Agenda 11/14/2023 Item #17A (Ordinance - Amending the Collier County Land Development Code to establish Rules of Decorum relating to Neighborhood Informational Meetings)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
November 14, 2023
Move Item 17E to 9A: This item requires ex-parte disclosure be provided by the Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance
rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock
Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational
amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the
south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50
South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (Commissioner Hall’s request) (26488)
Move Item 17A to 9B: Recommendation to approve an Ordinance amending the Collier County Land
Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings.
[PL20220008172] (This is a companion to Item 11D formerly 16.A.1) (Commissioner LoCastro’s request) (26488)
Move Item 16A1 to 11D: Recommendation to approve a resolution amending Ordinance No. 2004-66, as
amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information
Meetings and provide an effective date. (This is a companion to Item 9B formerly 17.A) (Commissioner LoCastro’s
request) (26488)
Move Item 16K2 to 12A: Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of
County Commissioners authorize the County Attorney to help select and retain outside counsel at County expense
to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under
section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (Commissioner
Saunders’ request) (26988)
Add-on Item 15B2: Staff update on the Legend Concert series at the Paradise Coast Sports Complex.
(Commissioner Saunders’ request)
Notes: .
TIME CERTAIN ITEMS:
Item 13A to be heard at 10AM: US Department of Justice and Treasury combined Equitable Sharing Agreement
and Certification County endorsement.
Item 11A to be heard at 11AM: Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User
Rate and Fee Study.
11/29/2023 9:45 AM
11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending the Collier County Land Development Code, to
establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a
companion to Item 16.A.1)
_____________________________________________________________________________________
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of a Land Development Code
(LDC) amendment to establish the Rules of Decorum for Neighborhood Information Meetings.
CONSIDERATIONS: In 2001, Collier County first adopted Neighborhood Information Meeting (NIM)
provisions into the LDC for meetings, known then as public informational meetings. Under the current LDC, NIMs
are mandatory for many types of land use petitions (e.g., Rezones, Conditional Uses, Planned Unit Development
amendments, new Stewardship Receiving Areas, etc.) and are to be held at least 15 days prior to the first public
hearing.
On September 13, 2022, Agenda Item 16.A.1, the Board of County Commissi oners (Board) directed staff to bring
back an amendment to the Administrative Code to address an expressed concern for public safety, meeting
decorum, and virtual NIM options. The Executive Summary for that item (see Exhibit B) contained details of a
then-recently held NIM that was forced to adjourn due to the disorderly conduct of some of the attendees. Below is
an excerpt from the Executive Summary describing the circumstances:
“The Board discussion centered on a NIM for a current PUD Rezone petition at C ollier
Boulevard and Vanderbilt Beach Road that was abruptly ended due to a minority
percentage of attendees who were disruptive with abusive language, threatening
statements and refused to allow the rest of the attendees to hear the project’s details.
This created a situation where the crowd began to argue internally, fearing further
escalation into physical confrontation, the meeting was terminated.”
The Executive Summary also contained five proposed “modification” ideas designed to address these expressed
concerns. Staff used these ideas as a general guide when developing the proposed LDC and Administrative Code
changes. When staff initially presented the five ideas to the Board, it was thought that only changes to the
Administrative Code would be necessary. However, after collaborating with the County Attorney’s Office, it has
been determined that an ordinance amending the LDC would also be required because some of the proposed
provisions are substantive in nature and/or set policy. The Administrative Code is only to be used in a procedural
context. As part of the proposed LDC and Administrative Code changes, staff has included purpose and intent
language for the NIM to help formalize and provide perspective on why NIMs are required.
A parallel effort to increase the level of decorum at the Board level had been undertaken by the County Attorney’s
Office. On June 14, 2022, the Board requested that the County Attorney’s Office draft an ordinance to increase the
level of decorum at Board meetings. On June 28, 2022, the Board directed the County Attorney to advertise and
bring back a proposed ordinance. On September 13, 2022, the Board adopted Ordinance 2022-34, which authorizes
the Chairman to better deal with disorderly persons.
On September 26, 2023, the Board discussed the staff request, asking for the Board’s direction to advertise a draft
ordinance that would establish the NIM Rules of Decorum at a future hearing. The central point of the discussion
centered upon the prospect of amending the LDC to make it mandatory for applicants to provide a virtual option at
NIMs so that the public can attend remotely. The points from that discussion included but were not limited to the
following:
• Requiring that all NIMs provide a virtual opportunity for the public to attend remotely.
• Virtual attendance can be easily recorded.
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• Concerns over civil disobedience and that attendees can potentially disrupt NIMs without
accountability.
• Concerns about special interest groups and those who reside outside the area of
overwhelming the virtual method.
• The public has a right to speak, and the virtual method helps increase public attendance,
particularly for zoning and use changes that can potentially affect a larger group of
people.
DSAC RECOMMENDATION: On January 17, 2023, the Development Services Advisory Committee-Land
Development Review (DSAC-LDR) Subcommittee recommended approval of the LDC amendment and companion
amendment to the Administrative Code, contingent upon the following:
1. Reword LDC section 10.03.05 A.3. from “The purpose of the intent of a NIM is to provide
the public with notice of an impending land use petition and to foster communication and
collaboration between the petition and the public” by deleting “and collaboration” from the
sentence (page 3, line 18).
2. Modify the first paragraph of Conduct of Meeting and Decorum in the Administrative
Code to indicate the following: The applicant is required to record the NIM proceedings
and provide an audio or audio/video copy to the Zoning Division, including a written
summary.
3. The Board should consider some punitive action to those who disrupt the NIM and cause it
to be canceled.
On February 1, 2023, the DSAC recommended approval of the LDC amendment and companion amendment to the
Administrative Code, contingent upon the following:
1. Reword the Rules of Decorum by deleting “and collaboration” from the sentence: “The
purpose and intent of a NIM is to provide the public with notice of an impending land use
petition and to foster communication and collaboration between the petitioner and the
public.”
2. Allowing NIMs to be held virtually, in person, or both virtually/in person.
3. Reword the Rules of Decorum by deleting “to ensure the safety of all attendees” in the
sentence: “The petitioner is encouraged to provide a security detail, which will be at the
petitioner’s expense to ensure the safety of all attendees.” In addition, delete the following
sentence in the Rules of Decorum: “The petitioner may request the security detail to
remove a disorderly person.”
CCPC RECOMMENDATION: On June 1, 2023, the Collier County Planning Commission (CCPC) unanimously
recommended approval, contingent upon requiring the initial NIM to be held in person and requesting that staff
update both amendments to address their suggested changes, including but not limited to the following: allowing
the second NIM (when necessary) to be held virtual-only; eliminating the text that would require the applicant to
provide reasonable accommodations for disabled people; requiring an audible copy of the audio/video recording of
the NIM and that it (and/or a written summary) be promptly provided to staff to post onto the County’s website for
public inspection; capturing written comments when videoconferencing is used; defining “attendees” as members
of the public; assigning the applicant as the decision maker to determine if a NIM should be adjourned; and
ensuring that security detail personnel are licensed and qualified. The amendments are to return to the CCPC on the
consent agenda.
On August 17, 2023, the LDC amendment and companion amendment to the Administrative Code returned to the
CCPC on the consent agenda. The CCPC recommended approval of the non-substantive changes, including
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additional edits, along with the changes requested by staff at the meeting, generally summarized as follows:
• Modify the portion of the staff report dedicated to the CCPC recommendation by
striking out “/or” to clarify and ensure that the County continues to require written
summaries of NIMs, which are to be provided by the applicants.
• In the Administrative Code, modify Meeting Follow-up by striking out “/or” to clarify
and require the applicant to provide an audio/video recording of each NIM.
• Include a hyphen between “in” and “person” so that it indicates “in-person.”
FISCAL IMPACT: The NIMs are conducted entirely at the petitioner’s expense, and as such, there are no
anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The
cost associated with advertising the Ordinance is estimated at $1,008.00. Funds are available within the
Unincorporated Area General Fund (1011), Zoning & Land Development Cost Center (138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality. LDC amendments require an
affirmative vote of four for approval. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To approve the proposed Ordinance, amend the Land Development Code, and direct
staff of any changes.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. Exhibit A - NIM Draft Ordinance (10-04-2023) (PDF)
2. Exhibit B - NIM LDCA (09-28-2023) (PDF)
3. Exhibit C - NIM Rules of Decorum Public Emails (PDF)
4. legal ad - agenda ID 26832 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 26832
Item Summary: Recommendation to approve an Ordinance amending the Collier County Land Development
Code, to establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a
companion to Item 16.A.1)
Meeting Date: 11/14/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
10/06/2023 11:43 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/06/2023 11:43 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 10/06/2023 1:11 PM
Growth Management Community Development Department Evelyn Trimino Growth Management DepartmentCompleted
10/10/2023 2:53 PM
Growth Management Community Development Department James C French Growth Management Completed
10/19/2023 7:12 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/27/2023 3:58 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/30/2023 11:27 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/31/2023 8:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2023 10:58 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 4:40 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/06/2023 10:09 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
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ORDINANCE NO. 2023 – ___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND
ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, TO ESTABLISH THE RULES OF DECORUM RELATED TO
NEIGHBORHOOD INFORMATION MEETINGS, BY PROVIDING FOR
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.03.05 REQUIRED METHODS OF PROVIDING
PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20220008172]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on June 1, 2023, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on ____________________, 2023, and did take action
concerning these amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194(1) and 163.3202(1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
§ 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
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5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
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and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION
A. Section 10.03.05, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.03.05 – Required Methods of Providing Public Notice
This section shall establish the required methods of providing public notice. Chapter 8 of
the Administrative Code shall establish the public notice procedures for land use petitions.
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings,
when where required, shall be held prior to the first public hearing, and noticed
as follows, and subject to the Rules of Decorum:
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC
section 10.03.05 B.
2. Newspaper Advertisement prior to the NIM.
3. Rules of Decorum. The purpose and intent of a NIM is to provide the
public with notice of an impending land use petition and to foster
communication between the petitioner and the public. To promote
increased participation and convenience to the interested members of the
public, all NIMs shall be conducted at a physical location, to allow for in-
person attendance, and virtually, utilizing videoconferencing technology.
The expectation is that all NIM attendees will conduct themselves in such
a manner that their presence will not interfere with the orderly progress of
the meeting. The petitioner is encouraged to provide a licensed and
qualified security detail for in-person meetings, which will be at the
petitioner’s expense. If the petitioner or staff determines the NIM cannot
be completed due to the disorderly conduct of the members of the public,
the petitioner shall have the right to adjourn the NIM but be required to
conduct another duly advertised NIM, either in person or via
videoconferencing technology, or both, at the petitioner’s discretion.
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B. Mailed Notice.
1. Where required, Mailed Notice shall be sent to property owners in the
notification area as follows:
* * * * * * * * * * * *
d. Notices shall also be sent to property owners and condominium
and civic associations whose members may be impacted by the
proposed land use changes and who have formally requested the
county to be notified. A list of such organizations must be provided
and maintained by the County, but the applicant must bear the
responsibility of ensuring insuring that all parties are notified.
* * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code 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 SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ___________________, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
__________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/___(__/__/__)
22-LDS-00236/107 (10/04/23)
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Packet Pg. 2062 Attachment: Exhibit A - NIM Draft Ordinance (10-04-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
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2023).docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220008172
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment introduces the Rules of
Decorum for a Neighborhood Information Meeting (NIM). An update to
the Collier County Administrative Code for Land Development
(Administrative Code) is included as a companion amendment. LDC
amendments are reviewed by the Collier County Planning Commission
(CCPC), Development Services Advisory Committee (DSAC), and the
Land Development Review Subcommittee of the DSAC (DSAC-LDR).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board 11/14/2023
09/26/2023
10.03.05 Required Methods of Providing Public Notice
CCPC 08/17/2023
06/01/2023
05/18/2023
04/06/2023
DSAC 02/01/2023
DSAC-LDR 01/17/2022
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval with recommendations
CCPC
Approval with recommendations
BACKGROUND: In 2001, Collier County first adopted NIM provisions into the LDC for meetings known
then as public informational meetings. Under the current LDC, NIMs are m andatory for many types of land use
petitions (e.g., Rezones, Conditional Uses, Planned Unit Development amendments, new Stewardship Receiving
Areas, etc.) and are to be held at least 15 days prior to the first public hearing. On September 13, 2022, the Board
directed staff to bring back an amendment to the Administrative Code to add ress an expressed concern for public
safety, meeting decorum, and virtual NIM options (Board Agenda Item 16.A.1). The executive summary for that
item (see Exhibit B) contained details of a then -recently held NIM that was forced to adjourn due to the disorderly
conduct of some of the attendees. Below is an excerpt from the execu tive summary describing the circumstances:
“The Board discussion centered on a NIM for a current PUD Rezone petition at Collier Boulevard and Vanderbilt
Beach Road that was abruptly ended due to a minority percentage of attendees who were disruptive with abusive
language, threatening statements and refused to allow the rest of the attendees to hear the project’s details. This
created a situation where the crowd began to argu e internally, and fearing further escalation into physical
confrontation, the meeting was terminated.”
The executive summary also contained five proposed “modifications,” which were ideas designed to address the
expressed concern . Staff used these ideas as a general guide when developing the proposed changes to the LDC
and Administrative Code. When staff originally presented the five ideas to the Board, it was thought that only
changes to the Administrative Code would be necessary. However, after collaborating with the County Attorney’s
Office, it has been determined that an ordinance amending the LDC would also be required, because some of the
proposed provisions are substantive in nature and/or sets policy , and the Administrative Code is only to be used
in a procedural context. As part of the proposed LDC and Administrative Code changes, staff has included
purpose and intent language for the NIM, to help formalize and provide perspective on why NIMs are required.
17.A.b
Packet Pg. 2063 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
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A parallel effort to increase the level of decorum at the Board level had recently been undertaken by the County
Attorney’s Office. On June 14, 2022, the Board requested that the County Attorney’s Office draft an ordinance
to increase the level of decorum at Board meetings, and on June 28, 2022, the Board directed the County Attorney
to advertise and bring back a proposed ordinance. On September 13, 2022, t he Board adopted Ordinance 2022-
34, which authorizes the Chairman to better deal with disorderly p ersons. Excerpt s from the executive summary
and ordinance are provided in Exhibits C and D, respectively.
DSAC-LDR Subcommittee Recommendation: On January 17, 2023, the DSAC-LDR Subcommittee
recommended approval of the LDC amendment and companion amendment to the Administrative Code,
contingent upon the following:
1. Reword LDC section 10.03.05 A.3., by deleting “and collaboration” from the sentence (page 3, line 18).
2. Modify the first paragraph of Conduct of Meeting and Decorum in the Administrative Code to indicate
the following: The applicant is required to record the NIM proceedings and provide an audio or
audio/video copy to the Zoning Division, including a written summary.
3. The BCC should consider some type of punitive action against those who disrupt the NIM and cause it to
cancel.
On February 1, 2023, the DSAC recommended approval of the LDC amendment and companion amendment to
the Administrative Code, contingent upon the following:
1. Reword the Rules of Decorum by deleting, “and collaboration” from the sentence , “The purpose and
intent of a NIM is to provide the public with notice of an impending land use petition and to foster
communication and collaboration between the petitioner and the public .”
2. Allowing NIMs to be held virtually, in person , or both virtually/in person .
3. Reword the Rules of Decorum by deleting “to ensure the safety of all attendees” in the sentence: “The
petitioner is encouraged to provide a security detail, which will be at the petitioner’s expense to ensure
the safety of all attendees.” In addition, delete the following sentence in the Rules of Decorum : “The
petitioner may request the security detail to remove a diso rderly person .”
CCPC Recommendation: On June 1, 2023, the CCPC unanimously recommended approval, contingent upon
requesting several changes, which are summarized in Exhibit E. The CCPC wanted to review the updated version
on consent agenda at their next meeting. On August 17, 2023, the LDC amendment and companion amendment
to the Administrative Code returned to the CCPC on consent agenda. The CCPC recommended approval of the
non -substantive changes, including additional edits, along with the change s requested by staff at the meeting (see
Exhibit E). After the CCPC meeting, staff further edited the LDC amendment and Administrative Code
amendment to include one of the changes suggested by Woodward, Pires & Lombardo, P.A. in a letter dated
August 15, 2023.
FISCAL & OPERATIONAL IMPACTS
The NIMs are conducted entirely at the
petitioner’s expense and as such, there are no
anticipated fiscal impacts to the County,
except for the cost of advertising an
ordinance amending the LDC.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
the Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) BCC 9/13/22 – Item 16.A.1. Executive Summary; B) BCC 9/13/22 – Item 17.A.
Executive Summary; C) Ord. 2022-34; and D) CCPC Summary
17.A.b
Packet Pg. 2064 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
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Amend the LDC as follows:
1
10.03.05 – Required Methods of Providing Public Notice 2
3
This section shall establish the required methods of providing public notice. Chapter 8 of 4
the Administrative Code shall establish the public notice procedures for land use petitions. 5
6
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, 7
when where required, shall be held prior to the first public hearing, and noticed as 8
follows, and subject to the Rules of Decorum: 9
10
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC 11
section 10.03.05 B. 12
13
2. Newspaper Advertisement prior to the NIM. 14
15
3. Rules of Decorum. The purpose and intent of a NIM is to provide the public 16
with notice of an impending land use petition and to foster communication 17
between the petitioner and the public. To promote increased participation 18
and convenience to the interested members of the public, all NIMs shall be 19
conducted at a physical location, to allow for in-person attendance, and 20
virtually, utilizing videoconferencing technology. The expectation is that all 21
NIM attendees will conduct themselves in such a manner that their 22
presence will not interfere with the order ly progress of the meeting. The 23
petitioner is encouraged to provide a licensed and qualified security detail 24
for in-person meetings, which will be at the petitioner’s expense. If the 25
petitioner or staff determines the NIM cannot be completed due to the 26
disorderly conduct of the members of the public, the petitioner shall have 27
the right to adjourn the NIM but be required to conduct another duly 28
advertised NIM, either in person or via videoconferencing technology, or 29
both, at the petitioner’s discretion. 30
31
B. Mailed Notice. 32
33
1. Where required, Mailed Notice shall be sent to property owners in the 34
notification area as follows: 35
36
a. For areas in the urban designated area of the future land use 37
element of the Growth Management Plan notices shall be sent to 38
all property owners within 500 feet of the property lines of the 39
subject property. 40
41
b. For all other areas, except areas designated in the Rural Golden 42
Gate Estates Sub-Element or Urban Golden Gate Estates Sub-43
Elements of the Golden Gate Area Master Plan, notices shall be 44
sent to all property owners within 1,000 feet of the property lines of 45
the subject property. 46
47
c. For areas designated within the Rural and Urban Golden Gate 48
Estates Sub-Element of the Golden Gate Area Master Plan, notices 49
17.A.b
Packet Pg. 2065 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
4
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shall be sent to all property owners within one mile of the subject 1
property lines, except for Estates (E) zoned variance applications, 2
which shall be 1,000 feet of the subject property lines. 3
4
d. Notices shall also be sent to property owners and condominium and 5
civic associations whose members may be impacted by the 6
proposed land use changes and who have formally requested the 7
county to be notified. A list of such organizations must be provided 8
and maintained by the County, but the applicant must bear the 9
responsibility of ensuring insuring that all parties are notified. 10
11
2. For the purposes of this requirement, the names and addresses of property 12
owners shall be deemed those appearing on the latest tax rolls of Collier 13
County. Unless required by F.S. § 125.66(4), the mailed notice is a 14
courtesy only and is not jurisdictional. Accordingly, provided a good faith 15
attempt for mailed notice is made, failure to mail or to timely mail the notice 16
or failure of an affected property owner to receive mailed notice will not 17
constitute a defect in notice or bar the public hearing as scheduled. 18
19
C. Newspaper Advertisement. 20
21
1. In accordance with F.S. § 125.66. 22
23
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first 24
advertised public hearing pursuant to the Administrative Code. 25
26
E. Agent Letter. Where required, an informational letter shall be sent by the owner or 27
Agent to property owners within 150 feet of the area covered by the petition 28
following the initial staff review comments for the petition and prior to the 29
resubmittal of the petition to the County. 30
31
# # # # # # # # # # # # # 32
17.A.b
Packet Pg. 2066 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit A – BCC 9/13/22 - Item 16.A.1. Executive Summary
5
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2023\11-14\Materials \Word Version\PL20220008172 - NIM LDCA
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17.A.b
Packet Pg. 2067 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit B – BCC 9/13/22 - Item 17.A. Executive Summary
6
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2023\11-14\Materials \Word Version\PL20220008172 - NIM LDCA
(09 -28-2023).docx
17.A.b
Packet Pg. 2068 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit B – BCC 9/13/22 - Item 17.A. Executive Summary
7
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2023\11-14\Materials \Word Version\PL20220008172 - NIM LDCA
(09 -28-2023).docx
17.A.b
Packet Pg. 2069 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit C – Ord. 2022-34
8
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(09 -28-2023).docx
17.A.b
Packet Pg. 2070 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit C – Ord. 2022-34
9
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2023\11-14\Materials \Word Version\PL20220008172 - NIM LDCA
(09 -28-2023).docx
17.A.b
Packet Pg. 2071 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit C – Ord. 2022-34
10
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2023\11-14\Materials \Word Version\PL20220008172 - NIM LDCA
(09 -28-2023).docx
17.A.b
Packet Pg. 2072 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
Exhibit D – CCPC Summary
11
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(09 -28-2023).docx
On June 1, 2023, the CCPC unanimously recommended approval, contingent upon requiring the
initial NIM to be held in person and requesting that staff update both amendments to address the
their suggested changes, including but not limited to the following: allowing the second NIM
(when necessary) to be held virtual -only; eliminating the text that would require the applicant to
provide reasonable accommodations for disabled people; requiring an audible copy of the
audio/video recording of the NIM and that it (and/or a written summary) be promptly provided to
staff to post onto the County’s website for public inspection; capturing written comments when
videoconferencing is used; defining “attendees” as members of the public; assigning the applicant
as the deci sion maker to determine if a NIM should be adjourned; and ensuring that security detail
personnel are licensed and qualified. The amendments are to return to the CCPC on consent
agenda.
On August 17, 2023, the LDC amendment and companion amendment to t he Administrative Code
returned to the CCPC on consent agenda. The CCPC recommended approval of the non -
substantive changes, including additional edits, along with the changes requested by staff at the
meeting, generally summarized as follows:
• Modify the portion of the staff report dedicated to the CCPC recommendation, by striking
out “/or,” to clarify and ensure that the County continues to require written summaries of
NIMs, which are to be provided by the applicants.
• In the Administrative Code, modify Meeting Follow up by striking out “/or” to clarify and
require the applicant to provide an audio/video recording of each NIM.
• Include a hyphen between “in” and “person” so that it indicates, “in -person.”
17.A.b
Packet Pg. 2073 Attachment: Exhibit B - NIM LDCA (09-28-2023) (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
1
JohnsonEric
From:BosiMichael
Sent:Tuesday, August 15, 2023 10:55 AM
To:JohnsonEric
Subject:FW: PL20220008172 COMMENTS/SUGGESTION AS TO RULES OF DECORUM FOR A
NEIGHBORHOOD INFORMATION MEETING
Attachments:LTR. MICHAEL BOSI 8.15.23 [FINAL].pdf
Eric, Please find comments for the NIM rules of decorum to be included for the BCC review of the item.
Thanks,
mike
From: Laura Gregg <lgregg@wpl-legal.com>
Sent: Tuesday, August 15, 2023 10:45 AM
To: BosiMichael <Michael.Bosi@colliercountyfl.gov>
Cc: SparrazzaRandy <Randy.Sparrazza@colliercountyfl.gov>; VernonChristopher
<Christopher.Vernon@colliercountyfl.gov>; manager@seapointnc.com; FryerEdwin
<Edwin.Fryer@colliercountyfl.gov>; KlucikRobert <Robert.Klucik@colliercountyfl.gov>; SheaPaul
<Paul.Shea@colliercountyfl.gov>; SchmittJoseph <Joseph.Schmitt@colliercountyfl.gov>; lockha@collierschools.com;
BellowsRay <Ray.Bellows@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>; PattersonAmy
<Amy.Patterson@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; FinnTimothy
<Timothy.Finn@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; Anthony Pires <APires@wpl-
legal.com>
Subject: PL20220008172 COMMENTS/SUGGESTION AS TO RULES OF DECORUM FOR A NEIGHBORHOOD INFORMATION
MEETING
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Dear Mr. Bosi:
ABached please find correspondence of today’s date.
Thank you.
Laura A. Gregg
Laura A. Gregg
Legal Assistant to Anthony P. Pires, Jr., Esq.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N., Suite 200
Naples, Florida 34103
Office: 239-649-6555 | Fax: 239-649-7342
LGregg@wpl-legal.com | www.wpl-legal.com
17.A.c
Packet Pg. 2074 Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
2
Confidentiality Notice. This transmittal and/or attachments may be privileged or confidential. If you are not the intended
recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution,
or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please
notify us immediately by reply email or by telephone (call 239-649-6555) and promptly delete this message and all its
attachments from all mailboxes.
FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING BANK
HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA TELEPHONE
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.
17.A.c
Packet Pg. 2075 Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
17.A.c
Packet Pg. 2076 Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
17.A.c
Packet Pg. 2077 Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)
1JohnsonEricFrom:Jessica Harrelson <jharrelson@pen-eng.com>Sent:Tuesday, January 17, 2023 10:15 AMTo:HenderlongRichard; JohnsonEric; YoungbloodAndrewSubject:NIMs (LDCA-PL20220008172)EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning, I won’t be able to attend today’s DSAC Subcommittee meeting, so I wanted to send an email with my concerns regarding the proposed LDCA for Rules of Decorum for a NIM. I believe the LDCA, as proposed, may encourage individuals to be disruptive to create a delay in the process. If a cancellation occurs due to disorderly conduct, thus requiring an additional NIM to be duly advertised, this also creates additional expenses on the Applicant. Perhaps there can be discussion/consideration on how NIMs are structured? I like the idea of possibly holding a less formal NIM, with stations set up (traffic, planning, etc.) so that individuals may walk around to get information/hand-outs, to ask questions and leave written comments/concerns. Just a thought for consideration…. Thank you. PENINSULA ENGINEERING Jessica Harrelson, AICP Planning Manager 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Direct: 239.403.6751 jharrelson@pen-eng.com Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task. 17.A.cPacket Pg. 2078Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules
1JohnsonEricFrom:Pat Vanasse <pv@theneighborhood.company>Sent:Tuesday, January 17, 2023 11:32 AMTo:HenderlongRichard; JohnsonEric; YoungbloodAndrew; Bob MulhereSubject:NIMs (LDCA-PL20220008172)EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I’m sending the following email to express my concerns associated with the proposed LDCA for Rules of Decorum for a NIM. I believe the intent is to promote civil discourse and minimize unruly behavior as observed during recent hearings for a project in the Estates. However, the way the amendment has been drafted may encourage individuals to be disruptive in order to shut down the NIM and delay the process. Additionally, having to conduct a 2nd NIM is time consuming and costly. Instead, I would recommend that the committee consider including language that would allow the opportunity to conduct a virtual NIM in addition to the in-person NIM. If the in-person NIM is cancelled due to unruly behavior, the virtual NIM should serve as the official NIM and it should be deemed that the applicant has met their NIM requirement. Thank you, 17.A.cPacket Pg. 2079Attachment: Exhibit C - NIM Rules of Decorum Public Emails (26832 : LDCA-PL20220008172 - NIM Rules
17.A.d
Packet Pg. 2080 Attachment: legal ad - agenda ID 26832 (26832 : LDCA-PL20220008172 - NIM Rules of Decorum)