section has not been construed by any reported judicial decision or
Attorney General's Opinion to grant a right to speak or otherwise actively participate at a public
meeting.
Tape Recording. Finally, members of the public must be allowed to tape record the
proceedings.30
29 Jones v.Heyman,388 F. 2d 1328(11th Cir.1989).
30 AGO 77-122.
hart)
From: smith m
Sent: Tuesday, May 19, 1998 1:50 PM
To: hart)
Subject: Advisory Board Nominations
Jacquie,
I have just talked to Mr. Olesky and he was wondering as to what is going on with the advisory board. I told him
that his approval will go before the BCC next Tuesday. He then asked me when the next meeting will be. I told
him next Wednesday at the Vineyards.
He then asked if when the name tag is made for him he would like it to read as follows:
Ed " Ski " Olesky I dont know if I spelled his last name correct.
If you have any questions please advise.
Thanks
Murdo
Page 1
e
Memorandum
To: Sue Filson, Administrative Secretary
Board of County Commission
From: Murdo Smith, Recreation Manager
Parks and Recreation
Date: April 23, 1998
Re: Parks and Recreation Advisory Board Selections
At their regular meeting on April 22, 1998, the Parks and Recreation Advisory
Board interviewed applicants for two vacant positions and ranked them accordingly:
Immokalee Area:
Mr. Edward Olesky was ranked#1 for the Immokalee area.
Naples Urban Area:
Ms. Sandra Buxton ranked#1 with 3 first place votes and 1 second.
Ms. Korin English ranked#2 with 1 first place vote and 3 seconds.
Ms Jane Ostrowski ranked#3 with 4 3`d place votes. Ms Ostrowski did not attend
the meeting.
The Department was informed on 4-23-98 by Ms. Buxton that she wishes to
withdraw her name from consideration.
If you have any questions or if I can be of further assistance, please advise.
Immokalee Chamber of Commerce
( ,\-- 907 Roberts Avenue
Immokalee,Florida 33934
(813) 657-3237
April21, 1998
Collier County Parks and Recreation
I am writing this letter to recommend Mr. Edward R. Oleskyto your Board of Directors.
I have known Mr. Olesk,for the past four years. He has always been the most helpful member of
the Chamber of Commerce Board. He recently won the Immokalee Citizen of the Year Award.
This is presented to the most outstanding citizen who dedicates himself to community service. He
is always the person who is involved when it comes to the children of this community. He is the
best Santa Claus I know, and all the children love him. When it comes to helping with fund
raisers and community events he is always the first one to volunteer. His efforts on behalf of Lake
} Trafford, are the reason the lake is being recognized by the Federal and State Governments
I cannot think of another person who would be a greater asset for your board. Please feel free
to give me a call if I can be of further service to you.
Sincerely,
Carol Losa de Lara
Chamber President
DATE: March 12, 1998
TO: Timothy L. Hancock, Commissioner District 2
FROM: Thomas W. 011iff, Public Services Administrator ko
SUBJ: Ms. Bernadette Carroll
Thank you for forwarding the memo/phone message from Ms. Bernadette Carroll (copy
attached)who was asking about a waiver from the $3.00 Barefoot Preserve parking fee. I
have talked with Ms. Carroll, and unfortunately because she lives in Lee County there is
no means by which she can be exempted from paying the fee. However, while I dislike
circumventing the County's fee schedule, because she was interested only in the Friends of
the Barefoot Beach group, I suggested that she might ride into the Preserve with a Collier
County member who had a sticker on their car. While this solves the problem and does
so within the parameters of the ordinance, Ms. Carroll was not impressed and in fact
thought it was a rather silly idea. Sorry, but wanted you to know we did try.
I will talk to Marla Ramsey and perhaps PARAB about reconsidering the sale of beach
passes for seasonal visitors and neighboring Lee County residents like Ms. Carroll. The
Parks staff and PARAB have discussed but not forwarded the idea of selling a pass, as
both believed that it would result in less revenue than the current daily fees. Should you
have any questions regarding this, please do not hesitate to call.
TWO/jb
Attachment
cc.: Bob Fernandez, County Administrator
Marla Ramsey, Parks and Recreation Director
Receiver
COLLIER COUNI'y
PARKS&RECREATION
PUBLIC SERVICES DIVISION ON COURSE FOR SUCCESS
MEMORANDUM
DATE: March 9, 1998
TO: Tom 011iff, Public Services Administrator
FROM: Timothy L. Hancock,AICP
Commissioner, District 2
RE: Attached telephone message
I received a telephone call from Ms. Bernadette Carroll who lives in Lee County
(Phone#948-0135) concerning the $3.00 fee to park at local parks. Please contact
Ms. Carroll and respond accordingly.
Thank you for your assistance.
;// ,Timothy . , AICP
Commi sioner, District 2
TLH:vgr
Attachment
RECEIVED
MAR 1 01998
PUBLIC SERVICES
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To Naples Engraving,
Attn: Mr. Grant Leitch Field Purchase Order: #755797
Phone: (941) 262-4449
Fax: (941) 263-4011
Edward "Ski" Olesky
Parks & Rec. Advisory Board
Karin E. English
Parks & Rec. Advisory Board
Please make a name plates for the above mentioned names also
make name plates with wine/burgundy background. Thank
You!!
If you have any questions, please call Jacquie at 353-0404.
Also when name plates are ready for PICK UP please call.
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i'' Immokalee Chamber of Commerce
� 907 Roberts Avenue
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Immokalee.Florida 33934
(813) 657-3237
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April 21, 1998
Collier County Parks and Recreation
I am writing this letter to recommend Mr. Edward R. Oleskto your Board of Directors.
I have known Mr. Oleski/for the past four years. He has always been the most helpful member of
the Chamber of Commerce Board. He recently won the Immokalee Citizen of the Year Award.
This is presented to the most outstanding citizen who dedicates himself to community service. He
is always the person who is involved when it comes to the children of this community. He is the
best Santa Claus I know, and all the children love him. When it comes to helping with fund
raisers and community events he is always the first one to volunteer. His efforts on behalf of Lake
Trafford, are the reason the lake is being recognized by the Federal and State Governments
I cannot think of another person who would be a greater asset for your board. Please feel free
to give me a call if I can be of further service to you.
Sincerely,
geziAZ idzit,
Carol Losa de Lara
Chamber President
06 -13/ 1.538 16: :414344620 al.TYOFNAFLEE. FACIE di/6.
by; A:
wo Ow me d
±oL. CITY COUNCIL
MAYOR
BILL BARNE7T '�- FRED W COYLE
R.JOSEPH HERMS
VICE MAYORW't JOHN R.NOCERA
BONNIER. MAC KENZIE FRED TARRANT
PETER H. VAN ARSDALE
June 19, 1998
Ms, Marla Ramsey, Director
Dept. of Parks &Recreation
Collier County Government
3300 Santa Barbara Blvd.
Naples, FL 34116
RE: Letter of June 18th -Funding Request for The Edge Skate Park
Dear Ms. Ramsey:
Thank you for your invitation to attend the monthly PARAD meeting on June 24th at 2:00
p.m. At this late date I am unable to re-arrange my schedule and therefore will not be
able to attend, but a member of our Community Services Department will be attending in
my place. Please make the proper arrangements to place this matter on the agenda.
It was a disappointment to me to read that the Parks and Recreation Advisory Board will
not be bringing their:recommendatiort to?thc Board of County Commissioners until the
`` and the Na les
September budget' 1t axrngShoe th �etin iso iree ithii s away p
Community is looking:to the.Councill4 mbers,to yis th rt:Ytt,their pursuit of-funds for
The Edge Skate Park, is there any possib lity of 1ia rcg;thi& mportant:issue brought
before the Commissioners before September'I ' ?
I look forward to visiting with you upon my return and would like to thank you in
advance for any consideration and assistance you may be able to provide us.
. Sincerely,
10/94 �ileact-
Lr))e,�'
John Nocera
City Council Member
735 EIGHTH STREET SOUTH • NAPLES,FLORIDA 34102.6796 print.d oo RcereloC Piper
TELEPHONE(941)434-4601 • FAX(941)x34-4355
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