Backup Documents 06/14-15/2011 Item #17D
17 D 1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
X Normal legal Advertisement
(Display Adv., location, etc,)
o Other:
To: Clerk to the Board: Please place the following as a:
**********************************************************************************************************
Originating Dept/ Div: GMD/ Impact Fee Administration
Person: Amy Patterson Date: May 25, 2011
Petition No, (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. June 14. 2011
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (mE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO
OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES WITH RESPECT TO ROAD IMPACT
FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN mE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVlDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes D No
If Yes, what account should be charged for advertising costs: P.O.# 4500113048
Jk()tch'~ (
RU;;-~ S-dS-I/
Date
Division Administrator or Designee
List Attachments:
I. Ordinance Amendmert
DISTRIBUTION INSTRUCTIONS
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 a~y necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. the Manager's office will distribute
copies:
D County Manager agenda file: to
Clerk's Office
D Requesting Division
LJ 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~~, i h " J l J , If/'") f ':</
Dote R.<<iVOd'J ~ Da'" of Public Ii._g, ~ Dat. Adv"""od, -""t-'-' 'I
17 D ,
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LA'VS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY AMENDING PROVISIONS RELA TING TO
OBTAINING A CERTIFICA TE OF ADEQUATE PUBLIC
FACILITIES WITH RESPECT TO ROAD IMPACT FEES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth~related
capital improvements for transportation since 1985; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, through its adoption of Ordinance No. 2009-09, the Board amended
Ordinance No. 2001-]3, as amended, specifically provisions relating-to the upfront payment of
road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow
payments over a five-year period; and
WHEREAS, the Board recognizes that developers are still experiencing economIC
difficulties and on April 12, 2011, directed staff to review proposal~ and recommendations to
modify the payment schedule so as provide adequate upfront funding for road projects while
allowing developers to retain sufficient funding to move forward withprojects.
NOW, THEREFORE, BE IT ORDAINED BY THE "BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-302, Special requirements jor road impact fees, of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Underlined text is added; Stmek tl1raugh text is deleted
Page 1 of 4
17 D "~
(h) Payment of road impact fees to obtain a certificate of adequate public facilities.
(1) A five year temporary certificate of public facility adequacy (COA) shall be
issued concurrent with the approval of the next to occur final local development
order. At the time a temporary certificate of public facility adequacy is issued,
1\....enty thirty-three percent (W 33%) of the estimated payment ~
impact fee rate in effect at the time of the pre approval letter will be due and
deposited into the applicable impact fee trust fund. The funds will then be
immediately available for appropriation by the Board of County Commissioners
for transportation capital improvements and are non-refundable. Final
calculation of impact fees due will be based on the intensity of development
actually permitted for construction and the impact fee schedule in effect at the
time of the building permit(s) application submittal, such that additional impact
fees may be due prior to issuance of the building permit(s). The balance of
transportation impact fees shall be paid in four additional annual installments of
20%, beginning one year after the initial 20% payment.
(~) At the time a temporary CO/.. is issued, and the first tVi6nty percent (20%) of the
estimated payment is paid, the applicant \-",ill deposit v.ith the County sufficient
sccurity, tho form of which has been appro';ed by the Board of County
Commissioners, for a term of four years, in an amount equal to the 20%
payment.
~ Upon payment of 100% of the estimated impact fees, the certificate will be
issued in perpetuity and the dedicated security ',\ill" be released. No further
advance payments will be due once actual road impact fees are paid equal to the
initial estimated impact fees.
~ Failure to submit payment in accordance 'Nith the provisions of this subsection
shall result in the following:
a-: Upon failure to cure following 10 days written demand, the
County wil~ercise its payment rights to the dedicated security;
aRd
lr.- The matter will be referred to the Board of County
Commissioners for revie'N. 1^..bsent the Board finding exceptional
oircillllstanees, the temporary certificate of public faoility
adequaoy shall be revoked.
~ F or those developments that have secured a three yearCOf.., in order to extend
the '<,eating period for an additional fi'le years, the balanoe of the estimated
transportation impact fees, based on the impact fee rate in effect at the time of
the pre approval letter, must be paid in fi';e additional annual installments of
20% with the first payment being made prior t-o the expiration date of the three
year certificate. For those de'lClopments that ha"ie secured a thr-ee year
certificate that has expired, in order to extend the vesting period for an
additional fiye years, the balance of estimated transportation impact fees based
on the impact fee rate in effect at the time of the pre appro'lulletter must be paid
in five additional annual installments of 20%, with the first payment being made
within (30) thirty days of the effective datc of this Ordinance. 1'\t the time the
Underlined text is added: ~hrougH text is deleted
Page 2 of 4
17 D .~i','
first t\V011t)' percent (20%) of the estimated payment is paid, the applicant 'Nill
deposit with the County sufficient security, the form of V/hich hus been
apprm/'ed by the Board of County Commissioners, for a term of five years, in an
amount equal to the 20% payment. Upon payment of 100% of the balance of the
estimated impact fees, the certifioate will be issued in perpetuity and the
dedicated security \vill be released. No further ad'/llUce payments '.vill be due
once actual road impact fees are paid equal to the balance of the estimated
transportation impact fees. Failure to submit payment in accordance with the
pro','isions of this subsection shall result in the follovring: (i) Upon failure to
cure following 10 days 'sritten demand, the County will exercisc its payment
rights to the dedicated security; and (ii) The matter will be referred to the Board
of County Commissioners for review. f~bsent the Board finding exoeptional
circumstances, the temporary certificate of publio facilit~( adequacy shall be
revoked.
(6-2) Offsets for road impact fees assessed to building permits for impact fees paid in
accordance with this subsection, as well as any remaining balance of payments
related to the original three year certificate, will be applied equally to the nev,' or
remaining units or square footage and will run with the subject land.
(+ J) This provision is to be read in conjunction with Section 10.02.07 of the Collier
County Land Development Code. To the extent this provision conflicts with this
or with any other Collier County ordinance, rule or regulation, the provisions of
this section shall control.
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 the 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 n6t 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 C'Junty, Florida. The sections of the Ordin~ces 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 be effective upon filing with the Department of State.
1!!!.~ text is added; 8trllel~ thro,tgh text is deleted
Page 3 of 4
17D
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Underlin~ text is added; 8truG]; thrsl>gh text is deleted
Page 4 of 4
17 D 1
Acct. #068781
May 25, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Consolidated Impact Fee - Amending the Road Impact Fees
Dear Legals:
Please advertise the above referenced notice on Friday, June 3, 2011, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.o. # 4500113048
17D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on June 14, 2011 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299
East Tamiami Trail, Naples, Florida, the Board of County Commissioners
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 CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE)
BY AMENDING PROVISIONS RELATING TO OBTAINING A CERTIFICATE OF ADEQUATE
PUBLIC FACILITIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
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 recogniz€d 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 materifls included in the
Board agenda packets must submit said material a ~inimum of 3 weeks
prior to the respective public hearing. In any c~se, written
materials intended to be considered by the Board $hall 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 proceedin~s is made, which
record includes the testimony and evidence upon which the appeal is
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, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
17 D ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
( SEAL)
1 7 D ~, '~f
Teresa L. Polaski
To:
Subject:
Attachments:
Legals NDN
Amending the Consolidated Impact Fees Ordinance/Road Impact Fees
Consolidated Impact Fee - Road Impact Fees.doc; Consolidated Impact Fee - Road Impact
Fees.doc
Legals,
Please advertise the attached legal ad on Friday, June 3, 2011. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
,
"
1
Teresa L. Polaski
17 D
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, May 25, 2011 3:54 PM
Teresa L. Polaski
Ad Confirmation
UAS2CD.jpg
ATTACHED please REVIEW your notice & confirm 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.
Thank you for placing your ad.
Ad Number 1983936
Total Ad Cost $254.22
Emely Pagan
239-213-6861
t
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
17D
".,
NGtice is hereb}t given that on JW1e 14, 2011 in the Boardroom, ,3rdFloor, Adminis.
tratioll BUIlding, Collier County Gov~rr'ment C~nter, 3299 Eas.tTamian'1i Trail,
Naples. Florida. the Boar'dof Coun~1 Commissioners 'II/III <:onsider the er,actment of
a County Ordinance The mee.ting will commence at 9:00. A.M. The title of the pro-
posed Ordinar1ce is as follows:
AN ORDINA.NCE OFTH E BQ,ARD OF COUNTY COMMIS510NERSOF COLUER (OUN.
TY~FLORIDAf AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND QRDINANCES (THE CO.LLIERCOUNT\;' CONSOLIDATED IMPACT FEE arlOI
NANCE) BY AMENDING PROVISIONS RELATING TO OBTAINING A CERTIFICATE OF
AD EQUATE PUBLIC FACI1ITI ES VVITH RESPECT TO ROAD 1M PACT FEES; PHO\lIDlr~ G
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INClUSlON IN THE COWER
COUf\JTV CODE OF LAWS At~D ORDINANCES; AND PROVIDI[\JG FOR AN EFFECTIVE
/) ATE.
Copies of the proposed Ordlnance are on file with the Clerk to the Boal'd imd are
availabl~for inspection, All interested partie5 are invited to. attend and be heard
NOTE AU persons wishing to speak on any agende item mus-t regis'ter .with the
CO~jnty admInistrator prior to presentation of the age~daltern to be addressed
Ina ividualspeakers will be Ii mileo to 3 minutes on.qny iteJTl. The selectionQ'f an in-
drV'rdual to speak on behalf of an organllatlon or gfOlJp 15 en<:olJraged. If recog-
nized by the Chairman: a spokesperson for a grollp or organizatiG)n may be allotted
10 minut~s to spe~k on an item.
Persons \'vlshmg to havewritten or graphic matet'ials induded .m the Board agenda
pa(kets rnustsubmlt .said material a mInimum of 3 wee-ks prior to ther@spectlV@
~tJblk hean ng,I,.t1a.ny case, "vrltten m~terial5 mtendec.t to ~.e:. cOnSldef'e,. d by the
Board shaH be submltt@d. to th@approprlilt@ County staff ,amlnlmUI11 of seven days
prior to the public hearing. All materlal used in presen~a.tio,ns before the Board
will becG)I'1"'le' a permanent part of the record .
Any persop Who deddes to appeal adecision of the BoardwiH needarecord of the
pi'oceedir1gs pertain In$) the.reto and therefore, ma~' need to ensllre~hat a verbati".1
record of the proceedings IS made, vl/hlch record Indudes the testimony and eVI-
dence U lOon which tl,e appeal i5 based '..
If you are> a pers,onvvltha disability "vho needs anyac.comrnodatror1 in order to par-
ticipat@ in thi!i p,roc@edingl YG)u ,are entitled, at no cost-po you, to the provIsion of
certai'1 assrstilt1Ce, Please contact the Collier County Facllrties Management D~part-
men1:/ located at 3335 Tal'TlJarni Trail East, Building VV, f'J~ph~s, Rodda 34112, {239},
252.8380. ASSisted Iisteriing deVices for the heanrlg h"'p:aired are available In the
County Comrrnssioners' Office.. '
BOARD OF COUNTY COMMISSIONERS
COlliER COUrJTY. FLORIDA
FRED COYLE, CHAIRM.AN
DW1GHTE. BROCK. CLERK
By: Tere~a Polaski, Deputy Clerk
(SEAL)
-:
June 3, 2011
,
~
No1903936
Teresa L. Polaski
17 D
. j
From:
Sent:
To:
Cc:
Subject:
NeetVirginia [VirginiaNeet@colliergov.net]
Thursday, May 26,2011 12:12 PM
Teresa L. Polaski
Williams, Steven; Klatzkow, Jeff
RE: Ad Confirmation
Teresa:
For some reason) my computer is not allowing me to forward your email to the attorney. The
ad looks good) but can the NDN ad the word Tuesday before the date of the hearing. The other
Notice of Intent to Consider Ordinance placed by Ann has it. Wish we could combine the two
ads to save costs.
Dinny
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Virginia A. Neet) Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252-S866 - Fax (239) 252-6688
New address as of November 1) 2818:
Collier County Office of the County Attorney
3299 Tamiami Tr. E.) Suite S88
Naples) FL 34112-5749
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.
-----Original Message-----
From: Teresa L. Polaski rmailto:Teresa.Polaski~collierclerk.coml
Sent: Wednesday) May 25) 2811 4:89 PM
To: WandaRodgriquez~colliergov.net; NeetVirginia
Subject: FW: Ad Confirmation
-----Original Message-----
From: Pagan) Emely rmailto:EPagan~Naplesnews.coml
Sent: Wednesday) May 25) 2811 3:54 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
ATTACHED please REVIEW your notice & confirm 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.
Thank you for placing your ad.
Ad Number 1983936
Total Ad Cost $254.22
1
17 D
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, May 26, 2011 12:23 PM
Teresa L. Polaski
RE: Ad Confirmation
YES
Emely pagan- Legal Dept.
Naples Daily News
1188 Immokalee Road
Naples, FL 34118
Direct: 239-213-6861
Fax: 239-263-4788
Email legals to: legals~naplesnews.com
-----Original Message-----
From: Teresa L. Polaski rmailto:Teresa.Polaski~collierclerk.coml
Sent: Thursday, May 26, 2811 12:28 PM
To: Pagan, Emely
Cc: Neet, Virginia
Subject: RE: Ad Confirmation
Is there a way I can change the text of this ad (by sending you a revised version) without
killing the ad and submitting it completely? The county attorney's office would like
something minor added.
Ad #1983936
-----Original Message-----
From: Pagan, Emely rmailto:EPagan~Naplesnews.coml
Sent: Wednesday, May 25, 2811 3:54 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
ATTACHED please REVIEW your notice & confirm 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.
Thank you for placing your ad.
Ad Number 1983936
Total Ad Cost $254.22
Emely Pagan
239-213-6861
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.
1
Teresa L. Polaski
170
To:
Cc:
Subject:
Attachments:
Legals NON
Pagan, Emely; NeetVirginia
Revision to Ad #1903936
Consolidated Impact Fee - Road Impact Fees.doc
Legals,
Per my discussion with Emely regarding Ad #1903936 to run on Friday June 3, 2011. I need to change to text. I have
attached the corrected ad to replace the existing one. Please send a new ad confirmation email with the new text. Thank
you so much
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
17D
Notice is hereby given that on Tuesday, June 14, 2011 in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners 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 CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE)
BY AMENDING PROVISIONS RELATING TO OBTAINING A CERTIFICATE OF ADEQUATE
PUBLIC FACILITIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
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
materials 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 the testimony and evidence upon which the appeal is
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, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
17 D 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN.
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
( SEAL)
Teresa L. Polaski
17D
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, May 26,2011 12:36 PM
Teresa L. Polaski
Ad Confirmation
UAS89.jpg
REVISED. . .
Thank you for placing your ad.
Ad Number 1903936
Total Ad Cost $249.06
Emely Pagan
213-6061
1
170
Notlc@ is hereby given that onTue5Qay, Jun~14, 2011 intheBoardroorTl,3rd FloGr,
Administratio'n ,B:~llding.Callier' CountyGov~rnment Cel,ter. 3299EastTami~mi
Trail, Nap.le-s,r Florida, the Board ofCountyCommissloners,viU ~onslder the enad-
mentof a County Ordinance. .The meeting will commence at 9:00 A.M. The tftleof
the proposed Ordinance Is as follo:ws:
NonCE QFINTENT rOCONSIDER ORDINANCE
AN ORDINANCE OFTHt, BOARD OF COUNTY COMMI$SIGNERSOFCOUIERCOUN-
TV, FLORID.A, AM,ENDING CHAPTER 74 Of THECOLL,IERCOUNTY CODE OF LA\lVS
AND ORDINANCES (Tl-lE COLLIER COUNTYCONSOUDATED IMPACT FEE ORDI~
NANCE) 8Y AMENDING P,ROVISIONS RELATING TO OBTAINING ACERTJFlCATEOF
ADEQUATE PUBLIC FAcrUTIES WITH RESPECT TO ,ROAD IMPACT FEES: PROVIDlf'JG
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AN 0 PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the. propos~d Ordinance are on 'file with the Clerl< to the Board and are
available for inspection. All iriterestedparties are invited to attend and ~e l1eard.
NOTE All persons wisHing to speakonan~1 agenda item. rnus-t register with the
CO!Jnty. administrator prior to presentation of the agenda Itern to pe aqdres$ed
Indlvfdualspeakers vvlll be limited 103 minutes on any item. Th~sele,ctton of an in-
dividual to speak on behalf of an organization orgrouip is encouraged. Ii re<:og-
n ized by the Chairman. a spokesperson fora group or organization maybe allotted
10. minutes' to speak on anilem.
Persons wishing to have 'A'ritten .or graphic materials indudedin the Board agenda
packets mustsubmltsaidmateriala, nllnil'nulT1of3 weeks prior to thereSf'-ectlve
public hearing.ln any casef "'tritten material!i Intended to becoflsideted by the
Board shaH be stJbmltted to the.a,RpropnateCQuntysta1f a InjnI n1urnof seven da~'S
p~ior to the publJc hearing. All malerial used ir,l presentations befor~ th~ Board
\Mll become a pennanentpartof the record.
Any persot'1who rjeGides to appeal. a de(tsion of the B,oardwillt1e~d a record of the
proc12ediT1gs p@rtain I og thereto Cllld therefore1 nUlY need to .ensure that a verbatim
record of t,.hepro,', .eedin,9S .,5, m, a, dej w. hlch recot'dincludes the testimony and evi-
dence ~lpon ~vnkh the appec:il i'5 based.
I~ ~ou are a person vVith, Cl disabi lity who. flf:e.ds any a.crommQdijtJon in order to par~
tl(lpate In thlsproceedIngj you are entitled. at no Gostloyou, to the provrsion of
certili n", ,a55i.s~a nee" P I@, ase, con~'}ct t~e .col,lief CQLlnty F,aC:il ities M al'\ager:rllm~, D,epart-
ment.J .'ocated at 3335 Tamlaml Trail East, BUIlding W. Naples, Florida 3411.2,(239.}
252.8380. ASSisted listening d@vic@s far the h@i1ring impain~d are availahl@ in the
County Commlsslo,..,ers' Office
BQARD OF COtJNT'tCOMMISSIONERS
COWER COUNTY, FLORIDA
FRED COYLE, CHAIRMA.N
D\NJGHT E, BROCK,. CLERK
By: TeresaPolaskt Deputy Clerk
(SEAL)
June 3, 2011
No1903936
Teresa L. Polaski
17D
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Thursday, June 02, 2011 11 :07 PM
Teresa L. Polaski
Thank you for placing your classified advertisement.
Ad # 1903936
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 14,2011
in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners 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
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER
COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO
OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES WITH RESPECT TO ROAD
IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE. Copies ofthe 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 materials 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 the testimony and evidence
upon which the appeal is 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, 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk
(SEAL) June 3, 2011 No1903936
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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1
NAPLES DAILY NEWS
Published Daily
Naples, FL 341 J 0
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarnev, 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
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on June 3, 2011
time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County. Florida, for a period of I
vear next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in t e said spaper.
( Signature of affiant)
Sworn to and subscribed before me
This 6th day 0 June, 2011
"""","
~~f!!Y "u/:'" KAROL E KANGAS
!~: -;"\ Notary Public - State 01 Florida
.. ... .- .
\~ o"} My Comm. Expires Jul 29. 2013
-"':;"~OFf''t:-'' Commission # DD 912237
"'lilli"
17D
'.. .
DWIGHT E. 8IlOCl(, ('UAK
r~~resaPo"li~t~,,:.t ~"..v hJ .,.'."
. " ' '.;c'\ ',C i:.,/;,ij):. n,:lJ~\I'; ~}.;
JUIYJ ~.' 'O.t, 4" -'~J. .' : ,-,,"if ,;;'1;",.\""\' .
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 11.1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of1he Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line#5 .
Office Initials Date
1. Judy Puig
loll~d<HI
~/( $" 4
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of1he original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of1he addressees above, inclwing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
item.)
Name of Primary Staff Amy Patterson Phone Number 252-5721
Contact
Agenda Date Item was June 14,2011 Agenda Item Number 17D
Approved by the BCC
Type of Document Ordinance lot \-,71) Number of Original 1
Attached Documents Attached
6. Minutes and Records
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 6/14/2011 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
Af
Ml1t
MY
~
I: Forms/ County Forms/ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~eJ. E~ A CCOUr)} :tF: 4SS I - (p I (p~ - 9
2.
3.
4.
5.
6.
N/A (Not
A licable)
N/A
17D
ORDINANCE NO. 2011 - 20
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE
ORDINANCE) BY AMENDING PROVISIONS RELATING TO
OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES WITH RESPECT TO ROAD IMPACT FEES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for transportation since 1985; and
WHEREAS, on March 13,2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, through its adoption of Ordinance No. 2009-09, the Board amended
Ordinance No. 2001-13, as amended, specifically provisions relating to the upfront payment of
road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow
payments over a five-year period; and
WHEREAS, the Board recognizes that developers are still expenencmg economIC
difficulties and on April 12, 2011, directed staff to review proposals and recommendations to
modify the payment schedule so as provide adequate upfront funding for road projects while
allowing developers to retain sufficient funding to move forward with projects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-302, Special requirements jor road impact fees, of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Underlined text is added; Struck tlmnlgh text is deleted
Page 1 of 4
17D
(h) Payment of road impact fees to obtain a certificate of adequate public facilities.
(1) A five year temporary certificate of public facility adequacy (COA) shall be
issued concurrent with the approval of the next to occur final local development
order. At the time a temporary certificate of public facility adequacy is issued,
t'Nenty thirty-three percent (~ 33%) of the estimated payment based on the
impact fee rate in effect at the time of the pre approval letter will be due and
deposited into the applicable impact fee trust fund. The funds will then be
immediately available for appropriation by the Board of County Commissioners
for transportation capital improvements and are non-refundable. Final
calculation of impact fees due will be based on the intensity of development
actually permitted for construction and the impact fee schedule in effect at the
time of the building permit(s) application submittal, such that additional impact
fees may be due prior to issuance of the building permit(s). The balance of
transportation impact fees shall be paid in four additional annual installments of
20%, beginning one year after the initial 20% payment.
(;!.) i\t the time a temporary CO,\ is issued, and the first twenty percent (20%) of the
estimated payment is paid, the applicunt will deposit v,'ith the County sufficient
security, the form of which has been approved by the Board of County
Commissioners, for a term of four years, in an amount equal to the 20%
payment.
f.B Upon payment of 100% of the estimated impact fees, the certificate will be
issued in perpetuity and the dedicated security will be released. No further
advance payments will be due once actual road impact fees are paid equal to the
initial estimated impact fees.
~ Failure to submit payment in accordance '.vith the pro'/isions of this subsection
shall result in the following:
it: Upon failure to cure following 10 days ';lfitten demand, the
County ';/ill exercise its payment rights to the dedicated security;
and
-&.-- The matter will be referred to the Bourd of County
Commissioners for review. ,\bsent the Board finding exceptional
circumstances, the temporary certificate of public facility
adequacy shall be revoked.
~ For those developments that ha'/e secured a tm-ee year CO,^~, in order to extend
the vesting period for an additional five years, the balance of the estimated
transportation impact fees, based on the impact fee rate in effect at the time of
the pre approval letter, must be paid in five additional annual installments of
20% with the first payment being made prior to the expiration date of the three
year certificate. For those developments that have secured a tm-ee year
certificate that has expired, in order to extend the vesting period for an
additional five years, the balance of estimated transportation impact fees based
on the impact fee rate in effect at the time of the pre approval letter must be paid
in five additional annual installments of 20%, with the first payment being made
'.vithin (30) thirty days of the effective date of this Ordinance. .^~t the time the
Underlined text is added; Struck through text is deleted
Page 2 of 4
17 D -1
first twenty percent (20%) of the estimated payment is paid, the applicant v,ill
deposit with the County sufficient security, the form of which has been
approved by the Board of County Commissioners, for a term of fiye years, in an
amount equal to the 20% payment. Upon payment of 100% of the balance of the
estimated impact fees, the certificate will be issued in perpetuity and the
dedicated security will be released. No further advance payments will be due
onco actual road impact fees are paid equal to the balance of the estimated
transportation impact fees. Failure to submit payment in accordance with the
provisions of this subsection shall result in the follo'.ving: (i) Upon failure to
cure following 10 days v.rritten demand, the County will exercise its payment
rights to the dedicated security; and (ii) The matter will be roferred to the Board
of County Commissioners for revie'N. Absent the Board finding exceptional
circumstances, the temporary certificate of public facility adequacy shall be
revoked.
(6--2) Offsets for road impact fees assessed to building permits for impact fees paid in
accordance with this subsection, as well as any remaining balance of payments
related to the original three year certificate, will be applied equally to the new or
remaining units or square footage and will run with the subject land.
(':/-1) This provision is to be read in conjunction with Section 10.02.07 of the Collier
County Land Development Code. To the extent this provision conflicts with this
or with any other Collier County ordinance, rule or regulation, the provisions of
this section shall control.
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 the 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 C:mnty, Florida. The sections of the Ordinances 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 be effective upon filing with the Department of State.
Underlined text is added; Stnlek throligh text is deleted
Page 3 of 4
17D
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I ~th day of J u n ~ , 2011.
",t. -.. -.. ~ _, ,,;:.,>,t~"'~"_,.',
A TT~~::;I; '.~?~~;""'~~;'
D'Mf~i.{;t~E;~Q~:~ c:.P~~
By,;~,~;~~~i{t~~c;S') ~~~r~i"
~;Q61j.
Approved as to form
and legal u Iciency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~W. ~
FRED W. COYLE, CHAIRM
Underlined text is added; Strue!( through text is deleted
Page 4 of 4
17D
.
'.
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 2011-20
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 CourtE!.~('tW'~~lerk
Ex-officio to,,'-aEfai;dooof- v"
..). . . .
County Commi:23~O?er$.... ...... ( ~~
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By: Martha V,erg~.l'a..:,lJ' f. ./
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Deputy Clerk.'''....