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Resolution 2010-028 RESOLUTION NO. 2010 - 26 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO PLACE A STRAW BALLOT REFERENDUM CONCERNING A PROPOSED AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN ON THE NOVEMBER 2, 2010, BALLOT FOR THE GENERAL ELECTION. WHEREAS, on January 19,2010, at a 2007/2008 Cycle of Growth Management Plan Amendments (including a 2009 Petition) Transmittal Hearing, the Collier County Board of County Commissioners voted to indefInitely continue Petition CP-2008-l and to place that proposed amendment to the Golden Gate Area Master Plan, which seeks to create an Estates Shopping Center Sub-district at the intersection of Wilson Boulevard and Golden Gate Boulevard, on a straw ballot referendum to be voted upon by the adjacent residents of Golden Gate Estates at the November 2, 2010, general election; and WHEREAS, Section l25.0l(1)(y) of the Florida Statutes authorizes County Commissioners to "place questions or propositions on the ballots at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county;" and WHEREAS, Collier County voter precinct numbers 551, 552, 554, 555, 590 and 591 are located east of Collier Boulevard (CR 951) and adjacent to the proposed shopping center location and encompass those residents that would be most directly impacted by the proposed amendment; and WHEREAS, the ballot language for said straw ballot referendum needs to be adopted and transmitted to the Collier County Supervisor of Elections; and WHEREAS, the Board finds that it is lawful and in the public interest to call for the straw ballot referendum and direct the Collier County Supervisor of Elections to take appropriate action with respect to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. The Supervisor of Elections is hereby directed to include within the ballot for the November 2,2010, general election the following straw ballot referendum language: Golden Gate Area Master Plan Amendment - Wilson Boulevard/Golden Gate Boulevard Shopping Center Should the Golden Gate Area Master Plan be amended to permit a :!:40 acre commercial shopping center, consisting of up to 190,000 square feet of gross leasable floor area in single story buildings located at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard, that may include outparcels, inline stores, drive-through shopping services, and whose fIrst occupant must be a minimum 27,000 square foot supermarket? Yes No Section 2. The Supervisor of Elections is hereby directed to include the above straw ballot referendum language on the ballots of registered voters for the following precincts: Voter Precinct Numbers: 551,552,554,555,590 and 591 A copy of the Collier County Precinct Map indicating the locations of those Precincts is attached hereto. Section 3. The Supervisor of Elections shall provide any and all notices required by the Florida Election Code in connection with placing this straw ballot on the November 2,2010, general election ballot. Section 4. All costs related to placing the straw ballot referendum language on the general ballot including but not limited to the cost of translating the ballot into Spanish shall be borne by the Petitioner in CP-2008-l. . Section 5. The Board of County Commissioners hereby directs the Clerk of Court to deliver, or cause to be delivered, a certifIed copy of this Resolution to the Supervisor of Elections upon adoption and execution of this Resolution. 2 THIS~RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this V) th day of February, 2010. -- v' ATTEST: DWIGHT E.BROCK, Clerk ~., \ .". . - , . . ~ " \, " . -",'", ~.\, , BY~..~~~;' .......;,/ . ',. -.'.." ~rm and legal sufficiency: Ap ro BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .'~_tL W CoMt FRED W. COYLE, Chai an By: 3