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Agenda 02/23/2021 Item #10B (Opposition to SB406 & HB209)Proposed Agenda Changes Board of County Commissioners Meeting February 23, 2021 Move Item 17B to Item 9A: 17.B. ***This item was continued from the January 12, 2021 and January 26, 2021 Board meetings.*** Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Golden Gate Parkway Overlay District (GGPOD) and eliminate the Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and establish uses, boundaries and design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions; Chapter Two - Zoning Districts and Uses; Chapter 4 - Site Design and Development Standards; Chapter Five - Supplemental Standards; and Chapter 10 - Application, Review, and Decision-Making Procedures; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (District 3). (Commissioner Saunder’s request) Add Item 10B: A Recommendation to adopt a resolution in opposition to passage and enactment of Senate Bill 406 and House Bill 209, relating to the expansion of the Big Cypress Basin. (Commissioner Taylor’s Request) Time Certain Items: Item 11C to be heard no sooner than 11:00 a.m. (Commissioner Taylor and Commissioner Solis individual requests) Note: On 16B1 striking the phrase “and to authorize the Chairman to execute the attached agreement” from the title of the item (staff correction) 2/23/2021 8:56 AM EXECUTIVE SUMMARY Recommendation to adopt a resolution in opposition to passage and enactment of Senate Bill 406 and House Bill 209, relating to the expansion the Big Cypress Basin. OBJECTIVE: To adopt a resolution in opposition to passage and enactment of Senate Bill 406 and House Bill 209, relating to the expansion the Big Cypress Basin. CONSIDERATIONS: On March 19, 2020, General Appropriations Act passed by the State Legislature contained language calling for the completion of a study updating the scientific boundary of the Big Cypress Basin. Because of COVID-19, public meetings during the past year have been greatly limited. The study on the scientific boundary of the Big Cypress Basin was first publicly presented t o the Big Cypress Basin Board on November 18, 2020, at that time comprised of sole member and Chair, Charlette Roman. Only six weeks later, the first bill filed at the Florida Legislature seeking to use the scientific boundary to significantly expand the administrative boundary for the Basin was filed. On February 9, 2021, the Board of County Commissioners unanimously adopted a formal position opposing the language of Senate Bill 406 and House Bill 209, and dispatched a letter to the sponsors of the bills and to the Collier County Legislative Delegation stating that this opposition would continue until technical deficiencies in the bill are addressed, issues of policy and practical application of the initiative are better defined and discussed, and the public is informed and educated on how this will impact water quantity and quality management in both Lee and Collier counties. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time, and requires majority support for Board action. - JAK RECOMMENDATION: That the Board adopt a resolution in opposition to passage and enactment of Senate Bill 406 and House Bill 209, relating to the expansion the Big Cypress Basin. Prepared by: Penny Taylor, District 4 1 RESOLUTION NO. 2021 - ______ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPPOSITION TO PASSAGE AND ENACTMENT OF SENATE BILL 406 AND HOUSE BILL 209, RELATING TO THE EXPANSION OF THE BIG CYPRESS BASIN. WHEREAS, the General Appropriations Act passed by the State Legislature on March 19, 2020, contained language calling for the completion of a study updating the scientific boundary of the Big Cypress Basin; and WHEREAS, on March 1, 2020, the Governor issued Executive Order 2020-51, directing the State Health Officer to declare a public health emergency in the State of Florida due to COVID- 19; and WHEREAS, on March 9, 2020, the Governor issued Executive Order 2020-52, declaring a state of emergency, which remains in effect, and has been the primary focus of governmental resources for nearly a year; and WHEREAS, subsequent Executive Orders to protect the health, safety, and welfare of our citizens have included a statewide “Safer At Home” order, public health advisories warning of the dangers of gathering in groups of 10 or more, the closing of schools, asking people to work from home if feasible, and providing for the use of technology for virtual meetings of municipal governing bodies; and WHEREAS, the study on the scientific boundary of the Big Cypress Basin was first publicly presented to the Big Cypress Basin Board on November 18, 2020, at that time comprised of sole member and Chair, Charlette Roman; and WHEREAS, the first bill filed at the Florida Legislature seeking to use the scientific boundary to significantly expand the administrative boundary for the Basin was filed on December 30, 2020; and WHEREAS, on February 9, 2021, the Board of County Commissioners unanimously adopted a formal position opposing the language of Senate Bill 406 and House Bill 209, and dispatched a letter to the sponsors of the bills and to the Collier County Legislative Delegation stating that this opposition would continue until technical deficiencies in the bill are addressed, issues of policy and practical application of the initiative are better defined and discussed, and the public is informed and educated on how this will impact water quantity and quality management in both Lee and Collier counties; and WHEREAS, had the boundary study and proposed legislation been available earlier in 2020, public outreach and education on any boundary expansion proposal would have been logistically impractical and at the risk of the health and safety of our citizens due to the pandemic and its impact on public gatherings and government proceedings; and WHEREAS, should the Legislature pass and the Governor sign a bill expanding the Basin boundary, the proposed July 1, 2021, effective date could potentially be less than 60 days from the conclusion of the legislative session placing a great administrative burden on Basin administration, 2 county and municipal staff in the expanded boundary, and unintentionally continue to limit the input and education of the public. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to oppose passage and enactment of Senate Bill 406 and House Bill 209, relating to the expansion the Big Cypress Basin. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 23rd day of February, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By:_____________________________ By:______________________________________ Crystal K. Kinzel, Clerk Penny Taylor, Chair Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney