Agenda 06/14/2011 Item #17G
Agenda Changes
Board of County Commissioners Meeting
June 14, 2011
Withdraw Item 16B2: A Resolution by the Board of County Commissioners of Collier County,
Florida, designating the parcels of land depicted in the attached Exhibits A-G associated with the
Immokalee Enterprise Zone as a Brownfield Area of Collier County for the purpose of economic
development and environmental rehabilitation; authorizing the County Manager or his designee to
notify the Department of Environmental Protection of said designation; and providing for an
effective date. (Staff's request - wasn't advertised)
Move Item 16Cl to Item 101: Recommendation to reject all quotes for Lift Station 103.01
Rehabilitation Project and re-quote Project 70046. (Commissioner Fiala's request)
Move Item 16K4 to Item 16F5: Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for approving the Special
Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay
Municipal Service Taxing and Benefit Unit. (Staff request - under County Attorney Report in error)
Move Item 17 A to Item 8A: This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. PUDZ-2007-AR-12292: Cope Reserve RPUD -- An ordinance amending Ordinance
Number 2004-41, the Collier County Land Development Code, which includes the comprehensive
zoning regulations for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps; by changing the zoning classification of the herein described
real property from the Estates (E) Zoning District to the Residential Planned Unit Development
(RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project
proposes a total of 43 single-family detached dwelling units in Section 8, Township 50 South, Range
26 East, Collier County, Florida, consisting of 14.3::!: acres; and by providing an effective date.
(Commissioner Fiala's request)
CONTINUED INDEFINTEL Y DURING AGENDA CHANGES
Move Item 17G to 8B: Recommendation to adopt an ordinance amending Chapter 49 ofthe
Collier County Code of Laws and Ordinances, relating to economic development, which will
establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain
requirements in existing economic development ordinances and programs, and (2) when there is an
application seeking grants and/or other incentives which fall outside existing economic development
ordinances and programs. (Commissioner Hiller's request)
Note:
Item 10C: Recommendation to award a construction contract in the amount of $25,935,470.53
$24,905,238.93 to Astaldi Construction Corporation and reserve $3,315,000.00 on the purchase
order for funding allowances, for a total of $28,220,238.93 for ITB No. 10-5342 - "SR 84 (Davis
Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection improvements; Collier Blvd
(SR/CR 951) North to Magnolia Pond Drive; and CR 951 North to the E Golden Gate Canal",
Project No. 60073 and Project No. 60092. (Staff's request - typographical error in dollar amount)
Item 16D5: Recommendation to approve and authorize the Chairman to sign an amendment to the
2010 Community Development Block Grant (CDBG) Sub recipient Agreement with the Community
Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item 16D6) (Item 16D3).
This amendment will correct a scrivener's error and revise the scope of services on the original
agreement to include travel costs. The scope revision will not increase the previously awarded
grant total. (Commissioner Henning's request)
Item 16E2: There was a page omitted from the back up documents on the monthly change order
report. "Under item 6 of the change order report, the cost ofthe added service is 17 cents per
member (employee or dependent) per month". (Staff's request)
Time Certain Items for Tuesday, June 14:
Item 9B to be heard at 9:45 a.m.
Item 9C to be heard immediately following Item 9B
Item 9F to be heard at 1:05 p.m.
Item lOB to be heard at 10:45 a.m.
Item 10F to be heard at 2:00 p.m.
Item llA to be heard at 12:00 noon-Closed Session
Item llB to be heard at 1 :00 p.m.
Time Certain Items for Wednesday, June 15:
Item 10D to be heard at 10:00 a.m.
Item 10E to be heard at 9:00 a.m.
6/14/2011 9:46 AM
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6/14/2011 Item 17.G.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Chapter 49 of the Collier County Code of
Laws and Ordinances, relating to economic development, which will establish additional
criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in
existing economic development ordinances and programs, and (2) when there is an
application seeking grants and/or other incentives which fall outside existing economic
development ordinances and programs.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) approval of an
ordinance amending Chapter 49 of the Code of Laws and Ordinances in order to establish
additional criteria and provide flexibility in awarding grants and other economic incentives in
addition to the eligibility criteria set forth in each incentive program.
CONSIDERATIONS: Chapter 49 of the Code of Laws and Ordinances is a ~'toolbox" of
economic incentive programs intended to promote and foster economic diversification through the
retention of high wage jobs in targeted industry clusters. The first of these programs was the Job
Creation Investment Program. Subsequently, the Board established the Fee Payment Assistance
Program, the Property Tax Stimulus Program, an Advanced Broadband Infrastructure Investment
Program, a Job Retention Investment Program, and a mechanism to create Innovation Zones.
Some of these programs have been amended from time-to-time.
At its May 10, 2011 regular meeting (Item 10-C), the Board considered an Economic Development
Council request to waive the minimum job creation and wage requirement for a business locating
in western Collier County (Collier Scrap Metal Recycling, Inc.). At the end of this discussion, the
Board directed the County Attorney to draft an amending ordinance to allow the Board, upon the
finding of good cause shown, to waive some or all of the requirements set forth in the programs
codified in Chapter 49. It is the opinion of the County Attorney that established criteria would
help the Board in making such a detennination, and lessen the risk that the Board's decision could
be challenged as arbitrary or capricious.
When drafting tIns amendment, it became clear that the same criteria that could be utilized when
the Board is asked to lessen or waive requirements in existing economic development programs
could also be utilized if the Board is asked to consider awarding a grant or other incentives which
fall outside existing programs.
The proposed amendment, which creates new Sections 49-10, 49-11, 49-12, and 49-13 to the Code
of Laws and Ordinances of Collier County, was brought to the Board for review at its May 24,
2011 regular meeting (Item l1-A). Discussion points included (1) adding a provision that ensures
the County is not to provide incentives unless the company achieves the goals for which incentives
are offered (offered by Commissioner Coyle), (2) assurances that the Board be infonned of the
applicant's bottom end and top end ofthe proposed pay scale and assurances that the applicant will
provide healthcare to its employees (offered by Commissioner Fiala), and (3) concerns that any
award be subject to funding availability for each fiscal year so as to not tie the hands of future
Boards (offered by Commissioner Hiller). These concerns have been addressed in the proposed
ordinance, which the Board directed be advertised and brought back for possible adoption. As
an1ended, the proposed ordinance reads as follows:
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6/14/20.11 Item 17.G.
ARTICLE I. IN GENERAL
Section 49~ 10 Economic Development - Purpose.
It is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, the Board from time-to~
time will enact ordinances designed to encourage private sector investing within Collier County
which results in increased employment opportunities for Collier County residents. Such
ordinances are in addition to all powers the Board enjoys under its Home Rule powers under the
Florida Constitution and as set forth in Florida Statutes Sec. 125,045 (County economic
development powers), as may be amended from time~to~time by the State Legislature.
Section 49-11 Criteria in Awarding Grants and other Incentives
In addition to the Eligibility Criteria set forth in each program, the Board may also consider
the following criteria in its review:
a. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
c. The expected number of employees who will reside in the County;
d. The average wage of the jobs to be created and retained, both considering executive
compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective employees;
f. The projected capital investment of the project, including land, building and equipment;
g. The projected completion date for the project. If the project is to be completed in
phases, then the dates. of such phases and the number of jobs projected to commence
with each phase;
h. The environmental impact of the proposed business;
1. The impact that the proposed business would have on existing businesses and
employment within Collier County;
J. Whether the proposed business will utilize local sources of supply;
k. Whether the proposed business is expected to employ current County residents;
1. Whether the proposed business is expected to attract other employers to Collier County;
m. The current economic climate of the County, including the unemployment rate and
housing vacancy rate;
n. Whether the proposed relocation or expansion would occur without the award;
o. Whether the proposed business can be serviced by existing mass transit;
p. The impact to County government revenues projected by the business and by the
increase in employment;
q. The impact to County government costs in providing services and infrastructure to the
proposed business and projected employment; and
r. Other such factors that the Board may deem relevant in evaluating the merits of the
application.
The Board may consider applications for grants and other economic development
incentives that do not fall within existing ordinances and programs. Such applications will be
evaluated utilizing the criteria set forth above.
Section 49-12 Waiver.
With respect to all economic development ordinances previously enacted by the Board of
County Commissioners, which are codified in Chapter 49 of the Collier County Code of Laws and
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6/14/2011 Item 17.G.
Ordinances, and unless otherwise set forth to the contrary, with respect to all economic
development ordinances to be enacted hereafter, such ordinances and the programs set forth
therein are to be liberally construed, and that upon a finding of good cause, and utilizing the
criteria set forth in Section 49-11, the Board may lessen or waive any requirements set forth in
such ordinances and the programs set forth therein.
Section 49-13 Agreement
Upon approval of an application for Economic Development assistance, a proposed
agreement between the County and the applicant shall be prepared by the County Attorney for
Board review during a regular meeting of the Board. The agreement shall be consistent with the
underlying ordinance or program, if any, and shall, at a minimum, provide for the following:
1. A schedule of the payments or other incentives to be made by the County, which must
be predicated upon a defined performance schedule or criteria to be met by the
applicant.
2. An annual examination and audit of compliance performed by the County or an
independent auditor to detennine compliance with, and performance under, the
agreement. If the Board finds, on the basis of substantial competent evidence, that there
has been a failure to comply with the terms of the agreement, the agreement may be
revoked or modified by the County.
3. If applicable, a provision providing that the award is subject to funding availability for
each fiscal year.
4. Recording of the agreement in the official records within 14 days after the County
enters into the agreement, with all costs of recording to be paid by the applicant.
FISCAL IMPACT: Advertising costs were $264.54.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance amending Chapter 49 of the Code of Laws and Ordinances in order to establish
additional criteria and provide flexibility in awarding grants and other economic incentives in
addition to the eligibility criteria set forth in each incentive program.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
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6/14/2011 Item 17.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G.
Item Summary: Recommendation to adopt an ordinance amending Chapter 49 of the
Collier County Code of Laws and Ordinances, relating to economic development, which will
establish additional criteria to be evaluated (1) when there is a request to lessen or waive
certain requirements in existing economic development ordinances and programs, and (2)
when there is an application seeking grants and/or other incentives which fall outside existing
economic development ordinances and programs.
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
6/1/2011 3:17:50 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 611/2011 3:36:54 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/1/2011 4:02:46 PM
Name: OchsLeo
Title: County Manager
Date: 6/512011 3 :21 :22 PM
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6/14/2011 Item 17.G.
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ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I OF CHAPTER
49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
BY PROVIDING FOR AN OVERALL PURPOSE FOR ECONOMIC
DEVELOPMENT ORDINANCES ENACTED BY THE BOARD;
PROVIDING THAT SUCH ORDINANCES ARE IN ADDITION TO ANY
AND ALL ECONOMIC DEVELOPMENT POWERS THE BOARD MAY
OTHERWISE EXERCISE UNDER LAW; PROVIDING THAT SUCH
ORDINANCES ARE TO BE LIBERALLY CONSTRUED, AND UPON A
FINDING OF GOOD CAUSE THE BOARD MAY WAIVE ANY AND ALL
REQUIREMENTS SET FORTH IN ECONOMIC DEVELOPMENT
ORDINANCES AND THE PROGRAMS SET FORTH THEREIN;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based upon a legislative finding that the Collier County's historical
dependence upon tourism, agriculture and construction are susceptible to economic cycles and
downturns in the economy, on March 12, 2003, the Board of County Commissioners directed
. staff to move forward with proposals for a "toolbox" to promote and foster economic
diversification through the retention of high wage jobs in targeted industry clusters; and
WHEREAS, in keeping with this direction, staff brought forward various proposals, and
the Board enacted Ordinance 2003-63, which amended the Collier County Code of Laws and
Ordinances by creating new Chapter 49 - Economic Development, with the first of these
programs, the Job Creation Investment Program; and
WHEREAS, the Board added additional programs to this Chapter 49 "toolbox," which
include the Fee Payment Assistance Program enacted by Ordinance 2003-61; a Property Tax
Stimulus Program enacted by Ordinance 2003-62; an Advanced Broadband Infrastructure
Investment Program enacted by Ordinance No. 2005-56; a Job Retention Investment Program
enacted by Ordinance 2008-16; and a mechanism to create Innovation Zones as set forth in
Ordinance 2010-20, some of which programs have been amended from time-to-time; and
WHEREAS, the Board wishes to make clear that these programs are in addition to all
powers the Board enjoys under its Home Rule powers under the Florida Constitution and as set
forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be
. amended from time-to-time by the State Legislature; that these programs are to be liberally
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6/14/2011 Item 17.G.
construdd, and that the Board, upon the finding of good cause shown, may waive some or all of .
the req4irements set forth in the Ordinances and the Programs codified in ~hapter 49 of the
Collier County Code of Laws and Ordinances.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMM~SSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County hereby adopts an Ordinance that amends Chapter 49 of the
Collier ~ounty Code of Laws and Ordinances by adding the following new provisions:
ARTICLE 1. IN GENERAL
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Section ~9-1 0 Economic Development - Purpose.
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~t is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, the Board from time-
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to-time iwill enact ordinances designed to encourage private sector investing within Collier
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County !which results in increased employment opportunities for Collier County residents. Such
,
ordinances are in addition to all powers the Board enjoys under its Home Rule powers under the
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Florida i Constitution and as set forth in Florida Statutes Sec. 125.045 (County economic
,
develop~ent powers), as may be amended from time-to-time by the State Legislature.
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Section 149-11 Criteria in Awarding Grants and other Incentives
;
in addition to the Eligibility Criteria set forth in each program, the Board may also
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considet the following criteria in its review:
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~. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
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C. The expected number of employees who will reside in the County;
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d. The average wage of the jobs to be created and retained, both considering executive
compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective
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I employees;
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f. The projected capital investment of the project, including land, building and
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! equipment;
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6/14/2011 Item 17.G.
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g. The projected completion date for the project. If the project is to be completed in
phases, then the dates of such phases and the number of jobs projected to commence
with each phase;
h. The environmental impact of the proposed business;
1. The impact that the proposed business would have on existing businesses and
employment within Collier County;
J. Whether the proposed business will utilize local sources of supply;
k. \Vhether the proposed business is expected to employ current County residents;
1. Whether the proposed business is expected to attract other employers to Collier
County;
m. The current economic climate of the County, including the unemployment rate and
housing vacancy rate;
n. Whether the proposed relocation or expansion would occur without the award;
o. Whether the proposed business can be serviced by existing mass transit;
p. The impact to County government revenues projected by the business and by the
increase in employment;
q, The impact to County government costs in providing services and infrastructure to the
proposed business and projected employment; and
r. Other such factors that the Board may deem relevant in evaluating the merits of the
application.
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The Board may consider applications for grants and other economIC development
incentives that do not fall within existing ordinances and programs. Such applications will be
evaluated utilizing the criteria set forth above.
Section 49-12 Waiver.
With respect to all economic development ordinances previously enacted by the Board of
County Commissioners, which are codified in Chapter 49 of the Collier County Code of Laws
and Ordinances, and unless otherwise set forth to the contrary, with respect to all economic
development ordinarices to be enacted hereafter, such ordinances and the programs set forth
. therein are to be liberally construed, and that upon a fmding of good cause, and utilizing the
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6/14/2011 Item 17.G.
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criteria fet forth in Section 49-11, the Board may lessen or waive any requirements set forth in .
such ordinances and the programs set forth therein.
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Section :49-13 Agreement
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Vpon approval of an application for Economic Development assistance, a proposed
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agreement between the County and the applicant shall be prepared by the County Attorney for
Board r~view during a regular meeting of the Board. The agreement shall be consistent with the
underlytng ordinance or program, if any, and shall, at a minimum, provide for the following:
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1. A schedule of the payments or other incentives to be made by the County, which must
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! be predicated upon a defined performance schedule or criteria to be met by the
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i applicant.
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~. An annual examination and audit of compliance performed by the County or an
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I independent auditor to determine compliance with, and performance under, the
agreement. If the Board fmds, on the basis of substantial competent evidence, that
there has been a failure to comply with the terms of the agreement, the agreement
may be revoked or modified by the County,
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E. If applicable, a provision providing that the award is subject to funding availability
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I for each fiscal year.
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~. Recording of the agreement in the official records within 14 days after the County
I enters into the agreement, with all costs of recording to be paid by the applicant.
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SECTION TWO: CONFLICT AND SEVERABILITY.
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~n the event this Ordinance conflicts with any other ordinance of Collier County or other
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applicaple law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid pr unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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separat~, distinct and independent provision and such holding shall not affect the validity of the
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remaini;ng portion.
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6/14/2011 Item 17.G.
. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFVEcTlVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, ~lorida, this _day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Ap rav d s to form
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J eft y i tIa1zkow
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18D . 'Friday, June 3,2~1~ · Naples Dailr News
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NOTICE
NOll~E
, '
" NOTICE OF INTE~T~.o CONSIDER ORDI~~~CE, " ' . :
Notice is hereby given that ,~n '(uesday, June 14, 2(}1'1, in the. iioa:rdroo~~ 3~dflc:;or;
Administration Building, Collier COUhty Government 'Center; 3299 'East 'Tamiami '
Trail, Naples" Florida, tl1e, Board of County' Commissioners, will; 'consider the :eriact-,
ment of a County Ordinance. . The meeting 'will commence at 9:00 A.M. The titre'of
.the proposed Orcfinance'is as fol~ows:, ' " , 'v' ," " " .,' ,"',' .", '
- ,". .. . .' . '. ,..
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS oF. COLLIER COUN-
TY, 'FLORIDA, AMENDING ARTICLE I OF CHAPTER 49' OF THE' COLUER COUNTY
CODE O~ LAWS AND ORDINANCES"BY PROVIDING FOR AN OVERAUL PURPOSE FOR
ECONOMIC DEVELOPMENT ORDINANCES ENACTED 'BY THE BOARD; PROVIDING
THAT SUCH ORDINANCES ARE IN ADDITION TO ANY AND ALL' ECONOMIC DEVEL-
OPMENT' POWERS THE BOARD MAY OTHERWISE EXEROSE UNDER. LAW; PROVID-
ING THAT SUCH ORDINANCES ARE TO ,BE LIBERALLY-CONSTRUED,' AND UPON A
FINDING OF GOOD CAusE ,SHOWN . FOR A WAIVER OF ANY AND ALL REQUIRE~',
MENTS 'SET FORTH IN ECONOMIC DEVELOPMENT ORDJNANCES' AND: THE' P-RO.
GRAMS SET FORTH THEREIN; PROVIDING FOR CONFLICT AND ,SEVERABIl.fTY; 'PRO- .
VIDING"FOR INCl:.USION IN T.HE CODE OF LAWS ,ANI;> ORDINANCES; AND PROVlD~
INGFORANEFFECTlVEDATE. ,'.. ,,' "
Copies of the proposed Ordinance, ~re on file with the Clerk to the Board and are
availab,le for. inspection. All interested parties ar~ in~it~d to attend ,and be heard. ,
NOTE: All persons wishing to speak on any agenda item must register with the
County, administrator prior to, presentation of the agenda item to be i!ddre.ssed.
Individual speakers will, be limited to 3 minutes on any item. -The-selection of an in-
dividual to speak on behalf of an organization or group is encouraged,' If'recog;"
nized by the Chairman. a spokesperson for a group or organization may be, allotted '
10 minutes to speak on an item. , .'..', '," '. ',:',..
. . . . ....... . . ' . . .;. ..::::. - -. '. . ~ :. ~ .'
'Persons wishing to have written 'ot'graphic materials inciuded'ln. the"l!oard agendct.
pack~ mLi~ submit said materi~1 ,a minin:t~m ,~t r,week!;prio( to ~h~. ;(espe~iye::'
public hearing. In any case, written' materrals' .Intended to 'be;~onsldered by,th!!-,.
. Board shall be submitted to the appropriate County staffa,minirrium of seven ~ays; ,
.prior to' the public hearing. All ,material used, in p'r~entationsbeforl! ,the, B,oard,::
will become a permanent. part ofthe record. " ' ' , ','" , " .....
" - . '. ~. .' '. .", .' -
Any person who decides to appeal a decision of the Board wilt' need a'record of the
proceedings pertaining thereto and therefore, may I')eed to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evi-
denc~ ,~pon whi~ the appeal .is ba~ed, " . , ." ' ,
If yo~ area person with a dis~bility: wh~ needs any accommod~tiori in order to par- ,
ticlpate in this proceedirig, you are entitled, at no, cost to YOll, to the provision ,of' ,..
, _certain assistance. Please contact the Collier County Facilities Mi!nagement Depart-' '
, ment;located..at 3335 Tamiami Trail East, 'Suite '101, Building W, Naples; FlOrida ,.:.
34112, (239) 252-8380. Assisted listening devices forthe'hearing:;jmpaired are ,avaiJ-, ':';"
able in the County Commission!!rs~ Office. ' ' "
,BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Ann Jennejohn, Deputy Oerk
(SEAL) . '
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" --:
Junp 3 :;/0'11" , '
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; No19Q~773 '
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6/14/2011 Item 17.G.
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