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Backup Documents 10/13/2009 Item #17HCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: NOTE: IN ORDER TO SAVE ADVERTISING COSTS, THIS AD WILL CONTAIN FOUR (4) ORDINANCE TITLES. PLEASE REVISE STANDARD LANGUAGE IN FIRST PARAGRAPH TO: "The titles of the proposed Ordinances are as follows:" Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: September 29, 2009 Petition No. (If none, give brief description): None 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) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) October 13, 2009 (NOTICE TO RUN NO LATER THAN FRIDAY October 2, 2009) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: XXX Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75 -16, AS AMENDED, RELATING TO THE CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVERNING BODY; MEMBERSHIP, APPOINTMENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SECTION SEVEN, "FUNCTIONS POWERS AND DUTIES," IN ORDER TO REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975 -16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 17H Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs: 1 001- 100510 - 649100 - P.O. 4500099539 Review id q d Division & ni ator or Designee Date List Att m nts: Proposed Ordinances DISTRIBUTION INSTRUCTIONS A. For bearings 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 OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17H ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75 -16, AS AMENDED, RELATING TO THE CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners adopted Ordinance No. 75 -16 which established the time, place and conduct of its meetings; and WHEREAS, subsequent amendments to Ordinance No. 75 -16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, Ordinance No. 75 -16, as amended, provides that in the absence of the Chairman and Vice Chairman, the Clerk shall determine if a quorum is present and call for election of a temporary Chairman to serve until arrival of the Chairman or Vice - Chairman; and WHEREAS, the Board of County Commissioners desires to amend this provision of Ordinance No. 75 -16 recognizing that the Clerk may not be available to perform this function in the event the Chairman and Vice Chairman are absent. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75 -16, AS AMENDED. Words Underlined are added; Words X14 =1feugh are deleted. Page 1 of 3 Section One is hereby amended to read a follows: 1. Meetings of the Board of County Commissioners: 17H e. Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Commission to order. In the Rhysical absence of the Chairman, and the Vice Chairman, the G ' h " `' ' 'P " the Board members present shall elect a temporary Chairman and a temporary Vice Chairman by majority vote and the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice Chairman. 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 County, 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. Words Underlined are added; Words Stfuek -T4Nk are deleted. Page 2 of 3 17H PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and le }al lu"ency: J I11' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Words Underlined are added; Words Saek hreugh are deleted. Page 3 of 3 17H ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVERNING BODY; MEMBERSHIP, APPOINTMENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Ordinance No. 2004 -03, known as the Collier County Airport Authority Ordinance, which Ordinance repealed and superseded prior ordinances pertaining to the Collier County Airport Authority; and WHEREAS, the Board of County Commissioners desires to amend Section Five of Ordinance No. 2004 -03, entitled "Governing Body; Membership, Appointment and Terms of Office," so as to provide for the appointment of an alternate member. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2004-03. Section Five is hereby amended to read as follows: Governing Body; Membership, Appointment and Terms of Office. (A) The governing body of the authority shall be composed of seven (7) members and one (1) alternate member appointed by the Board. The alternate member shall act only in the absence or disqualification of a regular member. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four year terms. There are no limitations on the number of times that members of the authority may be re- appointed to the authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re- appointed or a successor is appointed by the Board. Words Underlimd are added; Words Stmek Through are deleted. Page 1 of 2 17H 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 County, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk DONNA FIALA, CHAIRMAN Words Underlined are added; Words Swdeic4&eagh are deleted. Page 2 of 2 17H ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SECTION SEVEN, "FUNCTIONS POWERS AND DUTIES," IN ORDER TO REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Commission (now known as the Affordable Housing Advisory Committee), which Ordinance was subsequently amended by Ordinance Nos. 04 -77, 05 -69 and 08 -17; and WHEREAS, the Board of County Commissioners desires to amend Section Seven of Ordinance No. 91 -65, as amended, entitled "Functions, powers and duties" so as to remove the requirement for Committee review of all rezoning petitions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 91 -65, AS AMENDED. Section Seven is hereby amended to read a follows: SECTION SEVEN. Functions, powers and duties. The functions, powers and duties of the Affordable Housing Advisory Committee shall be as follows: Words Underlined are added; Words Swask Thfough are deleted. Page 1 of 2 17H (6y(5) The Committee shall investigate any other relevant areas so directed by the Board of County Commissioners. 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 County, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK M. , Deputy Clerk 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA us DONNA FIALA, CHAIRMAN Words Underlined are added; Words films T-4weagk are deleted. Page 2 of 2 ' 17H ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975 -16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, Ordinance No. 75 -16 was adopted by the Board of County Commissioners to establish a time, place, and conduct of Board of County Commissioner meetings, which Ordinance has been amended from time -to -time; and WHEREAS, the Board of County Commissioners desires to amend Section One, Paragraph 6 of Ordinance No. 75 -16, as amended, entitled "Reconsideration of matters generally." NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6 OF ORDINANCE NO. 1975 -16, AS AMENDED. Section One, Paragraph 6 is hereby amended to read as follows: 6. Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon only in aeeer-danee with subpafagr-aphs (d) and (e) of this subseeti If there were no public speakers on the item or if all of the public speakers for the item are still present in the boardroom following, a successful motion to reconsider the Board may elect to rehear the matter Words Un in are added; Words Stmek T#tel 0. are deleted. Page 1 of 3 17H „ during that meeting, or direct the County Manager tQ place the item on the agenda for a future meeting as set forth in subparagraph (2) If there were public speakers for the item, and not all of the public speakers are still present in the boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda for a future meeting as set forth in subparagraph (2). (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with . the followinK. (1) (ij Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. (e) ii ) Upon adoption of a motion to reconsider, the County Manager shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. (d) iii No motion to reconsider shall be made more than 30 days following the Board's vote on the matter sought to be reconsidered. (,iv) All parties who participated by sneaking submitting registration forms or written materials at the first hearing shall be notified by the County Manager of the date of reconsideration. Words Underlined are added; Words Stmele Thmu -l3 are deleted. Page 2 of 3 17N (e) (1?1 This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 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 County, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approl d qs 10 form and leglil ciency: Jeffrey County 111' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Words Underline are added; Words Stfur T# g#� are deleted. Page 3 of 3 17H Account #068784 September 29, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: Ordinance Amending Collier County Ordinance No. 75 -16 Dear Legals: Please advertise the above referenced notice on Friday, October 2, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500099539 17H NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 13, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed ordinance(s) are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75 -16, AS AMENDED, RELATING TO THE CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVERNING BODY; MEMBERSHIP, APPOINTMENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SECTION SEVEN, "FUNCTIONS, POWERS AND DUTIES," IN ORDER TO REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975 -16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Chair, 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 17H 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P Jennejohn 17H To: 'legals @naplesnews.com' Subject: Amending Ordinance 75 -16 Hi there, Please advertise the attached on Friday, October 2, 2009. Amending )rdinance 75- 16.doc 0 %MEND ORD 75 -16, 04 -03, 91- 65,... Thank you, Ann Jennejohn Clerk to the Board Minutes and Records Department 239 - 252 -8406 Fax: 239-252-8408 ann,,Ienneiohn@collierclerk.com Ann P. Jenneiohn From: postmaster @collierclerk.com Sent: Tuesday, September 29, 2009 2:19 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. 17 Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Ieclals@napllesnews.com 17H Ann P Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Ann P. Jennejohn Subject: RE: Amending Ordinance 75 -16 ok From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, September 29, 2009 2:19 PM Posted To: Legals - NDN Conversation: Amending Ordinance 75 -16 Subject: Amending Ordinance 75 -16 Hi there, Please advertise the attached on Friday, October 2, 2009. <<Amending Ordinance 75- 16.doc>> Thank you, <<AMEND ORD 75 -16, 04 -03, 91 -65, 75- 16.doc>> Ann Jennejohn Clerk to the Board Minutes and Records Department 239 - 252 -8406 Fax: 239 - 252 -8408 ann. jenne.john@collierclerk.com 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. 17H Ann P Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, September 30, 2009 4:13 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS68A.jpg CORRECTION... Thank you for placing your ad. Date 09/30/09 Publication NDN Ad Number 1819155 Total Ad Cost $354.26 Emely Pagan 239 - 213 -6061 NOTICE OF PUBLIC HEARING County is hereby given that the Board of 17H County Gomnt ssioners of Golder County ' will hold a public hearing on Tuesday; Oc- tober 13, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta, miami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The t1Tle of the proposed ordinances) areas (allows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Of COLLIER COUNTY, rLORiDA, AMENDING ORDI- NANCE NO. 75-16, AS AMENDED, RELAT- ING TO THE CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSION- ERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN: PROVIDING FOR CONFLICT AND SEVERABILITY; PROVID- ING FOR INCLUSION IN THE COD.E Of LAWS AND ORDINANCE: AND PROVIDING AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, .AMENDING ORDI- NANCE NO. 2004 -03. THE COLLIER COUN- TY AIRPCIRT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE. "GOVER- NING BODY; MEMBERSHIP. APPOINT- MENT AND TERMS OF OFFICE," IN ORDER 10 PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVID- ING FOR CONFLICT AND 5EVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PRO- VIDING FOR AN EFFECTIVE DATE, AN ORDINANCE Of THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO, 91 -65, AS AMENDED, PER- TAINING TO THE AFFORDABLF HOUSING ADVISORY COMMITTEE. SPECIFICALLY, SECTION SEVEN. "FUNCTIONS. POWERS AND !DU'TIES,` IN ORDER TO REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDINC FOR CONPL.ICT AND SEVERASILITY; PRO- VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVID- ING FOR AN EFFECTIVE DATE. AN ORDINANCE Or THE BOARD OF COUNTY COMMISSIONERS OF.COLLIEP COUNTY, FLORIDA, AMENDING ORDI- NANCE NO 1975 -1G, AS AMENDED, BY REVISING THE PROCEDURE FOR RECON- SIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND Pli VIDING FOR AN EFFECTIVE DATE. NOTE All Persons wishing to speak on any agenda item must register with the County Administrator prior to presenta- tion of the agenda item to he addressed. Individual speakers will be limited to minutes on any item. The selection of an individual to speak on behalf of an arga- nrzatlon or group is encouraged. It rec- ognized by the Chair, a spokesperson for a group or organization may be allotted 10 minines to speak on an item. Persons wishing to have written or graph- ic materials included in the Board agenda packets must submit said material a min- mum of 3 weeks prior to the respective public hearing. In any case, written ma- terials intended to be considered by The Board shall be submated to the appropn- ate County staff a minimum of seven days prier to the public hearing. All material used in presentations before the Board will become a permanent part of the rem card. Any person who decides to appeal a deci- sion of the Board will need a record of the proceedings pertaining thereto and therefore, may need TO ensure that aver - 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 with a disah'lity whc needs any accommodation in order to participate in this proceeding; you are en- titled, at no cost To you- to the provision of certain assistance Please contact the Collier County Facilities Management De- partment, located at 3301 Tamiami Troll East, Build' gW, Naples, Florida 34112, (239} 252 8380. Assisted listening devices for tite hearing impaired are available in the Counry Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA DONNA rlALA, CHAIRMAN DWIGHT E. BR(";, CLERK By: Ann, Jennejahn, Deputy Clerk {SEAL) October 2, 2009 Ncii9191:SS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Board of County Comrnrssione"s of Collier County will Bold a public.hearing on Tuesday, Oc- tober 13, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center. 3301 East Ti- mlarni Trait, Napier, Florida The meeting will begin at 9'00 A.M. The title df the proposed ordinance(s) are as follows' AN ORDINANCE OF THE BOARD Or COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO. 75.16, AS AMENDED, RELAT ING TO THE CONDUCT OF MEETINGS OF THE BOARD Of COUNTY COMMISSION FRS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCF OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERAHILITY; PROV-ID- ING FOR INCLUSION IN TIIE CODE OF- t,NWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMIS51ONERS OF COLLIER COUNTY. FLORIDA, AMENDING ORDt- NANCE NO. 200-0-03, THE COLLIER COUN- TY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, 'GOVER- NING BODY, MEMBF.R5HIP, APPOINT- MENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER. PRQVID, ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE, AND PRO- VIDING FOR AN EFFECTIVE. DATE, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AMENDING ORDI, NANCE NO, 91-65. AS AMENDED, PER- TAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SECTION SEVEN, 'FUNf.TIONS, POWERS AND DUTIES,' IN ORDER TO REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS, PROVIDING FOR CONFLICT AND 5EVERA3ILITY, PRO VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PP,OVID ,NG FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE 9OA40 OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO. 1975.16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECON- 51D ^RATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS, PROVID- ING FOR CONFLICT AND SEV'ERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND PRO - VIDING FOR AN EFFECTIVE DATE NOTE All Persons wiShing'to speak on any agenda item roust register with the County Administrator prior to presenta- Lion of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any Item. The s'electi'on of an individual to speak on behalf of anorga nizatlon or group is encouraged. If rec- ognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes To speak on an Item. Per_cons wlshin to have Written r;,r graphic materials included in the Board agenda packets must submit said material a minlrnum of 3 weeks prior to the re- spective puk)Ilc hearing. In any case, Writ- ten m�iterials Intended to be considered by theAoItd 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 'oeeome a permanent part of the record: Any person who decides to appeal a de- cision of the Board will need a record of The proceedings pertaining thereto and therefore, may need to ensure that a ver- batim record of the .nroseedings 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 en• titled, at no cost to you, to the provision of certain assistance: Please contact the Collier County Facilities Management De, partment, located at 3301 Tamlami Troll East, Building W, Naples, Florida 34112. (239) 252 -8380. Assisted listening devices for the hearing Impaired are available in the County :ommi%ioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIAi.A, CHAIRMAN DWIGHT E. RROCK, CLERK By: Ant) Ile nnelohn, DrputyClerk (SEAL) October 3, 2009 N01819155 17N ! Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------- - - - + -- BCC /ODES BUDGET OFFICE CLERK OF CIRC. COURT POB 413044 S AMMERMANN /FINANCE DEPT NAPLES FL 34101 REFERENCE: 068784 P.O. #4500099539 59592209 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. 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, 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 1 year 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 the said newspaper. PUBLISHED ON: 10/02 10/02 AD SPACE: 133 LINE FILED ON: 10/02/09 ----------------------------------------------------- Si nature of Affiant ( 4"', Sworn to and Subscribed before me this '144% day of Personally known by me V� AN ORDINAyG4 OF THE BOARD .01` COUNTY C SSIONERS OF COLLIER COUNTYI� F DA AMENDING �ORDI- REVISINOOVPR EG DURE FOR�REY BOA OF COUNT GOMMM SSIONER5; PROM ING FOR CONFLICT AND SRE- I LIIgTY DOE O LAWSRANCLU ON NANCES: AND PROVIDING FOR AN EF- FECTIVEDATE. s wlshiag to have written or c materials Included In the amr orsne rvseoro. Any pp�nof yip decides to pe a deeislott' of tl+e 'Road wlll need a�re- cord of the p aaleedlnps pertaining thereto and Crefore, may need to ensure that a verbatlm record of the proceedings Is made, which record Includes the and evidence upon which the based. If you lire a psr� n with a disability to- s�lany ac In this iceeding; You are entitled, at no cost to you, to �ov • BOARD COLLIE DONNA H yyw__ SM. , I�ced listening e- the hearintl impaired are In the County Commission- COMMISSIONERS Clerk T ORIGINAL DOCUMENTS CHECKLIST & ROUTING S LIP 1?14 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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature draw a line throu h routing lines # I throw #4, complete the checklist and forward to Sue Filson line #5). Route to Addressee(s) List in routing order Office Initials Date 1. appropriate. Initial) Applicable) 2. 10 -13 -09 Agenda Item Number 1 —A 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 —ZE— 10 -14 -09 5. Ian Mitchell, Supervisor — BCC Office Operations Board of County Commissioners _ Documents Attached I o Otj I 11-105 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 1 Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate. Initial) Applicable) Agenda Date Item was 10 -13 -09 Agenda Item Number 1 —A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance (Reconsideration Policy) Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04- COA- 0119011245 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 Attorney's JAK Office and all other parties exce t 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 10 -13 -09 and all changes made during JAK the meeting have been incorporated in the attached document, The County Attorney's W Office has reviewed the changes, if applicable. I 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04- COA- 0119011245 MEMORANDUM Date: October 27, 2009 To: Jeff Klatzkow County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009 -49, 2009 -50, 2009 -51 and 2009 -52 Enclosed please find one (1) copy referenced above adopted by the Board of County Commissioners on Tuesday, October 13, 2009. The original document will be kept as part of the Board's permanent record in the Minutes and Records Department. If you have any questions, please call me at 252 -8411. Thank you. Enclosed (1) MEMORANDUM Date: October 27, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009 -49, 2009 -50, 2009 -51, 2009 -52 and 2009 -53 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, October 13, 2009. If you should have any questions, please call me at 252 -8411. Thank you. Attachments lip ORDINANCE NO. 2009- 5 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975 -16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, Ordinance No. 75 -16 was adopted by the Board of County Commissioners to establish a time, place, and conduct of Board of County Commissioner meetings, which Ordinance has been amended from time -to -time; and WHEREAS, the Board of County Commissioners desires to amend Section One, Paragraph 6 of Ordinance No. 75 -16, as amended, entitled "Reconsideration of matters generally." NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6 OF ORDINANCE NO. 1975 -16, AS AMENDED. Section One, Paragraph 6 is hereby amended to read as follows: 6. Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon-,-bt4 only in aeeer-danee with subpafagr-aphs (d) and (e) of this subseeti If there were no public speakers on the item or if all of the public speakers for the item are still present in the boardroom following a successful motion to reconsider, the Board may elect to rehear the matter Words Underlined are added; Words StFUe k - Thf!ettgh are deleted. Page 1 of 3 17/1 during that meeting or direct the Count Manager to place the item on the agenda for a future meeting as set forth in subparagraph (2). If there were public speakers for the item, and not all of the public speakers are still present in the boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda for a future meeting as set forth in subparagraph (2). (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with . the following: (b) (i) Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. (e) Cii Upon adoption of a motion to reconsider, the County Manager shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. (d) CiiijNo motion to reconsider shall be made more than 30 days following the Board's vote on the matter sought to be reconsidered. (iv) All parties who participated by speaking_ submitting registration forms or written materials at the first hearing shall be notified by the County Manager of the date of reconsideration. Words Underlined are added; Words Stme T"~^^^h are deleted. Page 2 of 3 178 {e} (1?1 This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 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 County, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this t3 -kday of 2009. ATTEST:. w DWIGHT I- nROCK,- `;CLERK t1 „ puty Clerk Annro4ed as Io Farm and legal 1pfflciency: Jeffrey County BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA By: DONNA fIALA, CHAIRMAN Words Underlined are added; Words Struek Through are deleted. Page 3 of 3 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 -52 17H Which was adopted by the Board of County Commissioners on the 13th day of October, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of October, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board:: c6t; County Commisg4 .nc'rs-' ' Teresa PoIS}•i.,• a' Deputy Cler'}y raae.ee see;t