Agenda 09/10/2013 Item #17E 9/10/2013 17.E.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Ordinance Number 2009-22,as amended, the
Planned Unit Development (PUD) time limits and time limit extension requirements as found in
Section 10.02.13.D of the Collier County Land Development Code(LDC).
OBJECTIVE: To have the Board of County Commissioners (BCC) amend Ordinance
Number 2009-22, as noted above.
CONSIDERATIONS: On July 9, 2013, the BCC approved Agenda Item 16A21 requesting a
one year extension of Ordinance Number 2009-22, as amended, the state of local economic
emergency tolling as provided in Section 10.02.13.D of the Collier County Land Development
Code (LDC) the Planned Unit Development (PUD) time limits and time limit extension
requirements to May 12, 2014. Based upon the Board's action, staff advertised the amended
Ordinance for BCC adoption.
FISCAL IMPACT: Eliminating or delaying the need to apply for an extension or for a PUD
amendment will benefit to the property owner/developer as it defers the applicable fees for
either a PUD Extension or a PUD Amendment.
GROWTH MANAGEMENT IMPACT: Delaying the requirement for a PUD extension or
amendment to a PUD may delay the need to update the respective PUD documents to comply
with recent changes to the Growth Management Plan (GMP) and/or LDC.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority
vote is needed for Board approval.—HFAC
RECOMMENDATION: That the BCC approve an amendment to Ordinance Number 2009-
22, as amended, to extend the state of local economic emergency, tolling of PUDs to May 12,
2014.
PREPARED BY: Mike Bosi, Director, Planning and Zoning Department, Growth
Management Division
Attachments: A. Ordinance Number: 09-22,B. Ordinance Number: 11-21, C. Ordinance Number: 12-
28,D. Proposed Ordinance Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
Item Summary: Recommendation to approve an amendment to Ordinance Number
2009-22, as amended,the Planned Unit Development (PUD)time limits and time limit
extension requirements as found in Section 10.02.13.D of the Collier County Land Development
Code (LDC).
Meeting Date: 9/10/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
7/23/2013 10:45:40 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 8/13/2013 10:41:12 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/20/2013 11:24:50 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 8/20/2013 4:50:21 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 9:01:46 AM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 8/23/2013 3:24:53 PM
Name: OchsLeo
Title: County Manager
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Date: 8/29/2013 4:38:24 PM oak
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f,3
ORDINANCE NO. 2009- 22
in ,',RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ete
C ' LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
'ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE
��s8C99b£'L 'LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States of America, the State of Florida and Collier County are
presently experiencing an economic downturn not experienced in the last 30-40 years; and
WHEREAS, individual citizens and families living in the United States, Florida and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because of significant revenue decreases at the State and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
WHEREAS, Collier County is currently experiencing a dramatic and devastating decline
in the residential and commercial development markets that adversely impact the entire local
economy; and
WHEREAS, Section 10.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit and time limit extension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers of Planned Unit Developments to complete their projects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
number of homes that have been approved for development but have not been built and are not
anticipated to be built during the period of the local economic emergency; and
T—,
WHEREAS, tolling of the Planned Unit Development time limit and time limit exterision.0
is necessary to relieve conditions resulting from the local economic emergency; and
Paoe 1 of l
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9/10/2013 17.E.
WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit
Development time limit and time limit extension provisions without going through the process of
amending the Land Development Code as set forth in Sections 10.02.08.0 and 10.02.09 of the
Land Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Short Title and Recitals.
This Ordinance shall be known as the Collier County Local Economic Emergency
Ordinance, and the above findings and recitals are hereby adopted by reference into this
Ordinance.
SECTION TWO: Declaration of Local Economic Emergency.
The Collier County Board of County Commissioners, convened in regular session,
hereby declares and ordains that a local economic emergency exists within Collier County,
Florida, requiring immediate measures to address the emergency before irreversible harm is done
to the economic well being of the citizens of the County. This Ordinance is adopted after public
hearing pursuant to, and in accordance with, Section 125.66(2),Florida Statutes.
SECTION THREE: Tolling of Land Development Code Section 10.02.13.D.
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments
which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12, 2011, the
Board of County Commissioners will determine if the declaration of Local Economic Emergency
should be ended.
PaaP 9 of l
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SECTION FOUR: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ;aoh day of M ay , 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
B fr. By: ,C
., A - 'ipu_ty
Ms C�� DO A FIALA, Chairman
- n OM Is
Ap o rot ed 4i to form
an. le: • ,ffi •-- -y: �► +ee itfe2t wti
I ig ; •ry of Stoles Cyr
, •• of.
4 and acknowiedgerne rl • oil
�J,; fill rcei th's
Jeffr ., Klatzkow of.
Cou y A orney BY Dower cw
04-COA-0l0 , 1039/4-24-09
D.,..e2 „a2
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2009-22
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 2009 .
DWIGHT E. BROCK
Clerk of Courts and'.WCle,, k
Ex-officio to Board of
County Commissioire`rs'.
By: Teresa Polaski',
Deputy Clerk
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�� V� 9/10/2013 17.E.
��CE1�E0 w
.Ac.
04 ORDINANCE NO. 2011-21 's---/
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERSF"pr
`<} ' •LLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009-`2(i `, •g
ew �ti?!•��a XTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;o
TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT p
TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS
FOUND IN SECTION 10.02.13.D OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to extend the tolling of the Planned Unit Development time
limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, Tolling of
Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 May 12, 2012 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, 2011 May 12, 2012, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words struck through are deleted; words underlined:,are added.
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SECTION TWO: Conflict and Severability.
AIN
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
itk
County, Florida, this / y day of Tf , .. , 2011.
ATTI✓ ..•••••.. �4.' ; > BOARD OF COUNTY COMMISSIONERS
-D144-
W CikT ERQC1- .,ERK COLLIER COUNTY, FLORIDA
By �#ii a'.�.� By: `7� .0t•ac-•lifts
• 1r1' FRED W. COYLE, Chai
st-I i.
Approved as to form
and legal sufficiency:
•
. / This ordinance filed with the
H' .1 As ton-Cicko Slcretary of State's Office the
Assistant County Attorney
�� day of�nG ,
Section Chief, Land Use/Transportation and acknowledgeme that
filin- received this day
CP•,04-con-01019�,i ioi pf / - o 1
By �£'► J.i—'� r;
Deputy clerk,
Words struck are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true. and correct
copy of :
ORDINANCE 2011-21
Which was adopted by the Board of County Commissioners
on the 14th day of June, 2011 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of June, 2011 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boar `'• ,
County Commissi xs • yr;.
ThAiuxk..,
'ly,; i •
•r ws
,i ' •
By: Martha VeY9. ,- .`�
Deputy Clerk,,'�1r.A r ',
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ORDINANCE NO. 12-28
Agsik
' ri INANCE OF THE BOARD OF COUNTY COMMISSIONE• ' ®F
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200V-i2, ^'
AS AMENDED, EXTENDING THE STATE OF LOCAL ECONOMIC n
U
EMERGENCY; TOLLING TO MAY 12, 2013 THE PLANNED JT , "=
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSi
REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR CONFLICT
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance, which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, on June 14, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-21, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
Fin
emergency continues and desires to further extend the tolling of the Planned Unit Development
time limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, as amended,
Tolling of Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2012 May 12, 2013 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, 2012 May 12, 2013, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words stRiek-threugh are deleted; words underlined are added.
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SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ex fl day of tti C , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK, CLERK COLLIER COUNTY, FLORIDA
By: I By: `-
Deputyti •- FRED W. COYLE, Chain
*ttNt `qt Or Coisinmivi
Approved as to f6frn
and legal sufficiency:
/�t C40 k`ti
` �. This ordiricnce filed with the
eidi Ashton-Cicko y5`..,, Secretory of State's Office the
"day of
Manning Assistant County Attorney
and acknowlej emsnt of that
11-GPS-01101;9 filir received.ihisc day
By p id�_`+„ .
Cepvty ckbrk'.-
-
Words struck through are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012-28
which was adopted by the Board of County Commissioners
on the 24th day of July, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of July, 2012 .
DWIGHT E. BROCK -
Clerk of Courts ,arfd'`•Clerk
Ex-officio to Board of*>
County Commissi#ers - ,
t f
By: Martha Verg*r ,
Deputy Clerk
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ORDINANCE NO. 13-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-22,
AS AMENDED, EXTENDING THE STATE OF LOCAL ECONOMIC
EMERGENCY; TOLLING TO MAY 12, 2014 THE PLANNED UNIT
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION
REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WI-IEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance, which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, on June 14, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-21, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, on July 24, 2012, the Board of County Commissioners adopted Ordinance
No. 2012-28, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to further extend the tolling of the Planned Unit Development
time limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, as amended,
Tolling of Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2013 May 12, 2014 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
Words struck through are deleted; words underlined are added,
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9/10/2013 17.E.
May-4-21-2-04-3 Ma 12, 2014, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:- By:
, Deputy Clerk GEORGIA A. HILLER, ESQ., Chair
Approved as to form
and legal sufficiency:
‘e°
Heidi Ashton-Cicko
Managing Assistant County Attorney
I I-&1'S-U 1 101/15 +ems
Words struck through are deleted; words underlined are added.
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26D I) Wednesday, August 21,2013 A NAPLES DAILY NEWS
•
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby:given that on Tuesday, September 10,2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
•
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2009-22, AS AMENDED,
EXTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;TOLLING TO MAY 12,
2014 THE PLANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION
REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LAND DEVELOPMENT
CODE;PROVIDING FOR CONFLICT-AND SEVERABWTY;AND PROVIDING AN EFFEC-
TIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
• NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual,to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or'organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board 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 Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board 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 testimony and evidence
upon which the appeal is based.
P 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, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA •
GEORGIA A.HILLER,ESQ,CHAIRWOMAN - •
DWIGHT E.BROCK,CLERK
By:Ann Jennejohn,Deputy Clerk •
(SEAL) •
Auaust 21.2013 No.1997624
•
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•