Backup Documents 10/13/2009 Item # 8BCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: September 30, 2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
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.) October 13, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY October 2, 2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ''
SECTION FIVE (`PENALTIES ") OF ORDINANCE 4 . ':AE COLLIER COUNTY INTERSECT A
ORDINANCE, IN ORDER TO CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT VIOLATIONS;
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 Petit n F e include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
001 - 100510 - 649100
Reviewed
ldllj�
Division 41infilr or Designee Date
List
Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. 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:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE U
1 ._
Date Receive Date of Public hearing: X ll�Date Advertised: (
• e
• I
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE
( "PENALTIES ") OF ORDINANCE NO. 2008 -22, THE COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE, IN ORDER TO
CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 2008, the Board of County Commissioners adopted Ordinance
No. 2008 -22, the Collier County Intersection Safety Ordinance, to facilitate the use of unmanned
cameras to encourage vehicle owners to obey traffic control devices and entrust their vehicles
only to responsible drivers; and
WHEREAS, the Board of County Commissioners desires to amend Section Five, entitled
"Penalties," of Ordinance 2008 -22 so as to establish a tiered civil fine structure that reflects
initial and subsequent violations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2008-22.
Section Five is hereby amended to read as follows:
SECTION FIVE. PENALTIES.
(a) Civil fine; costs, Each Section Three violation, above, issued pursuant to this Article
shall be a civil, noncriminal ordinance violation for which a one hundred �wemy five dellaf
(Q0) civil fine in the amount of sixty -two and 501100 dollars ($62.50) shall be assessed
against the vehicle's owner for eaeh vielati the first violation a civil fine in the amount one
hundred twenty -five dollars ($125.00) shall be assessed for the second violation within any five-
year period and a two hundred fifty dollar ($250.00) civil fine shall be assessed for the third and
any subsequent violation by the vehicle's owner within any five -year period. The civil fine must
be paid in full (be received by the County's Code Enforcement Department) not later than 21
days after the vehicle owner's receipt of the Notice of Code Violation, unless the owner files an
appeal that is actually received by the County's Code Enforcement Department, not later then 21
days after the vehicle owner's receipt of such notice. The $125.00 civil fines may be amended by
resolution of the Board of County Commissioners.
Words Underlined are added; Words Sti:usie Thfaugh are deleted.
Page 1 of 2
FWD
A !;
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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 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: EFFECTIVE DATE.
This Ordinance shall be 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
ATTEST:
DWIGHT E. BROCK, CLERK
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, CHAIRMAN
Words Underlined are added; Words Lek +PAeugii are aeietea.
Page 2 of 2
Ann P. Jennejohn
From: NeetVirginia [VirginiaNeet @colIiergov.net]
Sent: Wednesday, September 30, 2009 8:50 AM
To: Ann P. Jennejohn
Cc: Klatzkow, Jeff; WrightJeff
Subject: additiona to advertising request for 10 -2 -09
Ann:
Per our discussion — can we add the title below to the advertising request sent
to NDN yesterday — this would be the 5th title in the ad.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE
( "PENALTIES ") OF ORDINANCE NO. 2008 -22, THE COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE, IN ORDER TO
CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Dinny
--------------------------------------
--------------------------------------
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
i
• I
MIA
Acct #068784
September 30, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Amending Ordinance 2008 -22
Dear Legals:
Please advertise the above referenced notice on Friday, October 2, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. # 4500102319
NOTICE OF INTENT TO CONSIDER ORDINANCE
• i
•
Notice is hereby given that on Tuesday, October 13, 2009, in the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of
County Commissioners 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 OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE ( "PENALTIES ")
OF ORDINANCE NO. 2008 -22, THE COLLIER COUNTY INTERSECTION
SAFETY ORDINANCE, IN ORDER TO CREATE TIERED CIVIL FINES FOR
INITIAL AND SUBSEQUENT VIOLATIONS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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 administrator
prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an 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 material used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal a 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 provisision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W,
Naples, Florida, 34112 (239) 252 -8380. Assisted listening devices for the hearing impaired are available
in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
From:
Ann P. Jennejohn
Sent:
Wednesday, September 30, 2009 10:00 AM
To:
Naples Daily News Legals
Subject:
Amending Ordinance 2008 -22
Good Morning,
Amending
AMENDS ORD
finance 2008- 22.doi
08- 22.doc
Please advertise the
attached on Friday, October 2, 2009.
Thank you,
Ann Jennejohn
Clerk to the Board
Minutes and Records Department
239 - 252 -8406
Fax: 239 - 252 -8408
ann.,iennejohn@colliercierk.com
i
NOW
• r
re-VII
A N
Ann P. Jennejohn
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Wednesday, September 30, 2009 5:02 PM
To:
Ann P. Jennejohn
Subject:
Ad Confirmation
Attachments:
UAS845.jpg
Thank you for placing your ad.
Date 09/30/09
Publication NDN
Ad Number 1819178
Total Ad Cost $263.96
Emely
• t .I
NOTICE OF INTENT TQ..CONSIDER
ORDINANCE 86
Not ice is hereby given that on Tuesday,
October 13, 2009, In the Boardroom, 3rd
Floor, Administration Building, Collier
County Government Center, 3301 East Ta-
miami Trail, Naples, Florida, the Board of
County Commissioners 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 fol-
I ow 5:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNT", FLORIDA, AMENDING SECTION
FIVE ( "PENALTIES ") OF ORDINANCE NO
2COS -22, THE COLLIER COUNTY INTERSEC-
TION SAFETY ORDINANCE, IN ORDER TO
CREATE TIERED CIVIL FINES FOiL INITIAL.
AND SUBSEQUENT VIOLATIONS PROVID-
ING FOR CONFLICT AND SEVERAB1LITY;
PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES, AND PRO,
VIDING FOR AN EFFECTIVE BATE
Copies of the proposed Ordinance are on
file with the Clerk to the Board- and are
available for inspection. All interested
r arties are invited to attend and he
ea rd.
NOTE All persons wishing to speak an
any agenda item must register with the
County administrator prior to presents
Lion of the agenda item to be addressed.
Individual speakers will be limited to 5
minutes on any item. The selection of an
individual to speak Ion behalf of an orga.
nizatlon or group is encouraged. if rec-
a9nized by the Chairman, a spokesperson
Tor a group or organization may be al-
lotted 10 minutes to ,peak on an item.
Person& wishing to have written or graph
c materials included in the Board agenda
ackets must suhmlt said material a min-
mum of 3 weeks, prior to the respective
public hearing. in any case, written ma-
terials intended to be considered by the
Board shall be submitted to the appropri
ate County staff a minimum of seven days
prior to the public hearingg. All material
used in presentations before the Hoard
will become a permanent part of the re-
cord.
Any person who decides to appeal a deci-
sign of the Board will need a rerord :of
the proceedings pertaining thereto and
therefore, may need to ensure that a ver-
batim 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
needy any accommodation in order to
partir_ late in this proceeding, you are en-
titled, at no Cost to you, to the provisision
of certain assistance. please contact the
Collier County Facilities Management De-
partment, located at :3301 Ta.miami Trail
East, Building W, Naples, Florida, 34112
{23% 252.8380. Assisted listening devices
for the hearing impaired are available in
the Co4rnxy Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BRM, CLERK
By: Ann 1eniiejohn, Deputy Clerk
(SEAL)
October 2, 2009 No'l819'178
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
-------------------------------------------------- + - - - --
BCC /CDES BUDGET OFFICE
CLERK OF CIRC. COURT
POB 413044 S AMMERMANN /FINANCE DEPT
NAPLES FL 34101
REFERENCE: 068784 P.O. # 4500102319
59592226 NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 1 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, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/02 10/02
AD SPACE: 95 LINE
FILED ON: 10/02/09
---------------------------------------------
Signature of Affiant
• t
O IN
Fw
n rl ai
MOF COUNTY uXN MISSIO IERS
BY: Am 1° °�' C10
worerova
1------------------- - - - - --
Sworn to and Subscribed before me this }1ti day of Oc\-o� 2005C�
Personally known by me �anyf f ��'o
KAROL E KANGAS
Notary Public - State of Florida
My Comm. Expires Jul 29, 2013
Commission # DD 912237
lr
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only fti ter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
...N..., -f+u. rk.; .nur,'c .at„r. d— . lin. thrn„oh ,fl linen @ t thrnuah 8d rmm�lete the rhecklict and forward to Sue Filcnn (line #51
Route to Addressee(s)
List in routing order
Office
Initials
Date
1.
appropriate.
Initial)
Applicable)
2.
10 -13 -09
Agenda Item Number
S—'5
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
to l3
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
49- 14.69-
5. Ian Mitchell, Supervisor — BCC Office
Operations
Board of County Commissioners
I Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate.
Initial)
Applicable)
Agenda Date Item was
10 -13 -09
Agenda Item Number
S—'5
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance (Intersection Safety Ordinance)
Number of Original
One
Attached I
resolutions, etc, signed by the County Attorney's Office and signature pages from
I Documents Attached
1NQTQ11irT1nNC k C14V iCL1!RT
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04 -COA- 01190/1245
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial)
Applicable)
I .
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. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
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
3.
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.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 10 -13 -09 and all changes made during
JAK
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04 -COA- 01190/1245
• 11
ORDINANCE NO. 2009- r,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE
( "PENALTIES ") OF ORDINANCE NO. 2008 -22, THE COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE, IN ORDER TO
CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 2008, the Board of County Commissioners adopted Ordinance
No. 2008 -22, the Collier County Intersection Safety Ordinance, to facilitate the use of unmanned
cameras to encourage vehicle owners to obey traffic control devices and entrust their vehicles
only to responsible drivers; and
WHEREAS, the Board of County Commissioners desires to amend Section Five, entitled
"Penalties," of Ordinance 2008 -22 so as to establish a tiered civil fine structure that reflects
initial and subsequent violations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2008-22.
Section Five is hereby amended to read as follows:
SECTION FIVE. PENALTIES.
(a) Civil fine; costs. Each Section Three violation, above, issued pursuant to this Article
shall be a civil, noncriminal ordinance violation for which a one hundred twenty five delta
`$125.08 civil fine in the amount of sixty -two and 50 1100 dollars ($62.50) shall be assessed
against the vehicle's owner for eaeh vielat the first violation a civil fine in the amount
seventy -five dollars ($75.00) shall be assessed for the second violation within any five-year
period, and a one hundred dollar ($100.00) civil fine shall be assessed for the third and any
subsequent violation by the vehicle's owner within any five-year period. The civil fine must be
paid in full (be received by the County's Code Enforcement Department) not later than 21 days
after the vehicle owner's receipt of the Notice of Code Violation, unless the owner files an appeal
that is actually received by the County's Code Enforcement Department, not later then 21 days
after the vehicle owner's receipt of such notice. The $125.00 civil fines may be amended by
resolution of the Board of County Commissioners.
Words Underlined are added; Words Struck Through are deleted.
Page I of 2
• �1
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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 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: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this /J#day of� e , 2009.
ATTES`'I':
DWIGHT)✓. 13ROCK; CLERK
AMOS, e
61964t n OMrt . It y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DO A FIALA, CHAIRMAN
Words Underlined are added, Words StFU& Through are deleted.
Page 2 of 2
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