Resolution 2006-159
RESOLUTION NO. 2006-159
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 7, 2006,
WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF
THE COUNTY OF COLLIER, FLORIDA WANT ADEQUA TE
CAPACITY TO EXIST ON THE COUNTY'S ROAD SYSTEM BEFORE
NEW DEVELOPMENT CAN BEGIN; PROVIDING FOR AN EFFECTIVE
DA TE.
WHEREAS, Collier County recognizes the need to plan for future growth and has
developed a long-range transportation plan to insure that adequate vehicular trip capacity exists
throughout the transportation network; and
WHEREAS, the Board of County Commissioners enacted a transportation concurrency
management system as part of its Growth Management Plan that requires adequate road capacity
to be in place, under construction or under contract within two (2) years of the issuance of a
development order; and
WHEREAS, on June 24, 2005, the Governor signed into law senate Bill 360, commonly
referred to as the Growth Management Law (FL. Statutes, Chapter 163), which reduced the
County's ability to locally control growth and the transportation demands of development; and
WHEREAS, an understanding of the voters desire about road capacity may serve to guide
and direct the deliberations and actions of the Board of County Commissioners and the local
legislative delegation in future legislative initiatives regarding this subject.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled in
the Board of County Commissioners' Chambers at 3301 East Tamiami Trail, Naples, Florida,
this 20th day of June, 2006, A.D., as follows:
SECTION 1.
Findings.
It is found and declared that:
(A) This Resolution is adopted pursuant to applicable provisions of law.
(B) It is desired to ask the electors of the County if they want adequate road capacity
to exist before new development can begin.
(C) The expenditures authorized serve a paramount public purpose and benefit.
(D) The recitations of the preamble are hereby adopted as findings herein.
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SECTION II.
Referendum Election Ordered.
A referendum election is hereby ordered to be held In Collier County, Florida, on
November 7, 2006, to determine whether or not the electors of the County want adequate road
capacity to exist before new development can begin.
SECTION III.
Voting.
The polls will open at the voting places on the date of such election from 7:00 a.m. to
7;00 p.m. on the same day. All qualified electors residing within the County shall be entitled and
permitted to vote at such an election as hereinafter provided. The referendum election shall be
held and conducted in the place or places prescribed by law for general elections in the County.
The referendum election shall be held and conducted in the manner prescribed by law for
holding general elections in the County, and the County Manager and Supervisor of Elections are
directed to take all necessary measures to conduct the election in all manner required by law.
The returns shall be properly canvassed by the County Canvassing Board to be comprised by
law, and all procedures and requirements of state law and other applicable law shall be complied
with for the purpose of conducting the computation of ballots and completion of election
procedures.
SECTION IV.
Ballots.
The ballots to be used in the referendum election shall be on plain white paper, or
otherwise permitted electronic format, and which will provide facilities for qualified electors to
vote for or against the question as they may choose. Voting equipment shall be used at such
referendum election as the Supervisor of Elections deems appropriate and as permitted by law.
The question appearing on the ballots to be used in the referendum election shall be in
substantially the following form:
BALLOT
REQUIREMENT FOR ADEQUATE ROAD CAPACITY
STATE GROWTH MANAGEMENT LAW PERMITS NEW
DEVELOPMENT TO PROCEED UNDER CERTAIN
CIRCUMSTANCES EVEN IF ADEQUATE ROAD CAPACITY
WILL NOT EXIST FOR 3 TO 5 YEARS. SHOULD THIS LAW
BE CHANGED TO REQUIRE ADEQUATE ROAD CAPACITY
BEFORE NEW DEVELOPMENT CAN BEGIN?
YES_
NO
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SECTION v.
Absentee Voting.
Adequate provision shall be made for absentee voting. Ballots shall be used suitable for
absentee voting at the election. The form of ballots to be used in the election for absentee voters
shall be in substantially the form set out above and in accordance with the Florida Election Code.
SECTION VI.
Results of Election.
Returns of the votes cast at the election shall be made to and canvassed by the
Canvassing Board and the Canvassing Board shall declare the results and certify the same to the
County Manager to be recorded in the minutes of the County. The public should be aware and
on notice that this ballot is in the nature of a "straw" ballot to clearly understand the
desires of the electorate as to development and road capacity. Regardless of the results of the
election, the Supervisor of Elections is hereby directed to submit such results to the Department
of State pursuant to Section 100.351, Florida Statutes.
SECTION VII.
Publication of Resolution and Notice.
At least 30 days notice of the election shall be published in the Naples Daily News, or
any other newspaper of general circulation within the County, at least twice, once in the fifth
week and once in the third week prior to the week in which the election is held, in the manner
provided in Section 100.342, Florida Statutes. The notice of election shall be in substantially the
following form:
NOTICE OF REFERENDUM
COUNTY OF COLLIER, FLORIDA,
ON NOVEMBER 7, 2006
NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA,
REFERENDUM will be held on the th day of November, 2006, in the County of
Collier, Florida, for the purpose of answering the following question: State
Growth Management Law permits new development to proceed under certain
circumstances even if adequate road capacity will not exist for 3 to 5 years.
Should this law be changed to require adequate road capacity before new
development can begin?
The polls will be open at the voting places on the date of referendum
election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in Resolution
No. 2006-159, adopted by the Board of County Commissioners of Collier County,
Florida on June 20, 2006, which is a matter of public record.
All qualified electors residing within the County of Collier shall be
entitled, qualified and permitted to vote at such election.
The County of Collier, Florida
Frank Halas, Chairman
Board of County Commissioners
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SECTION VIII.
Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 20th day of June, 2006.
ATTEST:
Dwight E. Brock, q.ERK
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF COLLIER, FLORIDA
BY:
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Frm1'l<'ftalas, CHAIRM N ~
Approved as to form and legal sufficiency
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Michael W. Pettit
Chief Assistant County Attorney
04-bcc-OI199/497
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