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Resolution 2006-159 RESOLUTION NO. 2006-159 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF THE COUNTY OF COLLIER, FLORIDA WANT ADEQUA TE CAPACITY TO EXIST ON THE COUNTY'S ROAD SYSTEM BEFORE NEW DEVELOPMENT CAN BEGIN; PROVIDING FOR AN EFFECTIVE DA TE. WHEREAS, Collier County recognizes the need to plan for future growth and has developed a long-range transportation plan to insure that adequate vehicular trip capacity exists throughout the transportation network; and WHEREAS, the Board of County Commissioners enacted a transportation concurrency management system as part of its Growth Management Plan that requires adequate road capacity to be in place, under construction or under contract within two (2) years of the issuance of a development order; and WHEREAS, on June 24, 2005, the Governor signed into law senate Bill 360, commonly referred to as the Growth Management Law (FL. Statutes, Chapter 163), which reduced the County's ability to locally control growth and the transportation demands of development; and WHEREAS, an understanding of the voters desire about road capacity may serve to guide and direct the deliberations and actions of the Board of County Commissioners and the local legislative delegation in future legislative initiatives regarding this subject. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled in the Board of County Commissioners' Chambers at 3301 East Tamiami Trail, Naples, Florida, this 20th day of June, 2006, A.D., as follows: SECTION 1. Findings. It is found and declared that: (A) This Resolution is adopted pursuant to applicable provisions of law. (B) It is desired to ask the electors of the County if they want adequate road capacity to exist before new development can begin. (C) The expenditures authorized serve a paramount public purpose and benefit. (D) The recitations of the preamble are hereby adopted as findings herein. 1 SECTION II. Referendum Election Ordered. A referendum election is hereby ordered to be held In Collier County, Florida, on November 7, 2006, to determine whether or not the electors of the County want adequate road capacity to exist before new development can begin. SECTION III. Voting. The polls will open at the voting places on the date of such election from 7:00 a.m. to 7;00 p.m. on the same day. All qualified electors residing within the County shall be entitled and permitted to vote at such an election as hereinafter provided. The referendum election shall be held and conducted in the place or places prescribed by law for general elections in the County. The referendum election shall be held and conducted in the manner prescribed by law for holding general elections in the County, and the County Manager and Supervisor of Elections are directed to take all necessary measures to conduct the election in all manner required by law. The returns shall be properly canvassed by the County Canvassing Board to be comprised by law, and all procedures and requirements of state law and other applicable law shall be complied with for the purpose of conducting the computation of ballots and completion of election procedures. SECTION IV. Ballots. The ballots to be used in the referendum election shall be on plain white paper, or otherwise permitted electronic format, and which will provide facilities for qualified electors to vote for or against the question as they may choose. Voting equipment shall be used at such referendum election as the Supervisor of Elections deems appropriate and as permitted by law. The question appearing on the ballots to be used in the referendum election shall be in substantially the following form: BALLOT REQUIREMENT FOR ADEQUATE ROAD CAPACITY STATE GROWTH MANAGEMENT LAW PERMITS NEW DEVELOPMENT TO PROCEED UNDER CERTAIN CIRCUMSTANCES EVEN IF ADEQUATE ROAD CAPACITY WILL NOT EXIST FOR 3 TO 5 YEARS. SHOULD THIS LAW BE CHANGED TO REQUIRE ADEQUATE ROAD CAPACITY BEFORE NEW DEVELOPMENT CAN BEGIN? YES_ NO 2 <'-~'-""'-'--""'-'---""""-'~'"-' SECTION v. Absentee Voting. Adequate provision shall be made for absentee voting. Ballots shall be used suitable for absentee voting at the election. The form of ballots to be used in the election for absentee voters shall be in substantially the form set out above and in accordance with the Florida Election Code. SECTION VI. Results of Election. Returns of the votes cast at the election shall be made to and canvassed by the Canvassing Board and the Canvassing Board shall declare the results and certify the same to the County Manager to be recorded in the minutes of the County. The public should be aware and on notice that this ballot is in the nature of a "straw" ballot to clearly understand the desires of the electorate as to development and road capacity. Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit such results to the Department of State pursuant to Section 100.351, Florida Statutes. SECTION VII. Publication of Resolution and Notice. At least 30 days notice of the election shall be published in the Naples Daily News, or any other newspaper of general circulation within the County, at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes. The notice of election shall be in substantially the following form: NOTICE OF REFERENDUM COUNTY OF COLLIER, FLORIDA, ON NOVEMBER 7, 2006 NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA, REFERENDUM will be held on the th day of November, 2006, in the County of Collier, Florida, for the purpose of answering the following question: State Growth Management Law permits new development to proceed under certain circumstances even if adequate road capacity will not exist for 3 to 5 years. Should this law be changed to require adequate road capacity before new development can begin? The polls will be open at the voting places on the date of referendum election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in Resolution No. 2006-159, adopted by the Board of County Commissioners of Collier County, Florida on June 20, 2006, which is a matter of public record. All qualified electors residing within the County of Collier shall be entitled, qualified and permitted to vote at such election. The County of Collier, Florida Frank Halas, Chairman Board of County Commissioners 3 ... ""-'--~._-"'-~'."------"."~,-,.." '"---'~_."-<~"-"-;"'-'''-'''''--'''''"'''~'--~'~''---''-'-''- SECTION VIII. Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 20th day of June, 2006. ATTEST: Dwight E. Brock, q.ERK ~jC~lrc r~~.~fIlo a.. trwu t 1'~OBat'url! /':11'1111 BOARD OF COUNTY COMMISSIONERS COUNTY OF COLLIER, FLORIDA BY: ~~~~ Frm1'l<'ftalas, CHAIRM N ~ Approved as to form and legal sufficiency ~W~ Michael W. Pettit Chief Assistant County Attorney 04-bcc-OI199/497 4