Backup Documents 05/25/2021 Item #17A COLLIER COUNTY FLORIDA r '`:'/ /1
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS %- i . H
To: Clerk to the Board: Please place the following as a: (JI
® Normal legal Advertisement ❑ Other:
(Display Adv.,location, etc.)
***************************fie********arse*********heir********rye***********************************************
Originating Dept/Div: GMD/Trans. Engineering Person: Daniel Hall,Prin. Project Manager Date: May 11,2021
Petition No.(If none,give brief description): Ordinance—amending Ord, 03-19 re trucks over 5 tons
Petitioner: (Name&Address): none
Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 12 days before hearing.)May 25,2021 (ad to run no later than:
Thursday,May 13,2021)
Newspaper(s)to be used: (Complete only if important):
® Naples Daily News 0 Other ❑Legally Required
Proposed Text: (Include legal description&common location&Size): (copy ordinance title here, unless sending separately)
AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS
FROM THROUGH MOVEMENTS ON DESIGNATED PUBLIC ROADS AND STREETS; 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 include advertising cost?❑Yes ® No If Yes,what account should be charged for advertising costs:
PON 4500210757
Reviewed by:
.57/
Division Administrator o esignee// Date
List Attachments: 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 Cleric's Office for processing. 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 Minutes&Records. The Manager's office will
distribute copies:
❑ County Manager agenda file: to ❑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 ONLY:
Date Received: K t);l Date of Public hearing:5 a5 I Date Advertised: i��j
ORDINANCE NO. 2021 - 1 7 A
AN ORDINANCE AMENDING SECTION 130-3 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING
TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS
FROM THROUGH MOVEMENTS ON DESIGNATED
PUBLIC ROADS AND STREETS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.008, Florida Statutes, authorizes any local authority to regulate
or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles,
trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever
in its judgment, such regulation or prohibition is necessary to provide for the public safety and
convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof
by the traveling public, or other reasons of public safety and convenience; and
WHEREAS, the Board of County Commissioners of Collier County has determined that,
by reason of traffic density,intensive use by the traveling public and in the interest of public safety
and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit
through movements of trucks or other commercial vehicles with a rated capacity in excess of five
tons on designated public roads and streets; and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-
35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the
operation of trucks of over one ton weight; and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 03-
19,also cited as Section 130-3 of the Collier County Code and Ordinances,which prohibited trucks
or other commercial vehicles with a rated capacity in excess of five tons from using the left lane
on all multilane roads or streets in Collier County whenever such road or street is posted with signs
prohibiting such operation; and
WHEREAS, the Board of County Commissioners of Collier County desires to amend
Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance 03-19, as
amended, to prohibit trucks weighing over 5 tons from through movements on designated public
roads and streets.
[21-ECM-02620/1 63 1 072/1]
Words underlined are added; Words struck through are deleted.
17A
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION 130-3.
Section 130-3 of the Code of Laws and Ordinances is hereby amended to read as follows:
Sec. 130-3. - Operation of trucks of-over one-tan posted weight.
(a) No person shall operate any truck or other commercial vehicle with a rated capacity
in excess of one ton or five tons, as deemed appropriate by the county administrator or designee,
upon any road or street in the county whenever such road or street is posted with signs prohibiting
such operation, except as hereinafter provided.
(b) No person shall operate any truck or other commercial vehicle with a rated capacity
in excess of five tons upon the left lane of any multi-lane road or street in the county, except for
passing or preparing to make a left turn, whenever such road or street is posted with signs
prohibiting such operation, except as hereinafter provided.
(c) The county administrator is authorized to determine those roads and streets upon
which such vehicles are to be prohibited, and those roads and streets upon which such vehicles'
operation in the left lane is restricted, and, with the approval of the board of county
commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads
and streets so designated and on the roads and streets approaching the roads and streets so
designated, where applicable.
(d) The provisions of this section shall not be applicable to the following:
(1) The operation of emergency vehicles.
(2) The operation of any vehicle owned or operated by a governmental agency,public
utility or contractor while engaged in the repair, maintenance or construction of
roads, streets, utilities or structures along the roads and streets designated in
accordance with this section.
(3) The operation of garbage or trash trucks while actually engaged in the collecting
of garbage or trash along the roads and streets designated in accordance with this
section.
(4) The operation of a vehicle upon any road or street where necessary to the conduct
of business, provided that such vehicles shall enter such designated roads and
[21-ECM-02620/1631072/1]
Words underlined are added; Words struck through are deleted.
17A
streets at a safe intersection nearest the destination of the vehicle and shall
proceed thereon no farther than the nearest intersection thereafter.
(e) Any person who violates the provisions of this section shall be subject to prosecution
in the manner prescribed by general law; and upon conviction, such person shall be subject to a
fine, imprisonment, or both a fine and imprisonment as provided by general law.
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 this 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 become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Penny Taylor, Chair
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
[21-ECM-02620/1 63 1 072/I]
Words underlined are added; Words struck through are deleted.
17A
Acct #324207
May 11, 2021
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ord. Amending Ord. 03-19, Re: Trucks over 5 Tons
Dear Legals:
Please advertise the above referenced notice on Thursday, May 13, 2021 and
kindly send the Affidavit of Publication, together with charges involved, to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500210757
1 7 A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
on May 25,2021,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 SECTION 130-3 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 03-19, §1,RELATING TO
RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS
ON DESIGNATED PUBLIC ROADS AND STREETS; 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.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have
the opportunity to provide public comments remotely,as well as in person, during this proceeding. Individuals
who would like to participate remotely, should register up to 6 days in advance through the link provided on the
front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in
advance of the public hearing detailing how they can participate remotely in this meeting.
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
PENNY TAYLOR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
17A
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, May 11, 2021 10:25 AM
To: Naples Daily News Legals
Subject: Ordinance Amending Ord. 03-19, Trucks over 5 Tons (BCC 5/25/2021)
Attachments: Ordinance Amending Ord. 03-19 Re Trucks over 5 tons (BCC 5-25-2021).docx;
Ordinance Amending Ord. 03-19 Re Trucks over 5 tons (BCC 5-25-2021).docx
Importance: High
Hello,
Please advertise the following attached on Thursday, May 13, 2021.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR &VAB Senior Deputy Clerk
or- Office: 239-252-7240
r''_ Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
" 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
t7A
Martha S. Vergara
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Tuesday, May 11, 2021 10:26 AM
To: Martha S. Vergara
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice
running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
17A
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, May 11, 2021 11:55 AM
To: RodriguezWanda; HallDaniel; ScottTrinity
Subject: Ad proof- Ord. Amending Ord. 03-19, 5 ton truck restriction
Attachments: 4731758.pdf
Hello All,
Attached is the ad proof from NDN.
Please let me know if this is approved to run ASAP as this ad is set to be published on
Thursday, May 13, 2021.
Note from NDN: The total cost is$518.00 and a proof is attached.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
011 Otk> Office: 239-252-7240
� f
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
fi Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
i
t 3 4ir
Ilk 1 4 4 N
+ Z7A
PART OF THE USA TODAY NETWORK
BCC ZONING DEPARTMEN
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303809 0004731758 $525.00 $0.00 $525.00 Invoice $0.00 $525.00
Sales Rep: bgrady Order Taker: bgrady Order Created 05/11/2021
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 2.00 150 05/13/2021 05/13/2021
NDN-naplesnews.com 1 2.00 150 05/13/2021 05/13/2021
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
Text of Ad: 05/11/2021
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE A/
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on May 25, 2021,
in the Board of County Commissioners Meeting Room, Third
Floor, Collier Government Center, 3299 Tamiami Trail East, Na-
ples FL., the Board of County Commissioners (BCC) will consider
the enactment of a County Ordinance. The meeting will com-
mence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS OR-
DINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS
WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS ON
DESIGNATED PUBLIC ROADS AND STREETS; 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 limit-
ed 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 or-
ganization 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 pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to promote social distancing
during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par-
ticipate remotely, should register up to 6 days in advance
through the link provided on the front page of the county
website at www.colliercountyfl.gov. Individuals who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.
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 accommoda-
tion 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, locat-
ed 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
PENNY TAYLOR.,CHAIRMAN
CRYSTAL K. KINZEL,CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
May 13,2021 #4731758
17A
Martha S. Vergara
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Tuesday, May 11, 2021 2:01 PM
To: Minutes and Records; Martha S. Vergara
Cc: HallDaniel •
Subject: FW: proof approval - Ord.Amending Ord. 03-19, 5 ton truck restriction
Attachments: RE:Ad proof- Ord. Amending Ord. 03-19, 5 ton truck restriction;4731758.pdf
Martha,
Please ask NDN to add `Notice of Public Hearing' to the header. We don't need to see another proof.
Otherwise, staff approval is attached and attorney approval is below (there is no applicant), and the
ad is good to go. Thanks so much!
'Wanda Rodriguez, ACT, CT M
Office of the County Attorney
(239) 252-840o
From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Sent:Tuesday, May 11, 2021 1:56 PM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Subject: RE: proof approval-Ord. Amending Ord. 03-19, 5 ton truck restriction
Approved.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent:Tuesday, May 11, 2021 12:03 PM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: proof approval -Ord. Amending Ord. 03-19, 5 ton truck restriction
For your approval. Title is correct.
'Wanda Rodriguez, ACT, CP.M1
Office of the County Attorney
(239) 252-8400
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, May 11, 2021 11:55 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; HallDaniel<Daniel.Hall@colliercountyfl.gov>;
1
17A
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, May 11, 2021 2:19 PM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 4731758 Ordinance Amending Ord. 03-19, Trucks over 5 Tons (BCC 5/25/2021)
Importance: High
Hi Brittany
The County Attorney is asking for a revision.
Will you please insert the following above the NOTICE OF INTENT TO CONSIDER
ORDINANCE:
Please add: NOTICE OF PUBLIC HEARING
Text of Ad; 0511112021
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will he held by the
Collier County Board of County Commissioners on May 25, 2021,
in the Board of County Commissioners Meeting Room, Third
floor, Collier Government Center, 3299 Tarniami Trail East, Na,
pies FL., the Board of County Commissioners (BCC) will consider
the enactment of a County Ordinance, The meeting will com-
thence at 9;00 A,M, The title of the proposed Ordinance is as
follows:
AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS OR-
DINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS
WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS ON
DESIGNATED PUBLIC ROADS AND STREETS; 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 limit-
ed to 3 minutes on any item. The selection of any individual to
And sent a revised ad proof please.
Thanks,
Martha
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent:Tuesday, May 11, 2021 11:09 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 4731758 Ordinance Amending Ord. 03-19,Trucks over 5 Tons (BCC 5/25/2021)
1
Martha S. Vergara 1 7 A
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Tuesday, May 11, 2021 2:28 PM
To: Martha S. Vergara
Subject: RE:4731758 Ordinance Amending Ord. 03-19, Trucks over 5 Tons (BCC 5/25/2021)
Attachments: 4731758.pdf
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
The updated proof is attached.
Thank you!
Brittany Grady
Public Notice Representative
Office:844-254-5287
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, May 11, 2021 1:19 PM
To: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Subject: RE:4731758 Ordinance Amending Ord. 03-19,Trucks over 5 Tons (BCC 5/25/2021)
Importance: High
Hi Brittany
The County Attorney is asking for a revision.
Will you please insert the following above the NOTICE OF INTENT TO CONSIDER
ORDINANCE:
Please add: NOTICE OF PUBLIC HEARING
1
17A
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, May 11, 2021 2:45 PM
To: 'Gannett Legals Public Notices 4'
Subject: RE:4731758 Ordinance Amending Ord. 03-19, Trucks over 5 Tons (BCC 5/25/2021)
Hi Brittany,
This revised ad proof has been reviewed and approved by the legal department.
Please proceed with publishing as requested.
Thanks,
Martha
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent:Tuesday, May 11, 2021 2:28 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 4731758 Ordinance Amending Ord. 03-19,Trucks over 5 Tons(BCC 5/25/2021)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
The updated proof is attached.
Thank you!
Brittany Grady
Public Notice Representative
plArZottr LOCr L iC)
Office:844-254-5287
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, May 11, 2021 1:19 PM
To: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Subject: RE:4731758 Ordinance Amending Ord. 03-19,Trucks over 5 Tons(BCC 5/25/2021)
Importance: High
Hi Brittany
The County Attorney is asking for a revision.
1
17A
•' Public Notices .*,„Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the V1
Collier County Board of County Commissioners on May 25, 2021, z
in the Board of County Commissioners Meeting Room, Third m
Floor, Collier Government Center, 3299 Tamiami Trail East, Na-
ples FL,the Board of County Commissioners (BCC) will consider IA
the enactment of a County Ordinance. The meeting will corn-
mence at 9:00 A.M. The title of the proposed Ordinance is as 0
follows:
AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER —
COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS OR-
DINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS =
WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS ON C
DESIGNATED PUBLIC ROADS AND STREETS; PROVIDING FOR
CONFLICT AND SEVERABILITY;. PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 0
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
pagenda item to be addressed. Individual speakers will be limit-
ed 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 or-
ganization may be allotted 10 minutes to speak on an item. W
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 pre-
sentations before the Board will become a permanent part of
the record,
As part.of an ongoing initiative to promote social distancing
- during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par-
ticipate remotely, should register up to 6 days in advance
through the link provided on the front page of the county
website at www.colliercountyfi.gov. Individuals who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.
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 accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of tertain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed 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
PENNY TAYLOR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
May 13,2021 #4731758
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a 11.1,13
47A
tip
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NOTICE OF PUBLIC HEARING
NAPLES, FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on May 25,2021,
Affidavit of Publication in the Board of County Commissioners Meeting Room, Third
Floor, Collier Government Center, 3299 Tarniami Trail East, Na-
STATE OF WISCONSIN pies FL, the Board of County Commissioners (BCC) will consider
COUNTY OF BROWN the enactment of a County Ordinance. The meeting will com-
mence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
Before the undersigned they serve as the authority, AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER
personally appeared said legal clerk who on oath says that COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS OR-
he/she serves as Legal Clerk of the Naples Daily News, a DINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS
WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS ON
daily newspaper published at Naples, in Collier County, DESIGNATED PUBLIC ROADS AND STREETS; PROVIDING FOR
Florida; distributed in Collier and Lee counties of Florida; CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
that the attached copy of the advertising was published in AN EFFECTIVE DATE.
said newspaper on dates listed. Affiant further says that the A copy of the proposed Ordinance is on file with the Clerk to
said Naples Daily News is a newspaper published at the Board and is available for inspection. All interested parties
Naples, in said Collier County, Florida, and that the said are invited to attend and be heard.
newspaper has heretofore been continuously published in NOTE: All persons wishing to speak on any agenda item must
said register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limit-
Collier County, Florida; distributed in Collier and Lee ed to 3 minutes on any item. The selection of any individual to
counties of Florida, each day and has been entered as speak on behalf of an organization or group is encouraged, tf
recognized by the Chairman, aspokesperson fora group or or,
second class mail matter at the post office in Naples, in ganization may be allotted 10 minutes to speak on an item.
said Collier County, Florida, for a period of one year next
Persons wishing to have written or graphic materials included in
preceding the first publication of the attached copy of the Board agenda packets must submit said material a minimum
advertisement; and affiant further says that he has neither of 3 weeks prior to the respective public hewing. In any case,
written materials intended to be considered by the Board shall
paid nor promised any person, or corporation any discount, be submitted to the appropriate County staff a minimum of
rebate, commission or refund for the purpose of securing seven days prior to the public: hearing. All materials used in pre-
sentations before the Board will become a permanent part of
this advertisement for publication in the said newspaper. the record.
As part of an ongoing initiative to promote social distancing
Published: 05/13/2021 during the COVII)-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par
ticipate remotely, should register up to 6 days in advance
through the link provided on the front page of the county
website at www.colltercountyfl.gov, Individuals who register
Subscribed and sworn to before on May 13,2021: will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.
Any person who decides to appeal anydecision of the Board
will need a record of the proceedings pertaining thereto and
uv1(.RLr c f. .) therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
Notary, State of WI, County of Brown evidence upon which the appeal is based,
If you are a person with a disability who needs any accommoda-
1AF A MOIVDLOCH
Non in order to participate in this proceeding you are entitled,
Notary Public at no cost to you, to the provision of certain assistance. Pleasecontact the Collier County Facilities Management Division, locat-
State of Wisconsin edat.3335Tamiami Trail East, Suite 101, Naples, FL 34 1 1 2-5356,
(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.
My commission expires August 6, 2021 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR.,CHAIRMAN
Publication Cost: $525.00 CRYSTAL K.KINZEL,CLERK
Ad No: 0004731758 By: Martha Vergara,Deputy Clerk
(SEAL)
Customer No: 1303809 May 13,2021 #4731758
PO#: 4500210757
#of Affidavits1
This is not an invoice
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 A
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 5/25/21
4. BCC Office Board of County
Commissioners 7 PA 'S•001
5. Minutes and Records Clerk of Court's Office SI„ 1 10 14
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 Daniel Hall,Princ.Project Manager,Trans. Phone Number 252-8123
Contact/ Department Engineering—252-6007
Agenda Date Item was 5/25/21 Agenda Item Number 17-
Approved by the BCC
Type of Document Ordinance amending Ord.03-19—prohibit 5 Number of Original one
Attached ton trucks on designated roads Documents Attached
PO number or account N/At - ']1
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?STAMP Ok N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 N/A
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 N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 5/25/21 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's JA
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 7 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, May 28, 2021 8:28 AM
To: HallDaniel
Cc: AlthouseTammy
Subject: Ordinance 2021-21 (Adopted 5-25-21)
Attachments: Ordinance 2021-21.pdf
Good Morning,
A copy of Ordinance 2.021-21, adopted by the
BCC on May 2.5, 2021, (Itewt #17A) avid validated by the
State May 2.7, 2021, is attached for your records.
Thank you!
Ann Jenne,jolin
13MR Senior Deputy Clerk II
<<'•iTtut.„), Clerk to the Value Adjustment Board
+`••,� Office: z39-2s2-s4o6
Fax: 239-252-8408 (if applicable)
Am.Jevtvtejohm.@CollierClerk.co v A
fir e. Office of the Clerk of the Circuit Court
���" N /" N�.t`1 & Cowtptroller of Collier County
3299 Tavvtiavvti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
17
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, May 27, 2021 11:18 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL20210527_Ordinance2021_21
Attachments: CLL20210527_Ordinance2021_21.pdf
COUNTY: CLL (COWER)
ORDINANCE NUMBER: 2021-21
SENT I3Y: Collier Couvtty Clerk of the Circuit Court
Board Mivtutes & Records Departvvtevtt
239-252-8406
Tlnavtk you!
Ann Jennejohn
13MR Sevtior Deputy Clerk II
,,•.tTtn,„,„ Clerk to the Value Adjustment Board
�,�w •,, Office: 239-252-s406
g.
Fax: 239-252-8408 (if applicable)
Avtvt.Jevtvtejohrt@CollierClerk.covtn
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tavvtiawti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
i
17A
ORDINANCE NO. 2021 - 21
AN ORDINANCE AMENDING SECTION 130-3 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING
TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS
FROM THROUGH MOVEMENTS ON DESIGNATED
PUBLIC ROADS AND STREETS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.008, Florida Statutes, authorizes any local authority to regulate
or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles,
trailers,or semitrailers on any highways or specified parts thereof under its jurisdiction,whenever
in its judgment, such regulation or prohibition is necessary to provide for the public safety and
convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof
by the traveling public, or other reasons of public safety and convenience; and
WHEREAS, the Board of County Commissioners of Collier County has determined that,
by reason of traffic density,intensive use by the traveling public and in the interest of public safety
and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit
through movements of trucks or other commercial vehicles with a rated capacity in excess of five
tons on designated public roads and streets; and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-
35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the
operation of trucks of over one ton weight; and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 03-
19,also cited as Section 130-3 of the Collier County Code and Ordinances,which prohibited trucks
or other commercial vehicles with a rated capacity in excess of five tons from using the left lane
on all multilane roads or streets in Collier County whenever such road or street is posted with signs
prohibiting such operation; and
WHEREAS, the Board of County Commissioners of Collier County desires to amend
Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance 03-19, as
amended, to prohibit trucks weighing over 5 tons from through movements on designated public
roads and streets.
[21-ECM-02620/1631072/1]
Words underlined are added;Words struck ough are deleted. CAO
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENTS TO SECTION 130-3.
Section 130-3 of the Code of Laws and Ordinances is hereby amended to read as follows:
Sec. 130-3. - Operation of trucks of-over one-ton posted weight.
(a) No person shall operate any truck or other commercial vehicle with a rated capacity
in excess of one ton or five tons, as deemed appropriate by the county administrator or designee,
upon any road or street in the county whenever such road or street is posted with signs prohibiting
such operation, except as hereinafter provided.
(b) No person shall operate any truck or other commercial vehicle with a rated capacity
in excess of five tons upon the left lane of any multi-lane road or street in the county, except for
passing or preparing to make a left turn, whenever such road or street is posted with signs
prohibiting such operation, except as hereinafter provided.
(c) The county administrator is authorized to determine those roads and streets upon
which such vehicles are to be prohibited, and those roads and streets upon which such vehicles'
operation in the left lane is restricted, and, with the approval of the board of county
commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads
and streets so designated and on the roads and streets approaching the roads and streets so
designated, where applicable.
(d) The provisions of this section shall not be applicable to the following:
(1) The operation of emergency vehicles.
(2) The operation of any vehicle owned or operated by a governmental agency,public
utility or contractor while engaged in the repair, maintenance or construction of
roads, streets, utilities or structures along the roads and streets designated in
accordance with this section.
(3) The operation of garbage or trash trucks while actually engaged in the collecting
of garbage or trash along the roads and streets designated in accordance with this
section.
(4) The operation of a vehicle upon any road or street where necessary to the conduct
of business, provided that such vehicles shall enter such designated roads and
[21-ECM-02620/1631072/1]
Words underlined are added;Words struck-t eugh are deleted. CAO
17A
streets at a safe intersection nearest the destination of the vehicle and shall
proceed thereon no farther than the nearest intersection thereafter.
(e) Any person who violates the provisions of this section shall be subject to prosecution
in the manner prescribed by general law; and upon conviction, such person shall be subject to a
fine, imprisonment, or both a fine and imprisonment as provided by general law.
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 this 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 become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this &j day of i V r I OL , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER Y, FLORIDA
,
I.
By,ALlAti ��c0 (.
By:
,„' ' 14,•71;DI,ty Clerk Pe y Taylor, air
Aftt as to C< fri 11
5lfl attre On4Thlt ordinance fitaed wtth theApprove ao:form and legality: j Try of t to'� of r
r
I
t 4, i ` and ocknowiedg filithat
Jeffrey A. Klatzkow, County Attorney f►lin received day
of ,
6y
i
[21-ECM-02620/1631072/1]
Words underlined are added;Words stfuelc-thfetgh are deleted. CAO
441
•
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 27, 2021
Ms. Ann Jennejohn, BMR Senior Deputy Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-21, which was filed in this office on May 27, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270