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Backup Documents 05/24/2011 Item # 8ACOLLIER COUN'T'Y FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Person: Marcia R. Kendall. Senior Planner Date: 04/26/2011 Petition No. (If none, give brief description): CP- 2008 -5 Immokalee Area Master Plan Adoption Amendments Petitioner: (Nance & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) N/A Hearing before x BCC BZA Other Requested Hearing date: May 24 201 L Based on advertisement appearing 20 clays before hearing. Newspaper(s) to be used: (Complete only if imporlant,): x Naples Daily News ❑ Other Proposed Text: (include legal description & common location & Size: See Attached Companion petitioo(s), if any & proposed hearing. date: N/A ❑ Legally Required Does Petition Pee include advertising cost' X Yens 1 ❑ No If Yes, what account should be charged for advertising costs: I 1I- 1 38117- 649100 -00000 TO-* 14 5 LV 12�'� � � �� Q(O 9 / 7 Reviewed by: Division Administrator or Designee Date List Attachments CP- 2008 -5 Advertisement 12eyuest and Advertisement Display Map A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda tile: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE" "/ Date I2eceivrd: _ _ _jj „__ Date of Public hearing: 512 Date Advertised: Jam' /� I►8 A "I May 24, 2011 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Wednesday, Msv•04. 2011, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Section of the Land Development Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a ",],L° page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: Land Development Services Department [Comprehensive Planning Section] FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500122420 ACCOUNT NUMBER: 068778 08A NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, May 24, 2011 at 9:00 a.m. in the Board of County Commissioners chamber, third floor, County Government Center, 3299 E. Tamiami Trail, Naples. The purpose of the hearing is to consider recommendations on the adoption of Petition CP- 2008 -5 amendments to the Growth Management Plan; specifically to the Immokalee Area Master Plan and Immokalee Future Land Use Map; the Conservation and Coastal Management Element; the Future Land Use Element and Future Land Use Map and Map series for transmittal to the Florida Department of Community Affairs; The ordinance title is as follows: ORDINANCE NO. 1I- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Mao, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator: Carolina Valera, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment are available for inspection at the Collier County Clerk's Office, 4" floor, Administration Building, Collier County Government Center, East Naples, Florida; and the Land Development Services Department, Zoning Serv, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services 8A'441 Department. (239 -252- 2387). Written comments filed with the Land Development Services Department prior to Tuesday, May 24, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) MI T 48S T47S T48S T493 T60S T613 T52S I T6SS « �,�r uw 3ma �f 8 A & Coffie'r County IMMOKALEE AREA MASTER PLAN COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM Date: April 13, 2011 From: Immokatec Area Master Plan CRA To: Comprehensive Planning Section of Land Development Services Department Subject: CP- 2008 -5 Adoption BCC Re- advertisement associated with proposed changes to the hnmokalee Area Master Plan, amendments to the Growth Management Plan Please process the Adoption Cycte Amendments (BCQ Re- advertisement fee in the amount of $1,265.40 per the following funds and cost centers associated with this project. Please expedite this request as required with the appropriate account to facilitate this transfer as follows: From: 186- 138324- 649100 - 00000 Legal Advertisine Qnnnokalee Area Master Plan CRAI To: 111- 13831.7_649100 =00000 Legal Advegisin Com nehensive Planning Section, Land Development Setvices) Penny mmo l l P rllippi, Dire Iee Community Redevelopment Agency Cc: Mike Bosi, Comprehensive Planning Manager David Weeks, Growth Management Plan Manager Immokalee Community Redevelopment Agency • 310 Alachua Street, • Immokalee, FL 34142 8 A Acct. #068778 April 26, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CP- 2008 -5, Immokalee Area Master Plan — Adoption Amendments (Display Ad w /Map) Dear Legals: Please advertise the above referenced notice on Wednesday, May 4, 2011. Please send the Affidavit of Publication in TRIPLICATE, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500122420 so, 8t A . May 24, 2011 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Wednesday. May 04, 2011, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Section of the Land Development Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104 and to the Minutes and Records Department, 3299 Tamiami Trail E., Building F, 4t" Floor, Naples, Florida 34112. The advertisement must be a "114" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: Land Development Services Department [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500122420 ACCOUNT NUMBER: 068778 8 A ''4 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, May 24, 2011 at 9:00 a.m. in the Board of County Commissioners chamber, third floor, County Government Center, 3299 E. Tamiami Trail, Naples. The purpose of the hearing is to consider recommendations on the adoption of Petition CP- 2008 -5 amendments to the Growth Management Plan; specifically to the Immokalee Area Master Plan and Immokalee Future Land Use Map; the Conservation and Coastal Management Element; the Future Land Use Element and Future Land Use Map and Map series for transmittal to the Florida Department of Community Affairs; The ordinance title is as follows: ORDINANCE NO. 1I- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural /Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator: Carolina Valera, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment are available for inspection at the Collier County Clerk's Office, 4`h floor, Administration Building, Collier County Government Center, East Naples, Florida; and the Land Development Services Department, Zoning Serv, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services IP 8 A Department. (239- 252 - 2387). Written comments filed with the Land Development Services Department prior to Tuesday, May 24, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) Asa T 46 T47S T4fiS T49S T5 IFTT 53S A NMO OWMOab llNMO 30YO O 6 C W m LO 0 m a s U N (� Q CL W v LL s N Om ¢ u ¢ W uNnoo AaaN3N ' O � ¢ �Y A bz — a's ez a's s ffi a b N ez -'a's > ¢ y - E3 m N - � — V ¢ I AlHI1JJ 331 N W N W ¢ s bS h w � I58 — tl'J N fi 3 P m ISfi oN ¢ 4 w p5 SL —lU � N u— y Sly a5 O c MP,xjoo of ' 6 Gulf ers �8A' Martha S. Veraara From: Martha S. Vergara on behalf of Minutes and Records Sent: Tuesday, April 26, 2011 9:17 AM To: Kendall, Marcia Subject: RE: Re- Advertisement for TAMP Adoption Amendments continued from April 12, 2011 BCC to May 24, 2011 BCC - (Interoffice Payment received!) Ok, received From: KendallMarcia f mailto :MarciaKendall@collieroov.netl Sent: Tuesday, April 26, 20117:37 AM To: Minutes and Records Cc: Bosi, Michael; BrockMary]o; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David; Lorenz, William; Valera, Carolina; PhillippiPenny; BetancourtChristie; MuckelBradley Subject: Re- Advertisement for IAMP Adoption Amendments continued from April 12, 2011 BCC to May 24, 2011 BCC - (Interoffice Payment received!) Attached is a PDF of the complete re- advertisement request and PDF copy of payment by Immokalee CRA. Also included, is the "Word" version and associated "PDF Map" to be forwarded onto NDN for processing the request. Please acknowledge receipt at your earliest convenience, and forward confirmation for final approval as soon as it is available. Thank you! Route Sheet, Ad &Map /Payment IGC memo: For NDN's use: Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax:239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law . e -mail add,osses are public n:cords. If you do not want your e -mail address released in response to a public records request do not send electronic mail to this entity. Instead conlact this office by telephone of m writing Martha S. Vergara 8 A From: Martha S. Vergara Sent: Tuesday, April 26, 2011 9:45 AM To: Kendall, Marcia, 'NeetVirginia' Cc: 'RodriguezWanda' Subject: AD - CP- 2008 -5 TAMP for the 5 -24 -11 BCC Meeting Attachments: CP- 2008 -5 IAMP (5- 24- 11).doc; CP- 2008 -5 TAMP Map (5- 24- 11).pdf Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara@collierclerk.com JP8A," From: Martha S. Vergara jmailto :Martha.Veraara@collierclerk com_] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha veraaraDcolliercierk com Please visit us on the web at www.collierclei-k.coni This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(cbcollierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ! J 1)1k i I Iona, I ,1w e -man aodi sses are pudhc ieco[Sls II you do not want your email address released in response to a public fecoWs request do not send ,,,er I u, I ,, mail .o [ius enlgy Inr 1 e 3d.. coma 1 ' !his office by I,tlophono or in wntiuq is n I Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 9:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -snail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara jmailto: Martha .VergaraCcbcollierclerk.coml Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.verQara0collierclerk.com Please visit us on the web at www.collierclerk.com �8A '4, This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(o)collierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Honda Law. e mad andre�ses Die public fecuids. If you do not want you[ e mail address released in response to a public records request, do not send de dome mail to this erdity. Instead contact this office I.y .alephone .,r in writing Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, April 26, 2011 10:10 AM To: Kendall, Marcia Cc: 'RodriguezWanda'; Ann P. Jennejohn;'NeetVirginia', Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Tracking: Recipient Read Kendall, Marcia 'RodriguezWanda' Ann P. Jennejohn 'NeetVirginia' Patricia L. Morgan Read: 4/26/2011 10:14 AM Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia fmailto• MarciaKendall(cbcolliergov.netl Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to N DN for their process! what I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marclakendall@colliergov.net Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara s A From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendali@colliergov.net Under Florida Law, e -marl addresses are public records. If you do riot wantyou, e -mail address released in response to a public records request do riot send electronic mail to this entity. Instead, con tact th is office by telephone or in writing. From: Martha S. Vergara Finai Ito: Martha .VeroaraC&collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia f mailto :MarciaKendall@colliergov.netl Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [mai Ito: Martha .Vergara(cbcollierclerk.coml Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha ver4ara( collierclerk com Please visit us on the web at www.collierelerk.coni This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. �8A Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit 10'�of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk2colliercierk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. U lid or Rnnda I aw e -mail addresses are public records. If you an not want your e -mail address n 7e,ised in response to o public, records request, de, not send electronic mail to this entity. Instead. cenGeet this office by telephone or in writing. Martha S. Ver From: Martha S. Vergara Sent: Tuesday, April 26, 2011 11:03 AM To: Kendall, Marcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 TAMP for the 5 -24 -11 BCC Meeting Tracking: Recipient Read Kendall, Marcia RodriguezWanda Ann P. Jennejohn NeetVirginia Patricia L. Morgan Read: 4/2612011 11:14 AM � 1 • OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking forfinal approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2357 EFax: 239.252.6675 Email: rnarciakendaii@colliergov.net r► 8 A 4 Under Florida L,iw, e -mail addresses are public records. If you no not wantyour e -mail address released in response to a public records request, do not send electronic mail to this entity instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e-mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 9:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Im For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskColcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida t -aw, e -mail addietar.s are public records. It voe no imt want your e -mall address relr aced in esporse to a public records request. do not se rid electronic mail to this entity It AS ,Id. contact this office by I('Wphone or in writing 1 8A " Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 11:16 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Understood! O Therefore, I will approve what you send back to me (and also forward to the CAO office for their approval). However, I still request to receive and approve NDNs version. This way it satisfies both our concerns. I'm more concerned what NDN does with it, as they've messed up many times than I have. But that could be due to the fact that I have additional eyes looking at what I send to the Clerk, to avoid that problem. Sure some slip through the cracks, but overall we have a good process, I think! Thanks much! O Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ma ! Ito: Martha.Vergara @colIierclerk.com] Sent: Tuesday, April 26, 2011 11:03 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, �° 8 A "If I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -niail addresses are public records. It do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NON, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! �8A What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 9:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.eom This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskCdcollierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under fdonda taw. e -mail addresses are public records. It you do riot wane your e -mail address released in respoi me to a public records request, do riot send electronic mail to this entity. Instead contact this office by telephone cr in writing. 8 A Martha S. Vergara From: RodriguezWanda [WandaRodriguez @colliergov.net] Sent: Tuesday, April 26, 2011 11:22 AM To: Kendall, Marcia; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan, GundlachNancy; Deselem, Kay; Ashton, Heidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Inserting my two cents worth in this conversation... O With the recent changes in advertising procedure I know we all are trying very hard to get things right. I have observed some slight differences in the 'ad requests' being presented to the Clerk's office from the Growth Management division folks. Some, like Marcia, send them over expecting them to just be formatted and sent on to the NDN for publication, while others (Nancy and Kay ?) do request another round of confirmation before the ad is sent on. I think the ladies in the Clerk's office are just trying to treat all these requests the same way, so maybe a little more discussion is needed on this point in the process so that everyone is on the same page. Our office is also being asked to "confirm" the finalized ad request, even when we have already reviewed the exact wording before the ad request is even sent to the Clerk's office. This may be redundant, but if that's what it takes for everyone to feel comfortable with the process and the ad's accuracy, I have no problem with that. However, since the particular ad in question is for a BCC meeting, I will defer to Dinny and /or Heidi to approve the forwarding of this ad to the newspaper. Regards, Wanda Rodri,uez, ACP Advanced Certified I'aralcead phone :(239)252 -8400 fax: (239)252 -6300 New address as of November I 2010: ('011ier County Office of the County Attorney 3399 1 amiami In I:., Suite 800 Naples, PI, 301 I2 -ti749 From: KendallMarcia Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where 8A 4A In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not wantyour e -mall address released in response to a public records request, do riot send electronic mail to this entity. Instead, contact this office by telephone or iu writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, 48 A e Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax:239.252.6675 Email: marcial<endall@colliergov.net Under Florida Law, e -mail addresses- are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic ,nail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011131 Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Collier-Clerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. int la , Vida Law. e -mail add, s es are 00t) I U records. If you do not want your e -mail address released in response to a public records request. do not send c "I'll: m,aJ t ^.s enuly nslaa(j . wild t II i, orfice b/ +lephone ,r in wvritiny. 8A Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 11:42 AM To: RodriguezWanda; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan, GundlachNancy; Deselem, Kay, Ashton, Heidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting If I might make this one simple! This particular advertisement already ran for BCC's April 12th, 2011 meeting. The BCC continued this item beyond the 5 week deadline. It is a re- advertisement with no changes! That is mainly why I just want to see NDN's version for approval. In future, if the advertisement requests are not re- advertisements, I'm ok with just approving what I send to the Clerk, even if I find that a bit redundant. It clearly gives me another chance to catch any error on my part! However, what my concern has always been is that sometimes NDN makes the error (not from what I send) and when I receive copy for approval, I've had to request they correct it. As long as someone is still doing that function, I'm good. Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: RodriguezWanda Sent: Tuesday, April 26, 2011 11:22 AM To: KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Trish L. Morgan; GundlachNancy; DeselennKay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Inserting my two cents worth in this conversation... @ With the recent changes in advertising procedure I know we all are trying very hard to get things right. I have observed some slight differences in the 'ad requests' being presented to the Clerk's office from the Growth Management division folks. Some, like Marcia, send them over expecting them to just be formatted and sent on to the NDN for publication, while others (Nancy and Kay ?) do request another round of confirmation before the ad is sent on. I think the ladies in the Clerk's office are just trying to treat all these requests the same way, so maybe a little more discussion is needed on this point in the process so that everyone is on the same page. i8 Our office is also being asked to "confirm" the finalized ad request, even when we have already reviewed the exact wording before the ad request is even sent to the Clerk's office. This may be redundant, but if that's what it takes for everyone to feel comfortable with the process and the ad's accuracy, I have no problem with that. However, since the particular ad in question is for a BCC meeting, I will defer to Dinny and /or Heidi to approve the forwarding of this ad to the newspaper. Regards, Wanda Rodriguez, ACP Advanced Certified Pnralagal phone (2239) 252 -8400 faa: (239) 252 -6300 New address as of November 1, _2010: Collier County Office of the County Attorne} 3299 Tamiami l7. E., Suite 800 Naples, FI- 341 12 -5749 From: KendallMarcia Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendail@colliergov.net Under Florida Law, e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office try telephone or in writing. �8A From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e-mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from N DN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(&collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florda law. e -mal addresses are publ(c records. If VOL do not want your e -mail address released in response to a public records request. do not send honk mad tO to s enoty no ead, cnnta,t this oltIce by telepnone or in writing 8 A , " Martha S. Vergara From: NeetVirginia [VirginiaNeet @colliergov.net] Sent: Tuesday, April 26, 2011 11:46 AM To: RodriguezWanda; Kendall, Marcia; Martha S. Vergara Cc: Ann P. Jennejohn; Patricia L. Morgan; GundlachNancy; Deselem, Kay, Ashton, Heidi Subject: RE: AD - CP- 2008 -5 TAMP for the 5 -24 -11 BCC Meeting Ladies: The County Attorney has directed that there shall not (shalt not ?) be any mistakes in advertising. My direction is to, whenever I am copied on an ad request, whether it be from the Clerk's Office, County Manager's Office or Department, forward the email to the attorney of record (in this case Heidi). Not often, but omissions and typos will occur at any time during the process. I still hold my breath when I proof the actual newspaper ad for accuracy. I do not mind proofing multiple times if necessary. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 New address as of November 1, 2010: Collier County Office of the County Attorney 3299 Tamiami Tr. E., Suite 800 Naples, FL 34112 -5749 IJI aei 'lo:ida I .iw e, mad addresses are pull is reeorda If you do not want your e -mall address released (n response to a pl1dG records request, do not send oleclronlc mail to this entity. Instead C oI tact this office by ielepnone. or in writing. From: RodriguezWanda Sent: Tuesday, April 26, 2011 11:22 AM To: KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Trish L. Morgan; GundlachNancy; Deselen-Kay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Inserting my two cents worth in this conversation... O With the recent changes in advertising procedure I know we all are trying very hard to get things right. I have observed some slight differences in the 'ad requests' being presented to the Clerk's office from the Growth Management division folks. Some, like Marcia, send them over expecting them to just be formatted and sent on to the NDN for publication, while others (Nancy and Kay ?) do request another round of confirmation before the ad is sent on. I think the ladies in the Clerk's office are just trying to treat all these requests the same way, so maybe a little more discussion is needed on this point in the process so that everyone is on the same page. �w8A Our office is also being asked to "confirm" the finalized ad request, even when we have already reviewed the exact wording before the ad request is even sent to the Clerk's office. This may be redundant, but if that's what it takes for everyone to feel comfortable with the process and the ad's accuracy, I have no problem with that. However, since the particular ad in question is for a BCC meeting, I will defer to Dinny and /or Heidi to approve the forwarding of this ad to the newspaper. Regards, Wanda Rodriguez, ACP Advanced Certified Paralegal phone: (239) 252 -8400 tas: (239) 252 -6300 Nev, address as of November I. 2010: Collier County Office of the County Attorney 3299'famiann ,Fr. L, Suite 800 Naples, FL 14112-5749 From: KendallMarcia Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. ]ennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If yen do not want yom e -mail address released in response to a public records t equest, do not send electronic mail to this entity. Instead, contactth is office by telephone or in writing. I�8 p �. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 9:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not wantyour e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, r 8 A ... vwm J For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.coIlierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing hglodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of entails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. under I londa Law. e mail addresses are t ublic I(cords If you do not want You; cniall addrass mlF ase'd in responsa to a put hr ecords request . de nol send it i I I n I :: Tied Ir, this enoly nsl nf . runt O t t off f'(' b, `e ephone nr In vriiinq. s A 101 Martha S. Vergara From: DeselemKay [KayDeselem @colliergov.net] Sent: Tuesday, April 26, 2011 11:54 AM To: NeetVirginia; RodriguezWanda; Martha S. Vergara Cc: Ann P. Jennejohn; Patricia L. Morgan; Ashton, Heidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting So I am not the only one holding my breath, huh? Whew, that is good to know. I am such a rookie at this advertising thing that I will take all the help I can get —Like Dinny —my goal is that there are no mistakes! Whatever it takes to make that happen is OK with me. I know Dinny saved my bacon when she found an error in the NDN ad for Addies Corner —they had changed a date from 12 to 221 1 was so grateful that there was another set of eyes on the stuff at that stage. I am still not sure that I have accurate instructions, as I get different directions from different sources, so I am winging it a bit sometimes. I was instructed to ask for that second confirmation, but if it is a problem, we can change the instructions. As always, if there something that I can do to make the process go more smoothly, just let me know. I will pass the word to the zoners — limited to Nancy Gundlach & Ray Bellows for now. Kay Deselem, A.TCP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 -252 -2931 fax. 239 - 252 -6357 kaydeselem@colliergov.net From: NeetVirginia Sent: Tuesday, April 26, 2011 11:46 AM To: RodriguezWanda; KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; Trish L. Morgan; GundlachNancy; DeselemKay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies: The County Attorney has directed that there shall not (shalt not ?) be any mistakes in advertising. My direction is to, whenever I am copied on an ad request, whether it be from the Clerk's Office, County Manager's Office or Department, forward the email to the attorney of record (in this case Heidi). Not often, but omissions and typos will occur at any time during the process. I still hold my breath when I proof the actual newspaper ad for accuracy. I do not mind proofing multiple times if necessary. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 New address as of November 1 2010: Collier County Office of the County Attorney 3299 Tamiami Tr. E., Suite 800 Naples, FL 34112 -5749 1►o 8 A `r J1 1ndr i I oriOa I .,w e -nciiI adW >bes are public Iocords It ynu do not wait? yow e -mail address released in response to a Public records request d0 not send olectrnnn� mail to this entity. Instead contact this offIce!y olephone m in writing. From: RodriguezWanda Sent: Tuesday, April 26, 2011 11:22 AM To: KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Trish L. Morgan; GundlachNancy; DeselennKay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Inserting my two cents worth in this conversation... O With the recent changes in advertising procedure I know we all are trying very hard to get things right. I have observed some slight differences in the `ad requests' being presented to the Clerk's office from the Growth Management division folks. Some, like Marcia, send them over expecting them to just be formatted and sent on to the NDN for publication, while others (Nancy and Kay ?) do request another round of confirmation before the ad is sent on. I think the ladies in the Clerk's office are just trying to treat all these requests the same way, so maybe a little more discussion is needed on this point in the process so that everyone is on the same page. Our office is also being asked to "confirm" the finalized ad request, even when we have already reviewed the exact wording before the ad request is even sent to the Clerk's office. This may be redundant, but if that's what it takes for everyone to feel comfortable with the process and the ad's accuracy, I have no problem with that. However, since the particular ad in question is for a BCC meeting, I will defer to Dinny and /or Heidi to approve the forwarding of this ad to the newspaper. Regards, Wanda Rodriguez, ACP Advanced Certified Pnnlegal phone: (' - -39) 252 -8400 fax: (239) 2i2 -6300 No address as of November I, 2010: Collier County Office of the County Attorney 3299 Tani ami "fr. F., Suite 800 Naples, NI. 14112-5749 From: KendallMarcia Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting � 8 A'! Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net under Florida Law, e -mail addresses are public records. If do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writinh. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NON, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto: Marcia Kendall @colliergov. net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to N DIN for their process! 1► 8 A What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marcial<endall@colliergov.net Under Florida law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskracollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law e -mail addresses an, public iecoids. If you do riot want your e -mail address released in response to a public records request . do not send cle .!form inatl U this enhty. Imiead conta( t this oproe by telephone or in writing. 8 A Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 12:02 PM To: NeetVirginia; RodriguezWanda; Martha S. Vergara Cc: Ann P. Jennejohn; Patricia L. Morgan, GundlachNancy; Deselem, Kay; Ashton, Heidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Note taken! Thank youDinny! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: NeetVirginia Sent: Tuesday, April 26, 2011 11:46 AM To: RodriguezWanda; KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; Trish L. Morgan; GundlachNancy; DeselemKay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies: The County Attorney has directed that there shall not (shalt not ?) be any mistakes in advertising. My direction is to, whenever I am copied on an ad request, whether it be from the Clerk's Office, County Manager's Office or Department, forward the email to the attorney of record (in this case Heidi). Not often, but omissions and typos will occur at any time during the process. I still hold my breath when I proof the actual newspaper ad for accuracy. I do not mind proofing multiple times if necessary. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 New address as of November 1, 2010: Collier County Office of the County Attorney 3299 Tamiami Tr. E., Suite 800 Naples, FL 34112 -5749 Undei Ilorida Law e -mail addicssns are putli; records. It you do not want your email address released in response to a pubhu records request, do not send elechonic mail to tnis entity Instead contact this office by telepnone or in writing_ � 8 A From: RodriguezWanda Sent: Tuesday, April 26, 2011 11:22 AM To: KendallMarcia; Martha S. Vergara Cc: Ann P. Jennejohn; NeetVirginia; Trish L. Morgan; GundlachNancy; DeselemKay; AshtonHeidi Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, Inserting my two cents worth in this conversation... (D With the recent changes in advertising procedure I know we all are trying very hard to get things right. I have observed some slight differences in the 'ad requests' being presented to the Clerk's office from the Growth Management division folks. Some, like Marcia, send them over expecting them to just be formatted and sent on to the NDN for publication, while others (Nancy and Kay ?) do request another round of confirmation before the ad is sent on. I think the ladies in the Clerk's office are just trying to treat all these requests the same way, so maybe a little more discussion is needed on this point in the process so that everyone is on the same page. Our office is also being asked to "confirm" the finalized ad request, even when we have already reviewed the exact wording before the ad request is even sent to the Clerk's office. This may be redundant, but if that's what it takes for everyone to feel comfortable with the process and the ad's accuracy, I have no problem with that. However, since the particular ad in question is for a BCC meeting, I will defer to Dinny and /or Heidi to approve the forwarding of this ad to the newspaper. Regards, Wanda Rodriguez, ACP Advanced Certified Paralegal phone: (239) 2i2 -8100 fax: (239) 252 -6300 New address as o1'November L 2010: Collier County Oft-ice of the County Attorney 3299 1 amiami Tr. L., Suite 800 Naples, PL 34112 -5749 From: KendallMarcia Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. Ifyou do not wantyour e. -mail address released in response to a public records request do not send elechonic snail to this entity Instead, contact this office by telephone or in writing. From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. ]ennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. ]ennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, 8AF` Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida law, e -mail addresses are public records. if you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @colliercierk.com Please visit us on the web at www,collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing belodesk(@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk, com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under ' luntda .iw ., mail add eves aua public (" ("ds It you do not want yow e -mail address released n tespense to o public records request do not >e.nd - r u ,, ma ,�, nus en -ity instead. coma' I this (,thee ry to ephcne of in writmq. From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Friday, April 29, 2011 2:06 PM To: Minutes and Records Cc: Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Have you received PDF confirmation from NDN yet? I will need this by COB on Tuesday, May 3, 2011, as I need to post this on our website on Wednesday, May 4, 2011 the day the advertisement is to appear in NDN. I prefer to use their clean PDF, as opposed to any that would have to be scanned. They show up better when posted to the web. Please forward upon receipt (after approval by CAO of course). Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 11:03 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, 8A Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Friday, April 29, 2011 2:06 PM To: Minutes and Records Cc: Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Have you received PDF confirmation from NDN yet? I will need this by COB on Tuesday, May 3, 2011, as I need to post this on our website on Wednesday, May 4, 2011 the day the advertisement is to appear in NDN. I prefer to use their clean PDF, as opposed to any that would have to be scanned. They show up better when posted to the web. Please forward upon receipt (after approval by CAO of course). Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 11:03 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, � 8 A'" I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -marl addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this cotity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e-mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from N DIN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 9:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @colliercierk.com Please visit us on the web at www,collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. inua r rion!ia I aw e -mad addresses air p ibhc ,. voids. If you do nor want your e -mail address released in response to a public records request, do riot sand elecoonrz; mail to this entity Instead. contact this Of by telephone nr in mitu7q. From: Sent: To: Subject: M Legals NDN [legals @naplesnews.com] Friday, April 29, 2011 2:20 PM Martha S. Vergara RE: CP- 2008 -5 IAMP (5- 24 -11) Emefy Fagan Naples 'Daily News LegaC�Dept Direct Line: 239 - 213 -6061 xCLine: 239 - 263 -4703 Send notices to: legals(a)naplesnews.com From: Martha S. Vergara [mailto: Martha .VergaraCalcollierclerk.com1 Sent: Friday, April 29, 2011 2:17 PM To: Legals NDN Subject: CP- 2008 -5 IAMP (5- 24 -11) Legals, Please advertise the following attached ad on Friday, May 4, 2011, (Display Ad Map). Send an ok when you receive. Thanks, 1 8A Martha S. Vergara From: Sent: To: Subject: M Legals NDN [legals @naplesnews.com] Friday, April 29, 2011 2:20 PM Martha S. Vergara RE: CP- 2008 -5 IAMP (5- 24 -11) Emefy Fagan Naples 'Daily News LegaC�Dept Direct Line: 239 - 213 -6061 xCLine: 239 - 263 -4703 Send notices to: legals(a)naplesnews.com From: Martha S. Vergara [mailto: Martha .VergaraCalcollierclerk.com1 Sent: Friday, April 29, 2011 2:17 PM To: Legals NDN Subject: CP- 2008 -5 IAMP (5- 24 -11) Legals, Please advertise the following attached ad on Friday, May 4, 2011, (Display Ad Map). Send an ok when you receive. Thanks, 1 8 p Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.veraara(t)colliercierk.com Please visit us on the web at www.collierclerk.corn This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskCalcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: Sent: To: Cc: Subject: Tracking: Marcia, Martha S. Vergara on behalf of Minutes and Records Friday, April 29, 2011 2:23 PM Kendall, Marcia; Minutes and Records Patricia L. Morgan;'NeetVirginia' RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Recipient Kendall, Marcia Minutes and Records Patricia L. Morgan 'NeetVirginia' Martha S. Vergara Read Read: 4/29/2011 2:24 PM Read: 4/29/2011 2:24 PM I still hadn't gotten a reply from CAO. But went ahead and sent it on to NDN. As soon as I have it you will have it. From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Friday, April 29, 20112:06 PM To: Minutes and Records Cc: Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Have you received PDF confirmation from NDN yet? I will need this by COB on Tuesday, May 3, 2011, as I need to post this on our website on Wednesday, May 4, 2011 the day the advertisement is to appear in NDN. I prefer to use their clean PDF, as opposed to any that would have to be scanned. They show up better when posted to the web. Please forward upon receipt (after approval by CAO of course). Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax:239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 11:03 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting 8A`' OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of N DN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -snail addresses are public records. If you do nut wantyour e -mail address released in response to a public records request do not send electronic mail to this entity . Instead, contact this otfice by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN �8A please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. Jennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakeiidall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mailto this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 20119:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.colliercierk.com i► 8 A This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by entailing helodeskCvlcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. order i9OW12 i ew. e -mail addresses are public records If VOL) do not wan( your e, mail address �eI used in rest o ve to a publi m[ ords reriuest, do nol send _v. " thr, e 11 ty. Ir stead nnutar, thr, Ofie , b, lel,,phome or In w0 m, • • 1 Martha S. Vergara From: KendallMarcia [MarciaKendall @colliergov.net] Sent: Friday, April 29, 2011 2:29 PM To: Minutes and Records Subject: RE: AD - CP- 2008 -5 ]AMP for the 5 -24 -11 BCC Meeting Understood and thank you! O Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] On Behalf Of Minutes and Records Sent: Friday, April 29, 20112:23 PM To: KendallMarcia; Minutes and Records Cc: Trish L. Morgan; NeetVirginia Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Marcia, I still hadn't gotten a reply from CAO. But went ahead and sent it on to NDN. As soon as I have it you will have it. From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Friday, April 29, 20112:06 PM To: Minutes and Records Cc: Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Have you received PDF confirmation from NDN yet? I will need this by COB on Tuesday, May 3, 2011, as I need to post this on our website on Wednesday, May 4, 2011 the day the advertisement is to appear in NDN. I prefer to use their clean PDF, as opposed to any that would have to be scanned. They show up better when posted to the web. Please forward upon receipt (after approval by CAO of course). Thank you! Cordially, Marcia 8 A ,I k Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax:239- 252.6675 Email: marciakendall @colliergov.net Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 11:03 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting OK, So from here on you are only looking for proof from NDN. I am just trying to make sure it's right the first time sent so that it avoids having to kill and resend ads to NDN. Marcia, this isn't an issue, I just want to be sure I'm not missing any steps, old or new. As soon as the County Attorney's Office sends an ok I will forward it on to NDN, when a proof is sent I will forward it to everyone again. Not a Problem. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 2011 10:42 AM To: Martha S. Vergara Cc: RodriguezWanda; Ann P. Jennejohn; NeetVirginia; Patricia L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -I1 BCC Meeting Martha, I'm honestly not trying to be difficult. I do understand what you say you are doing. However, I do not see that you have added anything to this document, as it appears just as I sent it to you, including the PDF map. Unless I'm missing something you've added, and just don't see where In any case, anytime I ask for final approval whether you've added anything further or not, I'm asking for final approval of NDN's PDF version. No different than before, when I would request final approval of the BCC ads forwarded to the Clerks for processing. This has never been an issue before. Are we ok with my request now? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax:239.252.6675 Email: marciakendall @colliergov.net � 8 A'?% Under Florida Law, e -mail addresses are public records. Ifyou do not wantyour e -mail address released in response to a public records request, do riot send electronic mall to this entity. Instead, con tact this office by telephone or in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 10:10 AM To: KendallMarcia Cc: RodriguezWanda; Ann P. )ennejohn; NeetVirginia; Trish L. Morgan Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Thanks Marcia, But your e -mail states that you want final approval. This is final approval before it goes to NDN, we added our wording and sent it back so that you could approve it (as has always been done). If you are only looking for the proof from NDN please let us know that you are looking for the proof from NDN. Not final approval of the ad, also be aware that we are also sending this to the County Attorney's Office for their proofing. Martha From: KendallMarcia [ mailto :MarciaKendall @colliergov.net] Sent: Tuesday, April 26, 20119:59 AM To: Martha S. Vergara; NeetVirginia Cc: RodriguezWanda; Patricia L. Morgan; Ann P. ]ennejohn Subject: RE: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting Ladies, When I send my advertisement email to you of what I prepared, it obviously has my approval and is ready to go to NDN for their process! What I was asking for in my email is confirmation from NDN once they get it prepared and prior to print. That's all I need to see to provide my approval. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not wantyour e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone on, in writing. From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Tuesday, April 26, 2011 9:45 AM To: KendallMarcia; NeetVirginia Cc: RodriguezWanda Subject: AD - CP- 2008 -5 IAMP for the 5 -24 -11 BCC Meeting 8A t Ladies, For your review the attached ad is for the May 24, 2011 BCC Meeting. Please let me know ASAP so that it can be sent to NDN. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.conl This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(lcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emads and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,. e -mail addresses are public records. If you do nol want your e -mall address released in response to a public records retluesI. do not send electronic mad to this entily Instead, contact this office by telephone or in writinll_ A'� i 8 4 Martha S. Vergara From: Legals NDN [legals @naplesnews.comj Sent: Monday, May 02, 2011 9:39 AM To: Martha S. Vergara Subject: RE: CP- 2008 -5 TAMP (5- 24 -11) Attachments: 231182549. pdf TK #: 231 - 182549 COST: $1265.40 ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Emefy Fagan %apfes Daify News Lega[ Dept Direct Line: 239 - 213 -6061 E'ax Line: 239 - 263 -4703 Send notices to: legals .naplesnews.com From: Martha S. Vergara [mai Ito: Martha .Veroara(cbcollierclerk.coml Sent: Friday, April 29, 2011 2:17 PM To: Legals NDN Subject: CP- 2008 -5 1AMP (5- 24 -11) Lega I s, Please advertise the following attached ad on Friday. May 4. 2011. (Disolay Ad Mao). Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha vergara(cbcollierclerk.com Please visit us on the web at www.collierelerk.com M 8q,: This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(Ocollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND Pr NOTICE OF INTENT TO ADOPT AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, May 24, 2011 at 9:00 a.m. in the Board of County Commissioners chamber, third floor, County Government Center, 3299 E. Tamiami Trail, Naples. The purpose of the hearing is to consider recommendations on the adoption of Petition CP- 2008 -5 amendments to the Growth Management Plan; specifically to the Immokalee Area Master Plan and Immokalee Future Land Use Map; the Conservation and Coastal Management Element; the Future Land Use Element and Future Land Use Map and Map series for transmittal to the Florida Department of Community Affairs; The ordinance title is as follows: ORDINANCE NO. 11- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVA- TION AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Man, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural /Rural within the Rural Lands Steward- ship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator: Carolina Valera, Principal Planner] HENDRY W lY Sq- 1 e: CP- 2008 -5 IMMq AIEE Rb Collier County Florida C.R. BAE C.R. & 0 All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment are available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and the Land Development Services De- partment, Zoning Serv, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department. (239- 252- 2387). Written comments filed with the Land Development Services Department prior to Tuesday, May 24, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) No 231182549 May 4_2_Q_1 1 i W CP 26(k S _TA MT `� W1 `s a A Notbeffi4NeebygWidnl} 1hi C*IWCounty Board of CourftCommiseloners will hold a public heating Onitisalaapt; 1pfvetii0ia.m. in the Board of County Commissioners chamber, third floor, County GovwrAl"Center, 3280 .. TehOami Trall , Naples. Tula gong pse tMtlle.beafing Is t0 oensiderrecommendationsan the adoption of Petition OI�=POD ==the Ordwth Management Plan; specific-Ally to the Immokake Area MOW Plan and l mmokales Future Land Use Map; the Conservation. and Coastal Management Element;. the Future Lard Use Element and Future Lend! Use Map and Map miss for transmittal to" Florida. Department of Community Affairs; The ordinance title Is as follows: ORDINANCE NO. 11- _ AN ORDINANCE AMENDING OROMANCE NO. *05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCBRPORATED AREA OF COLLILR COUNTY, FLORIDA BY PROVIDING FOR., AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVA- TON AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.. . . CP•200K Petition requesting - amendments to the Immokalse Area Master Pfau and Immokwas Are Master Plen Future Lard Use Mad, to-ma w revrelons to the entire Master Plain to include: increases to commercial acreage, Industrial acreage;'wrd show" residential density; elimination of some existing designations; creation of a new designatiorl tha knmokalse Regional Airport,"; and, redecignation of approximately 103 acres. to Immokakre.Urban Area from AgricultureVfurel within the Rural Lands Steward- ship Area as identified on the countywWe. Future Land Use Map. Addl ignally, sta8,requests amendments to the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keels Strand System which is within the Immokalae Urban Aran as Neutral Lends for vegetation retention, and to the Future Land Use Map and Map Series, of theFuturo,Land Use Sentient to show the redesigna0cm of the 103 acres to the ImmoNalse Urban Area. o tamer Carolina Valeta. Prindoelfiannerl € a . CP- 2008 -5 Colima Courdu ce. �. e�te�T,�ts All Interested parties are invited to appear and be heard. Copies of the Growth Managemen Plan Amendment are avaaable for inspection at the Collier County CIWS ` Agl rpm t p.m., Monday through Friday, Any Services Department, prior to Ueda, Wil26, 2011, will be read and considered at the public hearing. If a person deckle to sppeal any decision made by the Cother County Board of CouMy Com e"kners with respect tomV matter considered at such meeting or hearing, he will raced a record of that proceeding, and for such purpose he may need .. to ensure that a varbdm record of the prq;esdings is made, which record includes the'- tes0mony and avldence upon which the appeal is to be based. If you are a person with a disabllity who needs my accommodation in order to participate in this proceeding, you are emllled, at no cost to you, to the provision of certain aasistance. Please cornett the Collier County Facilities Management. Department, located at 3335Tere n lTraff EaeK Buse 101, Wise, FL 34112-5356,(239) 252 -8380, prior to the meeting. AveltOd a Aevlcee Wine heaft h*&Ad era ereiebiekf the Bowdvf County Coaanisdonam Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA FRED W;COYLE, CHAIRMAN NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarney, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a rlu 3e�cr�rc.�r in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on May 4, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida and that the sale newspaper has heretofore been continuously published in said Collier County Florida. distributed in Collier and Lee counties of Florida each das and has been entered as second elms mad matter at the post office in Naples in said Collier County Florida for a period of I pear next precedine the first publication of the attached copy of advertisement, and alfiant further says that he has neither paid nor promised any person. firm or corporation anv discount. rebate. commission or refund for the purpose of securow this advertisement for publication jn the sa,Anewspaper. ( Signature of affiant) Sworn to and subscribed before me This 5th day of May, 2011 — (Signature of notary public prwu, J[f�MY I, &�y ,a @t,,, KAflOI E KANGAS c Notary Public - State of Florida am A`a My Comm. Expires Jul 29, 2013 W <, oF1,t°`` Commission N DD 912237 8A t rac . sr6eeeC rr =NR473 y,, stuff requests amendments to N the Lake TFaftd Camp Keys . i for vegsa5tion retention, and to r - to show fhb redeeig6aldroftle. ^{ *Am P4etrreti ROMW kAn CP- 2008 -5 s ija ee f. a. e {r In 1Na proceeding, you are W7FY�aoWlleeMamge�nt , -Mae 'xw NIM1n ma01Mn ' '. NAPLES DAILY NEWS Published Published Daily VG Naples, FL 34110 , NattkNlah b giverrd.Mf =i o (Sanlsrlp Affidavit of Publics. a"e""" State of Florida and ImmoKalft Future U Counties of Collier and Lee Land Use Element and Ft Commcarly AfFaire'Me of Before the undersigned they serve as the appeared Kim Pokarney, who on oath sa AN ORDIN the Accounting Manager of the Naples Df GROWTH] newspaper published at Naples. in Colli E INCLUDINI INCLl distributed in Collier and Lee counties of TfiON AM attached cop) of the advertising, being: FUTURE AN EFFECT PUBLIC NOTICE GP- ,.ps Maater Plan Fu in the matter of PUBLIC NOTICE commercial acti was published in said newspaper I tiro¢ °r^" 111°'°"'° — ship Area asld4MifWd1 on Ma 4, 2011 y the Conservation and 1 Strand System whidrk Affiant further says that the said Naples Daily N the Future Lard Use M published at Naples, in said Collier County, Fmnd� 103 acres to the lmroo newspaper has heretofore been continuously pubh. Counry. Florida, distributed in Collier and Lee eou +rt, each day and has been entered as second class mail .. office in Naples. in said Collier County, Florida. f veer next preceding the first publication of the advertisement: and afiiant further says that he has promised anv person. firm or corporation anv c commission or refund for the purpose of securing ti - publication in the saldvtewsnaoer. - Sworn to and subscribed before me This 5th day of May, 2011 (Signature of notary public) NI 1 1111 KAROL E KANGAS Notary Public - State of Florid M 'o My Comm. Expires Jul 29 201 Commission M DD 912237 All interested parties Monday 08A 4 STte r Offea 9' HdwddOWe4ft Iwbrrna will holds public hearing yT m. in pwBoerOphCoimty 4onare c haMber, third floor, County Es 1* 40 TmkNopim I fats consider: rationstaisrAellodifir an the adoption of Petition sfe Growth Management Flan;,"001111callyto the ImmoiWee Area Mash Plan 'td. Use Map; the Cv0sillmadlon wafld Coaeftel M eriagemMl Element; the Future turstand Use Mai aid Map sedge for trammmKtal to the Florida Departmard: of ORDIkiiiii NO. 11 - YYiericritktata:�ibNawa:,.. '. :hIDIN6 NR, , , AS AMENDED, THE 004jER CCLN'}TM IENi PL41t' ", 'tit' D AREA OF CCUO CQUN Y iN6 PCf'I. ''TO THE IMMDKALEE AREA tdAST'EI'18r�.11FldO IDKALEE ` _ " PLAN FUTURE LAND USE MAP, THE A- VANA&W W'kLi%jk AV THEFtlRJRB LAN U6R,VL AND AND MAP 5$Rl*; PAPAMPOR '. RABILffy; FIND PROMNG -. rating Amwildraeryls to Vw= Master Plan and rinrnoNp�g:Area ` {all to "Wo revisions to, the ardbe Mager Phm to inekde: krrsN" to Is&MI sass:, :tnd allowable residential: cli nelfy; elimination of some existing I:. rww dedgnsi for the ImarObAS Re6lonail Arport si c 06, radeslgnabon of o tmmokslat UrbWAP00ftAttrail ural/Rural ;within the Rural Lands Steward -. to and for such purpose he may need to snM6•111M t vdbatim record Of the procesdalgs is made, which mim,rrt innitAM the taxer iotry and aadarice unan Wildi tltei doosal is to be based. 8A Agenda Item #: &1% Meeting Date: s a%f 1/ Presented by: Margaret L. Cooper Direct Dial: 561- 650 -0464 Direct Fax: 561- 650 -0422 E -Mail: mcooper@jones- foster.com May 6, 2011 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 ATTN.: Commissioner Donna Fiala Commissioner Georgia A. Hiller, Esquire Commissioner Tom Henning Commissioner Fred W. Coyle Commissioner Jim Coletta Re: Blocker Mobile Home Park 1101 Alachua Street, Immokalee, Florida Lots 6, 7, 9, 9 and 10, Newmarket Subdivision Dear Commissioners: Jerry Blocker has asked me to review the April 13, 2011 Board of County Commissioners' ( "BCC ") meeting where he and his property were discussed without notice to him. I was surprised to hear the misinformation which stood uncorrected by staff. Most of what was said at the meeting was out -and -out wrong. The Blockers would like the opportunity to appear before the BCC to correct this publicly disseminated misinformation and to discuss their Site Improvement Plan ( "SIP ") application. They hope that you will take the time to actually look at the documents, listen to their witnesses, and discover the truth. They wish to address and correct the record as to the following issues: (1) Alleged "slum" conditions, junkyard, and attempts by the County to get the Blockers to clean it up; (2) The Blockers' alleged refusal to comply with Code Enforcement Board ( "CEB ") orders or to earlier apply for SIP grandfathering; and (3) Alleged illegal mobile home park in violation of zoning.. Alleged Slum Conditions The Blockers were accused of being "slum lords." To the contrary, the Blockers bought the mobile home park in late 2002. It was in poor shape at the time. Their predecessor (the Collins) had received a Notice of Violation for conditions from the County Code Enforcement. After their purchase, the Blockers cleaned up and improved the Park. They have received clean and satisfactory inspections from the County and Florida Department of Health. The facility is Collier County Board of County Commissioners May 6, 2011 Page 2 licensed as a migrant labor camp facility in good standing. (Mr. Blocker will bring photographs and all of the State inspection records.) The County did not prosecute the Collins and dropped the earlier conditions NOV after the Blockers' cleanup. The Blockers have never received a conditions violation notice from Collier County. Rather, four years after their purchase, they were cited for an alleged zonine issue — not conditions. In fact, in the transcript from the Code Enforcement Board zoning proceedings, the CEB officer states: At the same time the housing that we have seen in photographs shouldn't be confused with some of the houses we've seen in the newspapers in other areas because it certainly looks better than that ... (Tr. 4/27/06 p. 98) • . It's a zoning matter and that's how it really is focused ... (Tr. 4/27/06 p. 92) The Blockers believe that County staff may have circulated photographs of the Park before the Blockers' cleanup and others taken after a hurricane. It is not a "slum" and the Blockers are not "slumlords." They provide necessary and affordable housing for migrant laborers, are fully licensed by the State of Florida, and have been approved by the Department of Health. If there are any current minor conditions issues, these will be addressed and corrected as part of the SIP process. Encroachment Into Alleged Junkyard Staff has promulgated misinformation that the Park encroaches into a junkyard. This is wrong. The Blockers will bring their surveys to prove this. The Park predates the junkyard by many, many years. The junkyard is zoned C -5 and is an illegal use against which the County has taken no enforcement action. The junkyard and industrial uses developed around the Park, not the other way around. An old 80 -foot wide public ROW easement (now vacated at the request of the Blockers) used to exist adjacent to the Park and the junkyard. The junkyard spilled over into all eighty feet of the easement. The County refused to do anything about it. The Blockers were instrumental in working with the State Department of Environmental Protection (DEP) and seeing that the easement area was cleaned up, which is now a buffer to the junkyard. They can address details directly with you if you give them an opportunity to be heard. They can also address a potential physical buffer as part of the SIP process. Collier County Board of County Commissioners 10 Q May 6, 2011 t"1 i Page 3 Blockers' Alleged Refusal to Apply for SIP The SIP code procedure provides for enhanced grandfathering by allowing replacement of destroyed or unsafe units, and to keep units which exist without a permit on record in exchange for upgrades of nonconforming mobile home parks. This is different than the LDC standard grandfathering provision which does not allow continuation or replacement of destroyed, unsafe units, or units without permits, but does allow continued use of now nonconforming uses which were originally permitted. The Immokalee Area Overlay in Land Development Code (LDC) Sec. 2.03.07 G.6. allows SIP grandfathering in one of three ways: (1) Voluntary submittal before January 9, 2003; (2) Order of the CEB (no time limit); or (3) Compliance or settlement agreement with Collier County (no time limit). When the Blockers bought the Park in late 2002, they were told by staff that they were grandfathered under the general LDC grandfather provisions which allows continued use of mobile home parks previously authorized under older codes — and have been told this by other staff subsequently. They were told that they did not have to do the SIP procedure unless they wanted the additional upgraded grandfathering. They did not voluntarily submit for SIP by January 9, 2003. Please note, the Blockers predecessors (the Collins) were offered the SIP as part of their NOV. Years later, Director of Zoning and Land Development Susan Murray supposedly took a contrary position that the County would not offer SIP to nonconforming parks without a change of zoning to residential. There is nothing in Section 2.03.07 G.6 which supports this interpretation. The County cited the Blockers with a zoning violation in 2006 and refused to offer them SIP to grandfather — presumably, based on Susan Murray's new position/interpretation. The CEB Order says either rezone or tear down. The Blockers have made the following attempts to try to comply with the CEB Order to rezone and/or to grandfather under the SIP over the last five years. 1. Patrick White, Jerry Blocker and Fred Thomas have all worked diligently with staff and various boards to try to get a Growth Management Plan ( "GMP ") amendment (part of the Immokalee Area Master Plan (IAMP) process) to allow a zoning change to keep the Park as ordered by the CEB. As you know, all their efforts have been flatly rejected. 2. Since 2006, Patrick White dealt with a variety of staff working on the ROW easement area cleanup which would further qualify the Park for the Immokalee SIP process. He ►8A ti Collier County Board of County Commissioners May 6, 2011 Page 4 was told by staff that it was a waste of time to formally apply for SIP because the County Attorney and/or Susan Murray would not allow it. He will testify to his efforts. 3. On November 14, 2007, Mr. White filed a formal motion before the CEB to allow the SIP authorized by the LDC. The County Attorney fought it and told the CEB there was a "lack of jurisdiction" because of the Blockers' appeal of the earlier CEB proceedings. The County Attorney also parroted Susan Murray that SIP would not be allowed absent a change of zoning to make the Park "conforming." The motion to allow the SIP, however, was wrongly denied by the CEB based solely on "lack of jurisdiction." (I will provide you with the transcript.) 4. For at least two or three years, the Blockers have made a variety of proposals to the County Attorney's office to allow a settlement with the Blockers doing the SIP. I was not allowed an opportunity to present the proposal to the BCC. When the proposal was given to the BCC for consideration, it was done in a "shade" session. I do not know what spin was put on it, but the BCC refused to allow SIP for the Blockers and insisted the property be returned to industrial in a year and pay one -half of the then accrued fines. 5. The Blockers hired an engineer, Gina R. Green, to make a formal SIP application to County staff (outside of any overall settlement of the fines) in the same manner that others have been allowed. Nonconforming parks in commercial and industrial zones have received SIP approvals from staff in the last few years. At the SIP pre - application meeting, the Blockers and Ms. Green were informed that the SIP met all requirements, but the litigation county attorney had to review everything. Thereafter, staff refused to accept the application, stating that the litigation county attorney told them not to accept it. Litigation counsel refuses to tell Ms. Green why the County refuses except that Susan Murray allegedly ruled that zoning does not allow it. Public document requests have been made for this ruling. Now, the Blockers are being told there are no such rulings from Ms. Murray. Ms. Green will testify to her efforts and bring her documentary proof. 6. Now that the CEB appeal is completed and the CEB theoretically has "jurisdiction" again, the Blockers have filed a formal application for SIP before the CEB. We are requesting a hearing on this in an effort to improve the site consistent with the LDC. Alleged Illegality vs. Nonconformity It is true that the Blockers' Park is in a current Industrial zone. This makes it nonconforming, not illegal. The Park has been there for 50+ years. It was legal and conforming as far back as when it was first constructed. Trailer parks, camps and transient facilities (labor camps) were lawful uses from 1965 to 1991. Webster's dictionary defines a trailer camp or park to include a mobile home park as follows: 8A N Collier County Board of County Commissioners May 6, 2011 Page 5 trailer park noun Definition of TRAILER PARK an area equipped to accommodate homes — called also trailer camp, trailer court See trailer park defined for English- language learners First Known Use of Trailer Park 1942 Here is the actual zoning history. The Blockers will provide copies of these code provisions at your meeting. 1952 -1965 No Zoning Laws Proven — Any Construction Allowed • Pre -1952: No zoning rules nor map had been adopted by the County. Neither mobile home parks nor labor camp facilities were prohibited. • 1952: County Zoning Map dated 1952 was adopted. Map and regulations have been lost by the County. County is unable to establish with any degree of specificity or reliable assurance what the zoning was or what uses were prohibited. Therefore, presumably, the use was legal at the time. 1965 -1991 Labor /Transient Residential Facilities Lawful 1965 -91 Zoning Text • 1965: The 1965 Zoning Code adopted. This contains a grandfather provision for earlier uses. (p. 41) The classification I -C -1 [Immokalee, Commercial 1 ] allows residential "tourist camps," "trailer camps" and "bungalow courts." (p. 32) Under the hierarchal zoning structure, Commercial -light industrial (I -C -3) and Industrial (1) also include these lesser intense uses. (pp. 34, 35, 36) • 1970: Immokalee Area Zoning Ordinance adopted. The I -C -3 and I districts allow residential "transient facilities," i.e., trailer camp facilities for migrant laborers. No prohibition on mobile home construction. There is also a grandfather provision for trailer camps. (pp. 20, 21, 43) Collier County Board of County Commissioners May 6, 2011 Page 6 1965 -91 Zoning Maps 1991 Vested Rights • 1972: All earlier zoning maps (with the exception of that date "1952," which we have a copy of) had been lost by the County. The 1972 zoning map indicated C -3 (Commercial Zoning) for the Park. Trailer camp and bungalow court is lawful under the 1965 Code. 1976: Zoning map changes designation of Subject Property to "I." Use is lawful under the 1970 Code as a "transient facility." Migrant labor camp was lawful under the 1976 code. 1991: Adoption of 1991 Countywide, unified LDC. Eliminates hierarchal zoning. Prohibits residential facilities in an "I" zone, but contains a nonconforming use provisions for continuation of vested uses as a trailer camp and transient facility. Park fully developed. 2002 SIP Procedures Current Code 2002: Amendment to LDC adding the Immokalee Overlay District for "all nonconforming" mobile home parks. This new regulation, like that in many counties dealing with travel trailer and mobile home parks, allowed a procedure to cure "all" nonconformities as an incentive to provide basic site plans and upgrade and replace illegal or unsafe mobile home units. (p. 2:44) 2004. Adoption of 2004 Land Development Code. This contains a nonconforming use (grandfather) provision similar to the 1991 LDC. Permitting The County contends that the Park is "illegal" because the Blockers cannot produce all the old building permits. To the contrary, it is the County's responsibility to maintain those old records. The County has lost its old permitting files.' The Blockers, however, have found evidence of many, many permits for the Park, which they will provide to you. These are as follows: • Collier County Property Appraiser Cards indicating structures built as early as 1948, 1950's, 1960's and thereafter. These also note lawful "residential use" in a 'I am sure that the County has lost the permit records for the vast majority of old buildings. Are these owners required to dear down their structures? Fee IWA-, Collier County Board of County Commissioners May 6, 2011 Page 7 "commercial area," referring to "pp. 24 -25 in Immokalee Zoning Regulations" (See Cards 638646800013, 638647200001.) • 1963 Application for building permit to build a CBS residential structure. • 1963 Application for a permit for an addition to a residential structure. • 1967 Application for alteration for kitchen and carport addition to a residential structure (Permit No. 67 -739). • 1968 Final inspection report (Permit No. 67 -759). • 1985 Building permit to replace a mobile home (Permit No. I -85 -362). • 1985 Certificate of Occupancy for a mobile home. • 1985 Building permit for a new mobile home (Permit No. I -85 -363). • 1985 Certificate of Occupancy for a mobile home (Permit No. I -85 -362). • 1985 Building permit for residential mobile home (Permit No. I- 85 -36). • 1990 Permit Application for screen enclosure for family room (Permit No. 900009126). I understand that staff now claims that the permits over the past 25 years were all a big mistake, notwithstanding that the old codes clearly allowed residential trailer camps and transient laborer facilities. There is no evidence to support staff's unwarranted assertion, and only a Building Official can lawfully invalidate such permits. CEB Did Not Rule on Grandfathering The CEB did not address grandfathering under the LDC provisions. Rather, the prosecuting county attorney told them that they could not consider grandfathering under the LDC and they had to only rule on current code. The following is what appears in the CEB transcripts: CHAIRMAN BARNETT: Can the county attorney help me here? I find a sticky wicket here in one respect because — MR. GRIFFIN: I appreciate what you're saying. Steve Griffin with the County Attorney's Office. .gA Collier County Board of County Commissioners May 6, 2011 Page 8 .. I think this case boils down to zoning. The zoning is the zoning. And either it's right or it's wrong for these gentlemen. And I think in this particular situation it sounds like it's not residential. • I'm not sure that anybody's offered any evidence that it ever was residential. And they have a process they can go through to maybe try to make this right, but it's not this board. It's the Board of Zoning Appeals or somebody else, but it's certainly not this board. (Tr. 4/27/06 p. 79) . • MR. PONTE: If you really want to discuss it, we have a bit of a conundrum because one of the recommendations was possibly rezoning but that doesn't seem very likely. The big question, of course, is the one we've heard before today in another case and that's grandfathering, what existed, what was there, what attention do we pay to it, if any. The attorney for the county has said it really isn't this board's consideration right now. It's a zoning matter and that's how it really is focused. So I suppose that you could find a violation. (Tr. 4/27/06 p. 92) The Chair specifically questioned the county attorney on estoppel, asking "What protection does anybody have if they have a permit ?" The county attorney reiterated his legal advice that estoppel could not be considered. (Tr. 4/27/06 p. 93) Finally, the CEB again ruled that they would not consider estoppel and would not even look at the old codes — but would decide the case on the 1991 LDC. The CEB stated that: We don't issue zoning variances.... Again I think we decide that based on current code, by the way, not based on past code. Conclusion Please think about this from the Blockers' point of view: 0 They paid good money for a Park that has been there 50+ years. They paid good money to take care of the earlier condition issues caused by the Collins. iF44111W Collier County Board of County Commissioners May 6, 2011 Page 9 • The general LDC calls for grandfathering for all units previously previously permitted. Due to loss of the County records, we do not know which ones do not have permits. • The SIP grandfathering procedure for "all nonconforming mobile home parks" (including units not permitted) is in your code. Others in commercial zones have been allowed this. SIP was previously offered to the Collins. What is the rationale for not offering it to the Blockers? • The Blockers paid good money and hired lawyers and engineers to make the SIP application. They are willing to do all necessary upgrades. • The Blockers have tried for five years to comply with the CEB order to either obtain proper comprehensive plan land use or designation to support a rezone. The IAMP has yet to be adopted to allow any possible use change for "residential." They have also tried to get SIP approval and have been rejected for no good reason other than an alleged Susan Murray's change of interpretation that they need a zoning change (which the County refuses to do). • Although zoning allows industrial, there is no infrastructure there to support industrial use. • There is a current need for migrant farm laborer housing in Immokalee. Request The Blockers request that the BCC either (1) direct staff to accept and process their SIP application, including bringing the conditions up to applicable code standards, or (2) direct the CEB to accept and consider the SIP application, including bringing the conditions up to applicable standards. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Margaret L. Cooper MLC:lsm cc: Jerry B. Blocker (via e-mail) pAdocs\25239 \0000IVtr \1 am8862.doc bcc re correcting misinformation JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselops Margaret L. Cooper- Direct Dial: 561- 650 -0464 Direct Fax: 561- 650 -0433 E -Mail: mcooper @Jones- fostercom May 20, 2011 Via E -Alail Flagler Center Tower. Suite 1 100 505 South Fhgdcr Drive West Palm Beach. Florida 33401 relephonc 1561 l 659 -3000 Collier County Board of County Commissioners 3.301 Last Tamiami Trail Naples. Florida 34112 ATTN.: Commissioner Donna Fiala Commissioner Georgia A. Hiller, Esquire Commissioner Toni Henning Commissioner Fred W. Coyle Commissioner Jim Coletta Re: Blocker Mobile Home Park 1101 Alachua Street, Immokalee, Florida Lots 6, 7, 9, 9 and 10, Newmarket Subdivision Our File No. 25239 -1 Dear Commissioners: Ala ill Ilq ,I&to e %N Post Office Bo.x 3.475 West Paint Beach. Florida 33-10? -;.475 At the last meeting of the Board of County Commissioners, you were advised that neither the BCC nor the Code Enforcement Board has the authority to consider the Blocker's SIP application. Moreover, I understand you were advised that the County cannot enter into a settlement agreement with the Biockers to allow the SIP application. Although I was not given notice that this was going to be discussed, I have some continents, as 1 believe that the advice given is incorrect. The premise for the advice that the Blockers cannot apply for an SIP is an assertion that the mobile home park referenced above was always "illegal ". That is wrong. This erroneous conclusion is based on a change of interpretation of the old codes made by Susan Murray a few years ago. Quite frankly, the current interpretation of the old codes by either the County attorney or Susan Murray is irrelevant. The thing that counts is how the County interpreted these old codes and applied them during the 1960s through 1991. As you know, changing interpretations years later of old codes, after- improvements were permitted, is not permissible From 1965 through 1991, the County allowed mobile home parks for transient labor in the Immokalee C -1 through I districts. The 1965 code specifically allowed "trailer camps /courts constructed and operated pursuant to regulations prescribed by the Department of Health" (to wit, migrant laborer trailer camps). Included in these zones were "bungalow courts ", "cabin Agenda Item * I'R, Meeting Date : SA�/( 7niven jwres foster co Presented by Ce—oc%i e► �r Collier County Board of County Commissioners May 20, 2011 Page 2 camps" or `'camps ". All of these uses were bundled together in the 1970 Immokalee Area Zoning District code raider the label "transient lodging facilities," which included facilities for migrant laborers There was no prohibition whatsoever- on the use of mobile home construction for transient lodging facilities. The County so interpreted and applied the codes from 1960 through 1991. Not only was this interpretation applied to the Blockers' property, but it was applied to all of the commercial districts throughout the Immokalee area. Please ask your staff how many other mobile home parks exist in the commercial districts in Immokalee. It was only after 1991 — and the new LDC — that mobile home construction and transient lodging facilities were no longer permitted in the commercial industrial zones. The old uses, however, are lawful non - conforming uses. Once again, it is irrelevant as to how Susan Murray, litigation counsel, or the County Attorney is currently interpreting the old codes. They were not working at the County at that time. What is important is how the old codes were interpreted by the old staff. The County is estopped from changing interpretations. Also, the Blocker's predecessor in title (the Collins) were offered use of the SIP procedure. What has changed other than Susan Murray's change of interpretation? What is the logical or rational reason for not offering the same to the Blockers or even considering their application? Next, you are being told that the BCC does not have authority to make overall settlement with the Blockers, That, too, is wrong. Specifically, the Immokalee Overlay District regulations provide, in Section 2.03.07 A.6.b., that the SIP can be granted pursuant to "settlement agreement" between the County and a property owner. Moreover, the Blockers have served notice of a potential Bert Harris claim. The Bert Ilarris Act is a wonderful opportunity for the County to actually sit down, talk, and come to a settlement. There are broad powers in Section 70.001(4)(c) which provide that the County can settle with: An adjustment of land development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. These provisions give the County immense power to settle on any terms that are deemed appropriate. Further, it does not matter what the Growth Management Plan (GMP) now states. A use that was preexisting or which predates the adoption of the GMP or amendments thereto is allowed to continue in existence under Chapter 163 of the Florida Statutes. Your own codes also provide for that. See Section 9 03.00 Nonconformities. There is absolutely nothing in Chapter 163 which requires the teardown of a pre - existing facility. Comprehensive land use plans deal with • Collier County Board of County Commissioners May 20, 2011 Page 3 future development of property and future zoning, not requiring the elimination of a 2Ligi existing, use. I never tell clients that they absolutely will win a disputed case. Judges are human and do make mistakes I find it unsettling that you are being told, with 100% certainty, that the mobile home use must be eliminated and that you must foreclose on this property. Once again, I request an opportunity to present the Blocker's SIP application before either the Commission or the Code Enforcement Board by either a general SIP application of a settlement agreement. Thank You Sincerely, .JONES. FOSTER, .JOHNSTON & STUBBS, P A. By MargaretYlCooper MLC:Ism cc: Jerry B. Blocker (via e-mail) Leff Klatzkow, County Attorney (via e-mail) 1):\docsL -1239 \00001 \ltr \liis502I doe bee re seldemenl agreement ' 8 A Collier County � Growth Management Division Planning & Regulation Code Enforcement 1101 ALACHUA STREET IMMOKALEE, FLORIDA .Agenda Item * 8'A Meeting Date :S V� // Presented by: Depaftent of Code EnforCermt - 2800 N. Horseshoe Drive • Naples, Florida 34104.239- 252 -2440 • Fax 239 - 252 -2343 Correction re: staff memo dated May 18, 2011 from Diane Flagg Page 1 of 2 Correction re: staff memo dated May 18, 2011 from Diane Flagg 018A y Tim Hancock [Tim @davidsonengineering.com] Sent: Friday, May 20, 20114:22 PM To: OchsLeo; CoyleFred; FialaDonna; ColettaJim; HillerGeorgia; HenningTom Cc: jblocker @embargmaii.com; Randy Johns [RJohns @phoenix- associates.com]; clascano @phoenix- associates.com; mcooper@jones-foster.com Commissioners and Mr. Ochs; I just read with dismay the elements contained in a memo generated by Ms. Diane Flagg, Director of Code Enforcement regarding a staff report on the 1101 Alachua Street property in Immokalee. While the majority of the memo is a simple recitation of the Counties position in this matter, I take exception with the inaccuracy on the 4th page of the staff report, the last paragraph under "Meeting History". The memo states that in a meeting with the Immokalee CRA on May 18th, 2011 (Wednesday of this week), "The same issues were addressed as had been addressed in previous meetings ". Since I was the person who made the presenting comments, I can tell you without equivocation that this statement is false. The sole purpose of appearing before the CRA was to inform them of information recently discovered in the Counties own files that was never presented to the Code Enforcement Board that invalidates many of the statements with regard to the historical zoning of the property currently owned by the Blockers. When asked, I produced a 1952 zoning map for inspection that clearly shows the property as C -3, a commercial zoning district. This zoning corresponds to a 1951 set of zoning regulations which was similarly represented to the Code Enforcement Board in 2006 as "not existing ". The purpose for going before the CRA was based on the statement made by the County Attorney when I addressed the BCC on May 10, 2011 that the only options available were to foreclose on the property or to amend the GMP. My request before the CRA was to ask if they wished to include our concerns in the Immokalee Area Master Plan, to which they declined. The statement that no new information was presented is simply untrue. Unfortunately, after careful review of the CEB minutes from the original hearing in 2006, similar half- truths and omissions are contained throughout the record. In all my prior dealings with Ms. Flagg over almost 20 years, I have never known her to be intentionally misleading and am left to assume since she was not present at the meeting that the information she was provided was at fault. I will continue to work diligently to provide information and findings in an above -board and honest manner and wished only to bring to your attention the inaccuracy of this statement. As always, I thank you for your time. Regards, Tim Hancock, AICP Director of Planning TimAdavidsonengineerin-g com IT DAVIDSON C N G I N E E R I N G www.davidsonenqineering.com Davidson Engineering, Inc. 3.530 Kraft Road, Suite 301 Naples, FL 34105 https :Hmail.colliergov.net /owa/ ?ae= Item& t = IPM. Note &id= RgAAAACBw7hYJwxISLoTg... 5/20/2011 Correction re: staff memo dated May 18, 2011 from Diane Flagg Page 2 of 2 8 A, Phone 239.434.6060 ext. 2983 Fax 239.434.6084 Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. https: / /mail. colliergov.net/owa/ ?ae= Item& t = IPM. Note &id= RgAAAACBw7hYJwxISLoTg... 5/20/2011 C;011 Ca►Hnty GrvMrtli Management Division Planning & Regulation MEMORANDUM ''SA RECEIVED MAY 19 2011 Board of County CommAlo ft To: Collier County Board of County Commissioners.,y��j CC: Leo Ochs, County Manager Nick Casalanguida, Deputy Administrator Growth Management Division From: Diane Flagg, Director Code Enforcement Date: May 18, 2011 Subject: Current Staff Report for 1101 Alachua Street in Immokalee (TAMP /Code Case) This morning you were provided a binder with information containing the history, correspondence and current documents for the Mobile Home Park located at 1101 Alachua Street in Immokalee. We have provided some additional information for review. This information may be helpful background when considering the Immokalee Area Master Plan. C""W" ^040' Ptannirg & Regulation • Mo North Nornshm Drive • Naples. Florida 34104.239. 252 -2400 • www.000ergov.net STAFF REPORT RE: Immokalee Mobile Home Park located in Industrial Zoning District Location: 1101 Alachua Street Folio # 63864720000; 63864680001; 63864760002 Owners: Jerry and Kimberlea Blocker i •�, sS 3e.: 3 S ,=r� `L`r. ^i r3r xN`. -ri t t � La . l. ;x'^ R � ^ A Notice of Violation was issued to Jerry and Kimberlea Blocker on January 23, 2006 for unlawful and inappropriate Mobile Home improvements to Industrial zoned property in Collier County. On April 27, 2006, case CEB NO.2006 -16, case CEB NO. 2006 -17, and case CEB NO. 2006 -18, were heard by the Code Enforcement Board due to non - compliance by the property owner. The Code Enforcement Board (CEB) issued a Findings of Fact Conclusions of Law and Order for the three Code Enforcement cases (CEB NO.2006 -16, CEB NO. 2006 -17, CEB NO. 2006- 18) and stated in the Hearing Orders: "Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan- Immokalee Master Plan (GMP)." The property owners, Jerry and Kimberlea Blocker, filed through their legal counsel, a request for a Special Magistrate Proceeding to dispute the Hearing Orders and findings of the Code Enforcement Board. The Special Magistrate, Simon M. Harrison, Esq., reviewed the evidence and issued a Conclusion on March 21, 2007. The conclusion stated in part: `Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action." On January 7, 2008, the property owners, Jerry and Kimberlea Blocker, filed with the Circuit Court of the Twentieth Judicial District, through their legal counsel, an appeal of the Code Enforcement Board Orders. On February 8, 2010, the Honorable Hugh D. Hayes, Circuit Court Judge, issued a Final Appeal Order that stated in part: "15. The Court has accepted the CEB's findings of facts and has not substituted its findings for those of the CEB. 16. The Court further finds: (1) the Collier County CEB afforded the parties due process of law; (2) the Collier County CEB's Orders meet the essential requirements of law; and (3) the Orders are supported by competent substantial 8A evidence. ORDERED and ADJUDGED: the orders of the Collier County Code Enforcement Board are affirmed and the Appellant's appeal is DENIED." On November 10, 2010, the District Court of Appeal of Florida, Second District, denied a further appeal. PENl1).1XG LITIGATION The property owner's, through their legal counsel, have filed a BERT HARRIS ACT lawsuit against the County. The County has filed a Foreclosure Complaint against the Blocker's to recover operational costs and code enforcement liens totaling $962,712.48. PLA1�IN G C6 M11 I SI N BACI£GROUNI The Planning Commission on May 20, 2010, reviewed the Immokalee Area Master Plan. The Master Plan did not contain an exemption for the Jerry and Kimberlea Blocker Mobile Home Park at 1101 Alachua Street. Mr. Fred Thomas testified to the Planning Commission and introduced himself as Chairman of the Master Planning and Envisioning Committee. He requested that the Planning Commission insert language into the Immokalee Area Master Plan to allow the Blocker's to continue to operate a Mobile Home Park in the Industrial zoned property. Mr. Thomas was asked by the Planning Commission Chairman if the committee's he is on shares a similar opinion as his. Mr. Thomas testified in the affirmative. The Planning Commission added the following language to the Immokalee Area Master Plan: The existing mobile home rental park located within the Industrial subdisdrict at 1101 and 1123 Alachua Street shall be deemed a permitted use subject to obtaining an approved SIP under the provisions and time limits set forth in paragraph c. above Neither the mobile home rental park boundaries nor the number of units located therein may be increased Following the action taken by the Planning Commission, on June 17, 2010, the Immokalee Community Redevelopment Agency (CRA) Advisory Board met and voted to recommend to the CRA Board (BCC) that the Immokalee Area Master Plan Comprehensive Plan Amendment be transmitted to the Florida Department of Community Affairs without the language to accommodate the Mobile Home Park at 1101 and 1123 Alachua Street in an area zoned Industrial. ►gA , On June 23, 2010, the BCC deleted the language to accommodate the Mobile Home Park at 1101/1123 Alachua Street from the Immokalee Area Master Plan and approved the transmittal of the Immokalee Area Master Plan to the Department of Community Affairs. At the Planning Commission Adoption Hearing of the Immokalee Area Master Plan, on February 17, 2011, the Planning Commission approved the Immokalee Area Master Plan. The plan did not contain the exemption for the existing mobile home park, located within Industrial zoning, at 110 1/ 1123 Alachua Street. 4`l`l �MOWLE OE)1KE j A N IM1 OKA LEX The Mobile Home Park at 1101 Alachua Street is the only Mobile Home Park located in Industrial zoning. Of the seven mobile home parks in Immokalee, with open Code Enforcement cases, 1101 Alachua Street is the only mobile home park located within a zoning district that is not compliant with the Growth Management Plan. MEXT G WSTO tY The Immokalee Community Redevelopment Agency (CRA) held a meeting on April 20, 2011 and addressed the issue of nonconforming mobile home parks in Immokalee within the IAMP ( Immokalee Are Master Plan). The CRA Advisory Board voted to remove any reference concerning non - conforming mobile home parks in Immokalee from the IAMP. Various speakers were present. A meeting was held on May 16, 2011 with the following attendees: Diane Flagg, Kitchell Snow, Tim Hancock, Jerry Blocker and Randy Johns. The meeting was scheduled to discuss issues concerning the Blocker's property located on 1123/1101 Alachua Street. Many of the issues previously addressed by the County Attorney's Office, Code Enforcement Board rulings, Special Magistrate ruling and 2nd District Court of Appeals were discussed. Many of the concerns related by the Blockers consultant had previously been addressed in numerous documents for this case at many different levels of governmental and judicial systems. Shirley Brown's property located at 331 North 15th Street was again brought up by Mr. Blocker and Mr. Johns as being another illegal mobile home park. The Brown property is allowed to submit for an SIP and is not illegal (as far a zoning). Ms. Flagg advised them we are in the same place as before the meeting. "The violation remains and needs to be abated as fines are still accruing. The mobile home park had been found illegal by the judicial system and the violation needs to be corrected ". *8A The Immokalee CRA met again on May 18`h 2011. The Blockers and their consultant appeared before the CRA advisory board to discuss the issue of the illegal mobile home park. The same issues were addressed as had been addressed in previous meetings. The chairman of the board commented that he felt the IAMP "Was being held hostage by 2 commissioners and the Blockers". The board did not take a vote, nor did the CRA Advisory Board change its opinion as expressed at the April 201h 2011 meeting. F Oa J W N W $Q yUy 100bjv (>j =3pZ-o LLLLLLgLL Ii a� 3 W X. C Z O cO C E W O 4W V S C g .O 2 • 11�1N < H ' 2y W �� LL �y H m 0UW n ,t 4W J fig n V 'o 3 U L �1SObY,H �•� ,. 41 z LL W ��ob6.� �. 4� Tto-o (' •� n 11�1N < IA z y. ` 1 • , { tl7I SN33M,1 616�M11{_, PC9 3AV NOetl3!!3f M �39 lCMLZ{ a L 1 x 15 NOStl3i13 7 ! {�¢' lam` as wo os �'.lss SIR �{ y it . .tiZ,.. •r � lF�lsi 1 r 1 C miar j ✓ r 16 ONZN L ^Le OWE N. e _ H a•K .! 1B Hl.s V ; �� ��H� Ut� r- ,r U m l' "I�,�,jQ 9yp� a lu _ l 1CH19N �� U 0 7 Z 1B HIS ' �V� a LL JA '13 H19 1e H11N LL. i 3 � q� Ir•NIJL� -wi LBH�B S HLe s � L �. 4s �r O N N Y Y U3 a J $ g � 4Se: J iI (a F �� LL �y n U. 19, zZ� LLs� AM IA z y. ` 1 • , { tl7I SN33M,1 616�M11{_, PC9 3AV NOetl3!!3f M �39 lCMLZ{ a L 1 x 15 NOStl3i13 7 ! {�¢' lam` as wo os �'.lss SIR �{ y it . .tiZ,.. •r � lF�lsi 1 r 1 C miar j ✓ r 16 ONZN L ^Le OWE N. e _ H a•K .! 1B Hl.s V ; �� ��H� Ut� r- ,r U m l' "I�,�,jQ 9yp� a lu _ l 1CH19N �� U 0 7 Z 1B HIS ' �V� a LL JA '13 H19 1e H11N LL. i 3 � q� Ir•NIJL� -wi LBH�B S HLe s � L �. 4s �r O N N Y Y U3 a J $ g � 4Se: J iI 1101 ALACHUA STREET IMMOKALEEq FL Table of Contents A) Notice of Violation B) The Code Enforcement Board Hearing Orders C) Special Magistrate Recommendation D) Circuit Court Order ® E) District Court of Appeals F) Accrued Fines G) Planning Commission Minutes H) Immokalee CRA Letter to BCC C 0- 9M0 JERRY B. BLOCKER and K1MBmm" L. BLOCKER (OWNBMS) 1830 164: STRUT N 9 NAPLES, FLA. 34120 LOCATION OF VIOLATION (LBOAL AND ADDRESS) WMM COUM COUNTY ZONING DIST. "I " SBC-U, TWN. 46, RNO.29, SUED. NEW MARKET LOTS 9 and 10, BLOCK 48, Mf 63864760002 of Collier Co. ftcoid, OR 3170, PAOB 1547 A.K.A 1101 ALACHUA Sr. 1M OKALB8, R k Previously known ar "Shells Trailer park" CIf PURSUANT TO . COUNTY CODE pNr0RC114MT BOARD (C 8 B ) ORD # 05-55 and 97 -35, AS AbWWm,YOU ARE T1gnpm THAT TMPOLLOWING VIOL A71ONS gM3T. Oct. 1970 Z onint �dlmmo>;alee am Artlale N, SBC 4.1 '1W, SM 4.2 'BUII. OMr. SBff 4.3 "COTE" sod SBC. 44 "YARD SPACE" Artiolo VII, SM 7.1 'B478Nr and SeC 7.9 'ZSIWIDWA17ON Article A SW. to 1I '7-C -3 / con=emW _8,P t Indust Dirt" pet ORD. 04-41, e f suituded 91)Q SBC.MOD µpPZ1rABII.[1'y). sus SEC'S Pia. A. B. and C aw ( [,A710t4.513g' TO MOW1Ii MGM p� 1.04A5 Sm IA5A0 C'+1NbWw, PURPOSE and IInmM , SUB SBM L05.01, psrrF SBC'8' 2.OL01,, pu -D.. 2W �OF ZON Bn Mrs.) .Side SBC 2MJA CrANI 40 D18rS3 ' ( OHIBIIHD ()fig). SUB SECS. 2.03.03, pir. -A SM x2..1044'00 LB USBS) SUB SW 04.03. P& SM 2QLOD (DWiNTit STANDARDS) SUB SBC 2.05.01, Pat - A SEC 8.08.00 =DBMp0R BOA , Pee B and D SW- 9-3.00 SUB MM 9.03.01( W ,P;-D DESCRIP'ITON OF CONDITIONS CON317Y'IYMO THB VIOLATION (S). U410 $ d and l� Mobile Rome meads to AhAna SL Imrrw � �o � 10. block rxoed, All b'38647L0p02 of Cb1Qer Co. Pl'avloiq �3" zo won, which d Fvhibited pdaoem W of Mobile Boma ft rise. (iii: D MOKA M AREA MWGi DIET RBO'g. DATED OCT. 1970) All same dovdopwrM and ntr having taken Aloe In coma co>east to Collier Co. land developsaeat req�ents and wltboat PrIM Co. and Pl Wh9tevie:w and approval, Collies INQUO MS AND'COMi rg S1i0Uta BE D>RECr� TO $ BM OXMMMr >NVWUaA'MR Deania MAZzom 28M Jqo: Horseshoe Dc NIP* Fla. 34104 (239) �s (239L2343 TION Si'ATt73 : _g irrrrsA COLD RR COUIVW, FLO$WA OF VIOLATInbv A>� ORDER TO CORRECT aI **FXI ORDER TO COI a A= ■ no -M YOU Axle DIRd`Igp BY TMS NOTICE TO TAKE TRS FOLLOW'NG CO>RUCTIVE ACTIONM Mast obtain a eomple(e sad aafficient Collier Connty Dtmolition pang for the removd of an =hue home dwel hWstmtmres cmzradY located on industrial zoned prop' in Cow' Co. d QWA AN lots 9 and 10, block 48, days 63864760003 of Collier Co. retard, no later thava 90 '� a receipt dot notice. Upon having obtained a demolition permit, mart then mobile ham by remo ft 80 non - allowed, nou- approved debris hi collaborated effort wi& an local and f t to corn* wft an Comer M coder, orib"nom and hndwo and ate no btw than 120 dq.' PENALTIES MAY BE I00SR6: Faiiore to o."a a. violation: on or bofae the -date specified above will ms* by 1) the ffmt of en amdavk of violation with rho Collier C06 Bnfor, m B� RC.B..B. ", or SpmW MasW 3.M dkM&g you "A the violation(s) as dew dbed on this furm You w�71/have rocettre(d) noon that a hearing will be held which you aadla a legal mpreeentattve may attend. "arum to vpm may insult in the Board/S. )L a0d 1031149 it determination in your absence. If do l3afamoemeat Board or Sped Master finds a violation exlats. a Eno of $1000:00 per day in the can of a &et vlobdoo. a maahmm Sae of $5000.00 per day for a repeat vIoiation and a maximum fine of $15,00D00 pa' 41ohdoa in >4 m6n ding that rho violation is of an °a 'a' Maes 1° Ry b>a imposed on a pa day bade Ira' emb day each violation eA ta. Ghats of �pov a�and/or dim may also be Against you SERVED BY:- T mm.,u L CBRT, MAX RB[EjpT No# I / it~ have received, ackn amdecrtaad this of Viol I and PrintTitle o�fR.adpiant. f 6. N DATED THiS23 SAY OPZ. MW Rm CASSN02001100976 11 Retn: I1lERO>'lICE 3$35446 OR; 4033 PG; 2458 COLLIER Con" CODE 11101C11E1 1ECORDED ID the 01FICIAL RECORDS Of COLLIER Con", iL REC I I SIIRLEI 1 QICI11 05/0912006 at 1I:02i11 Dam E. BROCE, CLERE 2100 1001313101 DR CDES BLDG 168 A CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY dt KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public heap testimony under oath, received evideQ Findings of Fact, Conclusions of LayG, I • That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notifi 3. That the Respondents were CEB NO. 2006-16 the Board on April 27, 06, d the Board, having heard rr tixt: iQ pprop 'ate afters, thereupon issues its �� z+ile Bit es follows. jurisdiction of the�espondents and that the ed at the public hear n ffo mail and by posting. 4. That the real property located at 1101 Alac j I �' 1 m kalee, FL, a/k/a "Shells Trailer Park," Folio Number 63864720000, more particularly described as Lot 8, Block 48, Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning RegulatioNlmmokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I-C- 3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits: Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings-of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: 27.01 OR; 4033 PG; 2459 That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, Band C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2 :113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1,4 .2 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10.11, I-C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and schedu ling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving all re u' issuance of the aforementioned Building Pe q�i �ificates of Completion within 120 days of 6. In the alternative, by obta mplete and sufficie County Demlition 90 days (July 28, 2006) or within 10 d s abandoned pursuit of rez or SDP/SIP, wh the err is it within applicable; 7. If obtaining a demoli on rm c same d by re ovi all non - approved, non- permitted, additions, improvements use t' i rezone and/or SDP /SIP abandonme t; cto er 28, 2006) or 90 days after ® 8. That if rezoning, the es d is n m I 14 days (May 12, 2006), then there o Par h f e Order of the Board within 9. That if rezoning, e ntil a lion meeting is scheduled. 8 ents do not comply wj ara ap a Order of the Board within 365 days of the date of the pre -appli quiry/review, then it that the violation continues past that d of S 150 per day for each day 10. That if rezoning, the Res d o not comply with 3 of the Order of the Board within 60 days of the rezone approval, then there past that date. h day that the violation continues 11. That if rezoning, the Respondents do no iR days of the date of SDP /SIP approval, then there will be a fine of S 15 pparagraph ay for each day that the Bviola violation 60 continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation h been abated and request the Investigator to come out and perform the site inspection. as 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $354.16. v * ** OR; 4033 PG; 2460 * ** 1 8A ^" Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this j—wt4 day of 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. c..� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was ac a eforC 2006, Sheri Barnett, Chair of the Cod e t Board of Co personally known to me or h r uced a Florida pot�a o� HD��3 •, off► ass A `p �?wt M •. �,.� mi si n e tres: - ERTIFICATE OF S I HEREBY CERTIFY that a Mail to Jerry and Kimberlea Blocker, 183 ect copy of this O 2006. C Mate of F LORIUA : ounty of COLLIER I H EREBY CERTIFY THAT this is s bV8 and correct copy. 41 A. fluent on file In Board Ml0,A3-m4*R4dM of Collier Counter yv�1rNFrriy ticlal seal this _.._. day gr z DWI JF ,,, CK, CLERIf OF CO US / D.C. of (, Florida, whe is &icense as identification. r � been sent y U. S. Mail to U. S. this ..,5 -'_ day of A M. Jean son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 n �1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY & KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public testimony under oath, received ev. Findings of Fact, Conclusions of I That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notif 3. That the Respondents were the Board on April 27, has jurisdiction of i ,fired at the public as CEB NO. 2006-17 � D 83544� CI OR: 4033 PG: 2461 �C 1 05/09/2006 d 11 :02AM 11119!! 1. B1Rn, C ?L UUB RSC 21.00 Rets :IMIBBOl1M M C011I11 COW CODS BMt0RCf1RM 31I1LSi M GARCIA 2800 1101813101 DR COSB BLDG INS RD J6, d the Board, having heard Date atters, thereupon issues its G and that the mail and by posting. 4. That the real property located at 1101 Alac C� ' ;1'2mokalee, FL, a/k/a "Shells Trailer Park," Folio Number 63864680001, more particularly described as Lots 6 and 7, Block 48, Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning RegulatioMmmokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I -C -3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: OR; 4033 PG; 2462 40 ' 8A 0! That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1.4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10.11, I -C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving al regtu � p ki A Tifcates of Completion within 120 days of issuance of the aforementioned Buildin g Pe 6. In the alternative, by obta mplete and suffice County Demolition Permit within 90 days (July 28, 2006) or within 10 d s abandoned pursuit of re zo an or SDP /SIP, whichever is applicable; 7. If obtaining a demoli on rm , ecu ' same d by re ovi g all non - approved, non- permitted, additions, improvements use t' i cto er 28, 2006) or 90 days after • rezone and/or SDP /SIP abandonme t; 8. That if rezoning, the es d is n t c m I p h f e Order of the Board within 14 days (May 12, 2006), then there o ntii a ation meeting is scheduled. 9. That if rezoning, the R ents do not comply wi ara a Order of the Board within 365 days of the date of the pre- applic quiry/review, then it b of S 150 per day for each day that the violation continues past that d 10. That if rezoning, the Resp d o not comply with a 3 of the Order of the Board within 60 days of the rezone approval, then there ach day that the violation continues past that date. �R 11. That if rezoning, the Respondents do no paragraph 4 of the Order of the Board within 60 days of the date of SDP /SIP approval, then there will be a fine of $150 per day for each day that the violation continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of S 150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated an request the Investigator to come out and perform the site inspection. d 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $354.16. • • U OR: 4033 PG: 2463 `8 A Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this.-5-6/ day of 2006 at Collier County, a�•'G CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was 2006, heri Barnett, Chair of the Co personally known to me or ,,,,, Donna'• �pp23 94 Commiss►oAu8It 00 t � hK Bondi ¢ I HEREBY CERTIFY that a Mail to Jerry and Kimberlea Blocker, 1831 2006. state of F LORIUA : ounty of COLLIER I HEREBY CERTIFY:THAT this Is a true end correct co et`X. ent on ftle In Board MI •Ud*R aas of Collier Count,► 'cis seal this C ,� ay of Board of Co , Florida, w io is aced a Florida D ' er's icense as identification. kTE OF S O copy of this 0 been sent by U. S. Mail to U. S. 0 this`'' day of r Cl '? M. lean n, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 • • j 7*T • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY & KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public heal testimony under oath, received evide� Findings of Fact, Conclusions of LayG, That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notif 3. That the Respondents were CEB NO. 2006-18 3835448 OR; 4033 PG; 2464 "CO1DID in 011ICI1lL 11CO108 of C011I11 0001fl, 1L 05/09/2006 at 11:02M 011081 1. 810CK, Can 11C AI 21.00 1etn:I1i11011IC1 / COLLIII callm C0111 1110011111 SBI1L1i 1 GJIICIA i2800 1 BO1SI3801 D1 0111 BLDG D the Board on April 27, 06, d the Board, having heard �[LLe to aill,approp 'ate afters, thereupon issues its She Bpatd, as o ows. has jurisdiction of th o espondents and that the *ed at the public he r mail and by posting. 4. That the real property located at 1101 Alac j-� "Shells Number 63864760002, more particularly described as Lots 9 and 10, Block 48, Newmarkt Subdivision, as Folio recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2 :113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I -C -3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: OR: 4033 PG: 2465 b8A ° 0 That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1.4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I-C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving all requ' ++�ti ri ificates of Completion within 120 days of issuance of the aforementioned Building Pe � 6. In the alternative, by obta' mplete and sufficie Co County Demolition Permit within 90 days (July 28, 2006) or within 10 d abandoned pursuit of rezo an or SDP /SIP, whichever is applicable; 7. If obtaining a demoli on rmi CCU —same d by re ovi g all non - approved, non- permitted, additions, improvements use t' cto er 28, 2006) or 90 days after rezone and/or SDP /SIP abandonme t; ® 8. That if rezoning, the es de is n t c m I par r ph f e Order of the Board within 14 days (May 12, 2006), then there '1 o ntil a ation meeting is scheduled. 9. That if rezoning, the R ents do not comply wi ara p e Order of the Board within 365 days of the date of the pre- app quiry /review, then it b of S 150 per day for each day that the violation continues past that d 10. That if rezoning, the Res p d o not comply with a 3 of the Order of the Board within 60 days of the rezone approval, then the 1 ch day that the violation continues past that date. 11. That if rezoning, the Respondents do no paragraph 4 of the Order of the Board within 60 days of the date of SDP /SIP approval, then the will be a fine of $150 per day for each day that the violation continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of 5150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of S354.16. LJ * ** OR: 4033 PG: 2466 * ** 1108 Any aggrieved party may appeal a final order of the Board to the Circuit the execution of the Order appealed. An appeal shall not be a hearing de novo, but shat be limited o appellate review of review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 51t day of , 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: —S.— Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: Th regoing instrument was ac e nC ' ay of 2006, b eri Barnett, Chair of the Cod nen oard of Co , Florida, w is ' personally known o me or has od ed a Florida D ' er's i nse as identification. Donna L. Commission Expires: Ai d,Fa; Bonde ' m1antic Bon I HEREBY CERTIFY that a t Mail to Jerry and Kimberlea Blocker, 1 2006. TIFICATE OF copy of this ORDfiR Wbeeaseto U. S. Mail to U. S. this day of Z!!n�o . M. Jea w�son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 state of F LORIUA :ouRty of C(XUER 1 HEREBY CERTIFY THAT this is a true and erect copy, or a- Vocement on file lh Wrd Ml1;4 .";:40 Rebores of Collier County by o "rttl —a— oci seal this ® y. DWI E. GK- C � OF CO RTS D.C. r� U JERRY & KIMBERLEA BLOCKER Requestors BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Governmental Entity We 11W It U'0(JNTY ATTORNF . 2007 HAR 22 Pry is 17 Re: Collier County Code Enforcement Board Case Nos: 2006-16,2006-17 2006 -18 REC IENDATION OF SPECIAL MAGISTRATE Procedural Back ound This matter came before the undersigned as Special Magistrate on the 8th day of March, 2007• Requestors sought relief of certain enforcement actions taken by the Collier County Code Enforcement Board in case No. 2006 -16, 2006 -17, and 2006 -18. These were three identical enforcement actions relating to the use of three adjoining properties as a Mobile Home Park. At Present, the zoning`classif cation of the property does not permit use as a Mobile Home Park, and in addition the Park, as presently configured., would not comply with present development standards for a Mobile Home Park. The enforcement action requires either demolition of the Mobile Home Park, or alternatively that the owner seek a rezoning of the �8 property, and if successful in obtaining that rezoning, submission of an SDP /SIP, obtaining approval of same, and compliance with the terms thereof. Because a rezoning of the subject property would require an amendment to the Collier County comprehensive plan to alter the land use plan element thereof as to Immokalee, the time frames set forth in the enforcement action for the rezoning and SDP /SIP process are insufficient to make this a meaningful alternative such that the enforcement action in effect requires demolition of the Mobile Home Park. Requestors believe this is unreasonable, or unfairly burdens the use of the owner's real property within the meaning of FS 70.51 et. seq., and seeks relief under the provisions of that statute. Attempts vHere made at the hearing to facilitate a resolution of the conflict between the owner and governmental entities involved, but no such resolution could be reached. Page 1 of 5 ►'r1 • 0*8 A r .Discussion Although acknowledging that the present zoning designation for the subject property does not permit use as a Mobile Home Park, Requestors believe the enforcement action is unreasonable or unfairly burdens the owners use of the subject property on several grounds, which can be categorized as follows. a) Owner's use of the property as a Mobile Home Park is grandfathered in by the terms of the Zoning Regulations for the Immokalee Area Zoning District, Collier County, Florida as enacted in 1970. . Although contested by the County, Requestors believe that the hierarchal structure of the zoning ordinances up to 1970 would have allowed use of the property as a Mobile Home Park. The aforementioned Regulations do in fact provide for the continuation of non- conforming uses of land, non - conforming structures, and non - conforming uses of structures and Premises. By its terms, those provisions are intended to allow a continuance of those non- conformities as they existed at that time, but not to encourage their survival. Assuming arguendo that the 1970 zoning regulations were the first that would have caused use of the subject property to be non - conforming, as of that date this Mobile Home Park had at most between 10 -15 dwelling structures. As of this date, there are over 30 structures, which is at least double that which existed as of that date. Section 7.2 and 7.4 of the Regulations specifically prohibit extension or enlargement of the non - confirming use, Further, Section 7.6 prohibits any structure devoted to a use not permitted to be enlarged, extended, constructed, reconstructed, or moved. Section 7.7 is even more restrictive, prohibiting any repairs or maintenance within a 12 month period exceeding 10% of the value of the building. It is clear that taken as a whole, the Park as presently configured does not represent the status quo as of 1970, and in light of the nature of the structures on the property, it would be impossible to determine if any single component of the property continues to exist in its 1970 location in an unenlarged, unextended, unreconstructed state, let alone without the need for substantial repairs in the last 37 years. Finally, the last paragraph of Section 7.9, which specifically references mobile homes, requires discontinuance of a non - conforming use within 1 year. (Although the first paragraph of Section 7.9 excepts residential use, the last paragraph of that section specifically references mobile homes). Page 2 of 5 8A d b) The County's adoption of the Immokalee Initiative and the Nonconforming Mobile Home Park Overlay Subdistrict further evidences the County's intent that non - conforming Mobile Home Parks be allowed to continue in that use, such that Requestor must be afforded a meaningful opportunity after entry of.an Order of the Code Enforcement Board to alter the zoning; and if needed the comprehensive plan prior to enforcement of existing zoning requirements. The Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict require the submission of a site improvement plan (SIP) "by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section...". The owner did not submit an SIP by January 9, 2003. Requestors argue that because the above cited language allows an order of the Code Enforcement Board to provide for a later submission date, that it is required to do so. Such a construction, however, would render the January 9, 2003 deadline meaningless. I find that although this provision allows the Code Enforcement Board to extend the filing deadline for an i SIP (and in fact further grants Collier County the ability to extend the deadline by Settlement Agreement with the owner) it does not mandate that it do so. c) The County ould not be h' allowed to pursue its enforcement action based on the doctrine of Laches. Inherent in the doctrine of !aches is the concept that the delay of a party in enforcing its rights has caused a the party against whom that right is sought to be enforced to alter their position, and that the party against whom enforcement is sought has been prejudiced by that delay. In this instance, the owners obtained title to the property in 2002, at a time at which they knew or should have known that the use of this property was subject to significant scrutiny and that they should seek relief from a prohibition against nonconforming use by the use of the SIP application process. They failed to do so. There was no evidence presented that the owner incurred any significant expenses relating to the property subsequent to 2003 as a result of their reliance of the County's failure to pursue enforcement of the non - conforming use, and in fact they appear to have benefited from that non enforcement as a result of their being able to obtain rental income for the past several years that they would otherwise not have been able to obtain. In the absence of a'showing that the owner has been prejudiced by the County waiting until 2006 • Page 3 of 5 8 A to enforce regulations that it could have enforced in 2003, laches would not indicate the present enforcement action is unreasonable or places an undue burden on the property. a) As a matter of fundamental fairness, the County should permit sufficient time for the Owner to either wait and see if the Comprehensive Plan will be amended in a fashion as to allow a rezoning of the subject property, or in the alternative time for the Owner to itself seek such an amendment to the Comprehensive Plan. The reality is that there is no certainty that the land use designation under the comprehensive plan will ever be altered to a designation that would permit rezoning this property to a Mobile Home Park, let alone when that amendment will take place. In addition, to the extent that it would be permissible to look to what are in effect "workshop" indications of a proposed change, those indications are at best that this property would have a land use designation that would not automatically preclude rezoning as a matter of law. Based upon the use of surrounding Properties, the idea that this property would be rezoned to allow for use as a Mobile Home Park is highly speculative at best (and realistically doubtful). Furthermore, although the time frames set forth in the Code Enforcement Orders are insufficient to obtain the required amendments to the comprehensive; plan, the owners have already had over 4 years to seek such an amendment Yet have failed to take any steps to do so. I find the proposition that fairness requires that the County delay enforcement of its existing rules and regulations based on a possible change to the land use designation which is uncertain as to both substance and timing, and which under the best of circumstances creates a highly speculative chance of providing relief to the owner, to be without merit. ' Conclusion I The threshold determination to be made by the Special Magistrate is whether the enforcement action is unreasonable or unfairly burdens the use of the owner's property, Unless that determination, is reached, there is no basis or authority for the Special Magistrate to substitute his or heir judgment for that of the governmental body as to alternative methods to try to achieve the public interest served by the enforcement action, or to determine whether there are less restrictive methods of achieving that public interest than those which have been imposed. In this case, I am unable to conclude that the actions of the Code Enforcement Board were unreasonable or unfairly burden the use of the owner's property, particularly in light of the • opportunities which the owner had prior to this enforcement action being commenced (the Page 4 of 5 . 8A Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict) to obtain approval for the continued use of the subject property as a Mobile I Home Park. Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action. Simon M. Harrison, Esq. Special Magistrate P.O. Box 07372 Fort Myers, FL 339191 CERTIFICATE OF SERVICE I HEREBY CERTIFY that duplicate originals of the foregoing have been filed with the Parties by service by United States Mail to Patrick G. White, Counsel for Requestor, 5801 Pelican Bay Boulevazd, Suite 300, Naples, FL, and Jacqueline Williams Hubbard, Assistant so County Attorney, Counsel for the Governmental Entity, 3301 East Taauami Trail, Naples, FL 34112, and a true sind correct copy of the foregoing has been furnished by United States Mail to the Florida Department of Legal Affairs, The Capitol PL -01, Tallahassee, FL 32399 -1050, this 21 st day of March, 2007. L imon M. Harriso r Page 5 of 5 0,11 "8A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JERRY AND KIMBERLEA BLOCKER V. Appellants, Case No. 08 -66 -CA COLLIER COUNTY, a political subdivison of In Re: CEB Cases Nos. the State of Florida, constituted as THE BOARD 2006 -16 OF COUNTY CONMSSIONERS, and the 2006 -17 S COLLIER COUNTY CODE ENFORCEMENT 200A 8 r- BOARD, m x o D 1 w fir= Appellees. z ; ;o ff / O C 5y CO FINAL APPEAL ORDER THIS CAUSE came before the Court upon Appellants' Request for Oral .Argument on December 15, 2009. Having heard argument of counsel, reviewed the memoranda of law filed by the parties, reviewed the entire record, and being fully advised in the premises, the Court finds as follows: 1. This appeal pertains to an April 27, 2006 quasi-judicial hearing before the Collier County Code Enforcement Board [ "CEB" ] on several alleged violations of the Collier County Code of Ordinances by Appellants. 2. The violations were: (1) unlawful and inappropriate development and residential use of industrial - zoned. property previously zoned I-C -3; (a) without I 1 • • Collier County Zoning and Planning review; (b) without an approved Site Development Plan; (c) without valid Collier County building permits; and perpetuating a use inconsistent with the Collier County Growth Management Plan and the Immokalee Master Plan. 3. The Appellants' Property consists of three separate parcels with three separate tax folio numbers and operates as one mobile home park with the Appellants, owners as of 2002. The Collier County Code Enforcement Department issued one separate Notice of Violation for each property and three case numbers were assigned (2006 -16, 2006 -17, and 2006 -18). The three properties have been treated the same, as if one subject property. The CEB issued three separate orders for the properties. 4. The Court notes that the applicable standard of review by a circuit court of an administrative agency decision is limited to: (1) whether procedural due process was accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. The Court is not entitled to reweigh the evidence, to reevaluate the credibility of the evidence, or to substitute its judgment for that of the agency. See Haines City Community Development v. Heggs, 658 So. 2d. 523 (Fla. 1995). 2 0 • 5. The appeal of the CEB orders is not a hearing de novo but is limited to a review of the record created before the CEB. See Fla. Stat. § 162.11. See also City of Deerfleld Beach v. Valliant, 419 So. 2d 624, 626 (Fla. 1982). 6. At the conclusion of the CEB hearing, the Blockers were found to be in violation of the County's zoning regulations by operating a mobile home park in an area designated non - residential. In this case, the CEB decision was rendered only after a duly noticed hearing, where testimony was given, and evidence was presented to a neutral quasi-judicial body. 7. The only building permits and applications for building permits produced at the hearing were (1) 1963 permit # 4086 for construction of a concrete residence; (2) January 28, 1963 application for permit # 4089 for an addition to a CBS structure; (3) July 19, 1967 permit # 67 -759 for an addition for a kitchen and car port; (4) July 31, 1985 permit .4-1-85-362 for the replacement of a mobile home; (5) July 31, 1985 permit # I -85 -363 for the replacement of a mobile home; and (6) an October 17, 1990 application for a permit for a screen enclosure. 8. Copies of the 1965 and 1970 Collier County Zoning Regulations were presented to the CEB. Mobile homes were not permitted adjacent to any zone higher than R -3. The 1970 Zoning Regulations for Immokalee Area Zoning referred to non - conforming lots and non - conforming uses and provided for non- 3 "8A conformities, including mobile homes, to be discontinued within one year of the effective date of the 1970 ordinance. 9. The 1967 permit issued to add a kitchen and car port to a concrete block structure indicated the zoning was Retail Commercial District -2, ("C -2 "), or C71cluded rcial Light Industrial District -3, ( "C -3 "). However, in 1967, "C -2" and "C- 3" mobile homes. 10. In 1985, two (2) mobile homes were permitted to replace old ones. However, no permits were presented for the original mobile homes. 11. According to permit evidence presented at the hearing, by 1965 there were only two permitted concrete structures. By the time of the April 27, 2006 hearing, there were thirty-one (3 1) residential structures, mostly mobile homes, on the lots owned by the Blockers. 12. A non - permitted use under the applicable Collier County Zoning Codes becomes a "non- conforming use." A "non'-conforming. use" cannot be expanded. 13. At the time of the hearing on the violations, some of the dwellings extended over into the adjacent junkyard easement area. The adjacent prope�,� s �f zoned for junkyard use and immediately west of the mobile homes is an junk yard facility. 0 14. The Blockers failed to comply with any of the CEB Orders and 4 Ni,gp sd 10" — 0 0 Notices of Violations; and in 2007, Affidavits of Non - Compliance and Requests for Imposition of Fines were issued. 15. The Court has accepted the CEB's findings of facts and has not substituted its findings for those of the CEB. 16. The Court further finds: (1) the Collier County CEB afforded the parties due process of law; (2) the Collier County CEB's Orders meet the essential requirements of law; and (3) the Orders are supported by competent substantial evidence, ORDERED AND ADJUDGED: the orders of the Collier County Code • Enforcement Board are affirmed and the Appellant's appeal is DENIED. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _. day ofw�% 0. The n bI ugh D. Hayes Circuit Court Judge State of FLQ:r�s�, f, / conformed copies to: Jacqueline Hubbard, Esq. County oWt'MER , Margaret Cooper Esq. I y � gy C.K fii.FY1F!�gI this fsa truebnd correct Patrick G. White Esq. Co of a docunient•recorded in the,OFFICIAL . Q� lu �r 1 COR6SiPf 111Y Co�ualy.,WFTNESS.�y hand ``1 lZ�� a,�n�d` official ir; te!2 Chi 1a, 0o /o t-LyrlG L K ©F- QURTS g� D.C. ® �r s y, W NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING �^ MOTION AND, IF FILMED, DETERMINED - IN THE DISTRICT COURT OF APPE OF FLORIDA J., == SECOND DISTRICT t: JERRY BLOCKER and KIMBERLEA ) BLOCKER, ) Petitioners, . ) ) V. ) COLLIER COUNTY, a political ) subdivision of the State of Florida, ) constituted as THE BOARD OF' ) COUNTY COMMISSIONERS, and the ) COLLIER COUNTY CODE ) ENFORCEMENT BOARD, ) Respondents. ) Opinion filed November 10, 2010. Petition for Writ of Certiorari to the Circuit Court for the Twentieth Judicial Circuit for Collier County; sitting in its appellate capacity. Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Patrick G. White of Porter, Wright, Morris & Arthur, LLP, Naples, for Petitioners. Jacqueline Williams Hubbard, of Office of the Collier County Attorney, Naples, for Respondent Collier County. No appearance for Respondent Collier County Code Enforcement Board. Case No. 2DI0 -1025 El PER CURIAM. Denied. CASANUEVA, C.J., and NORTHCUTT and KHOUZAM, JJ., Concur -2- 8A d lu � � @p `8 A. ^� am, n J _ [ C. � %W /k � � �^ �w \ 25 7K M c \ §] z \� 7■ \0 Pr w CA w � 1� cn� §} k� \� �� �CL �k §@ ƒ § � o r 2 E NO CL 2S 0 3 J2 22 0 00_ ■ §d §\ to ��� \\ �a / / / J� m & 0 7 0 E E tb C§ 7 7 7 Ln 3 L o - � k k kf k « # ® I m \\ § 0 \\ I� c \ �C oj w / �a ® cn � ¢ � \ 7 k \ I ®_ :3 A; - G E ƒ G $ ƒ � }}< c�t § 8- 0 �� �i� fD .a May 20, 2010 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida May 20, 2010 LET IT BE REMEMBERED, that the Collier Coun ty Planning Commission, in and for the County of Collier, havin g conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, p es, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed -Caron Karen Homiak Paul Midney Bob Murray Brad Schiffer Robert vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Heidi Ashton- Cicko, Assistant County Attorney Nick Casalanguida, GMD Deputy Administrator Ray Bellows, Zoning Manager Is Thomas Eastman, Real Property Director, CC School District Page 1 v "8 A � * *REVISED ** AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 20, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM, INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING, IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF 'THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —April 1S, 2010 6. BCC REPORT - RECAPS — May 11, 2010 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. LDC Amendment 2.03.07 G -- Immokalee Deviation Process [Coordinator: Susan Istenes] B. SV- PL2009 -2421 TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a variance from Collier County Land Development Code (LDC) Section 5.06.04 F.I. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 f feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach] 8A C. PUDA- PL2009 -1499 Lennar Homes, LLC, represented by David R. Underhill, Jr. of Banks Engineering, and R. Bruce Anderson, of Roetzel & Andress, LPA, is requesting an amendment to the Heritage Bay Planned Unit Development (PUD (Ordinance No. 03 -40) to add additional development standards for the AC /R3 designated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F and by adding Table 2A, by allowing deviations from the land Development Code (LDC) Sections 6.06.O1.B and 6.06.01.01(0) regarding standard road section and road width; by allowing a deviation from LDC Section 4.05.02.F to allow back out parking; and by allowing deviations from LDC Sections 4.05.02.J. and 4.05.03 regarding same -lot parking facilities to allow parking within easements dedicated to all residents; and by adding Exhibit A -I to show the layout; and by adding Exhibit A -2 to reflect the area wherein the amendment is effective; and by adding any other stipulations or regulations that may result from the amendment process pertaining to the 26i -acre AC /R3 designated area within the 2,562 acre Heritage Bay PUD project. The AC /R3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida. The subject 2,562± acres (the entire Heritage Bay PUD) is located on the north side of Immokalee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14, 23, and 24, Township 48 South, East, Collier County, Florida. [Coordinator: Kay Deselem] Range 26 9. ADVERTISED PUBLIC HEARINGS A. LDC Amendment Manatee Protection Plan — Shoreline Calculations [Coordinator: Stephen Lenberger] B. C - 2008 -5, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, addition of approximately 103 acres presently designated Agricultural /Rural within the Rural Lands Stewardship Area as Identified on the countywide Future Land Use Map. [Coordinator: Carolina Valera, Principal ® Planner] 10. OLD BUSINESS 11. NEW BUSINESS A. Adoption Hearing schedule for GMP amendment petition CP- 2008 -5, Immokalee Area Master Plan [Coordinator: David Weeks, Planning Manager] B. Conversion of the Standard Industrial Classification (SIC) to the North American Industry Classification System (NAICS) [Coordinator: Susan lstenes, AICP, Manager, Special Projects] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 5110/10 CCPC Agenda/Ray Bellows /jmp ® i p"8A May 20, 2010 • standard terminology the whole way through, which i Trafford/Camp Keais Strand System Overlay. We s Lake wetlands connected to anymore. y don't have the MR. MULHERE: Yeah, I think -- you're right. Thank you. We need to revise that. CHAIRMAN STRAIN: Okay, anything else on 26, 27? (No response.) CHAIRMAN STRAIN: If not, we'll go to 28 and 29. COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Bob, on this rezoning, it's 6.1.9, this is kind of confusing me. First of all, I think the first sentence of it does, from that point on. What are you really saying there is -- MR. MULHERE: Actually, we have to have some discussion. If it's okay with you, there's some substantive changes on 6.1.6., if ou want to gust take care of those, and then we'll get that one too. y COMMISSIONER SCHIFFER: Sure. MR. MULHERE: I mean, I just -- I don't want to lose sight of something that's previous. We have to have a little bit of discussion here on the mobile home issue. Let's see if I can get it all. If you look at -- the gray is a change that the County Attorney's Office requested. That I think is really just for clarification o es there. But what it does do is it -- see, the problem we had istha it w' be sometime before the comp. plan is adopted. And there are 11 districts in Immokalee that also occur elsewhere in the county that ng allow mobile homes that when the comp. plan is adopted wil allow mobile homes. p not So we had to -- staff wanted us to expressly state that we would amend the LDC to reflect that prohibition in those districts. Because it will only be a prohibition in Immokalee, it won't be a prohibition elsewhere where those districts apply. So we'll do that through art of our LDC amendments. p Page 94 .7 May 20, 2010 The second part of that is what if somebody comes in right now, tomorrow. This is not adopted. So they would be able to still ermit those mobile homes up until the time of this being adopted. p MS. ASHTON- CICKO: That wasn't specifically the language I requested. I think Bob's proposing it as a result of our discussion on my comment. MR. MULHERE: Right, actually I think it was more David's discussion. CHAIRMAN STRAIN: Okay, but there is a case out there right now that these two policies pertain to, is it -- is that correct? MR. MULHERE: Are you talking about -- CHAIRMAN STRAIN: The Blockers' property. MR. MULHERE: Okay, no, they didn't specifically pertain to that. I'm going to get to that too. CHAIRMAN STRAIN: Okay. MR. MULHERE: They didn't -- CHAIRMAN STRAIN: I want to understand what we're in to do by the changes. Because I know that the prior language it g the a language p without gray guage was basically flying with -- I mean, I talked to Fred about it and various people, everybody seemed satisfied with it. MR. MULHERE: Right, we're -- CHAIRMAN STRAIN: I'm not sure -- MS. ASHTON- CICKO: That's 6.1.7. CHAIRMAN STRAIN: Huh? MS. ASHTON- CICKO: I think Bob's on 6.1.6. right now. MR. MULHERE: Yes. MS. ASHTON- CICKO: And 6.1.7 is the one that addresses -- MR. MULHERE: I'm going to get to that, I just wanted -- CHAIRMAN STRAIN: Well, but 6.1.6 says that -- on the third line up, or if the use is allowed within the acceptable underlying zoning district. Isn't that the issue at hand with some of the processes Page 95 8A Ma 20, 2010 ® MR. N4TJLHERE: No, because -- CHAIRMAN STRAIN: -- going on now? MR. MULHERE: Once -- this deals with -- until such LDC amendment is adopted, new mobile homes shall be permitted as provided herein until the underlining (sic) zoning district -- if they're permitted in the underlying zoning district until the LDC is amended. That deals with the situation that we have of having VR and AMH, not only in Immokalee but also in other areas that allow mobile homes. So we have to expressly prohibit those uses in those districts in Immokalee. And legally until that happens, they can still come forward and get mobile homes. CHAIRMAN STRAIN: Okay. MR. MULHERE: So that's one issue. And David, unless I've got that wrong, I think -- now, let's move to 6.1.7. Interestingly enough, when we wrote paragraph A, our intent was 0 that that be read and that apply to existing obile homes es in Immokalee on individual lots or parcels, but not a part of a subdivision for mobile home parks. But the way we wrote it, if you don't read the gray, if you just read the yellow, is that it would also apply to existing mobile homes within mobile home parks that were not approved. And so the example that you cited, the Blocker example, is the only one that I know of It's a mobile home in an industrial zoning. You know, I guess there's two ways to look at it. I'm not trying to take the position that I'm representing Mr. Blocker's position. I think the county's position is that that was not an approved mobile home park, okay? So if you read paragraph A without the gray, that would then become a legal nonconforming use and be subject to nonconforming provisions. And that's how Heidi read it. And after Heidi explained to me how she read it I thought, you're absolutely right, that is how it Page 96 04, S A f May 20, 2010 ® reads. So we have a couple of options. The language in the gray was what we discussed that would clarify what our original intent was. I'm not suggesting that that's what we have to do here. But that would clarify — CHAIRMAN STRAIN: But doesn't that -- this kind of gets into the shoreline calculation. I mean, we reversed a couple words and it changes the entire intention and meaning of what's being done. The prior document that we have in our possession said, existing mobile homes not located within an improved mobile home park or subdivision may continue. This one says existing mobile homes located on individual lots or parcels and not located -- MR. MULHERE: Yeah, that phrase -- CHAIRMAN STRAIN: So that throws in an issue of platting. So basically then you got -- how do you have a -- MR. MULHERE: It doesn't necessarily throw an issue of platting. The purpose of the -- our intent -- maybe I haven't made myself very clear. Our intent was there's a bunch of mobile homes in Immokalee on ag. zoned property, on VR zoned property, on single lots or on five -acre parcels, they're not part of a mobile home subdivision and they're not part of a mobile home rental park. And moving forward, those aren't going to be permitted. So that was our intent, to say that those will be treated as legal nonconforming. But we didn't write it very well, because when it was read, it could just as easily be interpreted to mobile homes within a rental park or subdivision that isn't approved. Then I guess you'd have to define approved. But that's the way Heidi read it and that's the way I think it could have been read very clearly. CHAIRMAN STRAIN: Jeff? MR. KLATZKOW: The County's in the process of foreclosing the Blocker property. Before I take property away from somebody, I Page 97 20, 2010 • need to know, okay, what are we doing here? If -- do we intend to allow the Blockers to remain in that use or do we intend otherwise? MR. MULHERE: Well, let me be very, very clear. Originally when we wrote this language -- you have to now go down to a different section here. If you go down to paragraph C, which would extend the time period when nonconforming mobile home parks could go through the site improvement plan process to become legitimized, right, there's a condition on that. And that condition is that last phrase that says, and which are located within sub - districts that allow residential uses. Okay? That excludes the Blocker property because it's in an industrial sub - district. Proposed industrial sub - district. CHARUVIAN STRAIN: So 6.1.7. would then force the County Attorney's Office to foreclose on the Blockers property because of the way it's written. MR. MULHERE: Well, I didn't know that. That wasn't our consideration. Let me just -- give me two more minutes because I'll -- during the time we wrote this, the county was in a lawsuit with the Blockers. And I coordinated with the assistant county attorney who was Jackie Hubbard, right? Robinson? Jackie Hubbard. Anyway. CHAIRMAN STRAIN: Jackie Robinson's a fighter. MR. MULHERE: Well, that was her name prior. Whatever, anyway. So providing this information to her, there were concerns expressed about whether or not the changes I proposed would legitimize -- would have an impact on that litigation and potentially negate the county's position. Therefore, I added that phrase, and which are located within sub - districts that allow residential development. Which then precluded the Blockers from taking advantage of that opportunity and didn't have any -- then would have no impact on the litigation. I just want to -- two more minutes. One more minute. Page 98 ` 8A May 20, 2010 If you would like to not force a foreclosure of the allow the Blockers to continue to have that mobile home subdivision property and bdivision in operation until they replace it with some other use that's going to be allowed under the industrial sub - district that they have, or will have then I would suggest to you that A would be the more appropriate course of action. Because that won't legitimize it other than to make it legal nonconforming. If you follow my thinking. CHAIRMAN STRAIN: Well, but see, C says additionally. So even no matter what you do with A, you still have to comply with C. MR. MULHERE: You should comply with C, because that would -- CHAIRMAN STRAIN: Okay, well then -- MR. MULHERE: -- that would approved it. CHAIRMAN STRAIN: But compliance with C puts you back in the loop where we have litigation. Now, I think it really boils down to what does the community of Immokalee think about the process? What do they want out there in regards to this Blocker residence? Because if they're not objecting to it, why are we going through a foreclosure process? Because -- I don't understand it. MR. MULHERE: No one discussed specifically the Blocker property during this process. CHAIRMAN STRAIN: Well, maybe you should. Maybe it needs to get on the table and get done. MR. MULHERE: But let me just tell you, I think the intent of the community was to limit the allowance of mobile homes across the spectrum of the community. CHAIRMAN STRAIN: I would agree with you. But the way this is written, though, it only negatively affects this one piece of property. It's just kind of like the shoreline calculation, if it goes forward, it's going to be done because this one property is being attacked. Why don't we just -- Page 99 rgA .- i May 20, 2010 MR. MULHERE: I would suggest if the Coun ty Attorney's 's Office doesn't object -- doesn't object to it relative to litigation or something along those lines, doesn't object to that use continuing, I'll -- I mean, I'll defer to Penny, but — CHAIRMAN STRAIN: Well, I've just seen some pictures of that particular mobile home area, and I don't know why --- and from the pictures I've seen, it was presented in a manner that there wasn't an objection to it. MR. MULHERE: I've actually been to the site several times. It's not -- CHAIRMAN STRAIN: So why are we going forward with more needless litigation and we can write this so that it works and covers us in that one situation in a way that doesn't foster more litigation? MR. MULHERE: Then if that's the case, then to do that I would suggest that you simply take out that phase in C which says, and which are located within districts that allow residential -- that phrase comes out. The A is not applicable, because it doesn't really -- it wasn't intended. Or you could even take out the gray in A and then it would be legal nonconforming and could go through the process. And I don't see where that's a -- Jeff, I mean, correct me if I'm wrong, but is going through the process the issue? I don't think so. It's not being able to go through the process. MR. KLATZKOW: The issue is this: Staff gave an opinion that the use of the mobile home park was unlawful because it was in violation of the comp. plan. That's why they could never go through the, what is it, SIP process, okay. Staff then took that in the form of a code complaint to the CEB, Code Enforcement Board. Code Enforcement Board made a ruling, yes, and that has led to my office years later in the position where we're going to foreclose on that property. All right? This is not a policy issue with respect to the County Attorney's Office, this was an initiative that was started by staff believing that this was a code Page 100 008 A May 20, 2010 violation. All right? If it is the intent to make this use legal, that's fine, I will stop the foreclosure because there's no point on continuing g If the intent is to put this mobile park out of business, then fine, just let me know. I just need to know the intent, because I don't want to be fighting over what this language means, what this language doesn't mean. I want the intent clear to the Planning Commission who can then make a recommendation to the board. We'll then have the intent clearer to them, and I can either be done with it or I can conclude this to foreclosure, to its final conclusion. It's one or the other. CHAIRMAN STRAIN: Thank you. Mr. Midney? COMMISSIONER MIDNEY: I would like to know the location of this trailer park. CHAIRMAN STRAIN: Well, Fred's probably got the answer right behind you. Bob? MR. THOMAS: It's the one down at the end of Alachua Street. Down the end of Alachua Street next to the old dump, okay? I will tell you how I got involved in this. Fred Thomas, Chairman of the Master Planning Envisioning Committee. We had several families come to us about seven, eight months ago who live on single - family lots to the west of 29 on Immokalee Drive with code enforcement problems. Because they took an old map; Code Enforcement looked at a new map and saw buildings and structures on the new map that was not on the old map, because this was done before we had the initial Growth Management Plan when we had a separate planning commission in Immokalee. And they couldn't find any documents to show where they got permits to do those things. Okay? And this mobile home park is in the same situation. And it Page 101 • .7 w*� S A 9 May 20, 2010 shouldn't have been a code situation, it was a land use situation. Now, we all want that property to be industrial, to help with our industrial development. There is a very viable mobile home park that's on there that should be legal nonconforming and be allowed to do an SIP until such time that they could take advantage of the industrial use. That's all we're asking for. CHAIRMAN STRAIN: Well, that's the succinct detail we need. And is that -- you're talking as now the visioning committee and the CRA and those boards all talk about this issue, Fred, so it's not -- you're not talking out of school? MR. THOMAS: No, we haven't talked about Blocker. MR. MULHERE: We've never talked -- CHAIRMAN STRAIN: Well, is any -- do you believe the committees that you're on are sharing a similar opinion as yours? MR. THOMAS: I think you can look at Paul Midney, I think we all -- when the county came up with the first Growth Management Plan in the early Eighties -- middle Eighties, we wanted to make sure we protected the existing use and existing rights that the families had. So we put in a clause that the County Attorney's Office didn't even know, that if you didn't do more than a 51 percent change in your property use, you didn't have to go through the new deal. You understand? If you put more than 51 percent, then you had to come up to all the new codes and what have you, okay? So that we could protect the existing property uses until such time they could take advantage of the new direction that we're trying to go. And we want to become the industrial hub. We don't want to make this man change it back to residential, then change it back to industrial later. It's just a legal nonconforming use that will disappear as soon as he can take advantage of an industrial use. CHAIRMAN STRAIN: And I think Mr. Midney's indicating by nod of the head he's in agreement. I don't know if this board has a reason to disagree. Page 102 08A "r May 20, 2010 • Bob, why don't we make sure the language happen, and that takes cares of the problem with is able to make that Attorney's Office and everybody walks ith the County rY Y away fairly happy. David? MR. WEEKS: I have a question. We're talking about a very specific property. What I don't know, and I ask if anybody does know, if there are any other similar situated properties. MR. THOMAS: That's the only one. CHAIRMAN STRAIN: I've been told there are by numerous people, but I can't attest to it myself. I've just been told -- MR. THOMAS: This is the only one that falls in that category. The only one. The only one. MR. WEEKS: So all other mobile home parks and subdivisions in Immokalee are on lands zoned mobile home or VR -- MR. THOMAS: Yes. And our future land use will be -- mobile home would be or something like that. CHAIRMAN STRAIN: Okay, you need to use the microphone. MR. THOMAS: I'm sorry, we're talking two different things. I hear you where you're going now. In the Future Land Use Map, all the rest of them are located where they're supposed to be, mobile home parks. Okay? Now, I'm not going to say there are any other legal nonconforming. When they tried to do an SIP for this property five or six years -- the Blockers gust got the property in 2002, I think. When the tried to do an SIP they wasn't allowed to do the SIP because of the aster planning going through and not knowing what the future land use and all that kind of stuff. You see? We had that problem. MR. MULHERE: There was a deadline. MS. VALERA: It was a timeframe. MR. THOMAS: A deadline or whatever, there was a problem. 10 So the point is, the question came up whether they rezone it so Page 103 wA8 A ', i May 2Q 2010 ® they can do it, and that didn't make any sense either, you understand? But this is the only mobile home park that it fits that degree of -- Mr. Weeks? This is the only one, only one. MR. KLATZKOW: Just for clarity, this is not a legal non- conforming use, this is an illegal use. That's what staff determined. Because this is not a zoning issue, this is a comp. plan issue. You are not allowed to have residential within an industrial area, all right? So this is not a -- this property could never go through this SIP process -- MR. MULHERE: Right. MR. KLATZKOW: -- because it is an unlawful use, not legal non - conforming. So what I'm understanding now is the intent here is to change the comprehensive plan to now allow this as a lawful use. MR. THOMAS: No. CHAIRMAN STRAIN: Well, let's get to the bottom of it. MR. MULHERE: No. I mean, I don't know what else to say. I mean, there are hundreds of non - conforming uses made non- conforming by plan changes that are allowed to continue to exist until they are forced out of the code out of existence through the non- conforming sections of the Land Development Code. Seems to me that that's what we're -- CHAIRMAN STRAIN: But I think because it's zoned industrial it could never be legal to begin with; therefore, it cannot be a legal non - conforming use. MR. MULHERE: It wasn't always zoned industrial. MR. KLATZKOW: No, no, no, I -- MR. THOMAS: Excuse me, it pre- existed. It pre- existed any zoning that made it industrial. MR. KLATZKOW: Look, that's your position. But staffs position and what the Code Enforcement Board upheld and what the superior court has upheld is that it is an illegal use and it's always been an illegal use. So that if you want to make this a lawful use by Page 104 ..BA May 20, 2010 changing the g g comp. plan, that's fine, let's do that, okay? MR. M[JLHERE: I don't know how we're going to do that. MR. KLATZKOW: I'm indifferent, all right? But if you're telling me what you're simply doing is allowing a legal non- conforming use to stay there. This is not a legal non - conforming use. I dust want to know, is it the intent here to allow the Blockers to stay here or not? CHAIRMAN STRAIN: I haven't heard an objection from it. Paul, you're the representative on this board from Immokalee. Just what's your opinion on this whole thing? COMMISSIONER MIDNEY: I think it's unfortunate. I mean, when you have a viable mobile home park that people are living in and that they're, you know, trying to keep, I don't see why we want to go to foreclosures and lawsuits. MR. MULHERE: Can I ask a question? If -- in order to comply with what the County Attorney is proposing, we would need to go through -- the only way I know how to do it would be to 0 g to the industrial district and add mobile homes as a permitted use. How else do we make it a legal use? MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Go ahead, David. MR. WEEKS: That's why I wanted to ask a question of Jeff, since we're getting into this more. Jeff, I thought I heard you specifically say that it was represented to the Code Enforcement Board and I guess subsequently the courts that the issue here was a noncompliance with the designation on the Future Land Use Map in Immokalee. MR. KLATZKOW: Staffs position has always been that this was never a lawful use, that it's industrial property and this is residential use. And that was staffs position, all right, which is why we're here. This is why I could never settle this case, because it's an unlawful use. All right? Page 105 L n I om *16 1 a May 20, 2010 I just need to know, is the intent here with the changes we're making today is to allow the Blockers to stay there? MR. WEEKS: And the specific point I'm trying to get to, and Bob I think touched on it as well, is it's more than a future land use issue, it is a zoning issue. The property is zoned industrial. It is a -- industrial zoning district as well as the designation does not allow any type of residential development. That's where I think Bob touched on it. Even if we change this future land use language in a way that would no longer make that use noncom -- non - conforming's not quite the right term, but not consistent. If we change the language so that it is consistent with the Immokalee Future Land Use designation, it is still not allowed by the zoning district. That doesn't fix the problem is what I'm saying. CHAIRMAN STRAIN: So basically what you're saying, there's nothing we can do here today with this GMP that's going to resolve the problem. MR. MULHERE: There is one thing. It just dawned on -- I mean, you could. You'd have to put a specific new paragraph or paragraph that deals specifically with that property, okay? Typically we don't do that, but you could. That's -- or generally deals -- since it's the only one, you could make a general statement that says existing mobile home parks may continue to -- I mean, I thought that's what the non - conforming language was for. CHAIRMAN STRAIN: Mr. Murray, go ahead. COMMISSIONER MURRAY: Yeah, Mr. Klatzkow's in a strange position here. From what you've said, it's illegal, it's not a proper zoning. I don't know that you have a choice but to go forward. MR. KLATZKOW: Well, the way it is currently constructed. But getting on what Bob's just said, you could put a provision in here that says for industrial zoned property, okay, existing mobile home parks shall be an approved use. But there shall be no further Page 106 X01. 8 A 4 May 20, 2010 expansion or new ones. And if this is the only one, all right, I think we're done. It's sort of like what we did a couple weeks ago with Tony Pires and his client. CHAIRMAN STRAIN: Right. MR. MULHERE: And the difference would be that you wouldn't have the same -- you wouldn't have the same regulatory effort to cause it to come -- go out of existence as soon as possible. And what I'm talking about is the non - conforming regulations that sort of force a non - conforming use over time out of existence. MR. KLATZKOW: It's been there 50 years. CHAIRMAN STRAIN: And I know. And I think that we need to get out of this without litigation. And I think that you've got the sympathy of the community in favor of it, so why are we fighting it? I think the direction ought to be we're going to be taking -- we're going to go to lunch, come back with an idea to resolve it and let's just get it done. And then it solves the problem for the county, it solves litigation, it solves problems for the community. Ms. Caron? COMMISSIONER CARON: I just want to make sure. There has been testimony, but I don't know if it's accurate testimony, that this is the only one. We don't want to be making the situation worse. So if you limit it to just this particular case, we're probably okay. But I certainly wouldn't want to see this go forward so that anything else that might be out there now suddenly -- MR. MULHERE: We could do this; I think that's a very legitimate concern, because we haven't checked that. So what we could do is assume for the moment that it is the only one, I think it is in industrial, and we're only talking about industrial. And we can verify that between now and, you know, a few days. And we could certainly let you know if that's not the case. Assuming at lunch we come up with some language, which we should be able to do. Page 107 ea May 20, 2010 CHAIRMAN STRAIN: Okay. And I think we're going to end up spending part of the afternoon here. Mr. Schiffer has to leave at 1:00. In deference to his last question, why don't we finish that question up. MR. MULHERE: Okay. CHAIRMAN STRAIN: And then go to lunch and come back an hour after that. So Cherie', as soon as we finish with Brad's issue, we'll take a break. MR. MULHERE: And if I could, I'm going to have to give you some revised language on this. Because the County Attorney's Office has revised this language. And I could put it on the visualizer if that's easier than -- you know, I think it might be easier. CHAIRMAN STRAIN: Try it. MR. MULHERE: Can you read that? Or is -- staff and David and Carolina and Heidi and -I met yesterday. Part of our discussion was on this section. The underlying language that you see was Heidi's revisions, which are acceptable, and some strike- through language. The blue, the new hand - struck through language was David's recommendation upon reviewing it. So what we have is agreement between Heidi, David and myself, that this language effectively addresses the issue. And if you'd like me to explain the issue, I can do that. CHAIRMAN STRAIN: Why don't you explain the issue that Heidi then brought up so we understand what you're correcting it for. MR. MULHERE: Well, the issue is this, and the same thing in '89 when we adopted the plan. You have some zoning, developed and undeveloped, that would no longer be consistent with the plan. But we're not proposing to go in and rezone those properties, we're going to allow them to continue, but they can't further intensify. They can Page 108 08A 1.4 May 20, 2010 be -- they can rezone to an equal or lesser intensity or density. So let me give you an example. On the East Trail o y u ve got three or four parcels that are Zoned C -3. Not in Immokalee, I'm in coastal Collier County now. You've got three or four parcels that are Zoned C -3. _I want to change it to a PUD. And I want to allow a use that maybe isn't permitted in C -3, but I can demonstrate that that use will be of equal or lesser intensity than the other uses. This permits me to go ahead and do that. It also permits me to change that C -3 to residential. Because originally there was a total prohibition on rezoning those, but then it was changed to allow you to do it to an equal or lesser intensity or density. MS. ASHTON- CICKO: In my change, and my concern was just the language that they used where they're saying we're going to go ahead and zone things in the future that's inconsistent with the land use designation. That's the problem I had, not with the concept. So the change in language is not to change the concept, just the inconsistency. And then I added -- so that resulted in a change in your first paragraph and also in your Subsection D. So I made no changes A through C. And then I added a section that, you know, if it's initiated by the landowner, then they shouldn't be able to use this section, so I put that in. And then worked with Jeff on B, which is a new language that deals with vested rights and takings. CHAIRMAN STRAIN: And B is interesting only because it's, all applications must be submitted within one year of the effective date of the IAMP or applicable amendment. So when this gets adopted, the one -year time table would start. How does (sic) general public affected by this, unless they're notified in writing? How do they know that the time table started for them? MS. ASHTON- CICKO: I guess in practice they probably wouldn't know. Page 109 • May 20, 2010 CHAIRMAN STRAIN: Right. So, I mean, the year y oes b and they're down the road a year or two and they need to -- the discover they have this problem, but then they're barred from coming in for a VRD. Do we need that limit -- do we need that timetable in there for the VRD process? MR. MULHERE: Is this being treated any differently than how you treat the coastal area? COMMISSIONER CARON: Right. MR. KLATZKOW: No, I think the coastal area is one year as well. MR. MULHERE: That's my point. MR. KLATZKOW: Which is why I picked the one year. I just took what we did in the coastal area and put it in here. CHAIRMAN STRAIN: And I think most people didn't even know that the whole process existed within that one -year time frame. That's not really fair to the public. I mean, it doesn't mean because we did it in the coastal area it's right. And I'm just wondering if we need to do that. It's kind of a back door way of shutting everybody out from appealing a decision they never knew occurred. y MR. KLATZKOW: But we're not shutting anybody out, we're giving them -- I'm giving them a remedy here. You're just saying that you want a remedy that has more years appeal. CHAIRMAN STRAIN: No, I want a remedy that they know about. If they don't know it, they don't know it's a remedy. That's what my concern is. COMMISSIONER MURRAY: How about adding public notice? CHAIRMAN STRAIN: Well, the public notice is simply the p rocess we're going through toda y, public notice. COMMISSIONER MURRAY: No, I'm thinking of newspaper or something of that nature where -- MR. MULHERE: Well, you'd have to take out an ad in the paper Page 110 • A • May 20, 2010 that says after adoption, the IAMP has been adopted, not -- COMMISSIONER MURRAY: Right. p e MR. MULHERE: -- that anyone who feels they've been adversely impacted has one year to establish a -- COMMISSIONER MURRAY: That is what I'm -- CHAIRMAN STRAIN: Well, I'm concerned about that issue, Jeff. And I know how we did it in the coastal area. It happened actually right after I got on this Planning Commission 10 years ago. And I didn't think -- I was wondering -- I didn't know then how people would find out. Well, now I've been on here longer, I know how people aren't going to find out. And they aren't. So it's a little concerning. MR. KLATZKOW: No, I'm not -- that's fine. Would you -- how many years would you suggest? CHAIRMAN STRAIN: I don't know. I'm just trying to figure out how you get to a property owner who doesn't -- especially in Immokalee they may not read the a er. The p P y may not have access to these public hearings all the time. MR. XfULHERE: We're talking about what we believe is right or what we believe is right versus what's legally required. CHAIRMAN STRAIN: Oh, been then what's right should be what's legally required. MR. MULHERE: But it's always. I mean -- CHAIRMAN STRAIN: Well, we need to correct that. MR. MULHERE: The notice requirements for -- sorry. MR. KLATZKOW: There are two issues here. One issue is you don't go onto limited people's existing rights and you want to give them some sort of remedy. Now, right now, they have a Bert Harris Claim. But I was really trying to give people something more efficient than that with this, so that's why I tied it into the vested rights as an alternative. ® But the other issue is that you're adopting a new plan here for Page 111 May 20, 2010 Immokalee. Eventually you want that lan , you know and be the plan. So you need some sort of , to go forward adversely affected. They come and say imeline where people are adversely affected"b plan, Y hey' wait a second, I'm Y Y our p , and then we deal with that. You don't want to be 10, 15 years down the road where somebody says wait a second, and now you've got in essence a hole in your plan. CHAIRMAN STRAIN: Well, I'll tell you what, why don't we -- MR. KLATZKOW: So one year, two years, four years -- CHAIRMAN STRAIN: -- come back to this after we come -- we're not going to finish this discussion now. Let's just come back after lunch and maybe think about it and hopefully introduce a time frame that works. Something better than what we've got. I can tell you, one year's not much. MR. MULHERE: Is it the time frame or the notice? I mean, that's the point that I'm trying to make. If it's a more extraordinary effort to notice people, then seems to me that's an easy -- you can't notify individual property owners it's too ex through an ad in the paper, or you could even expensive. You can notify extra steps because of -- you know, there's Inun.okalee take some Property that don't read the Na les �D i a lot of folks that may own -- p a ly News or whatever, you know CHAIRMAN STRAIN: Well, I think that we need to have -- MR. MULHER.E: -- The Bulletin. CHAIRMAN STRAIN: We need to have some way of making sure these Pe -- everybody's aware of what's happening to their property. And I don't think just saying it in a paragraph that you've got one year to do something about it is enough, so anyway -- COMMISSIONER SCHIFFER: And just before I leave, what's the problem that you're preventing with that? What if a pers -- there was no time limit and I have a commercially zoned piece of property. The master plan has it as what, high density residential? I mean, where do we get in trouble 10 years down the road? Page 112 &8A May 20, 2010 MR. KLATZKOW: Well, we don't , but years down the road. Whatever remedies there's no remedy 10 Statutes, which right now is re s you've got in the Florida pretty much the Burt Harris Act and I think that's a one -year limitation period, off the top of my head, I could be in error there, that's it. CHAIRMAN STRAIN: I think he's saying, what if we take out the one -year clause for the VRD and we have an unlimited timeframe for someone to ask for a VRD? COMMISSIONER SCHIFFER: I mean, I have a commercial use now, I'm happily commercial, and I didn't notice all this stuff, I was fixing cars, I wasn't paying attention to this. And then where would that be a problem for the master plan? And why is the timeframe -- MR. KLATZKOW: Well, because what will happen is you ma y get a block developing a certain way, which is what the master plan wants you to do, and you'll have one owner 5 years from now, 7 years from now, 10 years from now saying wait a second, I had the ri ht to do this other thing beforehand sort of takes away , and that so g going to do something different from w y -- he's hat everybody else is doing. MR. MULHERE: There's got to be a limit. CHAIRMAN STRAIN: David? MR. WEEKS: Commissioners, I want to make sure we understand what this policy is dealing with. It is dealing with first of all land that is no longer consistent with its future land use designation because of a change of this master plan. But more than that it's specifically dealing with the rezoning of that property. If your property is zoned commercial and the new designation is residential, this doesn't impact your ability to develop that property per its existi zoning. This only impacts you if you want to rezone the roe ng And what the policy says is, you can rezone to the parallel l o anything that is taking you closer to consistency. If You ant to rezone from C -4 to C -1, well, your designation is now for something noncommercial. You're moving closer to consistency. Page 113 • May 20, 2010 This language was taken from Policy 5.1 in the F Element. And it has been amended over he ears. Future Land Use an all -or- nothing provision. You shall zone o b Back in '89 it was plan, period. Which meant if you wanted to rezone from - with the C no. In some cases if you rezone C -4 and you're designated C 4 to C 1, your only consistent zoning might be down to a three-unit residential, residential or agriculture or something like that. Very a per acre ry draconian. drastic. It was And so ultimately the amendment to 5.1 allowed for this: Maintain the same level of density or intensity, or anything that is moving closer towards conforming or being consistent with the new designation for your property. I want to make that clear that we're dealing with the rezoning, not your right to develop the property under the existing zoning. We're not touching that here. CHAIRMAN STRAIN: Right, I understand. • COMMISSIONER SCHIFFER: And David, yet me ask; is it important that a landowner Y in a year. Or what happens if he doesn't notice it till, 10 years, how will that mess up a master plan? MR. WEEKS: Well, I'm still struggling with how are they impacted to the point they even make a vested rights claim. COMMISSIONER SCHIFFER: Right. MR. WEEKS: I mean, there may be some scenario out there, and I think that's the whole reason Jeff wanted the language put in there, that what ifjust in case. I cannot think of such a scenario. Again, you can develop per your existing zoning. This policy doesn't address that at all. It only addresses if you want to rezone it. And again, you can go to the same. So if you want to rezone from C -4 to a PUD that allows C -4 uses, you can do it. COMMISSIONER SCHIFFER: Right. ® CHAIRMAN STRAIN: Okay. I think we can -- we'll drop back Page 114 8A Ai May 20, 2010 on this when we get back from lunch. It by the time we have a little more time to hay not be that complicated Brad, I know you've got to leave. about it. COMMISSIONER SCHIFFER: I do. I just don't want ou to have a tie vote, so I'm going to leave. y Sys CHAIRMAN STRAIN: That will work. And for the rest of the Planning Commission, I would think within a couple hours we can finish up when we get back at the most. So with that we'll take a break and come back here at 1:00. (Luncheon recess.) (Commissioner Schiffer is absent.) CHAIRMAN STRAIN: Okay, everybody, welcome back fro our lunch break. And we left off with a couple lingerin uestio m policies on Pages 28 and 29, and we'll move right into them an ns on continue on. d then Bob, before we start on new stuff, what came about as a resul the thinking or thought on Policy 6.1.7? t of MR. MULHERE: Okay, so we had a discussion. Given the basic -- the limitations that we have the conforming use, it has to be a le ' limitations are, can't be a non - Klatzkow. ga l use, based on what Jeff said, Jeff What we propose then would be to make sure that it's limits actually identify that mobile home park. I have to get an address or to something, I'll put it in there. s or But what we would propose is on the visualizer right no would say something very similar -- g w, and it COMMISSIONER MURRAY: Actually, it's not. COMMISSIONER CARON: It's not here. MR. MULHERE: Oh, computer, yeah. Exit. I go it I CHAIRMAN STRAIN: Electronically challenged. ' got it. MR. MULHERE: I am. ® The existing mobile home rental park located -- we'll define what Page 115 �w8A May 20, 2010 ® It is -- and designated industrial on the IAMP FLUM shall be deemed to be a permitted use -- and then here's s what we thought was appropriate -- subject to submitting and obtaining an approval of an SIP under the provisions and time limits set forth in ara a above. P gr ph C We thought let's at least get them through a Site Im p roveme Plan process to make whatever improvements are app ria Improvement going to be there in who knows how long. pp p te, if it's CHAIRMAN STRAIN: I think that's a pretty good work. COMMISSIONER WOLFLEY: I only have a -- CHAIRMAN STRAIN: Go ahead, Mr. Murray, then Mr. Wolfley. COMMISSIONER MURRAY: Except that I thought that because the way it is currently zoned that it can't et a what -- g n SIP. That's MR. MULHERE: Well -- COMMISSIONER MURRAY: -- MR MULHERE: Klatzkow said. in the com HERE. - that's 'what he said. But I think if we sa it COMMISSIONER plan, then I think its okay. I mean, I don't know -- y MMISSIONER MURRAY: I don't take a position on it ' just curious. , I m MR. MULHERE: I think it's true if we left it silent. But say that it is a permitted use and needs to go throe a si t if we improvement plan, I would think that would b to COMMISSIONER okay. MR. MULHERE: Because MURRAY: ' All right, well -- use otherwise you would have to be a non - conformed use to go through the SIP. COMMISSIONER MURRAY: No I don't have an objection Your effort to try to solve the problem, I just want to be sure to fact do. that we in MR. WEEKS: Mr. Chairman? to CHAIRMAN STRAIN: yes, sir. Page 116 I H016 via May 20, 2010 0 MR. WEEKS: Just to speak p further to that, we did discuss it during the break. And the specific wording using the term shall be deemed a permitted use is specifically phrased that way to have the effect of a mandate. So it is dictating that it shall. In most cases when we deal with land uses we would identify a use as being allowed and then defer to the LDC to determine allowed; by right, conditional use, accessory se or not how it's But in this case we're mandating that it is allowed. allowed all. trumps the LDC. So it, if you wi ll, CHAIRMAN STRAIN: Okay. Mr. Wolfley was that where your question was? COMMISSIONER WOLFLEY: Well, it was -- no, it was regarding the wording. The mobile home is not designated industrial it's the land under which the mobile home exists. So I was just -- MR. MULHERE: Well -- COMMISSIONER WOLFLEY: -- if you could put -- the onl thing I was thinking was that -- y MR. MULHERE: Okay, you're right, we'll -- COMMISSIONER WOLFLEY: -- the plan -- go ahead. MR. MULHERE: I'm sorry. You're right. And I didn't mean to step on you. We'll say and located within the industrial sub - district. COMMISSIONER WOLFLEY: Yeah, or mention that first art about the industrial and then what's on it second. p MR. MULHERE: Yeah. COMMISSIONER WOLFLEY: All right, I'm sorry, I just -- MR. MULHERE: No, that's good. MR. WEEKS: Perhaps the site of the existing. COMMISSIONER WOLFLEY: It's not a big deal. CHAIRMAN STRAIN: Well, I think the intent is clear. Mr. Klatzkow, unless -- do you have an objection to it or do ou see anything wrong? y Page 117 May 20, 2010 ® COMMISSIONER WOLFLEY: T much. _ hat s not going to help you MR- MULHERE: What happened? MR. KLATZKOW: Just for the record, okay, Mr. Weeks, oka y, from a comp, planning standpoint, should this be adopted, okay, the existing mobile home park owned by the Blockers would now be a legal non - conforming use. MR. MULHERE: No. MR. WEEKS: My professional opinion is it should not. There's a reason why the -- there's a reason why the industrial zoning district does not allow residential uses. There's compatibility concerns of types of uses you can have in an industrial area, to have residential the mixed in with that. You have noise, glare, odor, dust truck traffic, cetera. et Secondly there's the potential for health concerns, most particularly the long -term nature because of the potential in an industrial area to have the use or roc s whatnot that involves chemicals, fibe s � fibers, or manufacturing, could generate health concerns for hings that again potentially And the third reason is the residents in close proximity. potential impact upon the industrial land users within close proximity to the site. I can think of one example; it may or may not be the only example. The National Fire Protection Standards specify a distance, minimum distance for storage of propane to residential. We dealt with this man bulk here in Collier County. And whether it was 500 feet, 1 000 feet, ago not the issue. But it's in close proximity. Which the effect that's e if this use is allowed to remain, then that precludes that which is possibly other uses from being located within some s e onn e and from that site. p cified distance I know this development, it's already been put on the record a been there for decades; I think 50 years was mentioned. That s alleviate these concerns. And of course if it's -- if this language e is Page 118 8A May 20, 2010 adopted, then that ensures that it is allo wed to be there for another period of decades or theoretically for MR. KLATZKOW: Let me frame CHAIRMAN STRAIN: Yeah I `,`, it a different -- as going to say, you didn't get to the question that he asked. MR. KLATZKOW: Let me rephrase the uestio If this particular provision is adopted, what would be the legal status of the Blockers' property, in your opinion? MR. WEEKS: That property would then be consistent - use, that location would then be consistent with the Immo t that Plan once this language goes into effect. And it would alee Master with the LDC by virtue of the GMP having, what's uld be consistent superior authority over the LDC. g' t s the word, like MR. KLATZKOW: Is it a lawful use or a -- MR. WEEKS: I would say it's a lawful -- becomes a lawful awful use MR. KLATZKOW: Is it no legal conformin g nconforming or is it just not g• MR. WEEKS: It's conforming. It's conformin . Sub' MR. KLATZKOW: The SIP. g sect to MR. WEEKS: -- the SIP. MR. MULHERE: And one additional item I forgot t we wanted to also put a stipulation that it cannot be e an° mention is P CHAIRMAN STRAIN: yeah, that's fine. I think ds appropriate. nk that''s But that makes it a legal use that solves the roblem conforms to what the community has indicated is a.cc � that Problems go away, we're good to go. eptable to them: MR. WEEKS: Well. MR. KLATZKOW: That's what they're tellin me. C STRAIN: Right. So now -- g COMMISSIONER MURRAY: you need a lawyer. Page 1 l 9 - 8 A May 20, 2010 ® MR. KLATZKOW: No but see where on this is that I am advised that it is staff t I get a little bit skewered what the comp, plan says and what __ that gives the impression of staff interpretation of what the LDC says. ff which gives the So I'm just asking staff from a comprehensive LDC perspective, this is now a law _- if plan and from an use. adopted this would be a lawful MR. WEEKS: Yes. But Jeff, as You well know County Commissioners ultimately inte re , the Board of either directly or through an appeal to them. t the plan or the LDC or -- MR. KLATZKOW: ye understand. From staffs and em. MR. WEEKS: Yes, from staffs -- MR. KLATZKOW: Staff started the fight. I w is now ending the fight is where I'm really getting ant to see if staff MR. WEEKS: Yes. y g gat, okay? MR. KLATZKOW: So this takes care of staffs c as the status of this property? oncerns as far MR. WEEKS: Yes. MR. KLATZKOW: Okay. CHAIRMAN STRAIN: Good, two lawsuits settl So I think we're earning our share -- we're earnin ed today so far. the county. g our money here at Okay, Bob, you know what to do to clean it u ? there, you're going to -- p You're almost COMMISSIONER MURRAY: Moving along. CHAIRMAN STRAIN: Well, let's move g on which we started on. We were -- we left off on t to the next item VRD. he time frame for the MR. MULHERE: Right. CHAIRMAN STRAIN: It says one year right n Did you guys have any thoughts on how that coulw to -- d be modified Page 120 Collier County Communily Redevelopment Agency IMMOKALEE CRA • i The Place to Call Home l 1008 A CRA Governing Board At the regular monthly meeting of the Immokalee CRA Advisory Board on June 17, Commissioner June 21, 2010 Donna Fiala IAMP Comprehensive Plan Amendment be transmitted to the Florida Department of Chair Community Affairs without Line (d) in Policy 6.17 (Fred N. Thomas voted "no" Commissioner Tom Henning RE: Recommendation to the Board of County Commissioners (BCC) that the Project Manager Immokalee Area Master Plan (IAMP) Comprehensive Plan Amendment Commissioner Jamcs N. Coletta be transmitted to the Florida Department of Community Affairs without Christie Betaneourt line (d) in Policy 6,1.7. Connuissioner Fred W. Coyle Honorable Chairman Coyle: Commissioner [ :rank Halas I am writing this letter to inform you of all action taken by the Irn111okalee CRA Add= ry B_Oal'd Community Redevelopment Agency (CRA) Advisory Board. As you know, the stateEnImatiseZone Board of County Commissioners (BCC) will meet on Wednesday, June 23rd at 1 :00 Agency Board P.M. for the Transmittal Hearing for t11e IAMP Comprehensive Plan Amendment. Fred N. Thomas, Jr. Chaimiml A salient issue that will no doubt be discussed is the treatment of existing and hiture Capt. Tom Davis mobile homes in the Immokalee community as it moves forward toward Robert Halman Ex-officio redevelopment. Specifically, Policy 6.1.7: Existing Mobile Homes within the Jeffrey Randall Immokalee Urban Area. J ulio L:strentera Kitchen snow Floyd Crews g the Collier County Planning Commission Meeting on May 20, 2010, a line Ana Salazar Richard was added to the IAMP to accommodate an existing mobile home park located at Eva Dcyo yo 1101 and 1123 Alachua Sheet in an area zoned industrial (please see attached Policy , 6.1.7: Existing Mobile Homes within the Immokalee Urban Area). CRA scare At the regular monthly meeting of the Immokalee CRA Advisory Board on June 17, Penny Phillippi 2010, the Advisory Board voted 6 to 2 to recommend to the CRA Board that the Executive Director 239,252.2310 IAMP Comprehensive Plan Amendment be transmitted to the Florida Department of Community Affairs without Line (d) in Policy 6.17 (Fred N. Thomas voted "no" Bradley Muckel and Jeffrey Randall abstained). Project Manager 239.252.5549 Christie Betaneourt Thank you for your consideration in this matter. Administrative Assistant 239.252.2313 Sincerely, Penny P�llippi, Executive Director Iinmokalce CRA Colliet• County Community Redeveloptent Agency Innnolcalee 310 Alachua Street Itnnlolcalee, FL 34142