EAB Ordinance Agenda Transmittal Agenda Transmittal
EAB Ordinance - Item Title
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL
ADVISORY BOARD AND ABOLISHING THE WATER MANAGEMENT ADVISORY
BOARD AND THE ENVIRONMENTAL ADVISORY COUNCIL; PROVIDING FOR
AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR
MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF;
PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING
FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR
LIBERAL CONSTRUCTION; PROVIDING FOR REPEAL OF COLLIER COUNTY
ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1. 05 OF
COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING COLLIER COUNTY
ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT
OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR
CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE.
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z ANORDINANCE =ESTABLI$HING-#THECOLLIERCOUNT� ENVIRONMENTAL ;ADZTISORYBOARD.
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this time)
(2) Petition • DOA-91-3, Rick Hedlund of Team Plan, Inc. , Continued
representing Naples Associates requesting an
amendment to the Pine Air Lakes PUD Development Order
Number 85-5 for the purposes of reducing the overall
intensity of development and changing the mix or land
uses for property located west of Airport-Pulling
Road and north of Pine Ridge Road by approximately
3,000 linear feet in Sec. 11, T49S, R25E, containing
149 acres, more or less. (Continued from the meeting
of 6/25/91) (Companion to Agenda Items 6B. (l) and
6C. (1) . (Continued - date has not been determined at
this time)
(3) Petition SMP-90-08, Neno J. Spagna representing R@S. #91-501 Adopted
Florida Urban Institute, Inc., requesting extension 5/0
of Subdivision Master Plan for German Woods.
. (4) An Ordinance establishing the Collier County Ord. #91-68 Adopted. 5/C
• Environmental Advisory Board.
(5) An Ordinance establishing regulations governing the Continued. 5/0
use of water for lawn sprinkling and other water uses
under emergency conditions throughout Collier County;
providing policy and purpose; providing definitions;
providing regulations; providing for penalties and
enforcement; providing a variance procedure;
repealing Ordinances 89-80 and 88-34; providing for
conflict and severability; providing an effective
date.
(6) An Ordinance regulating the use of publicly owned Ord. #91-69 Adopted
wastewater facilities and private sewers and drains; ' as .amended. 5/0
providing a purpose, providing definitions; providing
abbreviations; providing supplemental service charge;
providing rules and regulations; providing for
monitoring and inspection of facilities; providing
for violations; providing for confidentiality of •
information; providing for service charges and fees;
providingfor conflict, severability, and effective
date.
3
July 30, 1991
Collier County, Florida 11/28/84-S50
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
x®X Normal Legal Advertisement C:=7 Other:
(Display Adv., location, etc.)
'AAAAAAAAAAAAAAAAAAAAAAAAAAA****FA-***AAAAAAAAA***-**** Or AAAAAAAA***********.*AAA* -k*AAAAAAkAAAAAAAAk*AAAA**
y
Originating Dept/Div: Person: , ' / I Date: ���9/
Project Review services AO (Sign cle:fly) John F. Madajewski
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAkAAAAAAk**AAAAk •4 *AAAAAAAAA*******AAAAAAAk
Petition No. ,(If none, give brief description): Environmental Advisory Board (EAB) Ordinance
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA.IAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAkAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Petitioner: (Name & address): Collier County
Name & Address of any persons(s) to be notified by Clerk's Office:
(If more space needed, attach separate sheet)
•
Hearing before: X ,XBCC G BZA =70ther
**A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A k*A A A A A A A A A A A A k A A A A A A A A A A A A A AA
Requested hearing date: `J/3Q/ /c/ Based on advertisement appearing3O days before hearing.
Newspaper(s) to be used: (Complete only if important C:7, Q Naples Daily News
or legally required C') Q Other
**AAA AAAA AAAAAAAA AAAAA AA A AA A A*AAAAAAA AAAAAA**k**-*AAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAA*k*M*AAAAAAA AAA AAA AA AAAAA AA AA
Proposed Text: (Include legal description & common location & size): See Attached page .
Companion petition(s), if any, & proposed hearing date: NUN r
*****AAAAAA**AAAAAAAAAk*AAAAA AAA AA A AA AA AA A Ak****AAAAAA****
Does Petition Fee Include Advertising Cost? Yes 1---7 No MC If yes, what account should be charged
for advertising costs //?— / cf75p — ,4fr/iO
*A-*A A A A A A A A A A A A A A A A A A A A A A A A A*k**A A A A A At A A A A A A A A A***
Reviewed by: Approved by:
Division Head , . • Date 6/10)01 ! County Manager Date 6 if
Frank :rut
List Attachments:(1) ordinance No: 91- ,
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA***AAAAAAAA AAAAAAAAA
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: '-
Q County Manager agenda file; [:=7 Requesting Division; Q Original to Clerk's Office
B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy
for file.
*AA A AAA A A A A A A A A A A A AA AA AA AA kirk**AAA AA A A A A**-k'k******A A A A AA *A A A A AA A A A A AAA A A*AAA AIAA^
FOR CLERK'S OFFICE USE ONLY
Date Received Date Advertised Date of P.H.
EXECUTIVE SUMMARY
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL
ADVISORY BOARD.
OBJECTIVE:
That the Board of County Commissioners consider adoption of
an ordinance to create an Environmental Advisory Board
through the consolidation of the existing Environmental
Advisory Council and the Water Management Advisory Board.
CONSIDERATIONS:
1. The Development Services Department (Project Review
Services Section) was directed by the Collier County
Board of Commissioners on November 27, 1990 to develop an
Ordinance to create the Environmental Advisory Board
(EAB) which will replace the two existing advisory
boards, the Environmental Advisory Council and the Water
Management Advisory Board.
2 . The merger of the two advisory boards into one
Environmental Advisory Board (EAB) would eliminate both
the fragmentation of the County's natural resource review
and the unnecessary duplication involved in the
presentation of land development projects to members of
both advisory boards. The content and scope of review
contained in the proposed ordinance was reviewed and
finalized during workshops with each of the existing
advisory boards.
3 . Collier County Development Services Department is staffed
with a sufficient number of professionally qualified
review staff reducing the need for appointed advisory
boards to duplicate administrative reviews.
4 . Collier County Ordinance No. 77-66 provides for the EAC
to function as an appeals board for Environmental Impact
Statements.
5. Collier County Ordinance No. 86-41 has established
standards for the creation of advisory boards and
qualifications for membership and process of
appointments.
6. The ordinance has been prepared by staff and reviewed and
approved by the County Attorney's Office to be legally
sufficient for the chairman to execute. The proposed
ordinance is attached.
FISCAL IMPACT:
There are costs associated with the implementation of the EAB
Ordinance. These costs will be: staff time for preparation
of reports, mailing fees, and preparation of minutes of
meetings. An actual reduction in costs will occur by
abolishing the two advisory boards. The identified costs
will now only be attached to one advisory board rather than
two and have been budgeted by the Development Services
Department. The estimated expenses for FY91/92 are $3000. 00.
GROWTH MANAGEMENT IMPACT:
The Environmental Advisory Board Ordinance will assist the
purpose of the Growth Management Plan of protecting the
County's natural resources during the development review
process by streamlining the requirements and procedures of
this process.
RECOMMENDATION:
Staff recommends the Board of County Commissioners adopt the
attached ordinance which establishes the Collier County
Environmental Advisory Board.
PREPARED BY:O
�pGt , e i` z 4//d/
EARLENE M. WEBER DATE
SECRETARY II
REVIEWED BY:
QpL -
J N F. DAJEWS g , P. E. D 619/
TE
P JECT REVIEW Sa•VICES MANAGER
%-' .__\ 4,SiS ---- 6 //o/i( .
DAVID P."P.\4DETTROW DATE
DEVELOPMENT SERVICES DEPARTMENT DIRECTOR
%--- a
W------ g/Pfi/
FRANK W.�
TT DATE
COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR
JFM/ew - 6/10/91
Attachment
-2-
ORDINANCE NO. 91-
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING
THE WATER MANAGEMENT ADVISORY BOARD AND THE
ENVIRONMENTAL ADVISORY COUNCIL; PROVIDING FOR
AUTHORITY, FUNCTIONS, POWERS AND DUTIES;
PROVIDING FOR MEMBERSHIP; PROVIDING FOR
OFFICERS AND SUPPORT STAFF; PROVIDING FOR
MEETINGS, QUORUM, RULES OF PROCEDURE;
PROVIDING FOR SCOPE OF LAND DEVELOPMENT
PROJECT REVIEWS; PROVIDING FOR LIBERAL
CONSTRUCTION; PROVIDING FOR REPEAL OF COLLIER
COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND
SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO.
74-50; AMENDING COLLIER COUNTY ORDINANCE NO.
77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT
OF EXPENSES; PROVIDING FOR REVIEW PROCESS;
PROVIDING FOR CONFLICT AND SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted Collier
County Ordinance No. 74-50 as amended by Collier County Ordinance
No. 87-97 creating the Water Management Advisory Board (WMAB) to
review proposed projects and to advise the Board on the impacts of
such projects on the land and water resources and environmental
quality of Collier County; and
WHEREAS, the Board of County Commissioners created the
Environmental Advisory Council (EAC) on February 10, 1970 to
collect biological, hydrological and geological facts affecting
Collier County in order to advise the Board on matters concerning
air, land and water pollution as an aid to proper zoning and the
preservation of the environment; and
WHEREAS, the EAC and the WMAB exhibit overlapping areas of
responsibilities because they are both directed to advise the
Board on matters affecting the conservation and maintenance of the
County's natural resources; and
WHEREAS, the existence of two advisory boards, one to review
environmental quality matters, the other to review water
management matters, creates an unnecessary duplication in closely
related natural resource functions and features; and
WHEREAS, the merger of the two advisoryboards into one
Environmental Advisory Board (EAB) would eliminate both the
Words underlined are 'additions; Words strnek-through are deleted.
- 1 -
fragmentation of the County's natural resource review and the
unnecessary duplication involved in the presentation of land
development projects to members of both advisory boards; and
WHEREAS, Objective 3 and Policies 3.1 and 3.2 of the Future
Land Use Element of the Collier County Growth Management Plan
address improvements to the efficiency and effectiveness in the
land use regulatory process through a streamlining of requirements
and procedures and commitment to reorganize the County's
development review process; and
WHEREAS, the creation of the Collier County Development
Services Department with a sufficient number of professionally
qualified review staff reduces the need for appointed advisory
boards to duplicate administrative reviews; and
WHEREAS, Collier County Ordinance No. 77-66 provides for the
EAC to function as an appeals board for Environmental Impact
Statements; and
WHEREAS, Collier County Ordinance No. 86-41 has established
standards for the creation of advisory boards and qualifications
for membership and process of appointments;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that:
SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD;
ABOLISHMENT OF THE WMAB AND EAC.
A. There is hereby established "The Environmental Advisory
Board" which shall herein be referred to as the EAB.
B. The Environmental Advisory Council (EAC) and the Water
Management Advisory Board (WMAB) are hereby abolished as of one
hundred eighty (180) days after the effective date of this
Ordinance or the first meeting of the Environmental Advisory Board
(EAB) , whichever occurs earlier. At the date and time of the
first meeting of the EAB as provided herein all matters then still
pending before the EAC and WMAB ipso facto shall be transferred to
the EAB and shall be the first matters of consideration by the
EAB.
Words underlined are additions; Words strtiek-through are deleted.
- 2 -
SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES.
A. The EAB obtains its jurisdiction, powers, and limits of
authority from the Board of County Commissioners, hereinafter
referred to as the Board, and pursuant to this Ordinance, shall
act in an advisory capacity to the Board in matters dealing with
the review and evaluation of specific zoning and development
petitions and their impact on the regulation, control, management,
use or exploitation of any or all natural resources of or within
Collier County.
B. The EAB will function to:
1. Review and recommend stipulations addressing the
preservation, conservation, protection, management and
beneficial use of the County's physical and biological
natural resources (atmospheric, terrestrial, aquatic and
hydrologic) for petitions and/or plans for selected
development orders, including but not limited to Rezones,
Developments of Regional Impact, Provisional Uses,
Subdivision Master Plans and Planned Unit Development
Amendments that are directed to the EAB by County staff, the
Board or the provisions of this Ordinance.
C. The powers and duties of the EAB are as follows:
1. Implement the provisions of the Conservation and
Coastal Management Element of the County's Comprehensive Plan
during the review process for development petitions and/or
plans.
2. Participate in the review and recommendation process
for excavations as provided for in Collier County Ordinance
No. 88-26, as amended.
3. Assist in the implementation of any new programs,
ordinances and/or policies created through the Environmental
Policy Technical Advisory Board and adopted by the Board of
County Commissioners which deal with the conservation,
management and protection of air, land, water and natural
resources and environmental quality in Collier County.
Words underlined are additions; Words struek-through are deleted.
- 3 -
4. Provide an appeals forum and process to hear
disputes between County staff and applicants concerning land
development projects and recommend proposed stipulations for
project approval or grounds for project denial for Board
consideration.
5. Function as an Environmental Impact Statement (EIS)
appeal board pursuant to Collier County Ordinance No. 77-66.
SECTION THREE: MEMBERSHIP.
A. Seven (7) members of the EAB shall be appointed by and
serve at the pleasure of the Board. Appointment to the EAB shall
be by resolution of the Board and shall set forth the date of
appointment and the term of office.
B. Vacancies on the EAB shall be publicized in a
publication of general circulation within the County, and vacancy
notices shall be posted in the County libraries and County
Courthouse. Along with the applicant responses, the Board's staff
shall provide the Board with a list outlining the qualifications
and demographic background of each candidate, including the
present members seeking reappointment.
C. Members shall be permanent residents and electors of
Collier County and should be reputable and active in community
service.
D. The primary consideration in appointing EAB members
shall be to provide the Board with technical expertise necessary
to effectively accomplish the EAB's purpose. Members shall
demonstrate evidence of expertise in one or more of the following
areas related to environmental protection and natural resources
management: Air Quality, Biology (including any of the
sub-disciplines such as botany, ecology, zoology, etc.) , Coastal
Processes, Estuarine Processes, Hazardous Waste, Hydrogeology,
Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution
Control, Solid Waste, Stormwater Management, Water Resources,
Wildlife Management, or other representative areas deemed
Words underlined are additions; Words struck-through are deleted.
- 4 -
appropriate by the Board such as, but not limited to, a
representative of the development community.
E. The initial terms of office of the members of the EAB
shall be as follows:
1. Two (2) members will serve until September 30, 1992;
2. Two (2) members will serve until September 30, 1993;
3. Two (2) members will serve until September 30, 1994;
4. One (1) member will serve until September 30, 1995.
After the initial term of appointment, each appointment or
reappointment shall be for a term of four (4) years. All terms of
office shall expire on the 30th day of September. Terms of office
shall be limited to one term unless waived by the Board by a
unanimous vote. A member may reappointed by the Board for only
one (1) successive term and shall apply with other applicants.
Terms shall be staggered so that no more than a minority of such
members' appointments will expire in any one (1) year.
F. Any member of the EAB may be .removed from office by a
majority vote of the Board.
G. Members shall be automatically removed if they are
absent from two consecutive meetings without a satisfactory excuse
or if they are absent from more than one-fourth of the meetings in
a given fiscal year. Members shall be deemed absent from a
meeting when they are not present during at least 75% of the
meeting.
SECTION FOUR: OFFICERS AND SUPPORT STAFF.
A. The officers of the EAB shall be a Chairman and a
Vice-Chairman. Officers' terms shall be for one (1) year, with
eligibility for re-election. The Chairman and Vice-Chairman shall
be elected by a majority vote at the organizational meeting and
thereafter at the first regular meeting of the EAB in October of
each year.
B. The Chairman shall preside at all meetings of the EAB.
The Vice-Chairman shall perform the duties of the Chairman in the
absence or incapacity of the Chairman. In case of the removal,
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resignation or death of the Chairman, the Vice-Chairman shall
perform such duties as are imposed on the Chairman until such time
as the EAB shall elect a new Chairman. Should the offices of
Chairman and/or Vice-Chairman become vacant, the EAB shall elect a
successor from its membership at the next regular meeting. Such
election shall be for the unexpired term of said office.
C. Professional support staff for the EAB shall be provided
by the Project Review Services Section of the Development Services
Department and such other County staff from elsewhere within the
County Government as may, from time to time, be requested by the
EAB and deemed necessary by the County Manager.
SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE.
A. Regular meetings of the EAB shall be held on the 1st
Wednesday of each month at 9:00 a.m., in the Commissioner's
Meeting Room, 3rd Floor, Building "F", Collier County Government
Complex, Naples, Collier County, Florida. Special meetings of the
EAB may be called by the Chairman or by a majority of the
membership.
B. A simple majority of the appointed members of the EAB
shall constitute a quorum for the purpose of conducting business.
An affirmative vote of four (4) or more members shall be necessary
in order to take official action, regardless of whether four (4)
or more members of the EAB are present at a meeting.
C. The EAB shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a record of meetings, resolutions,
findings and determinations. The EAB may establish subcommittees
comprised solely of its membership to facilitate its functions.
Meetings of the subcommittees shall conform to the same public
notice requirements as that of the EAB.
D. At the regular meetings of the EAB, the following shall
be the order of business:
1. Roll Call
2. Approval of the Minutes of Previous Meeting
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3. Old Business
4. New Business
5. Public Comments
6. Adjournment
Items shall come before the EAB as scheduled on the Project Review
Services support staff prepared agenda unless a specific request
arises which justifies deviation by the EAB.
SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS.
The Environmental Advisory Board shall review all land
development petitions which require an Environmental Impact
Statement (EIS) , all Developments of Regional Impact (DRI) , lands
with Special Treatment (ST) or Area of Critical State
Concern/Special Treatment zoning overlays, areas of the County
covered by interlocal agreements, any petitions which cannot be
resolved between the applicant and staff and which is requested to
be heard by the the Environmental Advisory Board by either party
and any petition which requires approval of the Collier County
Planning Commission or the Board of County Commissioners and staff
receives a request for the petition to be heard by the
Environmental Advisory Board from the chairman of the
Environmental Advisory Board or chairman of the Board of County
Commissioners.
SECTION SEVEN: LIBERAL CONSTRUCTION.
The provisions of this Ordinance shall be liberally construed
to effectively carry out its purpose in the interest of the public
health, safety, welfare and convenience.
SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97.
Collier County Ordinance No. 87-97 is hereby repealed in its
entirety.
SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66.
Section Ten (10) , Collier County Ordinance No. 77-66 is
hereby amended as follows:
Any person aggrieved by the decision of the County Manager
regarding any section of this ordinance may file a written request
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for appeal, not later than ten (10) days after said decision, with
the Environmental Advisory eeane#1 Board. The Environmental
Advisory eonneil Board will notify the aggrieved person and the
County Manager of the date, time and place that such appeal shall
be heard; such notification will be given twenty-one (21) days
prior to the hearing unless all parties waive this requirement.
The appeal will be heard by the Environmental Advisory eeaneil
Board within sixty (60) days of the submission of the appeal. Ten
(10) days prior to the hearing the aggrieved person shall submit
to the Environmental Advisory eeunei? Board and to the County
Manager copies of the data and information he intends to use in
his appeal. Upon conclusion of the hearing the Environmental
Advisory eettneiI Board will submit to the Board of County
Commissioners their its facts, findings and recommendations. The
Board of County Commissioners, in regular session, will make the
final decision to affirm, overrule or modify the decision of the
County Manager in light of the recommendations of the
Environmental Advisory eonneiI Board.
SECTION TEN: REIMBURSEMENT OF EXPENSES.
Members of the EAB shall serve without compensation, but
shall be entitled to receive reimbursement for expenses reasonably
incurred in the performance of their duties upon prior approval of
the Board of County Commissioners.
SECTION ELEVEN: REVIEW PROCESS.
This Board shall be reviewed for major accomplishments and
whether the Board is serving the purpose for which it was created
once every four (4) years commencing with 1995, in accordance with
the procedures contained in Collier County Ordinance No. 86-41.
SECTION TWELVE: CONFLICT AND SEVERANCE.
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,
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distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THIRTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this day of , 1991.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA
By:
PATRICIA ANNE GOODNIGHT, Chairman
Approved as to form and
legal sufficiency:
avid C.
Wei el
Assistant County ttorney
ord/dw/kn/2913
•
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