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Agenda 01/13/2015 Item #16D10 1/13/2015 16.D.10. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an ordinance amending the Conservation Collier Ordinance,to reduce the number of members on the Advisory Committee from nine to seven and the quorum requirements from five to four members when not in an active acquisition phase. OBJECTIVE: To allow the Conservation Collier Land Acquisition Advisory Committee (the "CCLAAC")to continue to function with reduced membership. CONSIDERATIONS: The Conservation Collier Ordinance, 2007-65, as amended, Section 8.2 requires that the Land Acquisition Advisory Committee be composed of nine members. Section 8.4, defines a quorum as the presence of five or more members. Currently,the Land Acquisition Advisory Committee is comprised of 4-four members, with one set to end his term in February 2015. Vacant seats for this Committee have been advertised since July 2014 with two applications recently received but one subsequently withdrawn. At present,the Committee does not have a quorum to continue meeting. This ordinance amendment would reduce the number of members on the CCLAAC by two, when the committee is not in an active acquisition phase, and allow for a smaller group(one less than currently)to function as a quorum in making land management and program recommendations for the Conservation Collier Program during periods where no active acquisition is occurring and lapd management and programs are the focus. If a nine member Advisory Committee is maintained with vacancies, a quorum becomes harder to achieve. With quarterly meeting schedules, having a quorum for each meeting is very important in order to address program business. If the Conservation Collier Program is reauthorized for general acquisition under a future referendum,the CCLAAC would automatically expand back to nine members. If in the future acquisition is again halted, natural term limits can be used to bring the CCLAAC back to seven members to again focus on land management and programs. FISCAL IMPACT: The approximate advertising cost for an ordinance amendment is $360. Funds are budgeted in the Conservation Collier Land Management Fund(174). GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval.—JAB RECOMMENDATION:, That the Board of County Commissioners direct the County Attorney to advertise, and bring back for a public hearing, an ordinance reducing the membership of the Conservation Collier Land Acquisition Advisory Committee to seven members with a five person quorum,when not in an active acquisition phases. Prepared by:Alexandra J. Sulecki,Principal Environmental Specialist Packet Page-1438- 1/13/2015 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an ordinance amending the Conservation Collier Ordinance,to reduce the number of members on the Advisory Committee from nine to seven and the quorum requirements from five to four members when not in an active acquisition phase. Meeting Date: 1/13/2015 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach &Water 12/10/2014 8:31:18 AM Submitted by Title: Environmental Specialist, Principal,Conservation Collier Name: SuleckiAlexandra 12/10/2014 8:31:19 AM Approved By Name: WilliamsBarry Title:Director-Parks&Recreation,Parks &Recreation Date: 12/10/2014 9:58:44 AM Name: WashburnIlonka Title: Manager-Park Operations, Parks&Recreation Date: 12/11/2014 8:44:31 AM Name: TownsendAmanda Title: Director-Operations Support, Public Services Division Date: 12/16/2014 2:12:20 PM Name: OlsonNancy Title:Regional Manager-Parks &Recreation,Beach&Water Date: 12/23/2014 1:05:35 PM Packet Page -1439- 1/13/2015 16.D.10. Name: CarnellSteve Title: Administrator-Public Services, Public Services Division Date: 12/23/2014 3:01:29 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/30/2014 2:02:03 PM Name: KlatzkowJeff Title: County Attorney. Date: 12/30/2014 2:42:01 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 12/31/2014 10:33:19 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 12/31/2014 3:04:46 PM Packet Page-1440- 1/13/2015 16.D.10. ORDINANCE NO. 2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63, AS AMENDED, KNOWN AS THE CONSERVATION COLLIER IMPLEMENTATION ORDINANCE, IN ORDER TO MODIFY THE NUMBER OF MEMBERS OF THE LAND ACQUISITION ADVISORY COMMITTEE AND QUORUM REQUIREMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized a levy of 0.25 mill ad valorem property tax for a period of not to exceed 10 (ten years, for acquisition, protection, restoration, and, management of environmentally sensitive lands in Collier County for the benefit of present and future generations; and WHEREAS, accordingly, the Board of County Collier County Commissioners (Board) adopted Ordinance No. 2002-63, The Conservation Collier Implementation Ordinance, which established the Conservation Collier Program and its Land Acquisition Advisory Committee; and WHEREAS, the Board wishes to amend Section 8 of The Conservation Collier Implementation Ordinance in order to modify the number of Advisory Committee Members that make up the Land Acquisition Advisory Committee and the number of Advisory Committee Members required for a quorum. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION 8 OF ORDINANCE NO. 2002-63, AS AMENDED. Section 8 of Ordinance No. 2002-63, as amended, is hereby amended as follows: Section 8 - Land Acquisition Advisory Committee. 1. Appointment and Composition. The land acquisition advisory committee shall be composed of nine (9) members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended. When active acquisition phases are not inplace,the Land Acquisition Advisory Committee shall be composed of seven (7) members. Membership of The Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens, including. Words Underlined are added;Words Stfusleegh are deleted. Page I of 3 Packet Page -1441- 1/13/2015 16.D.10. a. Environmental land management, and conservation interests in Collier County. b. Agricultural and business interests in Collier County. c. Educational interests in Collier County, and d. General civic and citizen interests from throughout the county. Individual members of the land acquisition advisory committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A nominee shall submit to the Board of County Commissioners written evidence of his or her expertise, knowledge or interest in any of the above. The members of this committee should include representatives from different areas of Collier County. 4. Officers, Quorum and Rules of Procedure. At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers'terms shall be for a period of one (1) year, with eligibility for reelection. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business, unless active acquisition phases are not in place, in which case four (4) or more members shall constitute a quorum. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 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 Words Underlined are added;Words sl rough are deleted. Page 2 of 3 Packet Page-1442- 1/13/2015 16.D.10. or re-lettered 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 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 , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio, County Attorney op e Words Underlined are added;Words Sttsli-Thcough are deleted. Page 3 of 3 Packet Page -1443-