Agenda 06/12/2012 Item #10C6/12/2012 Item 10.C.
EXECUTIVE SUMMARY
Recommendation to direct the Collier County Supervisor of Elections to place a straw ballot
referendum on the August 14, 2012, ballot for the Primary Election concerning support for the
Immokalee Area Master Plan and the Immokalee Area Master Plan Future Land Use Map, and
continue the advertised June 18th adoption hearing to September, 11, 2012, which is the Board's
first scheduled meeting in September.
OBJECTIVES: To place the following non - binding straw ballot referendum question on the August
14, 2012, ballot for the Primary Election:
Straw Ballot Referendum on Immokalee Area Master Plan and Future Land Use Map.
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
In addition, to continue the advertised June 10h adoption hearing to the Board's first meeting in
September, which is September 11, 2012.
CONSIDERATIONS: At its May 22, 2012 meeting, the Board of County Commissioners
unanimously voted to reconsider the proposed Immokalee Area Master Plan and the Immokalee Area
Master Plan Future Land Use Map, originally heard and not adopted by the Board on December 13,
2011, and rehear the matter in Immokalee on June 18, 2012, in order to allow the residents of
Immokalee to voice their approval or disapproval of the plan.. The issue concerning the adoption of the
Immokalee Area Master Plan has become extremely contentious in the community of Immokalee and
there have been reports of some residents intimidating persons with opposite opinions as to the
adoption or rejection of the proposed Master Plan.
Placing the issue of whether the public supports the amendments to the Immokalee Area Master Plan
and the Immokalee Area Master Plan Future Land Use Map that was previously voted on at the
Board's December 13, 2011 meeting on a straw ballot will allow the voters within Immokalee to
evidence their support or opposition to the LAMP protected by the privacy of the voting booth.
The deadline for a straw ballot referendum to be placed on the August 14, 2010, Primary ballot is June
12, 2012. If the straw ballot language is approved by the Board, it will also need to be translated into
Spanish and provided to the Supervisor of Elections. Since the voice of the residents of Immokalee
will be heard through a straw ballot in August, there is no need to hold the meeting on June 18, 2012.
FISCAL IMPACT: Although there is no direct fiscal impact associated with this Executive Summary,
if the straw ballot language is approved, there will be a nominal cost to translate the proposed language
into Spanish.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
Packet Page -413-
6/12/2012 Item 10.C.
RECOMMENDATION: That the Board of County Commissioners place this straw ballot referendum
on the ballot for the August 14, 2012, Primary Election, and continue the advertised June 18th adoption
hearing to the Board's first meeting in September, which is September 11, 2012.
PREPARED BY: Jim Coletta, District 5 Commissioner
Packet Page -414-
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C.
6/12/2012 Item 10.C.
Item Summary: Recommendation to direct the Collier County Supervisor of Elections to
place a straw ballot referendum on the August 14, 2012 ballot for the Primary Election
concerning support for the Immokalee Area Master Plan and the Immokalee Area Master Plan
Future Land Use Map, and continue the advertised June 18, 2012 adoption hearing to the
regular Board of County Commissioners meeting on September 11, 2012. (Commissioner
Coletta)
Meeting Date: 6/12/2012
Prepared By
Name: MitchellIan
Title: Executive Manager, BCC
6/6/2012 9:37:52 AM
Submitted by
Title: Executive Manager, BCC
Name: MitchellIan
6/6/2012 9:37:54 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/6/2012 9:54:46 AM
Name: OchsLeo
Title: County Manager
Date: 6/6/2012 12:13:30 PM
Packet Page -415-
6/12/2012 Item 10.C.
RESOLUTION NO. 2012 —
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER
COUNTY SUPERVISOR OF ELECTIONS TO PLACE A STRAW
BALLOT REFERENDUM CONCERNING SUPPORT FOR THE
IMMOKALEE AREA MASTER PLAN ON THE AUGUST 14, 2012,
BALLOT FOR THE PRIMARY ELECTION.
WHEREAS, upon motion and a second at the June 12, 2012, regular meeting of the
Collier County Board of County Commissioners, the Board approved by affirmative vote that
placing a straw ballot referendum question concerning support for CP- 2009 -5, Petition
requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan
Future Land Use Map, on the August 14, 2012, ballot for the Primary Election; and
WHEREAS, Section 125.01(1)(y) of the Florida Statutes authorizes County
- - Commissioners to "place questions -or propositions -on the ballots at any primary election, general
election, or otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and governing body, so as to obtain an expression of elector
sentiment with respect to matters of substantial concern within the county;" and
WHEREAS, the ballot language for said straw ballot referendum needs to be adopted and
transmitted to the Collier County Supervisor of Elections; and
WHEREAS, the Board finds that it is lawful and in the public interest to call for the straw
ballot referendum and direct the Collier County Supervisor of Elections to take appropriate
action with respect to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section I. The Supervisor of Elections is hereby directed to include within the ballot for
the August 14, 2012, primary election the following straw ballot referendum language:
Packet Page -416-
6/12/2012 Item 10.C.
Straw Ballot Referendum on Immokalee Area Master Plan and Future Land Use Map.
DO YOU SUPPORT THE AMENDMENTS TO THE E\41\40KALEE 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
Section 2. The Supervisor of Elections shall provide any and all notices required by the
Florida Election Code in connection with placing this straw ballot on the August 14, 2012,
primary election ballot.
Section 3. The Board of County Commissioners hereby directs the Clerk of Court to
deliver, or cause to be delivered, a certified copy of this Resolution to the Supervisor of Elections
upon adoption and execution of this Resolution.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 12nd day of June, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
By: By: Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
Packet Page -417-
RESOLUTION NO. 2012 —
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER
COUNTY SUPERVISOR OF ELECTIONS TO PLACE A STRAW
BALLOT REFERENDUM CONCERNING SUPPORT FOR THE
IMMOKA.LEE AREA MASTER PLAN ON THE AUGUST 14, 2012,
BALLOT FOR THE PRIMARY ELECTION.
WHEREAS, upon motion and a second at the June 12, 2012, regular meeting of the
Collier County Board of County Commissioners, the Board approved by affirmative vote that
placing a straw ballot referendum question concerning support for CP- 2009 -5, Petition
requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan
Future Land Use Map, on the August 14, 2012, ballot for the Primary Election; and
WHEREAS, Section 125.01(1 xy) of the Florida Statutes authorizes County
Commissioners to "place questions or propositions on the ballots at any primary election, general
election, or otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and :governing i body, so as to obtain an expression of elector
sentiment with respect to matters of substantial concern within the county;" and
WHEREAS, the ballot language for said straw ballot referendum needs to be adopted and
transmitted to the Collier County Supervisor of Elections; and
WHEREAS, the Board finds that it is lawful and in the public interest to call for the straw
ballot referendum and direct the Collier County Supervisor of Elections to take appropriate
action with respect to this Resolution, including placing the proposed ballot referendum solely
before the voters located within the boundaries of the areas affected by the Immokalee Area
Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section I. The Supervisor of Elections is hereby directed to include within the ballot for
the August 14, 2012, primary election, solely to the voters located within the boundaries of the
areas affected by the Immokalee Area Master Plan as identified in Exhibit "A," the following
straw ballot referendum language:
Straw Ballot Referendum on Immokalee Area Master Plan and Future Land Use Map.
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
Section 2. The Supervisor of Elections shall provide any and all notices required by the
Florida Election Code in connection with placing this straw ballot on the August 14, 2012,
primary election ballot.
Section 3. The Board of County Commissioners hereby directs the Clerk of Court to
deliver, or cause to be delivered, a certified copy of this Resolution to the Supervisor of Elections
upon adoption and execution of this Resolution.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 12th day of June, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
By: By: Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
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