Agenda 06/25/2013 Item #16K1Proposed Agenda Changes
Board of County Commissioners Meeting
June 25, 2013
Move Item 16K1 to Item 12A: Recommendation to direct the County Attorney
to advertise two ordinances which would effectively merge the Environmental
Advisory Council (EAC) into the Collier County Planning Commission (CCPC).
(Commissioner Nance and Commissioner Fiala's separate requests)
Add On Item 10J: Recommendation for the Board of County Commissioners
to consider authorizing the Chairwoman to send a letter to regulatory agencies
responsible for the permitting and regulation of Oil Exploration and Oil Well
Extraction operations in Collier County. (Commissioner Nance's request)
Withdraw Item 16D4: Recommendation to approve a budget amendment
recognizing and appropriating $128,900 of unbudgeted carryforward in the
Museum operating fund. (Staffs request)
Withdraw Item 16G1: This item continued from the June 11, 2013 Meeting.
Recommendation to approve the attached Standard Form Lease Agreement
between Southern Illinois Custom Aerial, LLC and the Collier County Airport
Authority for improved property at the Immokalee Regional Airport. (Airport
Authority staff request)
Note:
Item 16G2 Temporary Commercial Aeronautical Use Agreement, third sentence of
paragraph 5 should read: "Hazardous materials, other than those that are incorporated
in the test payloads as identified in BAE Systems letter dated May 1, 2013, are strictly
prohibited." (Airport Authority staff request)
Time Certain Items:
Item 11B to be heard at 11:00 a.m.
Item 13A to be heard at 11:30 a.m.
Item 10G to be heard at 1:30 p.m.
6/25/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise two ordinances which would
effectively merge the Environmental Advisory Council (EAC) into the Collier County ,
Planning Commission (CCPC).
OBJECTIVE: To merge the EAC into the CCPC and thereby increase efficiencies of
operations.
CONSIDERATIONS: On May 14, 2013, under agenda item l OF, the BCC provided a directive
to abolish the EAC and amend the Collier County Planning Commission Ordinance to (1) absorb
the responsibilities of the EAC; and (2) change the membership composition of the Collier
County Planning Commission from 9 members to 7, with a single member from each
Commission District, plus two at -large members. A copy of that Executive Summary and Board
discussion is attached.
This directive and draft Ordinances to modify each advisory board as such was presented to the
EAC on June 5h and the CCPC on June 6`" for public discussion and recommendation from each.
Below is the recommendation of each board, as provided by staff.
EAC — Recommendation from the 6 -5-13 Public Hearin
1. If it is determined the Environmental Advisory Council should continue to function, their
role is expanded to allow for a more comprehensive environmental review of land development
applications.
2. If it is determined the Environmental Advisory Council should be consolidated with the
Collier County Planning Commission, the following is recommended:
a) The membership be balanced with adequate environmental representation (i.e.; if the CCPC
is comprised of 7 members, 3 members be environmentally qualified; if it is comprised of 9
members, 4 members be environmentally qualified),
b) The minimum qualifications for an environmental member are expertise in surface /ground
water quality and threatened/endangered species as well as knowledge of other environmental
agency's regulations.
c) The CCPC have a strong focus on implementing the Watershed Management Plan.
d) The purpose of the consolidation should not be to "speed up development, " but to
protect the environment , and the County's natural. resources and look at projects
comprehensively.
e) Adequate Staff be dedicated to perform an environmental review of land development
applications and made available to provide input at any CCPC hearings.
fi Any CCPC Staff reports prepared for,land development applications should contain
a section dedicated to environmental review
g) Require any cases heard by the Hearing Examiner to be reviewed by County
Environmental Staff with input at the hearing as necessary.
h) Any proposals for consolidation of the two bodies are vetted by the EAC.
The motion carried unanimously 5 — 0.
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CCPC Recommendation from the 6 -6-13 Public Hearine
That the CCPC membership be comprised of nine members, with one representative from each
Commission District, one member from the Immokalee Urbanized area and three at large
members with appropriate environmental qualifications.
The motion carried unanimously 5 -0
GROWTH MANAGEMENT IWACT: There is no growth management impacts associated
with this item.
FISCAL IWACT: Consolidating these two boards will result in the County experiencing a
savings in staff time and costs and will create a more efficient operation. The approximate cost
to advertise the two ordinances is $350.00.
LEGAL CONSIDERATIONS: The EAC is not required by State Law, and as such its
continued existence is at the pleasure of the Board.
The County Attorney prepared the proposed two ordinance amendments. The first ordinance
amendment is to the EAC ordinance. The amendment preserves the functionality of the EAC,
but designates the CCPC to sit as the EAC. The purpose of preserving the functionality portion
of the EAC Ordinance was to avoid massive changes to both the Comprehensive Growth
Management Plan and the LDC. It was also structured this way to allow the BCC to later change
its mind, and reconstitute the EAC as a separate body by simple ordinance amendment, without
having to change either the GMP or the LDC.
The second proposed ordinance amendment is to the CCPC ordinance. The amended ordinance
specifically authorizes the CCPC "To sit as the County's Environmental Advisory Council and
exercise all powers and duties under Ordinance 2009 -32, as amended from time to time." The
proposed amendment also reflects the Planning Commission's recommendation to change its
membership as follows:
Appointment. The Planning Commission shall be composed of 9 members to be appointed
by the BCC. Of . these nine members, there shall. be one - member from each of the five
County Commission Districts ` one member from the Immokalee Urbanized Area, and three
at -large environmental members. Planning Commission Candidates for the five County
Commission District seats Planning Gefflfflissi6 must be nominated by the Commissioner
of the District in which the candidate resides for both initial and subsequent terms. The
three at -large environmental members are expected to provide the Planning Commission
with technical expertise on environmental matters, and shall demonstrate evidence of
expertise in l or more- of the following areas related to environmental protection and
natural resources management: air quality, biology (including _any of the subdisciplines
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 area deemed appropriate by the BCC.
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^ The language regarding the qualifications of the environmental members was cut - and -pasted
from the requirements for the technical members set forth in the current EAC Ordinance.
The proposed amendments were made to the Municode version of the ordinances. If directed to
advertise, the County Attorney will convert these into the Board's standard ordinance format.
With all that said, the proposed ordinance amendments are approved as to form and legality, and
require majority vote for approval. Should the Board approve this item, when it is advertised and
brought back it will be with the recommendation that the effective date be October 1, 2013. The
purpose of the delayed effective date would be to allow staff to advertise for the new CCPC
membership positions which would then allow the Board to reconstitute the CCPC in September.
RECOMMENDATION: That the Board directs the County Attorney to advertise the proposed
two ordinance amendments which would effectively merge the EAC into the CCPC.
Prepared By: Jeffrey A. Klatzkow, County Attorney
Attachments: Proposed amendment to EAC Ordinance
Proposed Amendment to CCPC Ordinance
Executive Summary — Item 10 -F — 5/14/13 BCC Meeting
Minutes - Item 10 -F of the 5/14/13 BCC Meeting
5/20/13 Email
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S�'y 6/25/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to bring back to the Board for its future
consideration an ordinance abolishing the Environmental Advisory Council, together with
an ordinance amending the Collier County Planning Commission Ordinance to (1) absorb
the responsibilities of the EAC; and (2) change the membership composition of the Collier
County Planning Commission from 9 members to 7, with a single member from each
Commission District, plus two at -large members.
OBJECTIVE: To reduce staff time and costs spent on land use matters by designating one
board to oversee and make land use recommendations to the Board of County Commissioners.
CONSIDERATIONS: There are currently two boards which review land use applications and
make recommendations to the Board of County Commissioners. They are the Environmental
Advisory Council (the "EAC ") and the Collier County Planning Commission (the "CCPC ").
The EAC is not required by Florida law. The CCPC, as the County's designated local planning
agency, is so required.
Consolidating these two boards will reduce County staff time spent preparing presentations and
answering the same questions before two advisory boards and will therefore permit staff to
operate more efficiently. The result is a quicker land use application process for the Board of
County Commissioners to the benefit of our constituents.
Currently, the CCPC includes two representatives from Commissioner Districts 1, 2, 3 and 5 and
one representative from District 4. Modifying the CCPC representative requirements to one
member in each of the five Commission districts plus two at -large members will create a more
inclusive membership.
FISCAL IMPACT: Consolidating these two boards will result in the County experiencing. a
savings in staff time and costs and will create a more efficient operation.
LEGAL CONSIDERATIONS: The EAC. is not required by State Law, and as such its
continued existence is at the pleasure of the Board. If the Board elects to abolish the EAC, the
County Attorney will prepare a draft ordinance for the Board to consider repealing the EAC
Ordinance (Ord. 09 -32 as amended), as well as a draft CCPC Ordinance amendment which will
at the very least fold the EAC's current duties into the CCPC, as well as incorporating any other
direction by the Board. This item has been reviewed by the County. Attorney, is legally
sufficient, and requires majority support for approval. -JAK.
RECOMMENDATION: That the Board of County Commissioners directs the County
Attorney to bring forth for consideration an Ordinance abolishing the Environmental Advisory
Council, and simultaneously present an amended CCPC Ordinance to absorb the EAC's
responsibilities and to modify the membership of the CCPC to be one representative per
Commissioner District plus two at -large members.
Prepared by: Commissioner Tom Henning, District 3
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6/25/2013 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to direct the County Attorney to advertise two
ordinances which would effectively merge the Environmental Advisory Council (EAC) into the
Collier County Planning Commission (CCPC).
Meeting Date: 6/25/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
6/14/2013 10:53:54 AM
Approved By
n
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/14/2013 4:31:22 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/17/2013 8:21:04 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/17/2013 8:29 :09 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/17/2013 10:07:38 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/17/2013 11:29:51 AM
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Sec. 2 -1191. - Establishment.
There is hereby established an Environmental Advisory Council ( "EAC "). The
EAC obtains its jurisdiction, powers, and limits of authority from the BCC and shall act
in an advisory capacity to the BCC in matters dealing with the regulation, control,
management, use, or exploitation of any or all natural resources of or within the County,
and the review and evaluation of specific zoning and development petitions and their
impact on those resources.
Sec. 2 -1192. - Purpose.
The EAC will function to:
(a) Advise on the preservation, conservation, protection, management, and
beneficial use of the physical and biological natural resources (atmospheric,
terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health,
and general well -being of the public;
(b) Advise and assist the County staff and the BCC toward developing the
purpose, intent, and criteria of all County ordinances, policies, programs, and
other initiatives dealing with natural resources;
(c) Provide written and oral reports directly to the BCC regarding
recommendations on matters dealing with the protection of natural resources; and n
(d) 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 that are directed to the
EAC by County staff, the BCC, or the provisions of the LDC.
Sec. 2 -1193. - Powers and Duties.
The powers and duties of the EAC are as follows:
(a) Identify, study, evaluate, and provide technical recommendations to the BCC
on programs necessary for the conservation, management, and protection of air,
land, and water resources and environmental quality in the County;
(b) Advise the BCC in establishing goals and objectives for the County's
environmental conservation and management programs;
(c) Advise the BCC in developing and revising, as appropriate, local rules,
ordinances, regulations, programs, and other initiatives addressing the use,
conservation, and preservation of the County's natural resources;
(d) Advise the BCC in the implementation and development of the GMP
regarding environmental and natural resource issues;
(e) Advise the BCC in identifying and recommending solutions to existing and
future environmental issues; �—
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(f) Serve as the technical advisory committee to advise and assist the County in
the activities involved in the development and implementation of the County
environmental resources management program as stated in the Collier County
GMP;
(g) Implement the water policy pursuant to the LDC;
(h) Provide an opportunity for public comment on environmental issues,
ordinances and programs;
(i) Implement the provisions of the Conservation and Coastal Management
Element of the Collier County GMP during the review process for development
petitions and/or plans;
0) Assist in the implementation of any new programs, ordinances, and/or policies
adopted by the BCC which deal with the conservation, management, and
protection of air, land, water, and natural resources and environmental quality in
the County;
(k) Provide an appellate 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 BCC
consideration;
(1) All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on undeveloped coastal barriers or in the Area of
Critical State Concern/Special Treatment (ACSC /ST) zoning overlay shall be
reviewed and a recommendation shall be made for approval, approval with
conditions or denial by the EAC. If the applicant chooses not to utilize the
optional preliminary subdivision plat process, the review and approval will occur
at the time of either the final plat and construction plans or the final plat.
(m) Scope of land development project reviews. The EAC shall review the
following:
(1) Any PUD that requests a deviation from environmental standards of
the LDC or any development order that requests a deviation from the
provisions identified in GMP CCME Policy 6.1.1 (13).
(2) Any petition for which environmental issues cannot be resolved
between the applicant and staff, and which is requested by either party to
be heard by the EAC.
(3) Any petition which requires a hearing by the Collier County Planning
Commission (CCPC) or the Board of County Commissioners (BCC), and
by vote of CCPC or BCC requires the petition to be reviewed by the EAC.
(4) Conditional Use (CU) petitions for commercial excavations which are
not part of an approved subdivision.
(5) Any CU or rezone for the following:
a. Undeveloped Coastal Barriers;
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b. Area of Critical State Concern/Special Treatment (ACSC /ST) �
zoning overlay, unless an exception or exemption pursuant to
section 4.02.14 LDC is granted;
c. RFMU District Sending Lands;
d. Coastal High Hazard Area where shoreline alteration or direct
impacts to mangroves (excluding mangrove trimming) is proposed;
e. Development with impacts to 500 or more - acres of native
vegetation (excluding impacts for environmental restoration).
(6) Any CU or rezone where the following listed or protected species have
been identified on -site within the last 5 years:
a. Active bald eagle nests or their nest protection zones;
b. Scrub jay;
c. Nesting crested caracara;
d. Red- cockaded woodpecker (RCW) or active RCW cavity trees;
e. Listed wading bird rookeries;
f. Burrowing owls
(n) Any petitioner may request a waiver of the EAC hearing requirement for
amendments to CU or rezones, where no further impacts or changes in location to
previously approved preserves or areas of retained native vegetation are proposed,
and no additional species in accordance with subsection (m)(6), (above) are
identified on -site.
(o) The surface water management aspects of any petition, that is or will be
reviewed and permitted by South Florida Water Management District (SFWMD),
are exempt from review by the EAC.
Sec. 2 -1194. - Membership.
The Board of County Commissioners hereby designates the Collier Countv Plannin
Commission as its local nlannina agency to sit as its Environmental Advisory Council
(a) 4 pp ,..+�.. mf Live mrgulw- members _Rir_ 1 ..1 +Ar. -A member of the E A n shall be
mques*d to afiend meetings when regular- fnember-s have nefified staff d3st they -M!
absent. q4e akemate mena-ber- mill paFfiaipau in diseussions and vote when mpiasi —
ror., ar- «,e b.e,. A «..eiat.,,ent to 4 e E A r almll be by 1 fi r.t BGG a SINAI +
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Sec. 2 -2000. - Appeal.
A. Any person aggrieved by the decision of the County Manager or his designee
regarding any petition for which environmental issues cannot be resolved between the
applicant and staff in which there is no other avenue of appeal may file a written request
for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify
-the aggrieved person and the County Manager or his designee of the date, time and place
that such appeal shall be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement. The appeal will be heard by the EAC
within 60 days of the submission of the appeal. No less than 10 days prior to the hearing
the aggrieved person and staff shall submit to the EAC and to the County Manager or his
designee copies of the data and information they intend to use in the appeal, and will also
simultaneously exchange such data and information with each other. Upon conclusion of
the hearing the EAC will submit to the Board of County Commissioners 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 or his designee in light of the recommendations of the EAC.
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Sec. 2- 2000.1- Repeal of Ordinance.
Collier County hereby readopts Section 8.06.00 (Environmental Advisory
Council) of the Collier County Land Development Code in its entirety, as a separate,
stand -alone ordinance, as set out herein.
Concurrent with the effective date of this ordinance, Section 8.06.00
(Environmental Advisory Council) of the Collier County Land Development Code is
hereby repealed in its entirety.
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Sec. 2 -1156. - Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the
following powers and duties:
(a) To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194;
(b) To prepare, or cause to be prepared, the Collier County GMP, or element or
portion thereof, and to submit to the BCC an annual report recommending
amendments to such plan, element, or portion thereof;
(c) To prepare, or cause to be prepared, the LDC to implement the Collier County
GMP, and to submit to the BCC an annual report recommending amendments to
the LDC;
(d) To initiate, hear, consider, and make recommendations to the BCC on
applications for amendment to the text of the Collier County GMP and the LDC;
(e) To initiate, review, hear, and make recommendations to the BCC on
applications for amendment to the future land use map of the Collier County
GMP or the official zoning atlas of the LDC;
(f) To hear, consider, and make recommendations to the BCC on applications for
conditional use permits;
(g) To make its special knowledge and expertise available upon reasonable
written request and authorization of the BCC to any official, department, board,
commission, or agency of the County, state, or federal governments; .
(h) To recommend to the BCC additional or amended rules of procedure not
inconsistent with this section to govern the Planning Commission's proceedings;
(i) To perform those functions, powers and duties of the Planning Commission as
set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by
reference made a part hereof, as said chapter has been or may be amended; and
0) To consider and take final action regarding preliminary subdivision plats
processed pursuant to the provisions of section 4.03.00.
tk) To sit as the County's Environmental Advisory Council and exercise all
Rowers and duties under Ordinance 2009 -32 as amended from time to time
Sec. 2 -1157. - Membership.
(a) Qualifications.
(1) Members of the Planning Commission shall be permanent residents and
qualified electors of Collier County.
(2) Except for the at -large environmental members Aalthough no specific
experience requirements shall be necessary as a prerequisite to appointment,
consideration shall be given to applicants who have experience or who have
shown interest in the area of planning, zoning, and related fields. Further
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r� consideration in the appointment of Planning Commission members shall be made
so as to provide the Planning Commission with the needed technical, professional,
business, and/or administrative expertise to accomplish the duties and functions of
the Planning Commission.
(3) The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
(4) A representative of the school district, appointed by the school board, shall
serve as anon- voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
(b) Appointment. The Planning Commission shall be composed of 9 members to be
appointed by the BCC. Of these nine members there shall be one member from each of
the five County Commission Districts, one member from the Immokalee Urbanized Area,
and three at -lame environmental members. Planning Commission Candidates for the five
County Commission District seats Pla&4ng Gemmissieift must be nominated by the
Commissioner of the District in which the candidate resides for both initial and
subsequent terms. The three at -lame environmental members are expected to provide the
Planning Commission with technical expertise on environmental matters, and shall
demonstrate evidence of expertise in 1 or more of the following areas related to
environmental protection and natural resources management: air quality, bioloQv
(including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal
processes, estuarine processes, hazardous waste, hydrogeolo -gy, hydrology, hydraulics
land use law, land use planning pollution control, solid waste, stormwater mana gment
- water resources, wildlife management, or other representative area deemed appropriate
by the BCC.
(1) One member- Count), GefrAnission Distfie4 Ne. 4.
(5) T-We Men:r>riers e t e isste ie4lo. < (one f.,.,,, h...,.,,,,,_,,,ee)
(6) One member- Appeinted by the seheal disWeC
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(c) Term. Each appointment or reappointment shall be for a term of 4 years. Baeh
Appointments to fill any
vacancy on the Planning Commission shall be for the remainder of the unexpired term of
office.
(d) Removal from office.
(1) Any member of the Planning Commission may be removed from office by a
four -fifths vote of the BCC, but such member shall be entitled to a public hearing
and reconsideration of the vote if he so requests in writing within 30 days of the
date on which the vote is taken.
(2) If any member of the Planning Commission fails to attend 2 consecutive
Planning Commission meetings without cause, the Planning Commission shall
declare the member's office vacant and the vacancy shall be filled by the BCC.
(e) Officers. The membership of the Planning Commission shall elect a chairman and
vice - chairman from among the members. Officers' terms shall be for 1 year, with
eligibility for reelection.
Sec. 2- 1158. - Quorum and Voting.
The presence of 5 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority
vote of at least 5 members present and voting shall be necessary in order to forward a
formal recommendation of approval, approval with conditions, denial, or other
recommendation to the BCC.
Sec. 2 -1159. - Rules of Procedure.
(a) The Planning Commission shall, by a 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 Planning Commission may provide for
transcription of such hearings and proceedings, or portions of hearings and proceedings,
as may be deemed necessary.
(b) The Planning Commission may, from time to time, adopt and amend bylaws and rules
of procedure not inconsistent with the provisions of these regulations.
Sec. 2 -1160. - Compensation.
The members of the Planning Commission shall serve without compensation, but
may be reimbursed for such travel, mileage, and/or per diem expenses as may be
authorized by the BCC.
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Sec. 2 -1161. - Meetings.
(a) In order to provide convenience and promote public participation, meetings of the
Planning Commission shall be held in the Immokalee area when matters pending before
the Planning Commission are of sufficient concern to the Immokalee area to warrant such
a meeting. The Planning Commission shall, by majority vote, make such determination at
1 of its regularly scheduled meetings well enough in advance to allow sufficient time to
advertise such Immokalee meeting. All other meetings shall be held at the Collier County
Government Center, Naples, Florida, unless otherwise specified by the Planning
Commission or the BCC.
(b) All meetings and hearings of the Planning Commission shall be open to the public.
Sec. 2 -1162. - Staff.
The community development services division shall be the professional staff of
the Planning Commission.
Sec. 2 -1163. - Appeals.
As to any land development petition or application upon which the Planning
Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may
appeal such final action to the Board of County Commissioners. An aggrieved or
adversely affected party is defined as any person or group of persons which will suffer an
adverse affect to an interest protected or furthered by the Collier County Growth
Management Plan, Land Development Code, or building code(s). The alleged adverse
interest may be shared in common with other members of the community at large, but
shall exceed in degree the general interest in community good shared by all persons. The
Board of County Commissioners may affirm, affirm with conditions, reverse or reverse
with conditions the action of the Planning Commission. Such appeal shall be filed with
the Development Services Director within 30 days of the date of final action by the
Planning Commission and shall be noticed for hearing with the Boarrd'' of County
Commissioners, as applicable, in the same manner as the petition or application was
noticed for hearing with the Planning Commission. The cost of notice shall be borne by
the petitioner, applicant or aggrieved party.
Sec. 2 -1164. - Repeal of Ordinance.
Collier County hereby readopts Section 8.03.00 (Planning Commission) of the
Collier County Land Development Code in its entirety, as a separate, stand -alone
ordinance, as set out herein. Concurrent with the effective date of this Ordinance, Section
8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby
repealed in its entirety.
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May 14, 2013
MR. CASALANGUIDA: -- and just let him know what's going
on.
CHAIRWOMAN HILLER: I don't think it's appropriate to make
a motion with respect to this issue right now. I think more rese h
needs to be done and a determination needs to be made if it eve
to be done. So I don't -- I wouldn't think it's appropriate to m
motion. I don't think there's scrambling or unscrambling '
required at this time.
MR. KLATZKOW: At the very least I concur
CHAIRWOMAN EMLER: Yeah. Well, at least I
concur with Nick too.
MR. CASALANGUIDA: Very good. I' at action --
CHAIRWOMAN HILLER: Thank u.
MR. CASALANGUIDA: -- and from there.
CHAIRWOMAN HILLER:
Commissioner Coyle -- Co er Henning, were you done?
COMMISSIONER HE 'm done, thank you.
CHAIRWOMAN HIL ommissioner Henning (sic)?
COMMISSIONE I'm done too.
CHAIRWOMAN ER: So this item is concluded. Thank
you for being here today.
UN DE D MEMBERS OF THE AUDIENCE: Thank
you. Th off.
MMAN HILLER: Next item, Commissioner -- I'm
Manager? 10.F?
OF
DIRECT THE COUNTY ATTORNEY TO BRING BACK TO THE
BOARD FOR ITS FUTURE CONSIDERATION AN ORDINANCE
ABOLISHING THE ENVIRONMENTAL ADVISORY COUNCIL,
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TOGETHER WITH AN ORDINANCE AMENDING THE
COLLIER COUNTY PLANNING COMMISSION ORDINANCE
TO (1) AB S ORB THE RESPONSIBILITIES OF THE EAC; AND
(2) CHANGE THE MEMBERSHIP COMPOSITION OF THE
COLLIER COUNTY PLANNING COMMISSION FROM 9
MEMBERS TO 7, WITH A SINGLE MEMBER FROM EA
COMMISSION DISTRICT, PLUS TWO AT -LARGE S_ DIRECTION TO STAFF AND THE COUNTY ATTO ' S
OFFICE TO EVALUATE HOW TO ELIMINATE C AND
CONSOLIDATE IT INTO THE PLANNING C ION
CONFIGURING THE NUMEROSITY AS THE
BACKGROUND OF THE MEMBERS CRE THE BEST
,�r,c�oTnT nnu�JrTecTn1�T Rt1i2 TTY (`[�T V _ APPR()VFI)
MR. OCHS: Yes, ma'am. 1 . a-%'— endation to direct the
County Attorney to bring bapiental d for its future consideration
an ordinance abolishing the Advisory Council,
together with an ordinance he Collier County Planning
Commission ordinanc , absorb the responsibility of
the EAC; and number t to change the membership composition of
the Collier Count Planing Commission from nine members to
seven, with a VA le member from each commission district plus two
at large me s. is item was brought forward by Commissioner
Henning
MAN HILLER: Commissioner Henning?
SSIONER HENNING: Actually, I think Nicole Ryan
-- . oing to speak on this. She has even a better idea than this
CHAIRWOMAN HILLER: Go ahead, Nicole.
Are there any other public speakers?
MR. MILLER: Yes, Madam Chair, we have four total. Nicole is
first.
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CHAIRWOMAN HELLER: Who are the four?
MR. MILLER: Nicole Johnson, Brad Cornell, Bob Krasowski
and Marcia Cravens.
CHAIRWOMAN HILLER: All right, Brad and Marcia are of
here, so there's only Bob. Go ahead.
MS. JOHNSON: Good afternoon, Commissioners. For
record, Nicole Johnson here on behalf of The Conservanc
And since 1991 the county has had an environmen a isory
board giving you technical, impartial, objective feed n t only on
development projects but also proactively on how protect
natural resources in Collier County.
It was the Environmental Policy Technic ' ory Board in
1991 and then it transitioned to the EAC ' 99 .
And certainly having that functio dvisory board with
experts on it to give feedback to something that's very
important, perhaps now more th ause of the additional
home rule that the most recent Management Act changes have
given to the county.
When I initially s enda item the knee jerk reaction was
oh, no, we can't do that t in looking at it a little bit more, I think
that there's some merlin taking a look at how best to really wrap in
the environme 1 review and see if there can be some coordination
with the Pl ' g ommission.
As w, the environment is so tied to quality of
enviro.n ality of life, that we have to have all of those
func t together.
issue really becomes how do we take the responsibilities of
th C and mesh that in with the responsibilities of the Planning
Commission and have both of those bodies really function as one unit.
And one of the things that I would ask you to consider is first of
all those two at large positions. You need to have some positions that
are designated for technical environmental folks. So taking a look at
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having that designated.
And I would also ask that you take a look at this concept of
shrinking down the size of the Planning Commission. They're going
to be taking on additional roles, responsibilities with the enviro ent.
This might not be the time to shrink it from nine to seven.
The Conservancy would ask that staff study this, get so
from the community, bring that back, is seven the right nu
should it maybe be nine; how do we make sure that we' o osing
that natural resources component of it.
And then once it's brought back with input, 't ove to
ordinance. So it's one more step, but it's real , so we would
ask that you consider that.
CHAIRWOMAN HILLER: I'm goi to ake a motion to that
.effect, that we direct staff to -- and ac d the County Attorney's
Office to evaluate how we can el' AC, consolidate it into
the Planning Commission and the a what the appropriate
^ configuration in terms of num erosity, as well as background
of commission members w o create the best possible Planning
Commission for the co
COMMISSIONER A: I'll second the motion.
CHAIRWOMAN HILLER: Thank you.
MR. R: Your next speaker is Bob Krasowski.
MR. SKI: Good afternoon, Commissioners. For the
record, sow ski.
I erent tact on this. I think the Planning Commission
does ood job, but they are fairly much limited to development
i e
e Environmental Advisory Council, while on the one hand it
does develop and contribute to discussions along the environment, it's
very restricted and limited and always has been. Like the
Environmental Advisory Council had no role to play in the beach
renounshment scenario that we just went through and still is coming
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up. I would think that maybe you could take the Environmental
Advisory Council, they're somewhat technical and professional in
environmental issues, I believe, I'm not familiar with all the
background, but to raise them up a bit with being a more technic 1 and
more professionally orientated -- blend them with the Coastal
Advisory Commission. Because the Coastal Advisory Co
should be very sensitive to the environmental aspects, whi
really have not shown themselves to be. I was wishing a ere
earlier when you were discussing some appointmen m sure
you made the right choices, but I would love to s une maybe I
would have suggested that if you reappointe int it for a
short period of time.
And at some point in time, I've hear 4A tioned by you today
and before, that maybe you should do i of your advisory
council. Things change all the time_ kind of come to terms
with what your expectations are, the needs are, what
information do we have to pro review, and then funnel into
you and how that serves yo d then what groups, because you
have -- I think you hav, dvisory councils or something like
that. I mean, you have a t. So maybe we have to blend some.
But I think if yo1pput the Environmental Advisory Council in
with the PI Council, whoever has the strongest representation,
which wou o ly be planning, they'll run the whole shown. So
you nee e o separated and a more substantial, stronger
env ir alysis, as well as planning. Planning is the best
you'
at's my two cents, and I hope you'll consider it at some point
in uture. I must have been up here for like six minutes. What's
going on?
MR. MILLER: Thirty -seven seconds left, sir.
MR. KRASOWSKI: Wow, gee, time's stretching out.
CHAIRWOMAN HILLER: Time flies when you're having fun.
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Commissioner Fiala?
MR. KRASOWSKI: Yes. Well, I'd just like to end --
CHAIRWOMAN HILLER: Okay, sorry, I thought you -- go
ahead.
MR. KRASOWSKI: Well, I just hope that, you know, yo ly
pursue your analysis of what the -- the council you have --
CHAIRWOMAN HILLER: Thank you, Bob.
MR. KRASOWSKI: -- and blend them. Thanks a
CHAIRWOMAN HILLER: Thanks.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. First a that idea of
letting staff work on this just a little bit more. that's good. And
that was one of my notes, by the way.
Another one of my notes is if the oing to have just five
commission districts represented a at large and yet we're
abolishing the EAC. And I agree icole, I was saying we should
have at least one environmen on there, if not, two, at the at
large. 'And if it's only one, should have an urban planning
man or.person or back rson on there. I felt that that would be
a good one.
And then we shold probably have some kind of requirements or
qualifications. we're pairing this down, we can't just take anybody
that's a fav have to be really careful of who we put on there,
because ' ' ng to be very short. But luckily we're going to be
takin ok at it.
e're going to have two at large and they don't take the
s g n of, say, an environmental expert or urban planning expert,
m we should require that to have a super majority vote rather than
a majority vote when we vote in two at large.
And finally, when you're studying this, maybe you can tell us if
you decide that's what you want to do is five people plus two, when do
we advise the extra people that we have on there right now that they're
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no longer a volunteer? So those are all things --
CHAIRWOMAN HILLER: Those are good ideas. Thank you.
Commissioner Henning?
COMMIISSIONER HENNING: I don't know if I made -- did I
say Nicole Ryan? I said that? Maybe you should wear name to
MS. JOHNSON: That's okay, I answer to both.
CHAIRWOMAN HILLER: I get conditioned and I'
COMMISSIONER HENNING: And anyways, w I as going
to say is it isn't what we agreed on, Nicole, but I and here
you're coming from. I just -- it just was a surprise
CHAIRWOMAN HILLER: You shoul 't v en the
preamble that was so rosy and glowing
COMMISSIONER HENNING: I fo of t females can always
change their mind.
CHAIRWOMAN HILLER: is that interrogation
technique that, you know, crimin igators use. You have like
just leave an open mind and le led in. So he set me up, and I
just like went yes, absolutel , a ver you say.
Go ahead, Comm' ance.
COMMISSIONER NNING: No, I wasn't done. I was waiting
for you to get done onom.y time.
CHAIR HILLER: Oh, I'm sorry, I was -
CO R HENNING: You done?
C OMN AN HILLER: - so excited about you.
Gil \J "(idiVGGi• -
SSIONER HENNING: Are you sure?
4IRWOMAN HILLER: Promise. My lips are sealed.
SSIONER HENNING: Eleven members is a little
wieldy. That's why I recommended a seven member. I mean, if you
had two more at large, you'll be at 11. We don't have 11 seats here.
That's another reason.
And the main reason why I brought this forward is, you know,
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we're saying that we're pro business. With the work that staff and the
environmental community and the change of the board, you know, the
Environmental Advisory Board has little to no work to do now. And
to roll it over --
CHAIRWOMAN HILLER: Makes sense.
COMMISSIONER ]HENNING: -- into the Planning Co n
makes sense. It will save staff time and should save -- f Dcae
fees that is charged and so on and so forth.
You know, my idea was keep the -- this conum ich is very
important, and is required by law, the Planning C i ion, is to
keep it at five, one per district. And then Nic a ed about
having the two at large have environmental a e. However,
whatever the Board wants to do on this is
CHAIRWOMAN HILLER: Can a suggestion?
COMMISSIONER HE C• a motion and a second
on the floor.
^ CHAIRWOMAN HILLE t, which I presented.
You know, one thing cresting is that we -- like the City
of Naples and the City have planning commissions, correct?
You each have a Plannin Commission. And the reason why
Commissioner Coyledistrict has one representative is because he's
got a Plannin mmission. Well, Marco Island actually has three
representat' s use it currently has two on the Planning
Commisn us the City of Marco Planning Commission. So you
TOT R o V- *M
SSIONER FIALA:
Commission?
IRWO HILLER:
has two representatives on the Pl;
COMMSSIONER FIALA:
right.
CHAIRWOMAN HILLER:
Marco Island has two on the
No, you have two -- your district
inning Commission.
But they're both from East Naples,
And then on top of that -- we're
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talking about your district. It doesn't matter where they're from
specifically but they're from your district.
And then in addition you have the Marco Island Planning
Commission, similar to the City of Naples.
COMMISSIONER FIALA: Yeah, that have nothing to do
county, though.
CHAIRWOMAN HILLER: No, I understand. But n
that Commissioner Coyle's district only has one represe ti is
because it was decided that the Planning Commissio a city
takes care of part of his community and then he h e epresentative
for the balance. The same thing could be don o o istrict. That
eliminates one person, potentially. In other w your district was
handled the same way as Commissioner le' istrict was handled
on the Planning Commission. VILA
COMMISSIONER FIALA:. h uch bigger mine is.
I've got 92,000 people in East Na on't like that idea at all.
CHAIRWOMAN HIL y. We all have the same
number of people in our dis b law. Everybody has 65,000 --
COMMIISSIONE : No, district. I'm talk -- you're
talking district, I'm talki East Naples.
CHAIRWOMA►HILLER: Well, we are -- we have our
appointments district.
CO R FIALA: Yes.
C OMAN HILLER: Okay. So we all have 65,000
peopl
ow what, I don't think we should get in this discussion.
SSIONER FIALA: I don't think so either.
WOMAN HILLER: The only reason I say that --
COMMISSIONER FIALA: You don't want to go there right
now.
CHAIRWOMAN HILLER: Yeah. Let's -- Commissioner
Henning, is there some way you would like me to modify this to more
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closely reflect what you expected Nicole to say? Because, I mean,
obviously if she surprised you out of the box, I really -- I want to
respect your preamble. What was it that you liked that she said?
COMIVIISSIONER HENNING: No, we really need to wor with
the environmental community. If we're saying an advisory boar t
deals with their issues that we want to reduce it tremendously.
eliminate it and roll it into something else, I think we need ct
that, give it a little bit more time and bring it back.
CHAIRWOMAN HILLER: So then my motio
Commissioner Henning -- I mean Commissi ce?
COMMISSIONER HENNING: But I'll at again.
CHAIRWOMAN HILLER: What, call issioner
Henning?
COMMISSIONER HENNING: i
Aye. '
COMMISSIONER NANCE• wanted to mention --
^ CHAIRWOMAN HILL better blow me a kiss at the end
of this meeting, okay? I'm
C011iIlVIISSIONE G: There you go with rumors
again. -". N
CHAIRWOMA fILLER. If only I lived up to all of them, my
God, my life ._ ld be just amazing.
Go ahe
CO SIONER NANCE: I support Commissioner Henning's
effort ' nd one of the main reasons, and I was saying it half
ioki Ole but it's true is that we have three tremendous
u ental NGOs that this government has an excellent working
re ship with, The Conservancy, The Federation and Audubon.
And we are well aware that these people come very well prepared
with the issues, knowing what they're talking about., They almost_
never give us false information. And we have come to rely upon them.
And I see no reason to duplicate some of this effort needlessly.
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I support this consolidation. I will say that I am in favor of -- if
we have a couple of seats that are uncommitted to districts, I would
like to see one personally in natural resources, and I would like to see
one dedicated to issues that are rural in nature. Only because I don't
think those issues are represented in a lot of different cases. Bec
not only do we have the five county districts, but if Marco Isl
an issue or Pelican Bay has an issue or the City of Naples sue,
they all have agencies and groups that rally to the cause d e
issue, whereas the extended rural areas of the county ave
anybody that addresses their particular --
COMMISSIONER FIALA: Excuse me r in, but I
think that's an excellent idea. Because so muc area is rural.
And I don't think we've had enough repre, tat n. I think that's an
excellent idea. IL 11L
CHAIRWOMAN HILLER-.. t get developed. We're
talking about a Planning Commis t talks about development.
So the rural area is agricultura ed to be
COMMISSIONER ell, yes, but there's development
taking place out there.
COMMSSIONER CE: That's where a lot of this
development is sched.ed to occur, and a lot of the discussions will be
revolving Ulpa what happens in some of these areas that are
otherwise esent.
OMAN HILLER: Okay. Thank you.
Madam Chair ?
IONER NANCE: That's just a suggestion. I have no
e Thank you, I'll shut up.
OMAN HILLER: Thank you.
All right, can I call the vote?
MR. OCHS: Would you please --
CHAIRWOMAN HILLER: Clarify?
MR. OCHS : -- restate or clarify the motion so Jeff and I know
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exactly what it is you want us to do? I mean --
CHAIRWOMAN HILLER: ,Reconfigure the Planning
Commission to make it more streamlined; dissolve the EAC and wrap
up the environmental component in a new Planning Commissio that
is lean and effective and efficient.
MR. KLATZKOW: And you're looking for public inpu ,
correct?
CHAIRWOMAN HILLER: Yeah, talk to the NG to to the
development community.
MR. KLATZKOW: But if we're going to ha is input on
that, would it be all right if we essentially useAh 1 g
Commission to hold this debate?
CHAIRWOMAN HILLER: Sure. I ink at's a really good --
MR. KLATZKOW: At least we'1 - v public forum for --
CHAIRWOMAN HILLER: t, thinking that. That's a
great idea. That's a very good id e a discussion.
Yeah. And does that m
MR. OCHS: That m ct sense.
CHAIRWOMAN Okay. And that`s just clarifying
what the motion was.
All in favor?
is
COV IW OVER FIALA: Aye.
C HILLER: Aye.
CO SIONER COYLE: Aye.
IONER NANCE: Aye.
WOMAN HILLER: Motion carries unanimously with
ioner Henning being absent.
MMISSIONER COYLE: Yeah, T just don't want any tree
huggers from District 4 to be put on the Planning Commission, okay?
CHAIRWOMAN HILLER: No tree huggers?
COMMISSIONER NANCE: Just tree huggers or District 4
under any of those, Commissioner Coyle?
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COMMISSIONER COYLE: Well, yes, yes. She represents a
group of them in District 4.
Item #11A
CONSIDERATION OF THE CANDIDATES WHO HAVE
APPLIED TO THE POSITION OF CHIEF HEARING E R
- MOTION TO ELECT MARK STRAIN AS THE C
HEARING EXAMINER - APPROVED; MOTION RIZING
HR, COUNTY MANAGER AND THE CHAIR TO
NEGOTIATE THE CONTRACT, SALARY T DATE
WITH MR. STRAIN STAYING WITHIN ARY RANGE
ALREADY DETERMINED BY THE B - PROVED
MR. OCHS: Madam ChX-h - . to Item 1 LA. That is a
recommendation to consider co have applied to the -- to
fill the position of Chief Heari . Ms. Price will make a ^
brief presentation.
MR. MILLER: I registered speakers for this item,
Madam Chairman.
CHAIRWOMA�hVs ER: And who are they?
MR. R: Nicole Johnson and Diane Ebert.
CHA HILLER: Oh, wonderful.. Do you want to
come up iums?
I don't have a whole lot to say. Len Price, for the
reco 'nistrative Services Division Administrator.
asked us to solicit resumes and applications and we've done
so. and myself have reviewed those applications and tried to sort
them out for you by the most qualified, the qualified and the three that
we felt did not meet the minimum qualifications for the position.
I'm not sure exactly what the next steps you wanted to take are,
so--
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KlatzkowJeff
From: KlatzkowJeff
Sent: Monday, May 20, 2013 8:33 AM
To: StrainMark
Cc: BellowsRay; HenningTom; OchsLeo; CasalanguidaNick; AshtonHeidi
Subject: EAC and CCPC Changes
Attachments: EAC Ordinance.docx; CCPC Ordinance 2.docx
Mark: In keeping with your comment below I have clarified the sentence. As Chair, I defer to
you as to which CCPC meeting to schedule this for. From a calendar standpoint, if the CCPC
can get this to the BCC with a recommendation by their June 25th meeting, I can have it
advertised in time for the BCC meeting of July 9th. If it can't get done by then, we're
looking at September.
Ray: Please forward this e-mail with the attachments to all of the Planning Commissioners,
Nancy Payton, Nicole, Brad and any others whom you feel would be interested in participating
in this discussion.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
- - - -- Original Message - - - --
^ rom: StrainMark
-ent: Saturday, May 18, 2013 7:40 PM
To: Klatzkow3eff
Subject: RE:
I like your approach and this is a great starting point. I did not see anything
disagreeable, one point of clarification might be helpful in Sec. 2- 1157(b) third sentence.
Change County Commission District seats to Planning Commission District seats. Other than
that it is good to distribute.
At what CCPC meeting was this needed to be discussed?
Thank you!
Mark
From: KlatzkowJeff
Sent: Friday, May 17, 2013 10:13 AM
To: StrainMark
Cc: HenningTom; OchsLeo; BosiMichael; CasalanguidaNick; AshtonHeidi
Subject:
Mark:
In furtherance of an Agenda Item brought to last Tuesday's BCC meeting by
commissioner Henning, a copy of which is attached, the Board of County Commissioners has
sked that the Planning Commission hold public hearings to discuss the abolishment of the
EAC, with its duties absorbed by the CCPC, and to modify the membership of the CCPC to be one
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member from each Commission District with two at -large seats. During the discussion of this
item (and the transcript is not out yet) there were proposals floated that one of these two
at -large seats be filled with someone with technical environmental expertise, and
Commissioner Nance voiced his preference that the other seat be filled to represent the n
special needs of the rural areas of the County.
On the theory that you need to start the discussion somewhere, I have amended
both the EAC Ordinance and the CCPC Ordinance to reflect the discussion that I heard from the
Board. This is proposed language only, for the sole purpose of starting the public
discussion. The attached ordinances are the Municode versions, and are in strike -
through /underline fashion.
Feel free to call me with any questions, including why I took the approach I did.
If you like this approach, please see my comment below to Ray. If you do not like this
proposed approach, please feel free to go in a different direction. I look forward to
following the Planning Commission's discussion on this, and being the scrivener on any
proposed ordinance changes recommended by the Planning Commission.
Ray:
On Mark's direction, please forward this e-mail with the attachments to all of
the Planning Commissioners, Nancy Payton, Nicole, Brad and any others whom you feel would be
interested in participating in this discussion.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
z
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