Backup Documents 07/10/2018 Item #17G 7-1 0-201 $
17G
AMENDING 84-37
ox I 1/
COLLIER COUNTY FLORIDA ,P�
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS �F_ -
To: Clerk to the Board: Please place the following as a:
(JI
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 21,2018
Petition No.(If none,give brief description): Amendment to Chapter 38
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)July 10,2018(ad to run no later than,
FRIDAY,June 29,2018)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location&Size:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.84-37,AS AMENDED,CODIFIED IN CHAPTER
38,CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY,OF THE CODE OF LAWS
AND ORDINANCES, PROVIDING FOR CURFEWS AND OTHER AUTHORIZED EMERGENCY MEASURES TO BE
ENACTED VIA RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee in ude advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500181468
Review i b
galum AB , ,
Divisiom'11 strator or Designee Date
•
1
List Attac , e Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A.
B. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
0 County Manager agenda file: to 0 Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONL
Date Received: (.0 ate of Public hearing: ° g Date AdvertisedLe
17
ORDINANCE NO.2018 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.84-
37, AS AMENDED,CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES,
ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE
CODE OF LAWS AND ORDINANCES,PROVIDING FOR CURFEWS AND
OTHER AUTHORIZED EMERGENCY MEASURES TO BE ENACTED
VIA RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 84-37 addressed the need to designate a
County Official to declare a local state of emergency(as defined in Chapter 252,Florida Statutes)
and authorize certain actions relating thereto when a quorum of the Board of County
Commissioners (Board)is unable to meet; and
WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting
Ordinance Nos.2001-45,2002-50,2007-49,2011-34,and 2017-38,which are codified in Chapter
38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and
Ordinances of Collier County,Florida; and
WHEREAS, this amendment is to direct that curfews and other authorized emergency
measures enacted pursuant to Section 38-68 shall be memorialized in writing by a Resolution
signed by the County Official authorized by Section 38-68 to enact such emergency measures
when a quorum of the Board is unable to meet;and
WHEREAS, the Board finds that the adoption of this amendment advances the
health,safety, and welfare of the residents of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Ordinance No.84-37,as amended,and as codified in Article III,Declaration
of State of Emergency, Section 38-68 Authorized Emergency Measures, of the Code of Laws and
Ordinances of Collier County,Florida, is hereby amended as follows:
Words Underlined are added;Words Shuck Through are deleted.
Page 1 of 5
7
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Section 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of
emergency pursuant to this Ordinance,the Chairman,or Vice-Chairman in his or her absence,and
in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of
seniority, or if two or more were appointed on the same date, then in alphabetical order among
them,and in the absence of any Commissioner;the County Manager,in the absence of the County
Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager
(collectively referred to as the "Authorized County Official"), may order and promulgate all or
any of the following emergency measures to be effective during the period of such emergency in
whole or in part, and with such limitation and conditions as he may deem appropriate to protect
the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives,
and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision of
designated,essential services,such as fire,police,emergency medical services and hospital
services, including the transportation of patients,utility emergency repairs and emergency
calls by physicians.
(3) Utilize all available resources of the County government as reasonably necessary to cope
with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be
cosigned by the County Attorney or his or her designee.
(4) Emergency management powers;political subdivisions.
a. To appropriate and expend funds;make contracts;obtain and distribute equipment,
materials,and supplies for emergency management purposes;provide for the health
and safety of persons and property, including emergency assistance to the victims
of any emergency;
b. To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel and other emergency
management workers.
(5) Declare certain areas off limits to all but emergency personnel.
(6) Make provisions for availability and use of temporary emergency housing and emergency
warehousing of materials.
(7) Establish emergency operating centers and shelters in addition to or in place of those
provided for in the County's emergency plan.
Words Underlined are added;Words Straek-Through are deleted.
Page 2 of 5
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(8) Declare that during an emergency it shall be unlawful and an offense against the County
for any person to use the fresh water supplied by the County, or local municipalities or
other entities for any purpose other than cooking,drinking or bathing.
(9) Declare that during an emergency it shall be unlawful and an offense against the County
for any person operating within the County to charge more than the normal average retail
price for any merchandise,goods or services sold during the emergency.The average retail
price as used herein is defined to be that price at which similar merchandise, goods or
services were being sold during the 30 days immediately preceding the emergency or at a
mark-up which is a larger percentage over wholesale cost than was being added to
wholesale cost prior to the emergency.
(10) Confiscate merchandise, equipment, vehicles or property needed to alleviate the
emergency, with the exception of emergency vehicles. Reimbursement shall be within 60
days and at customary value charged for the items during 90 days previous to the
emergency.
(11) Preceding or during the emergency,the Chairman,the Vice-Chairman,or in their absence,
the Manager, shall have the authority to request the National Guard or the Army, Coast
Guard, or other law enforcement divisions as necessary to assist in the mitigation of the
emergency or to help maintain law and order,rescue and traffic control.
(12) Further, the County has the power and authority to waive the procedures and formalities
otherwise required by law pertaining to:
a. Performance of public work and taking whatever prudent action is necessary to
ensure the health, safety,and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution,with or without compensation, of supplies,materials,
and facilities.
h. Appropriation and expenditure of public funds.
(13) Authorize the emergency purchase of radio, television, print or any other paper or
electronic media for the purposes of advertising residents of protective action
recommendations, recovery information and debris removal or disposal requirements or
any other pertinent information in support of public health or safety.
(14) Activate a statewide mutual-aid system. Any expenditure made in connection with
emergency activities, including mutual-aid activities, shall be deemed conclusively to be
for direct protection and benefit of the inhabitants and mitigate the potential for severe
environmental property damage of the County.
Words Underlined are added;Words are deleted.
Page 3 of 5
176-1-1
(15) Make a determination that:
a. There is a threat to public health and safety that may result from the generation of
widespread debris throughout the County;
b. Such debris constitutes a hazardous environment for all modes of movement and
transportation of the residents as well as emergency aid and relief services;
c. There is an endangerment to all properties in the County;
d. There is an environment conducive to breeding disease and vermin;
e. There is a greatly increased risk of fire;
f. It is in the public interest and safety to collect and remove disaster debris from all
property, whether public lands,public or private roads, and gated communities,to
eliminate an immediate threat to life, public health and safety to reduce the threat
of additional damage to improved property and to promote economic recovery of
the community at large.
(16) Authorize the County or its contracted agent(s)the right of access to private roads or gated
communities as needed for:
a. Emergency vehicles such as,but not limited to, fire,police and medical care.
b. Performance of damage assessment, emergency management, specialized search
and rescue teams.
c. Human services and victim relief.
d. Temporary emergency traffic controls or detour efforts.
e. Debris removal vehicles and equipment,utility equipment and sanitation efforts to
alleviate immediate threats to public health and safety.
(17) Authorize the removal of debris, wreckage or collapsed structures resulting from a major
disaster for a safe and sanitary living or functioning condition of the proximate
environment.
(18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction
with the Florida Fish and Wildlife Conservation Commission.
(19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction
with law enforcement of the city,county or state.
Any emergency measure which may require law or code enforcement of any kind shall be
memorialized as soon as reasonably practical by a Resolution signed by the Authorized County
Official who took such action, which Resolution shall upon execution have the same force and
effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as
Miscellaneous Correspondence at the next regular meeting of the Board of County Commissioners.
Words Underlined are added;Words are deleted.
Page 4 of 5
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SECTION TWO: CONFLICT AND SEVERABILITY
In the event that this Ordinance conflicts with any other ordinance of Collier County or
other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate,distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
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 this Ordinance may be renumbered or re-
lettered to accomplish such,and the word"ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL COLLIER COUNTY, FLORIDA
INTERIM CLERK
By: By:
,Deputy Clerk ANDY SOLIS, CHAIRMAN
Approve as t9 f, . and legality:
I1
b
lily
Jeffrey I i!fb`.w, County Attorney
Words Underlined are added;Words S ough are deleted.
Page 5 of 5
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Account #027354
June 22, 2018
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Ordinance Amending Ordinance 84-37
Dear Legals:
Please advertise the above referenced Legal Notice on Friday, June 29, 2018
and send the Affidavit of Publication with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500181468
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July
10, 2018, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami
Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance.
The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-37, AS AMENDED,
CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III,DECLARATION OF STATE
OF EMERGENCY,OF THE CODE OF LAWS AND ORDINANCES,PROVIDING FOR CURFEWS
AND OTHER AUTHORIZED EMERGENCY MEASURES TO BE ENACTED VIA RESOLUTION;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If recognized 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 or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,
located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
ANDY SOLIS,CHAIRMAN
CRYSTAL K.KINZEL,INTERIM CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
.i.
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, June 22, 2018 3:38 PM
To: Naples Daily News Legals
Subject: Amending Ordinance 84-37
Attachments: Amending 84-37 (BCC 7-10-2018).doc; Amending Ordinance 84-37.doc
Good Afternoon,
Please advertise tl'e attacked on
Friday, June 29, 2018.
Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustevnent Board
239-252-8406
1
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Ann P. Jennejohn
From: Legals@naplesnews.com
Sent: Friday, June 22, 2018 4:29 PM
To: Ann P. Jennejohn
Subject: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Attachments: OFFICEOFTH-93-2052215-1.pdf
Hi Ann,
Attached is the ad proof, please review and let us know if you have any questions.
We need an approval in order for the ad to run on the 1st date scheduled.
Deadline: 2pw For next day publication, except for Sunday/Monday publication, the deadline is 4pwt on
Friday.
Thank you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
Office: 23q.213.6061-
Legals@vtaplesKews.com
naplesnews.cowt
1
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> Ad Proof
,34apirs Battu
CWEt
Sales Rep:Mereida Cardenas(N9103) Phone: Email:
.-1111=111111=111 '—‘111111=11.111
Date:06/22/18 This is a proof of your ad scheduled to run on the dates indicated below.
Please confirm placement prior to deadline by contacting your account
Account Number:525058(N027354)
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at .
Ad Id:2052215 P.O.No.:4500181468 Total Cost:$362.95
Contact Name:
Email:Emilypepin@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/29/18 Stop Date:06/29/18
Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF PUBLIC HEARING interested parties are invited record of the proceedings is
NOTICE OF INTENT TO to attend and be heard. made, which record includes
CONSIDER AN ORDINANCE the testimony and evidence
NOTE: All persons wishing upon which the appeal is
Notice is hereby given that to speak on any agenda based.
a public hearing will be held item must register with the
by the Collier County Board County manager prior to If you are a person with a
of County Commissioners on presentation of the agenda disability who needs any
July 10, 2018, in the Board item to be addressed. accommodation in order to
of County Commissioners Individual speakers will be participate in this proceeding,
Meeting Room, Third Floor, limited to 3 minutes on any you are entitled,at no cost to
Collier Government Center, item. The selection of any you,to the provision of certain
3299 Tamiami Trail East, individual to speak on behalf assistance. Please contact
Naples FL., the Board of of an organization or group is the Collier County Facilities
County Commissioners (BCC) encouraged. If recognized by Management Division,located
will consider the enactment the Chairman,a spokesperson at 3335 Tamiami Trail East,
of a County Ordinance. The for a group or organization Suite 101, Naples, FL 34112-
meeting will commence at 9:00 may be allotted 10 minutes to 5356, (239) 252-8380, at least
A.M. The title of the propose speak on an item. two days prior to the meeting.
Oar finance is as follows: Assisted listening devices
Persons wishing to have for the hearing impaired
AN ORDINANCE AMENDING written or graphic materials are available in the Board of
COLLIER COUNTY ORDINANCE included in the Board agenda County Commissioners Office.
NO. 84-37, AS AMENDED, packets must submit said
CODIFIED IN CHAPTER 38, material a minimum of 3 BOARD OF COUNTY
CIVIL EMERGENCIES,ARTICLE weeks prior to the respective COMMISSIONERS
III, DECLARATION OF STATE public hearing. In any case, COLLIER COUNTY,FLORIDA
OF EMERGENCY,OF THE CODE written materials intended ANDY SOLIS,CHAIRMAN
OF LAWS AND ORDINANCES, to be considered by the
PROVIDING FOR CURFEWS Board shall be submitted CRYSTAL K. KINZEL, INTERIM
AND OTHER AUTHORIZED to the appropriate County CLERK
EMERGENCY MEASURES TO staff a minimum of seven By: Ann Jennejohn, Deputy
BE ENACTED VIA RESOLUTION; days prior to the public Clerk (SEAL)
PROVIDING FOR CONFLICT hearing. All materials used June 29,2018 No.2052215
AND SEVERABILITY; in presentations before
PROVIDING FOR INCLUSION the Board will become a
IN THE CODE OF LAWS AND permanent part of the record.
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE. Any person who decides to
appeal any decision of the
A copy of the proposed Board will need a record of
Ordinance is on file with the the proceedings pertaining
Clerk to the Board and is thereto and therefore, may
available for inspection. All need to ensure that a verbatim
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, June 22, 2018 4:31 PM
To: 'NeetVirginia'
Subject: FW: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Attachments: OFFICEOFTH-93-2052215-1.pdf
Please review For approval.
Thank you.
Ann Jevtvtejolnvt, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustewtent Board
2.39-252-840(0
Original Message
From: Legals@naplesnews.cowt <Legals@naplesnews.covn>
Sent: Friday, June 22, 2018 4:2q PM
To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.covn>
Subject: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Hi Ann,
Attached is the ad proof, please review and let us know if you have any questions.
We need an approval in order For the ad to run on the 1st date scheduled.
Deadline: 2pvn For next day publication, except for Sunday/Monday publication, the deadline is 4pvn on
Friday.
Thank you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
Office: 23(7.213.6061-
Legals@naplesiaews.com
naplesnews.cowt
17G
Ann P. Jennejohn
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Monday, June 25, 2018 10:18 AM
To: Ann P.Jennejohn
Subject: RE: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Approved. Should the Board vtot authorize this tomorrow, we will kill the ad.
Pinny
Original Message
From: Avtvt P. Jennejohn [mailto:Avtvt.Jevtvtejohvt@collierclerk.com]
Sevtt: Friday, Juvte 2.2, 2018 4:52 PM
To: NeetVirgivtia <Virgivtia.Neet@colliercouvttyfl.gov>
Subject: FW: For your approval Ad: 205221-5, NOTICE OF PUBLIC HEARING NOTICE OF I
Please review for approval.
Thavtk you.
Avtvt Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustemevtt Board
23q-252-8406
Original Message
From: Legals@vtaplesvtews.com <Legals@vtaplesvtews.com>
Sevtt: Friday, June 22, 201-8 4:2q PM
To: Avtvt P. Jennejohn <Avtvt.Jevtvtejohvt@collierclerk.com>
Subject: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Hi Avtvt,
Attached is the ad proof, please review and let us kvtow if you have any questions.
We vteed avt approval in order for the ad to ruvt on the 1st date scheduled.
Deadline: 2pm for vtext day publicatiovt, except for Suvtday/Movtday publicatiovt, the deadline is 4pm opt
Friday.
1
17G !
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday,June 25, 2018 10:19 AM
To: Naples Daily News Legals
Subject: RE: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Approved, thank you!
Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustevvtevtt Board
23,3-252-8406
Original Message
From: Legals@vtaplesnews.cow <Legals@naplesvtews.cow►>
Sevtt: Friday, June 22, 2018 4:29 PM
To: Ann P. Jenne john <Ann.Jennejohn@collierclerk.covvt>
Subject: For your approval Ad: 2052215, NOTICE OF PUBLIC HEARING NOTICE OF I
Hi Ann,
Attached is the ad proof, please review avtd let us know if you have any questions.
We need avt approval iv. order For the ad to ruvt ovt the 1st date scheduled.
Deadline: 2pwt For next day publication, except for Sunday/Monday publication, the deadline is 4pwt on
Friday.
Thank you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
Office: 23 9.213.(00(01
Legals@naplesnews.cowt
naplesnews.cowt
1
G
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that
a public hearing will be held
by the Collier County Board
of County Commissioners on
July 10, 2018, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East
Naples FL., the Board of
County Commissioners(BCC)
will consider the enactment
of a County Ordinance. The
meeting will commence at 9:00
A.M.The title of the propode
Ordinance is as follows:
AN ORDINANCE AMENDING
COLLIER COUNTY ORDINANCE
NO. 84-37, AS AMENDED,
CODIFIED IN CHAPTER 38,
CIVIL EMERGENCIES,ARTICLE
III, DECLARATION OF STATE
OF EMERGENCY,OF THE CODE
OF LAWS AND ORDINANCES,
PROVIDING FOR CURFEWS
AND OTHER AUTHORIZED
EMERGENCY MEASURES TO
BE ENACTED VIA RESOLUTION;
PROVIDING FOR CONFLICT
AND SEVERABILITY;
PROVIDING FOR INCLUSION r'o
IN THE CODE'OF LAWS AND
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE.
A Ordinancef hes nfileproposed co
with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard. u
W
NOTE: All persons wishing
to speak on any agenda
item must register with the >
County manager prior to
presentation of the agenda
item to be addressed.
Individual speakers will be u.
limited to 3 minutes on any o
item. The selection of any
individual to speak on behalf f
of an organization or group is
encouraged. If recognized by u
the Chairman,a spokesperson ui
for a group or organization
may be allotted 10 minutes to m
speak on an item. Z
Persons wishing to have m
written or graphic materials 0.
included in the Board agenda o
packets must submit said a
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended
to be considered by the
Board shall be submitted
to the appropriate County
staff a minimum of seven
days prior to the public
hearing. All materials used
in presentations before
the Board will become a
permanent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
accommodation in order to
participate in this proceeding,
you are entitled,at no cost to
you,to the provision of certain
assistance. Please contact
the Collier County Facilities
Mar"nement Division,located
at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-
5356,(239)252-8380,at least
two days prior to the meeting.
Assisted listening devices
for the hearing impaired
are available in the Guard of
County Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
ANDY SOLIS,CHAIRMAN
CRYSTAL K. KINZEL, INTERIM
CLERK
By: Ann Jennejahn, Deputy
Clerk (SEAL)
June 29,2018 No.2052215
1 7 G
aptci DIaiI rws
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she
serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County,
Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in
said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
OFFICE OF THE COUNTY ATTORNEY 2052215 NOTICE OF PUBLIC HEA 4500181468
Pub Dates
June 29,2018
cdtt
(Sign ture of affiant)
,,:•;;;;;'' KAROLEKANGAS I
Sworn to and subscribed before me 4 '• 1 N o9 lGGl
%' My Comm.EcIns1u129,2021
This June 29,2018 2L_ ,,,d,m eowi„aw,amsainwwwwwwwwwwwwwwwrima
a rl"co
(Signature of affiant)
17G
NOTICE OF PUBLIC HEARING disability who needs any
NOTICE OF INTENT TO accommodation in order to
CONSIDER AN ORDINANCE participate in this proceeding,
you are entitled,at no cost to
Notice is hereby given that you,to the provision of certain
a public hearing will be held assistance. Please contact
by the Collier County Board the Collier County Facilities
of County Commissioners on Management Division,located
July 10, 2018, in the Board at 3335 Tamiami Trail East,
of County Commissioners Suite 101, Naples, FL 34112-
Meeting Room, Third Floor, 5356, (239) 252-8380, at least
Collier Government Center, two days prior to the meeting.
3299 Tamiami Trail East, Assisted listening devices
Naples FL., the Board of for the hearing impaired
County Commissioners(BCC) are available in the Board of
will consider the enactment County Commissioners Office.
of a County Ordinance. The
meeting will commence at 9:00 BOARD OF COUNTY
A.M. The title of the proposed COMMISSIONERS
Ordinance is as follows: COLLIER COUNTY,FLORIDA
ANDY SOLIS,CHAIRMAN
AN ORDINANCE AMENDING
COLLIER COUNTY ORDINANCE CRYSTAL K. KINZEL, INTERIM
NO. 84-37, AS AMENDED, CLERK
CODIFIED IN CHAPTER 38, By: Ann Jennejohn, Deputy
CIVIL EMERGENCIES,ARTICLE Clerk (SEAL)
III, DECLARATION OF STATE June 29,2018 No.2052215
OF EMERGENCY,OF THE CODE
OF LAWS AND ORDINANCES,
PROVIDING FOR CURFEWS
AND OTHER AUTHORIZED
EMERGENCY MEASURES TO
BE ENACTED VIA RESOLUTION;
PROVIDING FOR CONFLICT
AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any agenda
item must register with the
County manager prior to
presentation of the agenda
item to be addressed.
Individual speakers will be
limited to 3 minutes on any
item. The selection of any
individual to speak on behalf
of an organization or group is
encouraged. If recognized 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 or graphic materials
included in the Board agenda
packets must submit said
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended
to be considered by the
Board shall be submitted
to the appropriate County
staff a minimum of seven
days prior to the public
hearing. All materials used
in presentations before
the Board will become a
permanent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 7/10/18
4. BCC Office Board of County
Commissioners ��J
5. Minutes and Records Clerk of Court's Office
rte- -1(I it((eV 4kliffil
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400
Contact/Department /
Agenda Date Item was 7/10/18 l/ Agenda Item Number 17-G /
Approved by the BCC
Type of Document Ordinance—State of Emergency Ordinance Number of Original One
Attached ods—31 Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee
within a certain time frame or the BCC's actions are nullified. Be aware of your
deadlines!
8. The document was approved by the BCC on 7/10/18 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. i s line
9. Initials of attorney verifying that the attached document is the version approved l %he ebt
BCC, all changes directed by the BCC have been made,and the document is ready forthV.4-:,16746„r
Chairman's signature.
[04-COA-01081/1344830/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revise• 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 7 G
MEMORANDUM
Date: July 13, 2018
Cc: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2018-37: State of Emergency Ordinance
Attached is a scanned copy of the document as referenced above, (Item #17G) approved
by the Board of County Commissioners on Tuesday, July 10, 2018.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1 ) G
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Thursday,July 12, 2018 9:23 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL Ordinance 2018-0037
Attachments: CLL20180710_Ordinance2018_0037.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
MINUTES& RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER
ORDINANCE NUMBER: 2018-0037
Teresa Cannon, BMR Senior Clerk II
Minutes & Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
1 7 G
ORDINANCE NO.2018- 3 7
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.84-
37, AS AMENDED, CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES,
ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE
CODE OF LAWS AND ORDINANCES,PROVIDING FOR CURFEWS AND
OTHER AUTHORIZED EMERGENCY MEASURES TO BE ENACTED
VIA RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 84-37 addressed the need to designate a
County Official to declare a local state of emergency(as defined in Chapter 252, Florida Statutes)
and authorize certain actions relating thereto when a quorum of the Board of County
Commissioners (Board) is unable to meet; and
WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting
Ordinance Nos. 2001-45, 2002-50,2007-49,2011-34,and 2017-38,which are codified in Chapter
38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and
Ordinances of Collier County,Florida; and
WHEREAS, this amendment is to direct that curfews and other authorized emergency
measures enacted pursuant to Section 38-68 shall be memorialized in writing by a Resolution
signed by the County Official authorized by Section 38-68 to enact such emergency measures
when a quorum of the Board is unable to meet; and
WHEREAS, the Board finds that the adoption of this amendment advances the
health, safety, and welfare of the residents of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Ordinance No. 84-37,as amended,and as codified in Article III,Declaration
of State of Emergency, Section 38-68 Authorized Emergency Measures, of the Code of Laws and
Ordinances of Collier County, Florida, is hereby amended as follows:
Words Underlined are added;Words SIraslk-Thfough are deleted.
Page 1 of 5
17G
Section 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of
emergency pursuant to this Ordinance,the Chairman,or Vice-Chairman in his or her absence,and
in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of
seniority, or if two or more were appointed on the same date, then in alphabetical order among
them,and in the absence of any Commissioner;the County Manager,in the absence of the County
Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager
(collectively referred to as the "Authorized County Official"), may order and promulgate all or
any of the following emergency measures to be effective during the period of such emergency in
whole or in part, and with such limitation and conditions as he may deem appropriate to protect
the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives,
and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision of
designated,essential services,such as fire,police,emergency medical services and hospital
services, including the transportation of patients, utility emergency repairs and emergency
calls by physicians.
(3) Utilize all available resources of the County government as reasonably necessary to cope
with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be
cosigned by the County Attorney or his or her designee.
(4) Emergency management powers; political subdivisions.
a. To appropriate and expend funds;make contracts;obtain and distribute equipment,
materials,and supplies for emergency management purposes;provide for the health
and safety of persons and property, including emergency assistance to the victims
of any emergency;
b. To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel and other emergency
management workers.
(5) Declare certain areas off limits to all but emergency personnel.
(6) Make provisions for availability and use of temporary emergency housing and emergency
warehousing of materials.
(7) Establish emergency operating centers and shelters in addition to or in place of those
provided for in the County's emergency plan.
Words Underlined are added;Words Struck Through are deleted.
Page 2 of 5
1 7 G
(8) Declare that during an emergency it shall be unlawful and an offense against the County
for any person to use the fresh water supplied by the County, or local municipalities or
other entities for any purpose other than cooking, drinking or bathing.
(9) Declare that during an emergency it shall be unlawful and an offense against the County
for any person operating within the County to charge more than the normal average retail
price for any merchandise,goods or services sold during the emergency.The average retail
price as used herein is defined to be that price at which similar merchandise, goods or
services were being sold during the 30 days immediately preceding the emergency or at a
mark-up which is a larger percentage over wholesale cost than was being added to
wholesale cost prior to the emergency.
(10) Confiscate merchandise, equipment, vehicles or property needed to alleviate the
emergency, with the exception of emergency vehicles. Reimbursement shall be within 60
days and at customary value charged for the items during 90 days previous to the
emergency.
(11) Preceding or during the emergency,the Chairman,the Vice-Chairman,or in their absence,
the Manager, shall have the authority to request the National Guard or the Army, Coast
Guard, or other law enforcement divisions as necessary to assist in the mitigation of the
emergency or to help maintain law and order, rescue and traffic control.
(12) Further, the County has the power and authority to waive the procedures and formalities
otherwise required by law pertaining to:
a. Performance of public work and taking whatever prudent action is necessary to
ensure the health, safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution,with or without compensation, of supplies,materials,
and facilities.
h. Appropriation and expenditure of public funds.
(13) Authorize the emergency purchase of radio, television, print or any other paper or
electronic media for the purposes of advertising residents of protective action
recommendations, recovery information and debris removal or disposal requirements or
any other pertinent information in support of public health or safety.
(14) Activate a statewide mutual-aid system. Any expenditure made in connection with
emergency activities, including mutual-aid activities, shall be deemed conclusively to be
for direct protection and benefit of the inhabitants and mitigate the potential for severe
environmental property damage of the County.
Words Underlined are added;Words Struck-Through are deleted.
Page 3 of 5
1 7 G
(15) Make a determination that:
a. There is a threat to public health and safety that may result from the generation of
widespread debris throughout the County;
b. Such debris constitutes a hazardous environment for all modes of movement and
transportation of the residents as well as emergency aid and relief services;
c. There is an endangerment to all properties in the County;
d. There is an environment conducive to breeding disease and vermin;
e. There is a greatly increased risk of fire;
f. It is in the public interest and safety to collect and remove disaster debris from all
property, whether public lands,public or private roads, and gated communities, to
eliminate an immediate threat to life, public health and safety to reduce the threat
of additional damage to improved property and to promote economic recovery of
the community at large.
(16) Authorize the County or its contracted agent(s)the right of access to private roads or gated
communities as needed for:
a. Emergency vehicles such as, but not limited to, fire,police and medical care.
b. Performance of damage assessment, emergency management, specialized search
and rescue teams.
c. Human services and victim relief.
d. Temporary emergency traffic controls or detour efforts.
e. Debris removal vehicles and equipment,utility equipment and sanitation efforts to
alleviate immediate threats to public health and safety.
(17) Authorize the removal of debris, wreckage or collapsed structures resulting from a major
disaster for a safe and sanitary living or functioning condition of the proximate
environment.
(18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction
with the Florida Fish and Wildlife Conservation Commission.
(19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction
with law enforcement of the city, county or state.
Any emergency measure which may require law or code enforcement of any kind shall be
memorialized as soon as reasonably practical by a Resolution signed by the Authorized County
Official who took such action, which Resolution shall upon execution have the same force and
effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as
Miscellaneous Correspondence at the next regular meeting of the Board of County Commissioners.
Words Underlined are added;Words Staelchrough are deleted.
Page 4 of 5
1 7 G
SECTION TWO: CONFLICT AND SEVERABILITY
In the event that this Ordinance conflicts with any other ordinance of Collier County or
other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
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 this Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this'c 41, day of , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL COLLIER C 0 TY, FLORID'
INTERIM CLERK
/P/
.
t I' ' 1
lr c-puty Clerk ANDY SOLIS, CHAIRMAN
signature only.,
Approve as t4,f, and legality:
iirpiThis ordinance filed with the
�►� ' Secretary� ' of State's Office the
Jeffrey A. ah' .w, County Attorney -tom4tClay of (.
and acknowledgemerlt,cit acthat
film re eived this day
of
Y
rifDUfY Clerk
Words Underlined are added;Words Struck-111trough are deleted.
Page 5 of 5
17G
{
FT "ry
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-37, which was filed in this office on July 12, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/1b
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us