Loading...
Backup Documents 04/13/2010 Item #17B178 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ❑ Other: ® Normal legal Advertisement (Display Adv., location, etc.) ............................................................ .............................., Originating Dept/ Div: County Attorney Office Person: Jeffrey A. Klatzkow, County Attorney Date: March 18, 2010 Petition No. (If none, give brief description): Amendments to Ord. No, 90 -17, as amended (Noise Ordinance) Petitioner: (Name & 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 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 4/13/10 BCC Meeting. To be advertised no later than FRIDAY, APRIL 2, 2010) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A DoesA"�phtion[e nclude advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs: 11'. I1 j 1 _.,a/ 001- 100510- 649100 - P.O. 4500110664 3 l v i- o bg,-$� Division #710stra3S or Designee Date List Attactlmtt�: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy 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 file: 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 OFF F ICE USE ONLY: [/ ' I Date Received: � /� /fit t`,n" Date of Public hearing: f � OfD Dale Advertised: '�t 2 1 I 17 B , ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 13, 1990, the Board of County Commissioners adopted Ordinance No. 90 -17, known as the "Collier County Noise Control Ordinance," codified as Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 93 -77, 96 -29, 00 -68, 04 -55, 07 -61, and 08 -68; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90 -17, as previously amended, to provide an exemption for noise resulting from certain authorized uses, to account for historic levels of noise resulting from said uses, including but not limited to activities and events authorized by the Swamp Buggy Days Planned Unit Development, Ordinance No. 84 -26, at the Florida Sports Park swamp buggy race track. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT TO SECTION SEVEN, ORDINANCE NO. 90-17 SECTION SEVEN. EXEMPTIONS. The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.B: R. Noise from Swamp Buggy events. Noise associated with allowable events emanating from the current location of the Swamp Buggy Recreation and Snorts Park, including but not limited to motor racing tractor pulls festivals and music concerts. Developers of parcels that adjoin the Swamp Buggy Recreation Page 1 oft Words underlined are added; Words .st^uek4kR'-�gh are deleted. and Sports Park, or parcels that would otherwise be substantially affected by the noise generated by the Swamp Buggy Recreation and Sports Park must provide both actual and recorded notice to all prospective residents within such properties of this exemption, in a form to be approved by the County. 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 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 re- lettered 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ATTEST: DWIGHT E. BROCK, Clerk By Appr ved as form and It a s iency Jeffre tzkow County ey 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M , Deputy Clerk FRED COYLE, CHAIRMAN Page 2 of Words underlined are added; Words st- ^'- .,.�.;t.,,raug3i are deleted. 178 "M Acct. #068784 March 19, 2010 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 90 -17; The Collier County Noise Ordinance Dear Legals: Please advertise the above referenced notice on Friday, April 2, 2010, 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. # 4500110664 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 13, 2010, in the 17 B Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; 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 5 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. s� 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 Teresa L. Polaski To: Naples Daily News Legals Subject: Noise Ordinance Amendments Attachments: Amending Ordinance 90- 17.doc; AMEND ORD 90- 17.doc Legals, Please advertise the following legal ad on Friday, April 2, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Teresa.Polaski @col lierclerk.com) 179 17B Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, March 19, 2010 10:00 AM To: Teresa L. Polaski Subject: RE: Noise Ordinance Amendments 73 From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Posted At: Friday, March 19, 2010 8:41 AM Posted To: Legals - NDN Conversation: Noise Ordinance Amendments Subject: Noise Ordinance Amendments Lega Is, Please advertise the following legal ad on Friday, April 2, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fox ( Teresa .Polaski @col lierclerk.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 Coilier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(@colliercierk.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. 17B Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, March 19, 2010 1:14 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UASBC3.jpg ATTACHED please review your notice & confirm approval via email. Should you have any changes or corrections, please email me. Thank you for placing your ad. PUB. DATE APRIL 2, 2010 Publication NDN Ad Number 1845533 Total Ad Cost $259.38 Emely Pagan 213 -6061 NOTICE or INTENT TO CONSIDER ORDINANCE 17B 8 Notice is hereby given that on Tuesday, April 13, 2010, in the Boardroom, 3rd Flour, Administration Building, Collier County government Center, 3301 East Ta- miami 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 COUN- TY, FLORIDA, AMENDING ORDINANCE NO. 90-17. AS AMENDED, THE COLLIER COU14T`f NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMP- TIONS, PROVIDING FOR AN EXEmPTiON OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMI" BUGGY RECREATiON AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF TI-115 EXEMP- TION. PROVIDING FOR iNCLUSION IN THE CODE OF LAWS AND ORDINANCES: PRO - ViDING FOR CONFLICT AND SEVERABILITY; ANCI PROVIDING FOR AN EFFECTIVE DATE Copies of the proposed Ordnance are an 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 Counts,r administrator prior to presentation gat The agenda itern to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an in. dividual to speak on behalf of an organization or group is encouraged, If rer_otd- nized by the Cihairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graph c materials included in the Beard agen• da packets must submit said material a minimum of 3 weeks prior to the respective L1 _ hearing. In any case, written materials intended to be considered by the �oard shall be In 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 vvho decides to appeal a decision of the Beard will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person vvith a disability who needs any accommodation in order try par - ticipate in this proceeding, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 330-1 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 - 83130. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY C[OMMISSIONEIRS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E BROCK, CLERK By, Teresa Polaski. Deputy Clerk _April 2, 2010 No1845533 178 t (A l,- � ( - " - qV--1 q NOTICE OF INTENT TO CONSIDER ORDINANCE Notice 's hereby given that on Tuesday, April 13. 7o W, im Me 8padroom;3rd Floor, Administration Building, Cdlier County Government Center, l onsidI Ta- mlaml Trail, Naples, floritla, the Baaftl of County Cpmmiulonela will consider the enactment of a County'Ordinanae. The meeting will commence at 910 A.M. The` title of the proposed Ordinance is as follows: ' AN l'MOINARMF OP THE BOA 'OF'COUNiY COMMSVMERy OF COLdIER. COUN- TY, FLORIDA, AM BgNfRfia�NG NGE NO 90 -1'/, AS. AMENDED, THE COtV��QjR COONry NOISB CONiROI BY AMENDNiO SECTION SES�N, E %EMp- TIONS, PROVIDING FOR AN Sri OF NONB ARSULTINO FROM AUTHOR P- USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS i%fMP- TION; PROVIDING' FOR INCLUSION IN THE CODE OF LAWS`AND ORDINANCESTPRO- VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CO pias of the proposed Ordinance are on file with the Clerk to the Board and are aval Ieble for inspection. All interested parties are invited to attend and be heard. NOTE- All PFersons wishing to speak on any agenda item must register with the Count' administrator prior to presentation of .the agenda item to. be addressed. Individual Fpeakers will M limited to 5 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group § encouraged. If taco nized by the Chairman, 4spokesperson for a group or organization map be'aRotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials Induced In the Board agen- da packets nun submit said material a Ashdmum of 3 weeks prior to. th respective public hearing In any Due, wdMen Ynilarlals Imendet�pB oo be comidered yy she Board shall be submitted to the appropriate County staff s minimum of seven days prior to the Awnsi AR malarial used m pNdaN sitiorn before the Board will become anetR part .of the record. Any Person who decidet to appeal a decision of the Board will need a raamd of the proceedings pertaimog theretoo and therefore masL.naeaedfi to ensure that a very batlm record of the proee made e= aMudW the testimony and evidence upon wirkhyae'gppka briar 1. M you are a Panama with,a dkab9lty who needs any wommodation in order to Par ticipate In this proceedings you are @mfd d, at no cdn tb You, to the provision of certain axrotange Please: cprttOFt the Col"" F���sscggqRRRks Management rt - mein, kuated M.3301 Tsndums Trait EaFt, gull , Na�es, FloridoV (239)2528380. Assisted INYemrlg dewcei for Me hea og mpa red are available in the County Commissioners' Off ce. BOARD OF COUNTY COMMISSIONERS COLLIER COMM, FLORIDA FRED COYLE, CHAIRMAN' DWIGHT E. BROCK, CLERK BY: Teresa Polasks, Depaey Clerk 17B Martha S. Vergara From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Friday, April 02, 2010 12:17 AM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad 9 1845533 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, April 13, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVER ABILITY; 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 5 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 3301 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 April 2, 2010 No1845533 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. NAPLESBONITA DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, 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 I time in the issue on April 2, 2010 Affiam 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 Count}, Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the rust e I ' NOTICE. OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given the on Tuesday, AprR 13, 2010, In the Boardroom, 3rd Floor,: Administration Bulldpso. CNlier Cwitty GO"Mrseat Center, 3301 East T, m1am1 Trail, Naples, FbAda the RoeM of Counts COmmissiwprs W A.ssslder the title of the Of is Co my 074nceoaafigThhe meeting wBl commenoe at *M A.M. The ;StS E,R CIWDU* 'A WON01 COLLIER EXEMP. T � EtR LO 6 A AND STppRTB PAWK; P i6 F{y0. ACNAL AND RECLHOByyOS THIS, EREMP- VIMNG �FOR�CONFUCT ANDS EVERA81LRY AND FPROVIDINGD FORM AN eFFECNPVE DATE. Copies of the,vroposed Ordinance are on 4110 with the Clerk to the Board and are avadabledor impettioh. Allineara to Panties are invited to atterMarM be.Nead. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SkV B r I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 Nl through p4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines N I th,no h 44 nom lm thr rhrrirllet and fnn ,,,1 m Q­ Floe.. (n..n Nc\ Route to Addressee(s) List in routing order Office Initials Date 1. appropriate. (Initial) Applicable) 2. 4/13/10 Agenda Item Number 17 -B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 4/14/10 5. Ian Mitchell, Supervisor - BCC Office Operations Board of County Commissioners Documents Attached aI l I I S( O 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the 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 of the addressees above, including Sue Filson, need to contact 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 item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attomey Phone Number 252 -8400 Contact appropriate. (Initial) Applicable) Agenda Date Item was 4/13/10 Agenda Item Number 17 -B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance 2010 -16 (Amendment to Noise Number of Original One Attached Control Ordinance) Documents Attached INSTRUCTIONS & CHF,CKLIST C Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attomey's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson 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 Your deadlines! 6. The document was approved by the BCC on 4 -13 -10 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1W C Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 178 MEMORANDUM Date: April 27, 2010 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -16: Amending Ordinance No. 90 -17, as amended, Collier County's Noise Control Ordinance, providing the exemption of noise from authorized uses at the Swamp Buggy Recreation and Sports Park Attached for your records, is a copy of the Ordinance referenced above, (Item #17B) adopted by the Board of County Commissioners April 13, 2010. If you have any questions, please contact the Minutes and Records Department at 252 -8406. Thank you. Attachment (1) 178 1 MEMORANDUM DATE: April 27, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: (Validated) Ordinance 2010 -16: Amending Ordinance No. 90 -17, as amended, Collier County's Noise Control Ordinance, providing exemption of noise from authorized uses at the Swamp Buggy Recreation and Sports Park Attached for your records, is a copy of the document referenced above, adopted by the Board of County Commissioners Tuesday, April 13, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment (1) ORDINANCE NO. 2010 - 16 1 ` O g AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 13, 1990, the Board of County Commissioners adopted Ordinance No. 90 -17, known as the "Collier County Noise Control Ordinance," codified as Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 93 -77, 96 -29, 00 -68, 04 -55, 07 -61, and 08 -68; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90 -17, as previously amended, to provide an exemption for noise resulting from certain authorized uses, to account for historic levels of noise resulting from said uses, including but not limited to activities and events authorized by the Swamp Buggy Days Planned Unit Development, Ordinance No. 84 -26, at the Florida Sports Park swamp buggy race track. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT TO SECTION SEVEN, ORDINANCE NO. 90 -17 SECTION SEVEN. EXEMPTIONS. The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.8: R. Noise from Swamp Buuev events. Noise associated with allowable events emanating from the current location of the Swamp Buggy Recreation and Sports Park, including but not limited to, motor racing, tractor pulls festivals and music concerts. Developers of parcels that adjoin the Swamp Buggy Recreation Page] of 2 Words underlined are added; Words s'k `WE) gh are deleted. 17B _, I and Sports Park, or parcels that would otherwise be substantially affected by the noise generated by the Swamp Buggy Recreation and Sports Park, must provide both actual and recorded notice to all prospective residents within such properties of this exemption, in a form to be approved by the County. 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 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 re- lettered 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 01P A 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By . By. ` -� y Clerk FRED COYLE CHAIRM _, Appr vets as form and I& §�i i em v: County Page 2 of 2 Words underlined are added; Words struck- Nxeugh are deleted. 178 ; �j 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 2010 -16 Which was adopted by the Board of County Commissioners on the 13th day of April, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejc>`hri, Deputy Clerk