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Agenda 01/14/2014 Item # 6A 1/14/2014 6.A. Go . r=T Office of the County Manager w ` Leo E. Ochs, Jr. oUN 3299 Tamiami Trail East,Suite 202•Naples Florida 34112-5746•(239)252-8383•FAX:(239)252-4010 January 2, 2014 Mr.Jared Grifoni 141 Leland Way Marco Island FL 34145 Re: Public Petition request from Jared Grifoni representing the Libertarian Party of Collier County, requesting that the Board of County Commissioners rescind Ordinance 2013-70 which established the La Peninsula Seawall Municipal Service Benefit Unit(MSBU)and rescind Resolution 2013-292 which established a special assessment for funding the seawall improvements. Both Ordinance 2013-70 and Resolution 2013-292 were adopted by the Board of County Commissions on December 10,2013. Dear Mr.Grifoni, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 14,2014, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However,your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not discuss the item after it has been presented.Therefore,your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building(Building"F")of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sind /14'' Mike Sheffield Communications and Customer Relations Manager MJS:mjb cc: Jeffrey Klatzkow,County Attorney Steve Carnell, Public Services Administrator Mark Isackson,Corporate Financial and Management Services Director Packet Page-16- 1/14/2014 6.A. BrockMaryJo From: SheffieldMichael Sent: Thursday, January 02, 2014 11:16 AM To: BrockMaryJo Cc: OchsLeo Subject: FW: Petition to rescind Ordinance 2013-70 Attachments: 2013-12-30 Submitted Petition.pdf Hi Mary-Jo, Please place this public petition on the agenda for the 1/14 BCC meeting: Public petition request from Jared Grifoni representing the Libertarian Party of Collier County, requesting that the Board of County Commissioners rescind Ordinance 2013-70 which established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind Resolution 2013-292 which established a special assessment for funding the seawall improvements. Both Ordinance 2013-70 and Resolution 2013-292 were adopted by the Board of County Commissioners on December 10, 2013. Please prepare a letter to be sent to the petitioner and Cc Jeff K, Mark I, and Steve C. Thanks, Mike From: OchsLeo Sent: Thursday, January 02, 2014 8:54 AM To: SheffieldMichael Cc: Klatzkow)eff; BrockMaryJo Subject: FW: Petition to rescind Ordinance 2013-70 Mike, FYA please Leo E. Ochs, Jr. Collier County Manager l efjr)ccoLl iertT sv. e i_ 239.252.8383 Original Message From: HenningTom Sent: Wednesday, January 01, 2014 6:48 PM To: OchsLeo Subject: FW: Petition to rescind Ordinance 2013-70 please place on the 14th agenda From: r_siave484 maS _corn [tslave484@gmail.com] On Behalf Of Elsa Martinez [secretary @collierlp.com] Sent: Tuesday, December 31, 2013 2:36 PM To: SheffieldMichael Cc: HenningTom; Jared Grifoni; v�icechain collierip.com; act.ivismlokollier:ip.corl; Libertarian Party of Collier County 1 Packet Page-17- 1/14/2014 6.A. Subject: Petition to rescind Ordinance 2013-70 Good Afternoon, Attached, please find our request for public petition on the 3anuary 14th BCC meeting. If you have any questions, or need additional information, don't hesitate to email me at secrf''..;1rVcolliF'rtp,co :D'ailt0:secr'etar /a)COl.lierl .com>. Thank you and have a great day. -Elsa Martinez Libertarian Party of Collier County Individual Liberty Limited Government Economic Freedom PO Box# 2452 Marco Island, FL 34146 Phone# (239) 777-0730 Web: http://www.boa].i.erlp._com Facebook: htt,z. i/www.facenookconVcollierlp "When the government's boot is on your throat, whether it is a left boot or a right boot is of no consequence" -Gary Lloyd 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 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 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. 2 Packet Page-18- 1/14/2014 6.A. Request to Speak under Public Petition Please print Name: Jared Grifoni Address: 141 Leland Way Marco Island, FL 34145 Phone: 239-682-6682 Date of the Board Meeting you wish to speak: January 14, 2013 Must circle yes or no: Is this subject matter under litigation at this time? Yes/ No Is this subject matter an ongoing Code Enforcement case? Yes/No Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): see attached Please explain in detail the action you are asking the Commission to take (attach additional paqe if necessary): see attached H:tDATA1FORMSIPublic Petition Request Form-2013.doc Packet Page -19- 1/14420146A. Please explain in detail the reason you are requesting to speak: We, as the Libertarian Party of Collier County, speaking on behalf of the citizens of Collier County, wish to petition against Ordinance No. 2013-70 creating the La Peninsula Seawall Municipal Service Benefit Unit, and against the associated funding. There is no Constitutional authority for such funding (which is essentially a guaranteed loan from the Collier County taxpayers for this project) . La Peninsula is a private community, and this seawall and associated waterway improvements have no determinate public benefit or county use. Article VII, section 10 of the Florida Constitution prohibits the state and its subdivisions from using their taxing power or pledging public credit to aid any private persons or entities. The very language of the ordinance in Section 3 indicates that the waterway improvements only benefit "the property owners within the MSBU", making it unconstitutional and an overreach of government. The Collier County government is not a bank with which to loan monies for private projects. This ordinance sets a terrible precedent for the entire state of Florida and must not be allowed to move forward. Please explain in detail the action you are asking the Commission to take: We request that the Board of County Commissioners rescind the ordinance creating the MSBU and the resolution to fund it via special assessment, and that the Board vote not to fund the project, because it is unconstitutional and not the proper role of county government. Unless this project has public use and benefits, the expenditure of public funds is invalid. Packet Page-20- 1/14/2014 6.A. COLLIER COUNTY Board of County Commissioners Item Number: 6.6.A. Item Summary: Public Petition request from Jared Grifoni representing the Libertarian Party of Collier County, requesting that the Board of County Commissioners rescind Ordinance 2013-70 which established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind Resolution 2013-292 which established a special assessment for funding the seawall improvements. Both Ordinance 2013-70 and Resolution 2013-292 were adopted by the Board of County Commissions on December 10, 2013. Meeting Date: 1/14/2014 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager,CMO 1/3/2014 10:07:44 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 1/3/2014 10:07:45 AM Approved By Name: DurhamTim Date: 1/3/2014 11:29:41 AM Packet Page -21-