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Agenda 07/11/2023 Item #10A (Clear concerns and approval the the Tree Farm Mixed-Use Planned Unit Development)10.A 07/ 11 /2023 EXECUTIVE SUMMARY Discussion to clear the record concerning last meeting's public hearing and approval of the Tree Farm Mixed -Use Planned Unit Development (Item 9A). OBJECTIVE: To clear the record as to public participation during last meeting's public hearing and approval of the Tree Farm Mixed -Use Planned Unit Development (Item 9A). CONSIDERATIONS: I have received certain comments from residents of the Quarry concerning this public hearing that I would like to discuss. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. 17 0[411]0V 107 1040 by.% Y [11►E1•►rem- Prepared by: Burt L. Saunders, Commissioner District 3 Packet Pg. 48 10.A 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doe ID: 25930 Item Summary: Discussion to clear the record concerning last meeting's public hearing and approval of the Tree Farm Mixed -Use Planned Unit Development (Item 9A). (Sponsored by Commissioner Saunders) Meeting Date: 07/11/2023 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 06/21/2023 4:02 PM Submitted by: Title: Commissioner District 3 — Board of County Commissioners Name: Burt Saunders 06/21/2023 4:02 PM Approved By: Review: Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Wanda Rodriguez Level 3 OMB Gatekeeper Review Skipped 07/05/2023 10:17 AM Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2023 10:47 AM Amy Patterson Level 4 County Manager Review Completed 07/05/2023 12:17 PM Geoffrey Willig Meeting Pending 07/11 /2023 9:00 AM Packet Pg. 49 10.B 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation to hear a summary report of the Florida State Legislature's Office of Program Policy Analysis and Government Accountability (OPPAGA) study on exhaust system noise regulation for motor vehicles and motor -driven vehicles, and receive an update from Quiet Florida regarding reducing noise pollution from illegal vehicle modifications. OBJECTIVE: To hear a summary of the OPPAGA report received by the Florida Legislature and receive an update from Quiet Florida regarding reducing the noise pollution from illegal vehicle modifications. CONSIDERATIONS: On January 23, 2023, in anticipation of the upcoming budget cycle, Commissioners Saunders asked the County Manager to work with the Sheriff's office to address the noise pollution caused by vehicle modifications. The increase in noise pollution is a source of profound concern due to the social, health, and environmental impacts. According to law enforcement, the modifications to vehicles causing the increased noise and air pollution include illegal muffler modifications, altered or removed catalytic converters, and the removal of anti -pollution measures on heavy duty trucks. These modifications constitute a serious hazard to the public and the environment. On February 28, 2023, the Board heard the request by Quiet Florida to reduce the noise pollution from illegal vehicle modifications. At that time, the Board directed staff to provide a report on noise cameras, work with Sheriff and Quiet Florida on public education options, and pursue an overview of recommendations by the Sheriff to OPPAGA. In 2022, the City of Miami Beach instituted a pilot program to monitor noise pollution; however, based upon current state law, the City is limited to providing warnings to drivers and is unable to issue citations using the noise cameras. In support of state action on this issue, the City of Miami Beach enacted Resolution 2022-32441, urging the Florida Legislature to enact legislation expressly authorizing counties and municipalities to utilize noise cameras in order to issue traffic citations for excessive vehicular noise. OPPAGA was directed by the Legislature to provide the results of the study to the Governor, President of the Senate, and the Speaker of the House of Representatives no later than June 1, 2023. Quiet Florida will also provide an update with suggestions to reduce the noise pollution from illegal vehicle modification. Pursuant to Section 316.293(5) F.S., the Sheriff's Office issues citations to drivers of vehicles with modified exhaust systems and businesses and individuals that make such modifications. A non-moving violation fine of $113 is supplemented by penalties applied in Section 318.18 F.S., which provides an additional fine of $200 for a first offense and $500 for a second or subsequent offense. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time and requires majority vote for approval. -JAK RECOMMENDATION: That the Board hear a summary of the OPPAGA report and an update from Quiet Florida. Prepared by: Burt Saunders, Commissioner, District 3 Packet Pg. 50 10.B 07/ 11 /2023 ATTACHMENT(S) 1.OPPAGA Report 23-04 (PDF) 2. Modified Mufflers 1 (PPTX) Packet Pg. 51