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Agenda 10/27/2015 Item #16H1
10/27/2015 16.H.1. EXECUTIVE SUMMARY Recommendation to appoint a member to the Collier County Planning Commission. OBJECTIVE: To confirm the appointment for the representative of the District School Board of Collier County, Florida, to the Collier County Planning Commission, to a four-year term expiring on October 1, 2019. CONSIDERATIONS: This 7 member quasi-judicial committee was created by authority of Chapter 67-1246, Laws of FL. Ordinance 13-50 amended Ordinance 09-29, thus changing membership to represent five planning commissioners selected by commission district and two members with environmental expertise. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms shall be for not less than two years nor more than four years. A list of the current membership is included in the backup. Pursuant to Section 163.3174, Florida Statutes, the Collier County Planning Commission must include a nonvoting member appointed by the District School Board of Collier County. Mr. Thomas Eastman's term expired on October 1, 2015, and he has been recommended for reappointment. • Thomas Eastman,Director,Interagency, Real Property & Regulatory Coordination SCHOOL BOARD RECOMMENDATION: At its regular meeting on October 13, 2015, the District School Board of Collier County approved the reappointment of Thomas Eastman as its non-voting representative on the Collier County Planning Commission, to a four-year term expiring on October 1, 2019. The approved School Board agenda item is included in the backup. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners confirm the reappointment of Thomas Eastman to the Collier County Planning Commission to serve a four-year term expiring on October 1, 2019, and directs the County Attorney to prepare a resolution confirming the reappointment. PREPARED BY: Jeffrey A. Klatzkow, County Attorney AGENDA DATE: October 27, 2015 Packet Page-1435- 10/27/2015 16.H.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.1. Item Summary: Recommendation to appoint a member to the Collier County Planning Commission. Meeting Date: 10/27/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 10/15/2015 12:38:50 PM Submitted by Title: County Attorney, Name: KlatzkowJeff 10/15/2015 12:38:52 PM Approved By Name: DurhamTim Title:Executive Manager of Corp Business Ops, Date: 10/15/2015 5:09:54 PM Name: BellowsRay Title: Manager-Planning, Zoning Date: 10/15/2015 6:30:03 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/16/2015 8:16:32 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 10/16/2015 8:59:25 AM Name: CasalanguidaNick Packet Page -1436- 10/27/2015 16.H.1 . Title: Deputy County Manager, County Managers Office Date: 10/16/2015 4:28:43 PM Packet Page -1437- 10/27/2015 16.H.1. , RodriguezWanda From: Eastman, Thomas[EastmaTh©collierschools.com] lent: Wednesday, October 14, 2015 8:26 AM a: RodriguezWanda Cc: AshtonHeidi; heidiashston @colliergov.net; Otero, Rhosie Subject: FW: Reappointmemt-CCPC Attachments: 20151014082232915.pdf Follow Up Flag: Follow up Flag Status: Flagged Wanda, Last night on the Consent Agenda,the School Board approved me to continue as the School District's representative on the Planning Commission. Please see attached Executive Summary. Thanks Thomas Eastman Director, Interagency, Real Property&Regulatory Coordination Collier County Public Schools 5775 Osceola Trail I Naples, FL 34109 p: 239.377.0267 I f: 239.377.0501 eastmath@collierschools.com The District School Board of Collier County, Florida intends that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Thomas 7astman immediately at the phone number listed above. Thank you. Original Message From: Rhosie Otero [mailto:oterorh @collierschools.com] Sent: Wednesday, October 14, 2015 8:23 AM To: Eastman, Thomas Subject: Reappointmemt- CCPC This E-mail was sent from "RNPE37F84" (Aficio MP C4000). Scan Date: 10.14.2015 08:22:32 (-0400) Queries to: mfp-smtp @collierschools.com Pursuant to School Board policy and administrative procedures,this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy. Packet Page-1438- I 10/27/2015 16.H.1. BoardDoes®Pro Page 1 of 1 Pal,scru+, a" Agenda Item Details Meeting Oct 13, 2015 - Regular School Board Meeting Category Consent Agenda - Legal Services Subject D1 Reappointment of School District Representative to the Collier County Planning Commission Access Public Type Action (Consent) Recommended Approve D1 Reappointment of School District Representative to the Collier County Planning Action Commission Public Content FEDERAL STATUTE: n/a FLORIDA STATUTE: 163,3174 SCHOOL BOARD POLICY: n/a EXECUTIVE SUMMARY: The purpose of the agenda Item is to seek the District School Board of Collier County, Florida's (the "School Board") approval of a School District representative to serve as a non-voting member on the Collier County Planning Commission (the "CCPC"). The School Board's approval of the representative is required by Florida Statutes Section 163.3174. The role of CCPC is to review and provide recommendations on land development proposals to the Collier County Board of County Commissioners. The School Board's representative shall be responsible to review and analyze comprehensive plan amendments, rezoning and development applications that would, if approved, increase residential density In Collier County resulting in potential Impacts to existing and planned public school capacity. Staff suggests reappointment Thomas Eastman, the School District Director of Interagency, Real Property and Regulatory Coordination, as the School District's representative on the CCPC for a term of four(4) years terminating on October 1, 2019. LEGAL APPROVAL: The Item was reviewed and approved by Jon Fishbane, District General Counsel, on September 14, 2015. CONTACT: Jon Fishbane, District General Counsel (239) 377-0499 f) D1 101315 FlorldaStatute163.3174 Flnal.t df(224 KB) https://www.boarddocs.com/fl/collier(Board.n Packet Page -1439- 10/5/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 10/27/2015 16.H.1. Select Year: 2015 u Go The 2015 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3174 Local planning agency.— (1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shall designate and by ordinance establish a "local planning agency," unless the agency is otherwise established by law. Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in each municipality and county shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. However, this subsection does not prevent the governing body of the local government from granting voting status to the school board member. The governing body may designate itself as the local planning agency pursuant to this subsection with the addition of a nonvoting school board representative. All local planning agencies shall provide opportunities for involvement by applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommendations to the governing body regarding the adoption or amendment of the plan. The agency may be a local planning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of local government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however: (a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law. (b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the charter. (2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be performed by each such local planning agency. (3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be Packet Page-1440- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute... 10/15/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 10/27/2015 16.H.1 . charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved. (4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shalt be the responsibility of the local planning agency. (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan required by s. 163.3191. (c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission. (d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law. (5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records. History.—s. 6, ch.75-257; s. 1,ch. 77-223; s. 5, ch. 85-55; s. 2, ch. 92-129; s. 9, ch.95-310; s. 9, ch. 95-341; s. 1, ch. 2002-296;s. 10, ch. 2011-139; s. 2, ch. 2012-99. Copyright©1995-2015 The Florida Legislature • Privacy Statement • Contact Us Packet Page-1441- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute... 10/15/2015 10/27/2015 16.H.1. • Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Thomas G. Eastman )377-0245 11/13/07 10/01/11 4 Years 5775 Osceola Trail 0 277-0267 4/10/12 10/1/15 4 Years Naples, FL 34109 E-Mail: eastmath @collierschools.com District: Category:Non-voting School Board Rep. (163.3174 F.S.) Ms. Karen Joyce Homiak 774-4264 09/24/13 10/01/14 1 Year 4613 Long Key Ct. 774-4264 09/09/14 10/01/18 4 Years Naples, FL 34112 E-Mail: karenhomiak @colliergov.net; ARWKJH @aol.com District: 1 Category:Commission District Mr. Andrew Ignatius Solis )390-1900 07/07/15 10/01/16 1 Year 6843 Lantana Bridge Rd., #201 )595-9502 Naples, FL 34109 E-Mail: asolis @cohenlaw.com District: 2 Category:Commission District Ms. Charlette Roman 09/24/13 10/01/15 2 Years 348 Colonial Avenue 39) 394-5416 09/08/15 10/01/19 4 Years Marco Island, FL 34145 E-Mail: charletteroman @colliergov.net District: 1 Category:Environmental Mr. Mark P. Strain 39) 252-4446 09/24/13 10/01/16 3 Years 3675 Third Ave. N.W. 39)455-7858 Naples, FL 34120 E-Mail: markstrain @colliergov.net District: 5 Category:Commission District Thursday, October 15,2015 Page 1 of 3 Packet Page-1442- 10/27/2015 16.H.1 . Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term VACANT VACANT 10/01/16 3 Years Naples, FL 34103 E-Mail: District: 4 Category:Commission District Ms. Diane K. Ebert 39)404-9265 09/24/13 10/01/14 1 Year 2898 Lone Pine Lane 593-1103 09/09/14 10/01/18 4 Years Naples, FL 34119 E-Mail: dianeebert@colliergov.net;jodiebert@reagan.com District: 3 Category:Commission District Mr. Stanley P. Chrzanowski 09/24/13 10/01/15 2 Years 2504 Sailors Way 39) 598-0942 09/08/15 10/01/19 4 Years Naples, FL 34109 E-Mail: stanchrzanowski @colliergov.net District: 2 Category:Environmental Thursday,October 15,2015 Page 2 of 3 Packet Page -1443- 10/27/2015 16.H.1 . Collier County Planning Commission Name Work Phone Appt'd Exp.Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member quasi-judicial committee was created by authority of Chapter 67-1246, Laws of FL. The Planning Commission assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. The Board of County Commissioners also gave the Planning Commission the power and duty of serving as the County's Environmental Advisory Council under Ordinance No. 2009-32. There shall be one member from each of the five County Commission Districts, and two at-large environmental members. Planning Commission Candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two at-large environmental members can be nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment or reappointment. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms shall be for not less than two years nor more than four years. Pursuant to Section 163.3174, F.S., the Collier County Planning Commission must include a nonvoting member appointed by the District School Board of Collier County. Ordinances: 09-29, 09-35, 13-50 FL STAT: 163.3174 Staff Ray Bellows, Zoning Manager: 252-2463 Thursday,October 15,2'015 Page 3 of Packet Page-1444-