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CD Cr) e e e@ z e # e � m e e e e e e e e e e e # 0 0 0 0 0 0 0 0 0 0 0 C.) t N N w a t w N IN N ( § >. \ N CV \ ( \ \ \ \ ( § s._ .\ 'L.- .\ . .\ . .\ = 3 \ § < < < < < < < < < < _ \ an CL . 0 Li a) / / % s / I > — e E K d [ / \ » d % a) % 2 g ° ._ . % @ E 5 » 2 F _ _ ƒ % ° 3 I ƒ .\ _ (0 2 z \ / / 7 ) • •3 G / y '/ y -.Y > \ / \ o E % _ _ ~ a % m a / 2 / / G / 3 > / an _ \• - / • $ o « • 3 L_ • @ / y - % $ 7 2 ƒ E \ \ = \ 2 3 a) / \ 7 */ / © 7 / \ c • % E o % cc s_ _ / ro v 0 > \ / / / \ \ / 0 .@ ., \ \ a ? o \ / 9 / % 0 ° ? _© / C Cl) / 0 / \ K 0 '\ 0 0 M / 0 Q @ .2 O .e 5 $ \ \ \ E \ \ 2 / E : \ :f { / / / 0 0 0 E E / 7 \ / \ \ \ e e e / / g > 0 0 0 \ \ \ £ » e a c o o O / ® _ = = 0 / \ G ) \ 0 0 0 Z Z Z 7 e Z > \ ( Cl) a) \ Cl) a) \ U. 3 y y , a CO 2 2 3 2 CO o n ± . > e 0 G O. 3. 2 < < < < < < XXXX From: Jim Coletta Uim @jimcoletta.com] Sent: Friday, November 04, 2011 10:37 AM To: ColettaJim Subject: We will be meeting on Monday Nov 14 at 5:30 pm at John Barlow's condo. Pete Thank you for agreeing to be a part of my campaign finance committee. Your talents, energy and commitment are greatly appreciated. We will be meeting on Monday Nov 14 at 5:30 pm at John Barlow's condo. John will be hosting the meeting and will have hors d'oeuvres and drinks available. When: Monday November 14th at 5:30 pm Where: John Barlow has offered the use of a meeting room at his at his condo Le Rivage at 4351 Gulf Shore Blvd. N. Here is a directional link to John's residents http: / /mapq st /eW4CNJ Why: To assure that sufficient funds are available for the election. Please RSVP so that our host can plan accordantly. At that meeting we will be doing the following; 1. Reviewing the Campaign's direction. 2. Update of funds collected. 3. Planning Fund raisers and Socials. Thank You. Jim Coletta- County Commissioner #5 Phone 455 -7882 E -mail jim @jimcoletta.com Finance Committee Members; Bill Barton Bob Murray Russell Budd Christian Spilker Jim Coletta Jim Burke John Barlow John Norman Murrey Hendel Robert Raines Russell Priddy Blake Gable Brigid Soldavini Chappell Wilson Chris Hudson Edward A. Morton Joe Whitehead John Passidomo Lou Vlasho Reg Buxton Roy Lenardson Doug Rankin i Al John Veit Pete Salazar Dave Clary Bill Spinelli xxxx From: Jim Coletta [coletta_j@yahoo.com] Sent: Monday, July 04, 2011 5:56 PM To: ColettaJim Cc: Chris Hudson; Roy Lenardson; Bob Murray; Bob Mulhere; con radjc@comcast. net- John Barlow; John Norman; robertbobraines @aol.com; Edward A. Morton; Mary Ann Coletta; Doug Rankin; sysadmin @enaples.com Subject: Re: Regarding 6/30 Campaign Orgaizational Event. To all: The campaign meeting originally scheduled for this Wednesday 7/6 at 7 pm will not work due to the previously scheduled Collier County Republican Executive meeting at the same time. My apologies to for not catching this conflict sooner. Please advise if the Thursday 7/7 would work for you and any suggestions for a location for the meeting. Thank you. Jim Coletta From: Jim Coletta <coletta j(�byahoo.com> To: Jim Coletta <jimcolettaCabcolliergov.net> Cc: Chris Hudson <chris.d.hudson@gmail com >; Roy Lenardson <roy StrateQicAdvocacv com >; Bob Murray <bobsails(&msn.com >; Bob Mulhere <rjmulhere(cbgmail.com >; con radjc(cbcomcast.net; John Barlow <john.barlow(o)lerivage net >; John Norman <kd4noo(d)aol.com >; robertbobrainesCabaol com; Edward A. Morton <emorton(a)bloomberg net >; Mary Ann Coletta <rnmac3460@yahoo.com> Sent: Thu, June 30, 2011 1:28:54 PM Subject: Regarding 6/30 Campaign Orgaizational Event. We are expecting 90 -100 campaign workers at this evening's event. Please make every effort to meet with as many of our potential volunteers as possible. Will need to meet next week to assess how to best use our committed human resources and on what committee that they would serve best. Please check your calendars and see if you would be available to meet on Wednesday evening at 7 pm at a location to be determined. Please set aside two hours to fully work thru the many decisions to be made. Also will need to work on a handout for the Immokalee Builders' Expo set for July 21, 10:00 a.m. - 3:00 p.m., at the Immokalee Southwest Florida Works Center (also known as the Career & Service Center or the One -Stop Shop), 750 South 5th Street. This hand out will reflect my business history and pro business stands. Also will reference chambers, EDC, State Chamber's Five Pillar Committee, SCORE (big press release to follow on SCORE) and other organizations that I have supported and interacted with for the past 26 years. Your input on this hand out and future hand outs is absolute vital to the overall health and viability of the campaign. Once again thank you for your support and commitment to the campaign. Jim Coletta L Th, b, L /,7-C_ RaineyJennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 5:04 AM To: RaineyJennifer Subject: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Please print the chain as and prepare as an exhibit. Thanks- Georgia Hiller Commissioner, District 2 Begin forwarded message: Cc-yy--��-cv� I�A -//-ez From: "Albers, Kate" <kalbersknaplesnews.com> Date: June 11, 2012 3:38:10 PM EDT To: HillerGeorgia <GeorgiaHillerkcollier og v.net> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Thank you, Commissioner. I should have attributed that last sentiment to Commissioner Coletta. We have made a correction and will be running a clarification in tomorrow's paper. Katherine Albers Multimedia journalist Naples Daily News (239) 263.4764 (239) 682.4430 (cell) kalbersgnaplesnews.com - - - -- Original Message---- - From: HillerGeorgia [mailto:GeorgiaHiller @colliergov.net] Sent: Monday, June 11, 2012 10:14 AM To: Albers, Kate; Neill, Dave; Lewis, Phil Subject: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners The commissioners will not be voting the "will of the people" - that's legally prohibited in this instance. Please correct your article. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkowgcolliergov. net <mailto:JeffKlatzkow@kcollier og v.net>> Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <GeorgiaHiller(a,collier og v. net <mailto:GeorgiaHiller(a,collier ov.net>> Cc: CoyleFred <FredCoylencollier og v .net <mailto:FredCoylegcollier og v.net >>, ColettaJim 4 <JimColettakcollierg_ov. net <mailto:JimColettagcollier og v.net >>, FialaDonna <DonnaFialagcollier og v. net <mailto:DonnaFialagcollier og v.net >>, HenningTom <TomHenning- kcollier og v. net< mailto :TomHenninggcolliergov.net >>, OchsLeo <LeoOchsgcollier og v .net <mailto:LeoOchskcollier og v.net >>, MitchellIan <IanMitchelIgcolliergov. net <mailto:IanMitchellgcollier og v.net>> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021<https://web2.westlaw.com/find/default.wl?mt=350&db=l 000006&docname=FLSTS97.0 21 & rp= %2ffind %2fdefault.wl &findtype =L &ordoc= 56693 8 &tc =- 1 &vr= 2.0 &fn= top& sv = Split& tf=- 1 &pbc= A65F56A2 &rs= WLW12.04 >, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothicliliesgaol. com <mailto:gothicliliesgaol.com >, KlatzkowJeff Cc: Sel219monetta(2aol.com< mailto :Sel219monetta(2aol.com >, naplesteaparty(a,gmail .com <mailto:naplesteaparty( ,gmail.com >; lavi ng eann(a,comcast.net <mailto:lavi neannna,comcast.net >; Steve artypeinc. com <mailto:stevegartypeinc.com >; bduane0I gcomcast. net <mailto:bduane0I (2comcast.net >; petergaddy@comcast.net< mailto :petergaddy(2comcast.net >; vicky( 2bobwellsrealestate .us <mailto:vicky(a bobwellsrealestate us >; nanceg_gearthlink. net <mailto:nanceg_(2earthlink.net >; Jflan241(2aol. com <mailto:Jflan241(2aol.com >; urrann =,aol.com <mailto:purrann ,aol.com >; Bymatson(2gmail. com <mailto:Bymatson(2 gmail.com >; mteaters(2aol. com <mailto:mteatersc�r�,aol.com >; contacttrcw(2aol. com< mailto : contacttrcwgaol. com >, minimushominesgaol. com< mailto:minimushominesgaol.com >; Steve(2CosgroveForCollier .com <mailto: Steve(2CosgroveForCollier.com >; Peter(2electRichter. com< mailto :Peter(2electRichter.com >; vender6226(2hotmail.com <mailto: vender6226ghotmail.com >; <mailto:kevingl� illyforcollierappraiser.com> kevin (21illyforcolliera]2praiser.com< mailto: kevinga ,lillyforcollierappraiser. com> Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ..." Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, " <mailto: gothiclilies(a,aol. com >gothiclilieska,aol.com <mailto: gothiclilieskaol.com >" <<mailto:gothiclilies(2aol. com >gothicliliesnaol. com <mailto:gothiclilies@aol.com» wrote: Immokalee Master Plan may go to voters before county commissioners <http: / /immokaleetoday.com/news /index. cfm /2012/6/7 /Immokalee- Master -Plan- may- go -to- voters - before - county- commissioners> The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 — as was agreed last month <http:Himmokaleetodgy .com/news /index.cfm /2012 /5 /22 /Immokalee- Master -Plan- vote - set - for - June -18in- Immokalee> — Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super- majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline< http: / /immokaleetodgy.com/ news /index.cfm/2012 /l/4 /Coletta -wins- extension-of- state- deadline- for - Master - Plan- adoption for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 1 I a.m. on June 12 during its regular meeting. 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. CXh, b; �- RaiheyJennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 5:25 AM To: RaineyJennifer Subject: Fwd: IAMP Amendment Attachments: Editorial Rebuttal 3.docx; ATT00001.htm; Peoples will Amendment.docx; ATT00002.htm Please prepare as an exhibit including my response. With thanks - Georgia Hiller Commissioner, District 2 Begin forwarded message: From: PAM BROWN <goodhinds(,embargmail.com> Date: June 11, 2012 11:12:19 AM EDT To: PhillippiPenny <Penn P�ppigcolliergov.net> Cc: ColettaJim <JimColettagcollier og v.net >, CoyleFred <FredCoyle(a,collier ov.net >, donnafialla <donnafialla(2collier og v net >, HenningTom <TomHenning_(a,collier ov.net >, HillerGeorgia <GeorgiaHiller(2collier o�> Subject: IAMP Amendment Ms. Phillippi: At the January meeting that was held in Immokalee with Commissioner Henning there were recommendations and direction to county staff to hold work shops and take the communities suggestions and address them. The workshops that were held only were to inform the community what was going to be implemented and not listening to the constituents that attended them. This was not what the community wants but what county staff has recommended. Please share these attached amendment recommendations with county staff. You and county staff need to stop dividing the community of Immokalee. This is my home town and several other prominent people that have been attending the work shops were told to be quiet and sit down in meetings. You,Commissioner Coletta and county consultants(Robert Mulhere) failed to intimidate the people of Immokalee. I have also attached the Editorial Rebuttal that was printed in the Immokalee. This is all factual. Thank you for sharing this with the BCC. Pam Brown 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. Editorial Rebuttal I am a member of one of the founding families of Immokalee from the 1880's. My family has had businesses in Immokalee from the time we have arrived. I have been civically involved in my community for 30 years and I am presently the Chairperson of the Immokalee Fire Control District and the Immokalee Area Civic Association. I too have been reading the recent editorials in the Naples Daily News and the Immokalee Bulletin and I would like to share my observations and knowledge of the community. We have not been served well by Commissioner Coletta over the past 12 years not 8 years The issue is Not what he has done for Ave Maria, but what has he done for Immokalee? In 2007 there were plans and campaign promises made that Immokalee Road would be expanded to four - lanes. This plan was dropped and changed to a six lane plan for Oil Well Road, for the benefit of Ave Maria. Why? Mr. Coletta has been our commissioner since 2000. Why did he forget us and widen a road that would serve only one community? Immokalee Road is a very dangerous road with fatal accidents that happen on a frequent basis. This road could have served Corkscrew, Ave Maria and Immokalee better. Immokalee whose life blood is agriculture, which is seldom acknowledged for the value it brings to the area. Why weren't we more important than a new subdivision? The cost of the Oil Well Road widening was not paid for by private developers. On April 26, 2005, the Board of Collier County Commissioners entered into a Developer Contribution Agreement with Ave Maria Development, LLP. As a part of this Agreement, the commission agreed to provide six lane improvements to Oil Well Road. The Developer, Barron Collier Companies, agreed to donate a certain right -of -way. The County agreed to be responsible for mitigation fees. In February 24, 2009, The Commissioners voted to pay Barron Collier Companies $1,863,000 for Panther Habitat Units, even though this was for their development. The county then took the money out of the gas tax reserves to repay them. The agreement also obligates Collier County to reserve and prioritize all road impact fees from District 5 and adjoining Impact Fee Districts until such time the Impact Fess /COA Revenue exceeds $41.555 Million or until October 1, 2016. Collier County received some of the funding from the 2009, $598 Million Economic Stimulus money by President Obama. This appears that the tax payers of Collier County are paying for a majority of the developers developments. I am concerned about Immokalee not Ave Maria. They are not the issue. Arthrex is not the issue. Arthrex is a great company that will provide several hundred jobs and compliments Collier County. We are lucky to have them. Are the thousands of people who live in Immokalee nobody? Where is the consideration of the thousands of homeowners & hundreds of businesses that have helped Immokalee and Collier County evolve into the 215` century? With the exception of Arrowhead, the only housing that has been put in Immokalee in the past 10 years is affordable housing, such as Habitat for Humanity (we have more than any town in the U.S.A.) and non - profit companies that do not pay property taxes. Our "beautification" is paid by a Municipal Special Taxing District (MSTU) that is merely added to our tax bills.. Very few businesses have been built in Immokalee in the last 10 years. We have gained a few and lost many. We are a Rural Area of Strategic Economic Concern (RASEC). The Immokalee Urban Area and the area within 5 miles surrounding it can receive federal and state funding, yet nothing is being done to help the tax base of Immokalee. The airport business development does not pay property taxes. In fact, there have been no new businesses at the airport and it operates at a deficit. It took us over 7 years to get the State Farmers Market built back and that was FEMA money. How is all this stimulating Immokalee's economy? How is Commissioner Coletta helping Immokalee grow? If Commissioner Jim Coletta really wanted to see Immokalee grow economically, he would have encouraged a four lane road into Immokalee that would have benefited several communities and the Immokalee Airport, not one. A four lane road would have encouraged new businesses to our area. He would have aggressively lobbied to get the State Farmers Market rebuilt. His goal has appeared to get rid of "blighted" areas of Immokalee to clean up through code enforcement. No consideration has been given to Immokalee. We as the community of Immokalee need to step up and let our voices be heard, so that we can again be proud of our community. All of Coletta's promises turned out to be empty promises. He has done nothing for the people of Immokalee, because he has been pre- occupied with spending millions in taxpayer money for the benefit of special interests and creating new developments. There were several issues in District 5 that needed attention before starting new projects. The recent proposed Immokalee Area Master Plan Amendment is nothing but a continuation of his plan to stomp out our rural agricultural community and replace it with subdivisions so the Land Barons can make billions in future profits. The CRA Advisory Board has made changes to the Immokalee Master Plan after you last heard the amendment. Your Staff and you are refusing to allow the BCC to hear from Immokalee people, (your advisory board). Where is the "will of the people" Commissioner Coletta if you allow this to happen? Don't you want what the people of Immokalee want? You even told us this was Fred Thomas's plan. I request you direct your Staff to include the revisions your CRA Board included in our master plan amendment date April 4th 2012 Policy 2.1.3: Mitigation Banking and /or Targeted Acquisition Lands Within two (2) years of the effective date of this policy [effective , 2011], and subject to Policy 1.1.1, Collier County will explore the feasibility of utilizing privately owned undeveloped parcels with significant wetland, upland, or listed species habitat value, as a listed species habitat conservation bank or wetland mitigation bank to compensate for wetland or listed species impacts associated with development within the Immokalee Urban Area, for mitigation required by state and federal agencies, or for off -site preservation when allowed. The purpose of such a mitigation bank and /or identification of lands targeted for acquisition within the Immokalee Urban Area, in addition to the ecological benefits, is to facilitate and expedite permitting of development and redevelopment on other more appropriate lands within the Immokalee Urban Area. During this period, the County shall develop a map depicting the preferred lands to be targeted for mitigation or acquisition by public or private parties. Incentives and regulatory requirements shall be included in the LDC (Ordinance 04 -41, as amended) to direct mitigation to or acquisition of these targeted lands and to direct development away from such lands. Collier County has failed in its TDS program in the Rural Fringe Mixed Use District and you want to create another one? Wet lands in Immokalee monetary value are low not enough to create another failed program. This policy should be stricken. GOAL 2: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY Policy 2.2.1: Expedited Review Within two (2) years of the effective date of this policy [effective , 2011], subject to Policy 1.1.1, Collier County will review and amend or expand, as necessary, the fast -track and expedited review program for projects that provide a positive economic benefit to the Immokalee economy, specifically including affordable, gap, and farm worker housing and targeted industries. During this period, criteria will be developed to be used as a guide for determining what will qualify a project for this expedited review program. Immokalee does not need more affordable housing! Immokalee needs middle class housing for our Teachers and Fire Fighters. Furthermore if this plan would address JOBS home builders would happy to build homes without GOVERNMENT SUBSIDY. THIS POLICY NEEDS TO BE STRICKEN! Policy 2.2.2: Pre - Certified Commercial/Industrial Sites Collier County will encourage the development of targeted manufacturing, light industrial, and other similar uses by identifying appropriate locations for those uses, and by streamlining the permitting and approval process for commercial and industrial development within the Immokalee Urban Area. Collier County will review the existing Certified Sites Program, presently administered by the Economic Development Council of Collier County (EDC), and propose improvements to the program within two (2) years of the effective date of this policy [effective , 2011] and subject to Policy 1.1.1. Who is the EDC, this policy is out dated and needs to be stricken Policy 2.2.3: Home Occupations Collier County will amend the LDC (Ordinance 04 -41, as amended), subject to Policy 1.1.1, to create more flexibility for home -based businesses in the Immokalee Urban Area, thereby allowing additional opportunities for home -based occupations. Again. This policy should be in the Immokalee LDR not the Collier County Land Development Code. The intent was for Immokalee to have its own Land Development Code; all land -use pertaining to Immokalee should be in one document Policy 2.2.4: Financial Incentives Collier County will develop a comprehensive financial incentive strategy to promote economic development in the Immokalee area and identify funding sources to maintain adequate funding of such incentive programs. Are you going to do this without voter approval? The CRA have plenty of money that should be able to administer a program. This policy should be stricken until you decide what you going to do for all the Residents. Policy 2.2.5: Agriculture - Related Business Uses In recognition of the economic importance of agriculture, the County will amend the LDC (Ordinance 04 -41, as amended) to allow agriculture - related business uses, such as fruit and vegetable stands, farmers markets, and agritourism related uses, within certain, to be determined, non - agricultural zoning districts, within two (2) years of the of the effective date of this Policy [effective , 2011], subject to Policy 1.1.1 This policy should be in the Immokalee LDR not the Collier County Land Development Code. The intent was for Immokalee to have its own Land Development Code; all land -use pertaining to Immokalee should be in one document GOAL 3: TO PROVIDE A DIVERSITY OF SAFE AND SANITARY HOUSING FOR ALL RESIDENTS OF THE IMMOKALEE URBAN AREA. Policy 3.2.5: Housing Code Enforcement Collier County shall make reasonable effort to require that substandard housing be brought into compliance or eliminated. Enforcement efforts will focus on properties that are abandoned, owned by an absentee landlord, or whose operation is not in compliance with the Collier County Land Development Code. Immokalee has been inundated with Code Enforcement, you need to leave us alone and stop treating us different than the rest of the County. Substandard Housing in addressed in your Code of Laws, not in the Land Development Code OBJECTIVE 3.3: The County will continue to explore and provide innovative programs and regulatory reforms to reduce development costs and promote safe and sanitary affordable- workforce housing for Immokalee residents. Again we have enough affordable housing you don't need new programs to reduce cost for affordable housing. Policy 3.3.1: Housing Grant Opportunities Collier County, in coordination with the CRA, will pursue government grants and loans for affordable workforce housing. This policy needs to be amended by striking affordable. Policy 3.3.2: Affordable - Workforce and Gap Housing Incentives Collier County, subject to Policy 1.1.1, will review its affordable- workforce housing (including gap) incentives to determine the effectiveness of existing provisions and whether additional incentives are necessary or desired. Again encourage mobs not additional government program for housing GOAL 4: TO PROVIDE ADEQUATE AND EFFICIENT PUBLIC INFRASTRUCTURE AND FACILITIES FOR THE IMMOKALEE URBAN AREA. Policy 4.2.7: Transportation Concurrency Alternatives (for SR 29) Within two (2) years of the effective date of this Policy [effective , 20111, Collier County shall identify alternatives methods to allow non - residential development in the Immokalee Urban Area to proceed with limited exceptions and /or a mitigated waiver from existing concurrency requirements due to the economic and job creation benefits such development would provide. Funding for the alternatives to concurrency feasibility analysis will be provided by the Immokalee CRA. The following shall be considered as a part of the analysis: a. Establishing a Transportation Concurrence Exception Area (TCEA) or Transportation Concurrence_ Management Area (TCMA) or other alternative that would allow limited exceptions and /or mitigated waivers from concurrency for economic development, diversity, and job creation in the Immokalee Urban Area; and b. Potential limitations on such exceptions and /or waivers from concurrency including: 1. Limiting applicability to certain locations in the Urban Area such as the Airport/ Tradeport, other lands around the airport, and the Central Business District corridor (Urban Infill designated lands); 2 measurable obj eefives, ineluding Transit Or-iei4ed Design, job er-eation and other commitments by the develOpeF tha would be deemed to be b, e fiei ,1 to the e „:t... ,,.,,1 3. Limiting the duration, or requiring mandatory periodic reviews, of the continued feasibility of any such exception or waiver process. You are calling a TCEA or a TCMA "Adequate and Efficient Public Facilities " ?? YOU HAVE TO BE KIDDING ME! Who wants to sit in traffic all day? Remove the mixed use within the future land use map before lowering the service on our roads and FIX the road that we have today! Policy 4.2.2: Long Range Transportation Improvements Collier County will explore the possibility of apeeler-ating the implenwntation of the G01fief Gel T etfoyel;ta Dl.,r,r ine Or-R ,r,iz do 's T ., m Range ge Tr-anspet4 atio Dl.,r subject to available fu ing, as i r to initiating new estme t in the Immokalee ° . In particular, the County will support and encourage: • the Florida Department of Transportation in the widening of SR 82 between I -75 and SR 29 as a first step in improving transportation access to Immokalee; - the building of the SR 29 Bypass Route to er-eate dir-eet aeeess to SR 82 and SR 29 ffem the iffifile! Regional Air-pet4 and Florida Tr-adepoftl,- Widening of SR 29 S into Immokalee from SR 82 to improve access To Immokalee. • the Florida Department of Transportation to improve road conditions along State -owned roads; • the creation of new, or expansion of existing, tr-anspeftation eorridar-s that impr-ove aeeess betwe Immokalee, the City of Naples, and . ast.,l (`oilier f-'.,,, 4 y; ara • the creation of new collector roads, including the Little League Road extension near Lake Trafford, to handle increased future population growth and traffic in that area. Immokalee Road needs to be improved and widened into a four lane road. The only way you're going to accomplish this policy is to raise taxes. ARE YOU WILLING TO RAISE OUR TAXES? Policy 4.2.4: Safety Improvements Collier County will develop a plan identifying locations for new traffic signals, signag_e, crosswalks, bikepaths, and street ligl#ing for the purpose of i . . - . adestrian and bieyele eifetila4ien end safety within prioritize areas within the Mtffiieipal Sen4ee Taxing Unit (N4STU) as pai4 of the Alalkability Study fianded by the Collier Metr-opelitan Planning Organiza4ian, subj ect to -Pokey 1. 1. 1. New traffic lights and crosswalks will lower our level of service on our roads. I'm requesting you strike this policy. Policy 4.4.1: "Clean Immokalee" Plan Collier County will develop a "Clean Immokalee" Plan to improve the physical appearance of the streets and lots through education, enforcement, and clean-up activities by 2011. This program will solicit input and participation from community organizations and neighborhood associations. You are implying Immokalee is dirty! Immokalee is a farming town. You are trying to force your beliefs on a farming community. We are a chicken. Do not try to make us a duck! I am Fourth generation Immokalean and I am proud of my town. This is discrimination against the community. Policy New Any bypass road to relieve congestion on Main Street (SR 29) must include the use of New Market Road. Any bypass not utilizing New Market is expressly rejected. FLUE Amendment All areas currently depicted as agricultural under the existing FLUE should remain as agricultural. There is no need for any additional overlay for residential, Industrial, or Commercial property. There exists a current oversupply of available Industrial, Residential, and Commercially zoned property. CIt, .*,6:,f- RaineyJennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 8:26 AM To: RaineyJennifer Subject: Fwd: Court Challenge: IAMP Amendment Ballot Language Legality Please print as an exhibit for today. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkowgcollier og v.net> Date: June 12, 2012 8:06:02 AM EDT To: "'gothiclilieskaol.com "' <gothiclilies(a�aol.com> Cc: HillerGeorgia <GeorgiaHillerna,collier ov.net >, ColettaJim <JimColettagcollier og v.net >, FialaDonna <DonnaFiala(2collier ov.net >, CoyleFred <FredCoyleAcollier ov.net >, HenningTom <TomHenning(2collier og v net >, "petergaddykgmail.com" <petergadd kgmail.com >, "mteatersgaol.com" <mteatersgaol.com >, "kalbers(2naplesnews.com" <kalbers(2naplesnews.com >, "bbatten(2naplesnews.com" <bbatten e,naplesnews.com >, "plewisgnaplesnews.com" <plewisknaplesnews.com >, 11 asenior(&fox4now.com" <aseniorgf6x4now.com >, "jsalomonekfox4now.com" <j salomonegfox4now.com> Subject: RE: Court Challenge: IAMP Amendment Ballot Language Legality Commissioner Coletta's proposal today is for a non - binding, straw ballot question to help gauge the sentiment of the voters of Immokalee. It's no different than conducting a poll. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: gothiclilies @aol.com jmailto:gothiclilies(a)aol.com] Sent: Tuesday, June 12, 2012 7:27 AM To: KlatzkowJeff Cc: HillerGeorgia; ColettaJim; FialaDonna; CoyleFred; HenningTom; petergaddy(agmail.com; mteaters(a)aol.com; kalbers0)naplesnews.com; bbatten(anaplesnews.com; plewis annaplesnews.com; aseniorWbx4now.com; isalomone @fox4now.com Subject: Court Challenge: IAMP Amendment Ballot Language Legality Mr. Klatzkow, Commissioner Coletta's proposed wording of the TAMP Amendement/Map Primary Ballot title is not concise, and is challengeable in court for removal. Also their is no summary language for the ballot which could also be challenged in court. And to be legal the summary language would have to include the entire IAMP Amendments and IAMP Map or could be challenged in court because the voters would be uninformed about the subject and objective of the ballot. It is your legal responsibility as County Attorney to advise the BCC on compliance. Ballot Title Litigation http: / /ballotpedia.org /wiki /index.php /Ballot title litigation Ballot title challenges and litigation occur when the supporters or opponents of a proposed ballot measure believe that the way the measure will be described to voters on ballots when they're in the voting booth is an unfair or inaccurate representation of what will happen if the initiative passes. Thank you, John Lundin Candidate for county Commissioner, District 5, Democrat 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. Re: Fwd: 1 -CRA: Immokalee Master Plan may go to voters before county commissioners Cc xh j 16.. Page 1 of 5 j!3 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Bill Spinelli [spinellibill @yahoo.com] Sent: Monday, June 11, 2012 12:17 PM To: Kathy Cumtolo [Kathy @cbia.net]; Bob Imig [bimig @stockdevelopment.com]; Mike Reagen [MIkeR @napleschamber -g]; William Poteet [bill @poteetpmpem -oom]; Michael A. Wynn [mmnn @surtshineace.com] U: CoyleFted; RalaDonna; HenningTom; Colettalim; HillerGeorgia Kathy/Mike/Bob/Bill, Please see the email chain below related to the Immokalee master plan ammendment. It seems that at the last minute Commissioner Coletta is suggesting the Commission consider an end around and place a "straw" ballot question based on a simple 3 to 2 majority vote on a County comprehensive plan ammendment that would require a super majority 4 to 1 vote to be enacted. If I am reading this correctly he wants to create a formula where the commission is directed to act according to the results of a straw poll of Immakalee voters. I quote from below "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." These comprehensive plan ammendments are very complicated. I believe it is fair to say that very few voters in Immokalee or around the County understand this issue. It is also fair to assume that a campaign will be mounted on soundbytes to get a desired result. There is a reason staute requires a 4 to 1 (80 %) super majority of the entire elected commission. Please recall the Ammendment 4 statewide ballot initiative that the voters of Collier County and the state of Florida rejected overwhelmingly. Everyone knows setting land use decisions and comprehensive plan ammendments by voter referendum is a very unfriendly environment to business and job creation. The practice of politicizing these type of decisions where the special interests with the most money can get the result they want and could not otherwise achieve by using ballot initiatives is a frightening precedent and a very slippery slope. Candidly, property owners and business looking to invest in a community and create jobs will be pushed even further from Collier County. So what is the plan to send a letter and /or speak on this issue at the Commission meeting at 11am tommorrow morning? I realize the time is very short to prepare. Coletta has given the community constituencies almost no time to vet a very critical comprehensive plan ammendment ballot question. Proposing this at the last minute is one of the tactics people that use referendums favor as to prevent adequate vetting of ballot questions and the specific wording. This is a very concerning turn of events from Commissioner Coletta. I am going to copy volunteer leadership at the Chamber, CBIA and NABOR to get them in this loop and see what each CBIA, The Chamber and NABOR are planning to do on this. It will be equally interesting to see how our elected officials discuss and vote on Coletta's request. Regards Bill Spinelli From: KlatzkowJeff <JeffKlatzkow@colliergov.net< mailto :JeffKlatzkow @collieraov.net>> Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <GeorgiaHiller @colliergov.net< mailto :GeorgiaHiller @colliergov. net» Cc: CoyleFred <FredCoyle @colliergov.net< mai Ito: FredCoyle @coIIiergov.net >>, ColettaJim <JimColetta @colliergov.net< mailto :JimColetta @colliergov. net >>, FialaDonna <DonnaFiala@ colliergov .net <mai Ito: Donna Fiala @colliergov. net >> HenningTom <Tom Henn ing@colliergov.net< mailto :Tom Henn ing @colliergov. net >>, OchsLeo <LeoOchs @colliergov.net< mailto: LeoOchs @colliergov.net >>, MitchellIan < IanMitchell @colliergov.net< mailto: Ian Mitchel l @colliergov.net>> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAA ACBw7hYJwxISLoTg %2fI %2fLJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 2 of 5 F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021< https: / /web2.westlaw.com /find /default.wi? mt= 350& db = 1000006& docname= FLSTS97.021 &rp= %2ffind% 2fdefault.wl &findtype =L &ordoc= 566938 &tc=- 1 &vr= 2.0 &fn= top&sv= Split &tf =- 1&pbc=A65F56A2&rs=WLW12.04>, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothiclilies @aol. com <mai Ito: gothiclilies @aol.com >; KlatzkowJeff Cc: Se 1219monetta@aol. com <mai Ito: Se1219monetta@aol.com >; naplesteaparty @g mail. com <maiIto: naplesteaparty @gmail.com >; lavigneann@comcast.net <mailto: lavigneannCa@comcast.net >; steve@artypeinc. com <mai Ito: steve @artypeinc. corn >; https : / /mail.colliergov.netlowal ?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2l %2fLJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 3 of 5 bduane0l @comcast.net< maiIto: bduane0l @comcast.net >; petergaddy @comcast.net <mailto: petergaddy @comcast.net >; vicky @bobwellsreaI estate. us< mailto :vicky @bobwellsrealestate.us >; nanceg @earthlink.net <mailto: nanceg @earthlink.net >; Jflan241 @aol .com <mailto:Jflan241 @aol.com >; purrann @aol.com <mailto: purrann @aol.com >; Bymatson @gmail.com <mailto: Bymatson @g mail. com >; mteaters @aol.com <mailto: mteaters @aol.com >; contacttrcw @aol. com <mailto:contacttrcw @aol.com >; minimushomines @aol.com <mailto: minimushomines @aol.com >; Steve @CosgroveForCollier.com <mailto: Steve @CosgroveForCollier. corn >; Peter @electRichter.com <mailto: Peter @electRichter.com >; vender6226 @hotmail. com< mailto:vender6226 @hotmail.com >; <mailto: kevin @lillyforcollierappraiser. corn > kevin @lillyforcollierappraiser .com <mailto: kevin @lillyforcollierappraiser.com> Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ..." Kindly provide confirmation that the results of any straw ballot question are non- binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, "< ma ilto: gothicl ilies @aol. corn > gothiclilies @aol. corn < ma i Ito: gothicl ilies @aol.com >" << mai Ito: gothicl ilies @aol.com> gothicl ilies @aol. com <mailto: gothicl ilies @aol. corn » wrote: Immokalee Master Plan may go to voters before county commissioners <http: / /immokaleetoday.com/ news /index.cfm /2012 /6 /7 /Immokalee- Master -Plan- may- go -to- voters - before - county - commissioners> The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. https : / /mail.colliergov.netlowal ?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2f1 %2f[JsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 4 of 5 Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was agreed last month <http: / /immokaleetoday.com/ news / index. cfm /2012 /5/22 /Immokalee - Master- Plan- vote - set - for - June -18in- Immokalee> - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non- binding referendum. " "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super - majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline <http: / /immokaleetoday.com/ news / index .cfm /2012 /1/4 /Coletta -wins- https: / /mail.colliergov. net /owa/ ?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2l %2fUsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 5 of 5 extension -of- state - deadline- for - Master- Plan - adoption> for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. https : / /mail.colliergov.net /owa/ ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fi %2fLJsGxBwAOKygR7oFzT... 6/12/2012 'RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners rx 6 Page 1 of 3 (• /U G RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners KlatzkowJeff Sent: Monday, June 11, 2012 9:16 AM To: HillerGeorgia Cc: CoyleFred; ColettaJim; FialaDonna; HenningTom; OchsLeo; MitchellIan Commissioner: The two relevant statutes are as follows: F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothiclilies @aol.com; Klatzkowleff Cc: Se1219monetta @aol.com; naplesteaparty @gmail.com; lavigneann @comcast.net; steve @artypeinc.com; bduane0l @comcast.net; petergaddy @comcast.net; vicky @bobwellsrealestate.us; nanceg @earthlink.net; Jflan241 @aol.com; purrann @aol.com; Bymatson @gmail.com; mteaters @aol.com; contacttrcw @aol.com; minimushomines @aol.com; Steve @CosgroveForCollier.com; Peter @electRichter.com; vender6226 @hotmail.com; https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2l %2f JsGxBwAOKygR7oFzT... 6/11/2012 `RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 2 of 3 kevin @lillyforcollierappraiser.com Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ..." Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, "gothiclilies(Laol.com" <gothiclilies(i aol.com> wrote: Immokalee Master Plan may go to voters before county commissioners The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was agreed last month - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fI %2fTJsGxBwAOKygR7oFzT... 6/11/2012 'RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners State of Florida. Page 3 of 3 The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super- majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fl %2f JsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners /,O<, Page 1 of 4 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners HillerGeorgia sent: Monday, June 11, 2012 10:14 AM To: Albers Kate [kalbers @naplesnews.com]; Neill Dave [dave.neill @scripps.com]; Lewis Phil [pplewis @naplesnews.com] The commissioners will not be voting the "will of the people" - that's legally prohibited in this instance. Please correct your article. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkow c colliergov.net> Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <G eorgiaHiller(r,,collieryov.net> Cc: CoyleFred <FredCoyle_nd colliergov.net >, ColettaJim <JimColetta(_t .colIieraov.net>, FialaDonna <DonnaFiala(racolliergov.net>, HenningTom <TomHennin�z(t-icollierirov.net>, OchsLeo <LeoOchs(ii)colliergov.net >, MitchellIan <lanMitchell a colliergov.net> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2l %2fUsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothiclilies @aol.com; KlatzkowJeff Cc: Se1219monetta @aol.com; naplesteapartv @gmail.com; lavigneann@comcast.net, steve @artypeinc.com; bduane0l @comcast.net; petergaddv @comcast.net; vicky @bobwellsrealestate.us; nanceg @earth link. net; 3flan241 @aol.com; purrann @aol.com; Bymatson gmail.com; mteaters @aol.com; contacttrcw@aol.com; minimushomines @aol.com; Steve @CosgroveForCollier.com; Peter@electRichter.com; vender6226 @hotmail.com; kevin @lillvforcollierappraiser.com Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ..." Page 2 of 4 Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 https : / /mail.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2f %2fUsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners On Jun 9, 2012, at 2:40 AM, "gothiclilies�aaol.com" <gothiclilies.c aol.com> wrote: Immokalee Master Plan may go to voters before county_ commissioners The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was agreed last month - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." Page 3 of 4 https:llmail.colliergov. netlowa/ ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJwxI SLoTg %2l %2ftJsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan. Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super- majority of four votes. Following the December rejection, the Florida Department of Economic Ormortunity extended to September the deadline for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. Page 4 of 4 https :llmail.colliergov.netlowal ?ae = Item &t =IPM. 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H.... �+•SJ I • td w 8 td w I n 3 a Uses & Activities • Cultural Facilities - Music, Dance, Theatre, Culinary Arts, Festivals • Entertainment /Recreation • Retail /Restaurants /Marketplace • Education - Indoor and Outdoor • Community Resources • Residences Image & Identity • Small, Manageable Scale • Green Space & Gardens • Focus on Water • Florida Architectural Style "What Makes A Great Place ?" Sociability • A Place for Locals • A Place to Meet • Community Event Space • Casual Atmosphere • Social Services Access & Linkages • Connect to Sugden Park • Increased Transportation Options • Parking i 0 THE ARTISTS LIVE /WORK VILLAGE RECREATION AREA PUBLIC PERFORMANCE` & PARTICIPATION AREA COMMUNITY SERVICES • SENIOR SERVICES • MEETING ROOMS • MEDICAL CLINIC, • CRA OFFICE • POST OFFICE % • SHERIFF'S OFFICE -� dkit'i ` 0 WATER ACCESS AREA NATIVE PLANT' GARDENS GRAND LAWN 3 LEVEL PARKING GARAGE GROUND FLOOR CLASSROOM & STUDIOS THIS SIDE F, AMPHITHEATRE CONTINUOUS LOOP WALKWAY COMMUNITY ARTS FACILITY •350 SEAT BLACK BOX •STUDIOS -CLASSROOMS •ADMINISTRATION SERVICE COMMUNITY — MARKET OPEN MARKET PAVILION PEDESTRIAN ENTRY OFF BAYSHORE WATER FEATURE /SCULPTURE CAFE' SEATING Ist FLOOR: ------- COMERCIAL & STUDIOS 2nd FLOOR: 30 RESIDENCES PALM COURT &SCULPTURE CAFE' SEATING INTERACTIVE PLAY FOUNTAIN VILLAGE PARKING 9 PRESERVE LARGE COMMUNITY PAVILION PICNIC PAVILIONS TRELLIS OVERLOOK ELEVATED BOARDWALK TO SUGDEN PARK BRIDGE f ` i 5 S.- Lroil r- i 70? I LAKE \ / UH- BMUD -R3 �z& 30' INGRESS GRESS 11- BMUD -R3 LAKE %ISTiNO RESDENTIA� 3 'C- 4- BMUD -NC EASEMENT EXISBNG RESIDENTIAL 3 Y00 EXIST COMME A , (TO BE REMOVED tiit8• MANOR a .._ , c �� JURISDICTIONAL (1289 Ida 'WETLAND LINE t ' t 70 BUFFER f .. .'7' 1 MH- BMUD -R "k t:SAN[: ARP -ti I -.. ' N} . EXISTING +1 - €ri'ER - + 1, 1290' RESIDENTIAL 1', y ' CONNECTION L f i 'tt�ll NT 7 TRACT ' A" ' p; N� }. ..1a. 1 i i rr �I �• f' / _ 1 % b i 11 t296�� ����`�2i• 1120 ..CONCEPTUAL PARIUNG AREA -'' L --�� TRACT "E" a ' (TO INCLUDE PARKING. - '.DUMPSTER j 4�k!)S_LOADING ZONES- AND OTHER _� (fX15nNG LAKE) /� r2 �� t125 _� yc3 PARKING RELATED SES) .i / \\ \ ,AG l•�� �; PROPOSED Q ,-. JURISDICTIONA i FULL "} C -2- BMUD -NC 1400 MH-8M -NC !. WETLAND. MEDIAN CUT 10 VACANT + r q W VACEXISTIN TYPE 'A" LINE 6" D.I.P. WM BUFFER ' TOOINCL PARKING, NDO R VACANT PROPERTY ID. ;i I 1 LOT 708 (PADS LOADING ZONES AND OTHER THE NORTH 27,T 44' TYPE 'A" ' PARKING. RELATED USES' + MW- DMUD-R3 "' W I J� OF 7HE MEST 425' (£MSMIG LAKEJ BUFFER i. - "All 1 I� 1 EXISTING Y �.. TRACT A_ D. -.', RESIDENTIAL'- i CONCEPTVAL PARKING AREA 1 . I.. I I (TO INCLUDE PARKING, DUMPSTER PADS, +' - _. rn ID :WEDF I ' i ;N LOADING ZONES AND OTHER PARKING -4 i �I - V TYP13.YA3 a RELATED USES) 10' a MANOR C -2 -BMUD- C TYPE 'A" MH- BMUD -NC + i .- - - -_ =' SANITARY' VACANT BUFFER VACANT ,_.[�. .i ;' JURIS t - -1 _ _SE'R'ER _.. ,' 1. ' PUD EXISTING RESIDENTIAL WDYI)S7• BLVD I I- SITE DATA: - -� MHG EXISTING RESIDENTIA �v RESIDEN EXISTING USE: VACANT + NO BUFFER I EXISTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC � I (MTA4G iAKE1 I PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: a InA I % � Z OF SITE TRACT "FIT Q�) - TRACT 'A' 7.72 AC 43% o`I I TH RESIDENTIAL UNITS: 40 P, COMMERCIAL: 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS CLASSROOMS /STUDIOS: 925 SF a ADMINISTRATIVE OFFICES: 1,650 SF w 14 PARKING GARAGE: 84,000 SF (EVSnNG LAKE) ,�„c,A * It TRACT "8" 0.56 AC 3% REQUIRED NATIVE VEGETATION PRESERVE zd ° TRACT '0' 1.18 AC 7X Q"j %� Q! c COMMERCIAL /COMMUNITY BUILDING:11,000 SF 'D' THICK PINE & BRAZIUAN PEPPER ISLAND ±262' '- * t, TRACT 0.87 AC COMMUNITY PAVILION, RECREATION, 57. - .- �•----- - -•+r' COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS /BOARDWALK YY ��� � TRACT 'E' 1.fi8 AC 95 RECREATION, COMMUNITY OR PUBLIC USE, d-E PEDESTRiANACCESSWAYS/80ARDWALK TRACT "G" TRACT "F' 2.82 AG 16X RECREATION, COMMUNITY OR PUBLIC USE, IIa OPEN SPACE ( EXISTING LAKE) - r TRACT "Ir 3.06 AC 179 L N RECREATION, COMMUNITY OR PUBLIC USE, I .H OPEN SPACE CTIONAL WETLAND LINE II f TOTAL: 17.89 AC 1005 ' I OPEN SPACE: NO:BUFFER (� < REWIRED: 17.89 AC x 3GX - 5.37 ACRES I y _ PROVIDED: 5.39 AC (307) CONSISTING OF OPEN WATER __ -- -- ---- -- --- -- -- -- - -------- _ -__ & NATIVE VEGETATION - _ _ _ -- -- - - - -- - -- PRESERVE - SEE LEGEND '- BMUD -R3 10' WIDE (BMUD) OVERLAY POTENTIAL VEHICULAR AND PEDESTRIAN 10' 'FIDE (BMUD) OVERLAY VR-BMUD -R3 , I BUFFER - 4 02.18F(2) EXISTING RESIDENTIAL; NATIVE VEGETATION/PRESERVE EXISTING INTERCONNECT (TIP) (PUBLIC OR PRIVATE) BUFFER - 4.02.IBF(2) EXISTING NATIVE VEGETATION ON -SITE: 2.2 ACRES ' RESIDENTIAL NOTES: 1 1) PREVIOUS AND RECENT USES OF LAND: ' A. TRACT 'C" WAS PREVIOUSLY: HUBERYS WELDING & REPAIR FACILITY ym RECENTLY: STRUCTURES HAVE BEEN REMOVED AND THE SITE IS -- NOW VACANT LAND USED FOR FESTIVALS AND EVENTS. B. TRACTS "A" AND "D" I' WIDE 'D" BUFFER WERE PREVIOUSLY: PARTIAL BORROW, LAKE AND VACANT LAND. EXISTING RECENTLY: VACANT LAND, LAKE AND VEGETATION USED FOR EAST NAPLES FESTIVALS AND EVENTS. FIRE STATION c. TRACTS "B ", "E ", "F', AND "G' WERE PREVIOUSLY: PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. 2) JURISDICTIONAL WETLAND LINES ARE PRELIMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20• LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REWIRED ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZE;. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECT TO MODIFICATION AT TIME OF SDP APPROVAL REWIRED NATIVE VEGETATION PRESERVE: 2.2ACx25X =0.55 AC LEGEND PROVIDED NATIVE VEGETATION PRESERVE: 0.55 AC (TRACT'B') O • CONCEPTUAL BUILDING FOOTPRINT 'NOTE: BUILDING DIMENSIONS & OUANTITY OF BUILDINGS MAY VARY TO MEET MARKET CONDITIONS AND PROPOSED USES. (AREA TO INCLUDE BUILDINGS, PEDESTRIAN SYSTEMS, LOADING ZONES, PARKING AND OTHER BUILDING RELATE USES.) i '! ! - - - - -1 PROPOSED BUILDING FOOTPRINT LIMITS AND - -_ - -- CONCEPTUAL PARKING LIMITS FOR TRACTS "A ",'C " &'D' PROPOSED BUFFER DEVIATION # jj AND BUFFER DEVIATION NUMBER ® PROPOSED APPROXIMATE FILL AREA (LAKE) O PROPOSED NATIVE VEGETATION PRESERVE O EXISTING LAKE INGRESS /EGRESS 0 D 1 *PROPOSED OPEN SPACE `� APPROXIMATE ACCESS POINTS PROPOSED DEVIATIONS 5 SEE SHEET /5 FOR PEDESTRIAN & SIDEWALK PLAN. -OPEN SPACE (30X) TOTAL SEE SHEETS 2 & 3 PIZZUTI S O L L I T I O N S 6) (SEE SHEETS Z 3& 4 FOR DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LOCATION WILL BE REVISION DATE: APRIL 20, 2012 ,CULTURAL VILLAGE AT BAYSHORE. PUDZ- PL2010 -592 _ DETERMINED AT PLAT OR SDP SITE DEVELOPMENT PLAN APPROVAL "�I R1A m • 'MUD CONCEPTUAL MASTER SITE PLAN .PPS O _ ,TAE Mrnm COWANKS BANKS .tl ,1 :�IUIM,.>„. CULTURAL ARTS VILLAGE AT BAYSHORE PROtkCI /.. m _=__1� ENGINEERING .......�, „".�, P•.. COl11E11 COUNTY FIARIDA FIIRLK SPAIN. _­_1 ria p -,w) ( > - �n _fueclm osx lu rnl I• . Ar 1 OF 5 Bayshore Drive Elevation SIO jxF qr Al Bayshore Drive Looking North C-A Bayshore Drive Looking South F � f Yom' 1l Interior Courtyard at Artist Village L �I 9 Bird's Eye View - Community Cultural Arts Center and Grand Lawn R View - Interior Courtyard of Live /Work Village ff -01 u 0 § E CL 0 w 0 7 � 0 |C) ° \ \ / / % \ \ \ \ / \ o 0 o 0 0 0 0 0 0 0 0 D r-4 r,4 a w" t wr-4 A w r4 % \ rq C14 \ � \ � r4 \ \ /\ 3 e 3 3 a 3 3 a 3 3 < < < < < < < < < < § L § � » CL 3 / Q)// / e e 0 \ \ \ § ° § t > % 6 Q \ 3 ƒ / / f § / * CO \ 3 o (A \ \ \ $ Eo % ra S> / / } JE » 3 2 / a Q / § f / I 0 3 » 5 G S y § § \ ƒ ƒ $ a 6 ƒ / ƒ � . m = y / / \ \ ƒ / % t > e = E ® ± a a % > 2 / / / / / / 3 » / / \ 0 / ( U _ 2 0 $ .g E — / \ ru \ \ � 7 '/ '/ $ \ k /\: m \ y \ \ /:f /fo000 E» Z3 \ \\ e e e / / - C / < 0 0 0 \ CC t ®> c u e O O o / / u u * $ * \ \ { u U ƒ / \ 0 k / / \ r o ° 8 w S w 8 8 b b — » - 5 3 - 2 3 3 0 u e 2 2 Q O 2 3 7 < \\ \% � ® a RaineyJennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 5:04 AM To: RaineyJennifer Subject: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Please print the chain as and prepare as an exhibit. Thanks- Georgia Hiller Commissioner, District 2 Begin forwarded message: O V Cxry��iav�-� lzv�-11-e4 From: "Albers, Kate" <kalbers@naplesnews.com> Date: June 11, 2012 3:38:10 PM EDT To: HillerGeorgia <GeorgiaHillerkcollier og v.net> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Thank you, Commissioner. I should have attributed that last sentiment to Commissioner Coletta. We have made a correction and will be running a clarification in tomorrow's paper. Katherine Albers Multimedia journalist Naples Daily News (239) 263.4764 (239) 682.4430 (cell) kalbersgnaplesnews.com - - - -- Original Message---- - From: HillerGeorgia [ mailto :GeorgiaHiller @colliergov.net] Sent: Monday, June 11, 2012 10:14 AM To: Albers, Kate; Neill, Dave; Lewis, Phil Subject: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners The commissioners will not be voting the "will of the people" - that's legally prohibited in this instance. Please correct your article. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkow@collier og v. net <mailto:JeffKlatzkowkcollier off» Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <GeorgiaHillergcollier ov. net <mailto:GeorgiaHillergcollier og v.net>> Cc: Co leFred <FredCo le collier ov.net <mailto:FredCo le collier ov.net>> ColettaJim o <JimColetta(,collier og v .net <mailto:JimColettakcollier og v net> >, FialaDonna <DonnaFialagcollier ov. net <mailto:DonnaFialagcollier og v.net >>, HenningTom <TomHenning-gcollier og v. net <mailto:TomHenning(2collier og v.net>>, OchsLeo <LeoOchskcollier og v .net <mailto:LeoOchskcollier ov.net >>, MitchellIan <IanMitchellgcollier og v. net <mailto:IanMitchellkcollier og v net>> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021 <httns: / /web2. westlaw.com/find /default.wl ?mt= 350 &db = 1000006 &docname= FLSTS97.0 21 & rp= %2ffind %2fdefault.wl &findtype =L &ordoc= 566938 &tc =- 1 &vr= 2.0 &fn =_ ton& sv = Split& tf=- 1 &pbc= A65F56A2 &rs= WLW12.04 >, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM 0 To: gothiclilies(2aol. com <mailto:gothiclilies@aol.com >; KlatzkowJeff Cc: Se1219monetta(2aol. com <mailto:Sel219monetta(2aol.com >; naplesteapartyggmail. com< mailto :naplesteaparty@,gmail.com >; lavi ng eann(2comcast.net <mailto:lavi ng eann(2comcast.net >; steve @,artypeinc. com <mailto:steve@artypeine.com >, bduane0I ng eomcast. net <mailto:bduane0I kcomcast.net >; petergaddy(2comcast.net< mailto :petergaddy(2comcast.net >; wicky_( ,bobwellsrealestate.us< mailto :vicky@bobwellsrealestate.us >; nanceg- (2earthlink. net <mailto:nanceg(2earthlink.net >; Jflan241 &aol. com <mailto:Jflan241 kaol.com >; purranngaol .com <mailto:purranngaol.com >; Bymatsonggmail. com <mailto:Bymatsonkgmail.com >; mteatersa,aol. com <mailto:mteaters&aol.com >; contacttrcw(2aol.com <mailto: contacttrcw(2aol.com >; minimushomineska aol.com< mailto :minimushomines(2aol.com >; Steve&CosgroveForCollier .com <mailto: Steve&CosgroveForCol lier. com >; Peter@electRichter.com< mailto:Peter@electRichter.com >; vender6226khotmail.com< mailto:vender6226ghotmail.com >; < mailto: kevin glillyforcollierappraiser.com> kevin nlillyforcollierappraiser.com< mailto: kevin glillyforcollierappraiser.com> Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable..." Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, " <mailto: gothicliliesgaol. com >gothicliliesgaol.com <mailto: gothiclilieskaol. com >" <<mailto:gothicliliesgaol. com >aothiclilieskaol. com <mailto:gothielilies&aol.com>> wrote: Immokalee Master Plan may go to voters before county commissioners <httv:Himmokaleetoday. com /news /index. cfm /2012 /6 /7/1mmokalee- Master -Plan- may- jzo -to- voters - before - county- commissioners> The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 — as was agreed last month <htty: / /immokaleetodgy.com /news /index.cf n/2012/5/22/h=okalee- Master -Plan- vote - set - for - June- 18in- Immokalee> — Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super - majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline< http: / /immokaleetodgy .com/news /index.cfm/2012/ 1 /4 /Coletta -wins- extension-of- state- deadline - for - Master - Plan- adoption for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. 4 xh b; F 10C RaineyJennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 5:25 AM To: RaineyJennifer Subject: Fwd: IAMP Amendment Attachments: Editorial Rebuttal 3.docx; ATT00001.htm; Peoples will Amendment.docx; ATT00002.htm Please prepare as an exhibit including my response. With thanks - Georgia Hiller Commissioner, District 2 Begin forwarded message: From: PAM BROWN <goodhinds2embargmail.com> Date: June 11, 2012 11:12:19 AM EDT To: PhillippiPenny <PennyPhillippi@collier og v.net> Cc: ColettaJim <JimColettagcollier og v net >, CoyleFred < redCoyle(2collier og v net >, donnafialla <donnafialla&collier og v.net>, HenningTom omHennin collier ov.net >, HillerGeorgia <GeorgiaHillerkcollier og v.net> Subject: IAMP Amendment Ms. Phillippi: At the January meeting that was held in Immokalee with Commissioner Henning there were recommendations and direction to county staff to hold work shops and take the communities suggestions and address them. The workshops that were held only were to inform the community what was going to be implemented and not listening to the constituents that attended them. This was not what the community wants but what county staff has recommended. Please share these attached amendment recommendations with county staff. You and county staff need to stop dividing the community of Immokalee. This is my home town and several other prominent people that have been attending the work shops were told to be quiet and sit down in meetings.You,Commissioner Coletta and county consultants(Robert Mulhere) failed to intimidate the people of Immokalee. I have also attached the Editorial Rebuttal that was printed in the Immokalee. This is all factual. Thank you for sharing this with the BCC. Pam Brown 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. Cnk0' 6,_f HOC Editorial Rebuttal I am a member of one of the founding families of Immokalee from the 1880's. My family has had businesses in Immokalee from the time we have arrived. I have been civically involved in my community for 30 years and I am presently the Chairperson of the Immokalee Fire Control District and the Immokalee Area Civic Association. I too have been reading the recent editorials in the Naples Daily News and the Immokalee Bulletin and I would like to share my observations and knowledge of the community. We have not been served well by Commissioner Coletta over the past 12 years not 8 years The issue is Not what he has done for Ave Maria, but what has he done for Immokalee? In 2007 there were plans and campaign promises made that Immokalee Road would be expanded to four - lanes. This plan was dropped and changed to a six lane plan for Oil Well Road, for the benefit of Ave Maria. Why? Mr. Coletta has been our commissioner since 2000. Why did he forget us and widen a road that would serve only one community? Immokalee Road is a very dangerous road with fatal accidents that happen on a frequent basis. This road could have served Corkscrew, Ave Maria and Immokalee better. Immokalee whose life blood is agriculture, which is seldom acknowledged for the value it brings to the area. Why weren't we more important than a new subdivision? The cost of the Oil Well Road widening was not paid for by private developers. On April 26, 2005, the Board of Collier County Commissioners entered into a Developer Contribution Agreement with Ave Maria Development, LLP. As a part of this Agreement, the commission agreed to provide six lane improvements to Oil Well Road. The Developer, Barron Collier Companies, agreed to donate a certain right -of -way. The County agreed to be responsible for mitigation fees. In February 24, 2009, The Commissioners voted to pay Barron Collier Companies $1,863,000 for Panther Habitat Units, even though this was for their development. The county then took the money out of the gas tax reserves to repay them. The agreement also obligates Collier County to reserve and prioritize all road impact fees from District 5 and adjoining Impact Fee Districts until such time the Impact Fess /COA Revenue exceeds $41.555 Million or until October 1, 2016. Collier County received some of the funding from the 2009, $598 Million Economic Stimulus money by President Obama. This appears that the tax payers of Collier County are paying for a majority of the developers developments. I am concerned about Immokalee not Ave Maria. They are not the issue. Arthrex is not the issue. Arthrex is a great company that will provide several hundred jobs and compliments Collier County. We are lucky to have them. Are the thousands of people who live in Immokalee nobody? Where is the consideration of the thousands of homeowners & hundreds of businesses that have helped Immokalee and Collier County evolve into the 21St century? With the exception of Arrowhead, the only housing that has been put in Immokalee in the past 10 years is affordable housing, such as Habitat for Humanity (we have more than any town in the U.S.A.) and non - profit companies that do not pay property taxes. 110 C Our "beautification" is paid by a Municipal Special Taxing District (MSTU) that is merely added to our tax bills.. Very few businesses have been built in Immokalee in the last 10 years. We have gained a few and lost many. We are a Rural Area of Strategic Economic Concern (RASEC). The Immokalee Urban Area and the area within 5 miles surrounding it can receive federal and state funding, yet nothing is being done to help the tax base of Immokalee. The airport business development does not pay property taxes. In fact, there have been no new businesses at the airport and it operates at a deficit. It took us over 7 years to get the State Farmers Market built back and that was FEMA money. How is all this stimulating Immokalee's economy? How is Commissioner Coletta helping Immokalee grow? If Commissioner Jim Coletta really wanted to see Immokalee grow economically, he would have encouraged a four lane road into Immokalee that would have benefited several communities and the Immokalee Airport, not one. A four lane road would have encouraged new businesses to our area. He would have aggressively lobbied to get the State Farmers Market rebuilt. His goal has appeared to get rid of "blighted" areas of Immokalee to clean up through code enforcement. No consideration has been given to Immokalee. We as the community of Immokalee need to step up and let our voices be heard, so that we can again be proud of our community. All of Coletta's promises turned out to be empty promises. He has done nothing for the people of Immokalee, because he has been pre- occupied with spending millions in taxpayer money for the benefit of special interests and creating new developments. There were several issues in District 5 that needed attention before starting new projects. The recent proposed Immokalee Area Master Plan Amendment is nothing but a continuation of his plan to stomp out our rural agricultural community and replace it with subdivisions so the Land Barons can make billions in future profits. The CRA Advisory Board has made changes to the Immokalee Master Plan after you last heard the amendment. Your Staff and you are refusing to allow the BCC to hear from Immokalee people, (your advisory board). Where is the "will of the people" Commissioner Coletta if you allow this to happen? Don't you want what the people of Immokalee want? You even told us this was Fred Thomas's plan. I request you direct your Staff to include the revisions your CRA Board included in our master plan amendment date April 4th 2012 Policy 2.1.3: Mitigation Banking and /or Targeted Acquisition Lands Within two (2) years of the effective date of this policy [effective , 2011], and subject to Policy 1.1.1, Collier County will explore the feasibility of utilizing privately owned undeveloped parcels with significant wetland, upland, or listed species habitat value, as a listed species habitat conservation bank or wetland mitigation bank to compensate for wetland or listed species impacts associated with development within the Immokalee Urban Area, for mitigation required by state and federal agencies, or for off -site preservation when allowed. The purpose of such a mitigation bank and /or identification of lands targeted for acquisition within the Immokalee Urban Area, in addition to the ecological benefits, is to facilitate and expedite permitting of development and redevelopment on other more appropriate lands within the Immokalee Urban Area. During this period, the County shall develop a map depicting the preferred lands to be targeted for mitigation or acquisition by public or private parties. Incentives and regulatory requirements shall be included in the LDC (Ordinance 04 -41, as amended) to direct mitigation to or acquisition of these targeted lands and to direct development away from such lands. Collier County has failed in its TDS program in the Rural Fringe Mixed Use District and you want to create another one? Wet lands in Immokalee monetary value are low not enough to create another failed program. This policy should be stricken. GOAL 2: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY Policy 2.2.1: Expedited Review Within two (2) years of the effective date of this policy [effective , 2011], subject to Policy 1.1.1, Collier County will review and amend or expand, as necessary, the fast -track and expedited review program for projects that provide a positive economic benefit to the Immokalee economy, specifically including affordable, gap, and farm worker housing and targeted industries. During this period, criteria will be developed to be used as a guide for determining what will qualify a project for this expedited review program. Immokalee does not need more affordable housing! Immokalee needs middle class housing for our Teachers and Fire Fighters. Furthermore if this plan would address JOBS home builders would happy to build homes without GOVERNMENT SUBSIDY. THIS POLICY NEEDS TO BE STRICKEN! Policy 2.2.2: Pre - Certified Commercial/Industrial Sites Collier County will encourage the development of targeted manufacturing, light industrial, and other similar uses by identifying appropriate locations for those uses, and by streamlining the permitting and approval O process for commercial and industrial development within the Immokalee Urban Area. Collier County will review the existing Certified Sites Program, presently administered by the Economic Development Council of Collier County (EDC), and propose improvements to the program within two (2) years of the effective date of this policy [effective , 2011] and subject to Policy 1.1.1. Who is the EDC, this policy is out dated and needs to be stricken Policy 2.2.3: Home Occupations Collier County will amend the LDC (Ordinance 04 -41, as amended), subject to Policy 1.1.1, to create more flexibility for home -based businesses in the Immokalee Urban Area, thereby allowing additional opportunities for home -based occupations. Again. This policy should be in the Immokalee LDR not the Collier County Land Development Code. The intent was for Immokalee to have its own Land Development Code; all land -use pertaining to Immokalee should be in one document Policy 2.2.4: Financial Incentives Collier County will develop a comprehensive financial incentive strategy to promote economic development in the Immokalee area and identify funding sources to maintain adequate funding of such incentive programs. Are you going to do this without voter approval? The CRA have plenty of money that should be able to administer a program. This policy should be stricken until you decide what you going to do for all the Residents. Policy 2.2.5: Agriculture - Related Business Uses In recognition of the economic importance of agriculture, the County will amend the LDC (Ordinance 04 -41, as amended) to allow agriculture - related business uses, such as fruit and vegetable stands, farmers markets, and agritourism related uses, within certain, to be determined, non - agricultural zoning districts, within two (2) years of the of the effective date of this Policy [effective , 2011], subject to Policy 1.1.1 This policy should be in the Immokalee LDR not the Collier County Land Development Code. The intent was for Immokalee to have its own Land Development Code; all land -use pertaining to Immokalee should be in one document GOAL 3: TO PROVIDE A DIVERSITY OF SAFE AND SANITARY HOUSING FOR ALL RESIDENTS OF THE IMMOKALEE URBAN AREA. 10C Policy 3.2.5: Housing Code Enforcement Collier County shall make reasonable effort to require that substandard housing be brought into compliance or eliminated. Enforcement efforts will focus on properties that are abandoned, owned by an absentee landlord, or whose operation is not in compliance with the Collier County Land Development Code. Immokalee has been inundated with Code Enforcement, you need to leave us alone and stop treating us different than the rest of the County. Substandard Housing in addressed in your Code of Laws, not in the Land Development Code OBJECTIVE 3.3: The County will continue to explore and provide innovative programs and regulatory reforms to reduce development costs and promote safe and sanitary affordable- workforce housing for Immokalee residents. Again we have enough affordable housing you don't need new programs to reduce cost for affordable housing. Policy 3.3.1: Housing Grant Opportunities Collier County, in coordination with the CRA, will pursue government grants and loans for affordable workforce housing. This policy needs to be amended by striking affordable. Policy 3.3.2: Affordable - Workforce and Gap Housing Incentives Collier County, subject to Policy 1.1.1, will review its affordable - workforce housing (including gap) incentives to determine the effectiveness of existing provisions and whether additional incentives are necessary or desired. Again encourage Robs not additional government program for housing GOAL 4: TO PROVIDE ADEQUATE AND EFFICIENT PUBLIC INFRASTRUCTURE AND FACILITIES FOR THE IMMOKALEE URBAN AREA. Policy 4.2.7: Transportation Concurrency Alternatives (for SR 29) Within two (2) years of the effective date of this Policy [effective , 2011], Collier County shall identify alternatives methods to allow non - residential development in the Immokalee Urban Area to proceed with limited exceptions and /or a mitigated waiver from existing concurrency requirements due to the economic and job creation benefits such development would provide. Funding for the alternatives to concurrency feasibility analysis will be provided by the Immokalee CRA. The following shall be considered as a part of the analysis: a. Establishing a Transportation Concurrence Exception Area (TCEA) or Transportation Concurrence Management Area (TCMA) or other alternative that would allow limited exceptions and /or mitigated waivers from concurrency for economic development, diversity, and job creation in the Immokalee Urban Area; and ion b. Potential limitations on such exceptions and /or waivers from concurrency including: 1. Limiting applicability to certain locations in the Urban Area such as the Airport/ Tradeport, other lands around the airport, and the Central Business District corridor (Urban Infill designated lands); 2 Requir-ing a ease by case approval of any stieh exeeption or- waivef based upon eei4ain targeted and measurable obj eetives, ineluding Transit Oriented Design, job ereation and other eommitments by the developef that would be deemed -te be oene€ieial to the -semmunity; °Pa 3. Limiting the duration, or requiring mandatory periodic reviews, of the continued feasibility of any such exception or waiver process. You are calling a TCEA or a TCMA "Adequate and Efficient Public Facilities " ?? YOU HAVE TO BE KIDDING ME! Who wants to sit in traffic all day? Remove the mixed use within the future land use map before lowering the service on our roads and FIX the road that we have today! Policy 4.2.2: Long Range Transportation Improvements Collier County will explore the possibility of aegelefating the impleffwf4atien of the Collier Go,,.� * Metropolitan PlanninR ganization's Lone Range T-r-anspeftat .,i.;°,.+ +„ available funding, pr-eeufser- to initiating fi° investment in the rw,.,,, kale° area. In particular, the County will support and encourage: • the Florida Department of Transportation in the widening of SR 82 between I -75 and SR 29 as a first step in improving transportation access to Immokalee; - the building of the SR 29 B5Tass RetAe to er-eate dir-eet aceess to SR 82 and SR 29 ftem the immokalee Regional AifpeA and Florida Tr-adepoFtt Widening of SR 29 S into Immokalee from SR 82 to improve access To Immokalee. • the Florida Department of Transportation to improve road conditions along State -owned roads; • the er-eation of new, or- expansion of existing, tfaaspef4ation eoffider-s that impr-ave aeeess between immokalee, -the City of Naples, and eeastal Gallier-Countyand • the creation of new collector roads, including the Little League Road extension near Lake Trafford, to handle increased future population growth and traffic in that area. Immokalee Road needs to be improved and widened into a four lane road. The only way you're going to accomplish this policy is to raise taxes. ARE YOU WILLING TO RAISE OUR TAXES? Policy 4.2.4: Safety Improvements Collier County will develop a plan identifing locations for new traffic signals, signage, crosswalks, bikepaths, Metropolitan Planning Organization, subj eet to Peliey 1. 1. 1. - . adestr4an and bicycle circulation and safety within prioritize and street lighting for the purpose of' . . areas within the Munieipal Service Taxing Unit (N4STU) as part of the Walkability Study funded by the Collier New traffic lights and crosswalks will lower our level of service on our roads. I'm requesting you strike this policy. Policy 4.4.1: "Clean Immokalee" Plan Collier County will develop a "Clean Immokalee" Plan to improve the physical appearance of the streets and lots through education, enforcement, and clean -up activities by 2011. This program will solicit input and participation from community organizations and neighborhood associations. You are implying Immokalee is dirty! Immokalee is a farming town. You are trying to force your beliefs on a farming community. We are a chicken. Do not try to make us a duck! I am Fourth generation Immokalean and I am proud of my town. This is discrimination against the community. 1 Policy New 10 Any bypass road to relieve congestion on Main Street (SR 29) must include the use of New Market Road. Any bypass not utilizing New Market is expressly rejected. FLUE Amendment All areas currently depicted as agricultural under the existing FLUE should remain as agricultural. There is no need for any additional overlay for residential, Industrial, or Commercial property. There exists a current oversupply of available Industrial, Residential, and Commercially zoned property. l D C.- Raineyjennifer From: HillerGeorgia Sent: Tuesday, June 12, 2012 8:26 AM To: RaineyJennifer Subject: Fwd: Court Challenge: IAMP Amendment Ballot Language Legality Please print as an exhibit for today. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkowgcollier og v net> Date: June 12, 2012 8:06:02 AM EDT To: "'gothicliliesgaol.com "' <gothiclilies &aol.com> Cc: HillerGeorgia <GeorgiaHiller(a,collier og v.net >, ColettaJim <JimColetta(2collier og v.net >, FialaDonna <DonnaFialagcollier og v.net >, CoyleFred <FredCoylegcollier og v.net >, HenningTom <TomHenning(,collier ov.net >, "petergaddyggmail.com" <petergaddy_ggmail.com >, "mteatersgaol.com" <mteaters(2aol.com >, "kalbersgnaplesnews.com" <kalbersgnaplesnews.com >, "bbattengnaplesnews.com" <bbattengnaplesnews.com >, "plewisgnaplesnews.com" <plewisgnaplesnews.com >, "asenior(2fox4now.com" <aseniorgf6x4now.com >, "jsalomonegfox4now.com" <j salomonegfox4now.com> Subject: RE: Court Challenge: IAMP Amendment Ballot Language Legality Commissioner Coletta's proposal today is for a non - binding, straw ballot question to help gauge the sentiment of the voters of Immokalee. It's no different than conducting a poll. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: gothiclilies @aol.com fmailto:gothidilies @ aol.coml Sent: Tuesday, June 12, 2012 7:27 AM To: KlatzkowJeff Cc: HillerGeorgia; ColettaJim; FialaDonna; CoyleFred; HenningTom; petergaddy a)gmail.com; mteaters @aol.com; kalbers@naplesnews.com; bbatten @naplesnews.com; plewis naplesnews.com; asenior0fox4now.com; jsalomone @fox4now.com Subject: Court Challenge: IAMP Amendment Ballot Language Legality Mr. Klatzkow, lOC 10C Commissioner Coletta's proposed wording of the IAMP Amendement/Map Primary Ballot title is not concise, and is challengeable in court for removal. Also their is no summary language for the ballot which could also be challenged in court. And to be legal the summary language would have to include the entire IAMP Amendments and IAMP Map or could be challenged in court because the voters would be uninformed about the subject and objective of the ballot. It is your legal responsibility as County Attorney to advise the BCC on compliance. Ballot Title Litigation http: / /ballotpedia.org /wiki /index.phP /Ballot title litigation Ballot title challenges and litigation occur when the supporters or opponents of a proposed ballot measure believe that the way the measure will be described to voters on ballots when they're in the voting booth is an unfair or inaccurate representation of what will happen if the initiative passes. Thank you, John Lundin Candidate for county Commissioner, District 5, Democrat Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners /I j 4. , �— Page I of 5 j G �- Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners O Bill Spinelli [spinellibill @yahoo.com] Sec: Monday, June 11, 2012 12:17 PM To: Kathy Curatolo [Kathy @cbia.net]; Bob Ing [bimig @stxkdavelopment.com]; Mike Reagan [MikeR @naple chamber.mg]; William Poteet [bill @poteetproperb - coin]; Michael A. Wynn [mwynn @sunshinea -corn] Cc: CoyleRed; HalaDonna; HenningTom; Colettal in; HilleiGeorgia Kathy /Mike/ Bob /Bill, Please see the email chain below related to the Immokalee master plan ammendment. It seems that at the last minute Commissioner Coletta is suggesting the Commission consider an end around and place a "straw" ballot question based on a simple 3 to 2 majority vote on a County comprehensive plan ammendment that would require a super majority 4 to 1 vote to be enacted. If I am reading this correctly he wants to create a formula where the commission is directed to act according to the results of a straw poll of Immakalee voters. I quote from below "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." These comprehensive plan ammendments are very complicated. I believe it is fair to say that very few voters in Immokalee or around the County understand this issue. It is also fair to assume that a campaign will be mounted on soundbytes to get a desired result. There is a reason staute requires a 4 to 1 (80 %) super majority of the entire elected commission. Please recall the Ammendment 4 statewide ballot initiative that the voters of Collier County and the state of Florida rejected overwhelmingly. Everyone knows setting land use decisions and comprehensive plan ammendments by voter referendum is a very unfriendly environment to business and job creation. The practice of politicizing these type of decisions where the special interests with the most money can get the result they want and could not otherwise achieve by using ballot initiatives is a frightening precedent and a very slippery slope. Candidly, property owners and business looking to invest in a community and create jobs will be pushed even further from Collier County. So what is the plan to send a letter and /or speak on this issue at the Commission meeting at 11am tommorrow morning? I realize the time is very short to prepare. Coletta has given the community constituencies almost no time to vet a very critical comprehensive plan ammendment ballot question. Proposing this at the last minute is one of the tactics people that use referendums favor as to prevent adequate vetting of ballot questions and the specific wording. This is a very concerning turn of events from Commissioner Coletta. I am going to copy volunteer leadership at the Chamber, CBIA and NABOR to get them in this loop and see what each CBIA, The Chamber and NABOR are planning to do on this. It will be equally interesting to see how our elected officials discuss and vote on Coletta's request. Regards Bill Spinelli From: KlatzkowJeff <JeffKlatzkow@ colliergov .net <mai Ito: JeffKlatzkow @colliergov. net>> Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <GeorgiaHiller @colliergov.net< maiIto: Georgia Hiller @colIiergov.net>> Cc: CoyleFred <FredCoyle@colliergov.net< mai Ito: FredCoyle @colliergov. net >>, ColettaJim <JimColetta @colliergov. net< mailto: JimColetta @col liergov. net », FialaDonna <DonnaFiala @colliergov.net< mailto: DonnaFiala @colliergov.net >>, HenningTom <Tom Henning @colliergov.net< mailto :Tom Henn ing @colliergov. net >>, OchsLeo <LeoOchs @colliergoov. net< mailto:LeoOchs @colliergov.net >>, MitchellIan <IanMitchell @colliergov.net< mailto :IanMitchell @colliergov.net>> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: https : / /mail.colliergov.netlowal ?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fl %2fLJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 2 of 5 10 F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021< https: / /web2.westlaw.com /find /default.wl? mt= 350& db = 1000006& docname= FLSTS97.021 &rp= %2ffind% 2fdefault.wl &findtype =L &ordoc= 566938 &tc=- 1 &vr= 2.0 &fn= top&sv= Split &tf =- 1&pbc=A65F56A2&rs=WLW12.04>, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothicliIies @aol. com <mai Ito: gothiclilies @aol. corn >; KlatzkowJeff Cc: Se1219monetta @aol. com <mailto:Se1219monetta @aol.com >; naplesteaparty @gmail.com< mailto: naplesteaparty @gmail.com >; lavigneann @comcast.net <maiIto: lavigneann@comcast.net >; steve @artypeinc. corn <mai Ito: steve@artypeinc. corn >; https : / /mail.colliergov.net /owa/ ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJNvxISLoTg %2fi %2fLJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 3 of 5 10C bduane0l @comcast.net< maiIto: bduane0I @comcast.net >; petergaddy @ corn cast. net <maiIto: petergaddy @comcast.net >; vicky @bobwellsrealestate.us< mai Ito: vicky @bobwellsrealestate.us >; nanceq @earthI ink. net <maiIto: nanceg @earthI ink. net >; 3flan241 @aol .com <mailto:3flan241 @aol.com >; purrann @aol.com <mailto: purrann @aol.com >; Bymatson @gmail.com <mailto: Bymatson@gmail.com >; mteaters @aol.com <mailto: mteaters @aol.com >; contacttrcw@aol. corn <mai Ito: contacttrcw @aol.com >; minimushomines@aol.com <mailto: minimushomines @aol.com >; Steve @CosgroveForCollier.com <mailto: Steve @CosgroveForColIier.com >; Peter @e lectRichter.com <maiIto: Peter @electRichter.com >; vender6226 @hotmail. com< mailto:vender6226 @hotmail.com >; <mailto: kevin @IiIlyforcolIierappraiser.com> kevin @IiIlyforcolIierappraiser .com <maiIto: kevin @lillyforcolIierappraiser.com> Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ..." Kindly provide confirmation that the results of any straw ballot question are non- binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, " <mailto:gothiclilies @aol. com >gothiclilies @aol. com <mailto:gothiclilies @aol.com >" <<mailto:gothiclilies @aol. com >gothiclilies @aol. com <mailto:gothiclilies @aol.com>> wrote: Immokalee Master Plan may go to voters before county commissioners <http: Him mokaleetoday.com / news /index.cfm /2012 /6 /7 /Immokalee- Master -Plan- may- go -to- voters - before - county - commissioners> The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. https: / /mai l.colliergov.netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxI SLoTg %2f1 %2ftJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 4 of 5 10 Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was agreed last month <http: / /immokaleetoda ..com/ news / index. cfm /2012 /5/22 /Immokalee - Master- Plan- vote - set - for - June -18in- Immokalee> - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non- binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "'Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "'If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super - majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline <http• / /immokaleetoday.com/ news / index .cfm /2012 /1/4 /Coletta -wins- https: / /maii.colliergov. netlowal ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxI SLoTg %2fi %2tlJsGxBwAOKygR7oFzT... 6/12/2012 Re: Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners P e 5 of 5 C extension -of- state - deadline- for - Master - Plan - adoption> for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. https:Hmai l.col liergov.netlowal ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJwxl SLoTg %2fi %2fLJsGxBwAOKygR7oFzT... 6/12/2012 'RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners rx k, 6;1 C. RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners KlatzkowJeff Sent: Monday, June 11, 2012 9:16 AM To: HillerGeorgia Cc: CoyleFred; Colettalm; FialaDonna; HenningTom; OchsLeo; MitchellIan Commissioner: The two relevant statutes are as follows: F.S. § 125.01 Page I of 3 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: gothiclilies @aol.com; KlatzkowJeff Cc: Se1219monetta @aol.com; naplesteaparty @gmail.com; lavigneann @comcast.net; steve @artypeinc.com; bduane0l @comcast.net; petergaddy @comcast.net; vicky @bobwellsrealestate.us; nanceg @earthlink.net; Jflan241 @aol.com; purrann @aol.com; Bymatson @gmail.com; mteaters @aol.com; contacttrcw @aol.com; minimushomines @aol.com; Steve @CosgroveForCollier.com; Peter @electRichter.com; vender6226 @hotmail.com; https :Hmail.colliergov.netlowal ?ae = Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fI %2f JsGxBwAOKygR7oFzT... 6/11 /2012 "RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 2 of 3 kevin 9lillyforcollierappraiser.com 10 Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is no�- binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "cl ar and indisputable..." Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 On Jun 9, 2012, at 2:40 AM, " gothiclilies(c-,aol.com" <gothiclilies(cr�aol.com> wrote: Immokalee Master Plan may go to voters before county commissioners The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was asreed last month - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes _No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the https: / /mail.colliergov. netlowa/ ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJW�LoTg%2ff %2fLJsGxBwAOKygR7oFzT... 6/11/2012 `RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 3 of 3 a f Florida. 10 C State rida 0 0 The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super - majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. https : / /mail.colliergov.net /owa/ ?ae= Item &t= IPM.Note&id= RgAAAACBw7hYJwxI LoTg%2f %2fIJsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioner wGb Page 1 of 4 10 c Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners HillerGeorgia Sent: Monday, June 11, 2012 10:14 AM To: Albers Kate [kalbers@naplesnews.com]; Neill Dave [dave.neill @scnpps.com]; Lewis Phil [pplewis @naplesnews.com] The commissioners will not be voting the "will of the people" - that's legally prohibited in this instance. Please correct your article. Georgia Hiller Commissioner, District 2 Begin forwarded message: From: KlatzkowJeff <JeffKlatzkowna,colliereov.net> Date: June 11, 2012 9:16:32 AM EDT To: HillerGeorgia <Geor$iaHille6bcolliergov.net> Cc: CoyleFred <FredCOVleCc collier2ov.net>, ColettaJim <JimColetta colt er ov.net>, FialaDonna <DonnaFialana,colliergov.net>, HenningTom <TomHennin collier ov.ne >1 OchsLeo <LeoOchsna,collier;;ov.net>, MitchellIan <IanMitchellAcolliersOV.net> Subject: RE: I -CRA: Immokalee Master Plan may go to voters before county commissioners Commissioner: The two relevant statutes are as follows: F.S. § 125.01 (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (y) Place questions or propositions on the ballot 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. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. F.S. § 163.3167 (8) An initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment is prohibited. However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented. In keeping with F.S Sec 125.01(1)(y), Commissioner Coletta will be asking the Board on Tuesday to consider a non - binding straw ballot to help the Board determine the sentiment of the voters of Immokalee for the IAMP as previously presented to the Board. It is non - binding on the Board. What the Board cannot do is condition any land use matter, including the IAMP, by a binding referendum. https : / /mail.colliergov.netlowa/ ?ae= Item &t =IPM. Note& id= RgAAAACBw7hYJwxl�LoTg %2l %2fiJsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: HillerGeorgia Sent: Saturday, June 09, 2012 3:40 PM To: Qothiclilies(a)aol.com; Klatzkowleff Cc: Sel219monetta @aol.com; naplesteaparty@gmail.com; lavigneann@comcast.net; steve @artypeinc.com; bduaneOlC&comcast.net; petergaddyC@comcast.net, vicky@bobwellsrealestate.us; nancea @earthlink.net; Jflan241@aol.com; purrann @aol.com; Bymatson@gmail.com; mteaters(cbaol.com; contacttrcw @aol.com; minimushomines(a)aol.com; Steve(�bCosgroveForCollier.com; Peter@electRichter.com; vender6226C&hotmail.com; kevin 0lillyforcollierappraiser.com Subject: Re: I -CRA: Immokalee Master Plan may go to voters before county commissioners Jeff, Coletta is wrongly telling voters that their vote will determine the BCC vote. You indicated that the results to any straw ballot question is non - binding on the BCC; specifically, that a straw ballot is NOT A REFERENDUM. Coletta's representations below are misleading the public ie: "clear and indisputable ... Page 2 of 4 Kindly provide confirmation that the results of any straw ballot question are non - binding on the board of commissioners, and that a straw ballot is not a referendum. Specifically, HB 7202 prohibits referendum of land use questions. With thanks, Georgia Hiller Commissioner, District 2 https : / /mail.colliergov.netlowal?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2fi %2f JsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioner On Jun 9, 2012, at 2:40 AM, " gothiclilies(a,aol.com" <aothicliliesna,aol.com> wrote: Immokalee Master Plan may go to voters before county commissioners The future of the proposed Immokalee Area Master Plan may rest in the hands of Immokalee voters, not solely in the hands of the Collier County Commission. Collier County Commissioner Jim Coletta, who represents Immokalee and eastern Collier on the county's lawmaking panel, will propose June 12 a significant shift in the master plan's future. Rather than having the county commission give the plan a final up -or -down vote on June 22 - as was agreed last month - Coletta will suggest giving Immokalee voters a direct say by placing it on the August 14 primary election ballot in a non - binding referendum. "We've gone to great lengths to make sure the people of Immokalee understand the Master Plan," Coletta said. "Let's take it another step forward and let Immokaleans vote on whether they support the plan or not." Coletta will need two other lawmakers to agree with him before the question can be attached to the August primary ballot. The proposal has the approval of the county attorney and Jennifer Edwards, Supervisor of Elections. While the August election is a primary election for political parties to select nominees for local and state office, the referendum question will be open to all registered voters in Immokalee, regardless of party affiliation. According to Coletta's proposal, the ballot question would read: DO YOU SUPPORT THE AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AS VOTED ON AT THE COLLIER COUNTY BOARD OF COMMISSIONERS' DECEMBER 13, 2011, MEETING? Yes No "The county commission will then have a clear and indisputable direction to take," Coletta said. "If voters approve the plan, we should too. If voters reject the plan our way is also clear." Page 3 of 4 ioc https: / /mail.colliergov. netlowa/ ?ae= Item& t = IPM. Note& id= RgAAAACBw7hYJwxISILoTg %2f %2fLJsGxBwAOKygR7oFzT... 6/11/2012 Fwd: I -CRA: Immokalee Master Plan may go to voters before county commissioners Page 4 of 4 10C He said the results of the August 14 vote will still leave county lawmakers plenty of time to formally adopt the plan prior to the end -of- September deadline for approval set by the State of Florida. The date of December 13, 2011 is significant in the proposed ballot question because that is the date on which the Collier commission failed to approve the plan when it garnered only three of the four necessary votes for adoption. While Commissioners Coletta, Donna Fiala and Fred Coyle supported the plan, Commissioner Georgia Hiller voted against it and Commissioner Tom Henning abstained. Because it is a major change to the county's formal growth plan, adoption requires the so- called super- majority of four votes. Following the December rejection, the Florida Department of Economic Opportunity extended to September the deadline for final, local adoption of the plan. The Collier County Commission is set to debate Coletta's proposal at 11 a.m. on June 12 during its regular meeting. 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. https :llmail.colliergov.netlowa / ?ae= Item& t = IPM. 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