BCC Minutes 04/30/1985 W
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Naple., Florida, April 30, 1985
LET IT BB REMEMBERED, that the Board of County Com.i.sioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals ~nd as the governing beard(e) of such special district. as have
been created according to law and having conducted busines. herein, ~et
on this date at 9.05 A.M. in Special Workshop S..sion in Building "F"
of the Courthouse Complex, East Naples, Florida, with the following
.e~bers present.
CHAIRMAN I Frederick J. Voss
VICE CIIAIRMMI. Anne Goodnight
Max Ha..e
C. C. "Red" Holland
ABSENT. John A. Pistor
ALSO PRESENT. Elinor M. 5kinner, Deputy Clerk, Kenneth Cuyler,
Assistant County Attorney, Donald B. Lusk, County Managerl Vickie
Mullins, Acting Community Uevelopment Administratorl John Boldt, Water
Manage.ent Director: and Nancy Israelson, Administrative Aasistant to
the Board.
AGENDA
Discussion of the Policy Concerning Advisory Boards
OD'B1tAL DISCOBSIOII
Commissioner Voss explained the purpose of this Workshop is to
discuss the Advisory Board Policy. He stated there are 18 boards, not
all of which are strictly advisory boards, for example the Contractors'
Licensing Board, the Marco Island Code Establishment Review Board, and
the Collier County Utility Rate and Regulation Board, which still
exists even though the regulatory powers for utilities have been
relloved. He said, recently, the Board of County COlllmissioners adopted
a policy which changed the terms so a member can serve only two
consecutive ter..s, unless there is no other qualified applicant to
s.rve.
Mrs. Jeannette Boucher, Co-I:esident of the League of Women Voters
of Collier County, commended Commissioner Voss for scheduling this
workshop and recognized Mrs. Israelson for the important role she plays
in i.ple~enting the Advisory Board Policy. She said that citizen
advisory boards have been a subject of League study for the past two
ye.rs and that the League f.els they are important to Collier County
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.ince they provide a ..dium for extensive participation in government,
.erve as chann.ls to bring citizens' points of view to the County
Co.-ission and the Ad.inistration, and reduce the workload of elected
officials. Sh. .aid caution must be exc.rised eo they do not dilute
the authority of the el.cted Co~ission and the Administration. She
.aid the Leagu. hop.. this workshop will lead to a thorough airing of
vi.ws and the creation of a suitable ordinance for consideration by the
Co..is.ion. Sh. stre.sed ordinance, rather than resolution, and
.tr....d the L.ague believe. t.hat this i. a better instrument .ince it
carr i.. with it dutie. of enforcement. Sh~ .aid the League'. main
conc.rns are focu..d in several areas, the fir.t being the i~portance
of clearly .tating the .tandards under which new board. will be created
and that the existing Board. will be reviewed. She said new citizen
board. .hould be e.tabli.hed by ordinance only when there i. a direct
n..d and .videnc. that i~proved efficiency in government will re.ult
from citizen input. She referred to membership and .aid it ~u.t be
op.n to all .eg.ents of the community and should reflect the intere.ts
and concerns of the community, as much a. po.sible. She said limiting
ter.. of the lIemb.rs is iaportant a. every board need. the invigorating
influence of fresh ideas and new ways of solving problems, and pointed
out that the vaJu~ of experience, gained by long ter.., i. outweighed
by the value of bringing in new people. She .aid, pre.ently, there are
no review provi.ions and added that the League would like to see the
Board of County Commis.ion.rs e.tabli.h one. She .ugg.sted on.
beginning in this regard could be that each board .ubmit an annual
r.port which could .arve a. a tool for planning, budgeting and
evaluating board performance. She said provi.ions .hould be made to
abolish boards no longer effective and .tated the League lupports the
concept of making the public aware of the existence of citizen board.
and the opportunities to serve on them by adverti.ing vacancies, which
i. currently done. She .aid that proc.dures could be improved which
would re.ult in greater public awareness and understanding of the
requirement. of .ervice. She said the League'. .pecific recom-
mendations are contained in the League's study conclusion entitled
LWVCC propo.ed Advi.ory Board Criteria, a copy of which has be.n given
to each Commissioner, the County Manager and County Attorney and i.
available to the public. She thanked the Commi..ionere for the oppor-
tunity to participate in the workshop and .aid the League looked
forward to hearing the proposal. of other individuals and group..
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Hr. G.orge Keller, pr.sid.nt of the Colli.r County Civic F.dera-
tion. .xpr....d hi. opinion that Advisory Board. should r.pr..ent .ore
peopl., adding h. was r.ferring to the Coa.tal Are. Planning Commi..ion
(CApe) which i. h.avily .anned by realtor., bankers and per.on. who
have a direct interest in the deci.ions, and added that not enough
..abers of the general public are repr~..nted on the CApe. He said the
requir.m.nt that a Board m.~ber b. r.li.v.d of his duties if he mi....
more than two meetings deprives ~any intellig.nt people from .erving on
thes. Boards. H. ref.rr.d to those people who go north for two or
three .onths in the summer and .tat. this requirement denies them the
chance to .erve on Advisory Boards. He said ~ost Advisory Boards have
alt.rnate. and suggested including a provision allowing a member to
.ak. arrange~ents with an alternate to serve in his place when he left
COlli.r County for the sumlller. He said this procedure would not l.ave
the Board. with too few people to handle busin.ss and would allow a
broad.r sp.ctrum of people to serv. on Advi.ory Board.. Commi.sioner
Vo.s pointed out that the abs.nce policy pertain. to thr.e, unexcus.d
abs.nc.s of a a.mber. and agreed with Mr. Keller'. point r~arding
using an alternate if a member leaves the County, for a length of tim..
During the discussion that followed, Acting Coamunity Development
Adainistrator Mullins said that alternates do not vote unless one of
the regular a..bers is absent, and added that Staff appreciate. and
~w.ds the input of the alternates. Mr. Keller said that an alternate
should be appointed a. a reg~lar member when a vacancy occur.. H.
d.scribed a situation when one alternate was appointed as a regular
m.mber .ven though there was another alt.rnate who had served longer.
which h. said ultimately resulted in the resignation of the person not
appointed. Commissioner Holland explained this occurred because one
district was not served at all, at that tiMe. He said the current CApe
m.ab.rship consists of two repre.entatives fro. District ): one, from
District 4: two, froa District 2 and two, from District l. Mr. K~ller
said he did not think there had ever been anyone who served frOll Golden
Gate. Comai.sioner Holland said that Arnold Glas., Ed Oates and Fred
Key.s r.pres.nt Golden Gate.
Commissioner Voss said the primary point i. that the alt.rnate
.hould asc.nd to .embership if there i. a vacancy on an Advi.ory Board
and then an alternate would be appointed by the Commis.ioner whose turn
it is to appoint one. Commi.sioner Holland a.ked if that would not
create the possibility of having a majority of people from one district
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and Co..i..loner Voss agreed. He .uggested, if SOmeone i. appointed a.
a ...ber froe an alternate position, a solution might be to allow a
co..i.sloner to appoint the alternate, if it was his turn to appoint an
the alternate.
Co..i.sioner Holland said this workshop ls an excellent idea and
sai~, with regard to the CAPC, he has felt strongly there i. not a lot
of involve.ent from District 4, at this point, because it is all the
City of Naples. He suggested there could be two representatives from
Districts 1, 2 and 3 and 1 froa District 4, as there currently are, and
then have three alternate., in.tead of one. He said when the term for
a .ember from one district expires, the alternate from that district
could be appointed and this would keep representation .pread out and
would be fair.
Mr. Keller referred to the past practice of elected offical. who
mOve into an area before running for office because of that require.ent
and said it is easy for any group, that wants to control the .ituation,
tu suggest that prospective candidates move into certain areas. He
said the fact that a man lives in a district does not necessarily .ean
he represent. that district. He suggested whether a candidate has been
active in the locality where he lives and has an interest in that area
should be considered. Commissioner Voss pointed out no decisions can
be .ade at this wor~shop, but he suggested that indications could be
given to the County Attorney, who will draft the ordinance. He asked
if it WQS the general t..ling of those pre.ent that the ordinance
should include soae statement that one of the qualifications to be con-
sidered for any appointment is the activity of the person in his par-
ticular area?
Mr.. Mullins responded that one of the .ost important things to
realize is that the CAPC and CCPA are not policy-making board. anð that
their purpose is to review the petitions that come before them, look at
good planning practices, look at whether a develo~ent will be co.-
patible with the rezone, or whatever is requested, and to lilten to the
public. She said that the Board of County Commis.ioners set policy
and, therefore, she did not see why ð mujor requirement should be that
a particular number of people come from Golden Gate or North Naples.
She said people who live in Collier County, fulltime, are needed
because a person who leaves during the summer will miss some of the
petitions.
Co.missioner Hasse expressed his opinion that th~ background of a
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person ia important and what that peraon has done for his co..unity.
Com.issioner Voss said the CAPC was set up by Special Act and he
asked if that Act deter.ine. the numbe: of members and alternate. and
A.aiatant County Attorney Cuyler said it doe..
Mra. Charlotte Weatman, representing the League of Women Voter.,
thanked tte Board for this workshop. She ref~rred to the subject of
alternates and me.ber.hip and said the League understands that the la.t
work.hop held on this subject was in January of 1982. She said, when
she reviewed that meeting's minute., she found there was a discussion
of alternates and, as a consequenck of that meeting, the only
alternates presently allowed, within the ordinance, are two for the
CAPC. She said the controlling ordinance, with regard to the CAPC and
CCPA, states that there shall be a minimum of five .ember., no les.,
and no more than ten. She said the present membership is seven and the
IAPC has five mellbers. She explained that Steve Martin, Chairman of
the lAC at that time, raised the subject of alternates and added the
EAC had five members and there were occasions when conflicts of inter-
est occurred.
ing ...bership
by law to file
She said another subject that should be included regard-
is that members of active Advisory Boards are required
Form 4 if there is a conflict. She said those members
must not leave tho room, according to the current law, ~ut they do not
vote and within 15 days they must file Form 4. She clarified this is
not Form 1, the P'in!lIIcial Report, which sOlie Boards require. She said
there were occasions when the EAC had absences and during the delibera-
tions on a subject, if one person cannot vote, 00 meeting can be held
on that subject. She explained that the Commission, at that time,
decided that alternate. would be removed from all Boards except the
CAPC. She said the subject of one person not serving on more than on.
Advisory Board at the same tim. was discuss.d at the January, 1982 Bce
m.eting and said she did not know if that policy has been reviewed.
Commissioner Voss said that the CCPA i. co_pos.d of mellber. from
the CAPC, and Mrs. West_an responded that the Chairman of the CAPC and
three m.llbers plus the Chairman of the IAPC, or his designee, form the
official CCPA.
Mrs. Westman read froll a Dade County Code, Section 2-1138 which
.tated that all members of County Boards shall be permanent and elec-
tors of Dade County, unless the Board of County Commissioners by a
2/3rd vote of its membership waives this requirement, that the .embers
should have reputations for integrity and cOllllunity .ervice: and each
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086 722 AprU 30, 1985
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Board shall include one parson whose livelihood d~es not depend on the
area regulated, ad.inist.r.d or d.alt with by the Board. Sh. .aid a
good .xample of this is the Food Establishm.nt Control Board which
requir.. two .emb.rs not connect.d with the food .stabliahment industry
and three who are food industry ori.nted. She continued reading fro.
the Dad. COunty Cod. which stated that any .ember of a County Board who
ceas.s to be . r.sid.nt of Dad. COunty, during the t.r. of his or her
offic., shall i.medi~tely advise the Clerk of the Board of COunty
COMaission.rs and, upon b.ing advis.d by the Cl.rk of such circum-
stanc.., the Board of County Com.issioners shall declare said position
to be vacant and shall promptly fill sa.e, pursuant to the provisionø
of this Section. She said the Code states t~at the primary
conaideration in appointing Board .embera shall be to provide the Board
with the needed technical, professional, financial, business or admin-
istrative expertise and the .e.b.rship of .ach Board should b. repr.-
s.ntative of the co..unity at-large and ahould reflect the racial,
ethnic and cultural .akeup of the com.unity. She said the Cod. con-
tinu.s by atating that no me_ber of any County Board ehall beco.. a
candidat. for .l.cted political offic. during hie or her term and
should any .emb.r qualify aa a candidate, such qualificationa ehall b.
d....d a t.nd.r of resignation and that no peraon ehall serve on two or
lIor. County Boards, simultaneoualy. She said that the League of Women
Vot.r. .ndorsee all o{ the above ele.ents.
Mrs. West.an aaid that the EAC and WMAß have been working toward
unifying to be called the Natural Resourc.s Advisory Council and, at
the last ..eting, a draft was pre.ented r~garding this .atter. She
said that Mr. Kant was preaent, .uch discuesion was held and more work
is to be done on this eubject. She said it is the League's estimation
that the propos.d ordinance for this unification is exemplary and sh.
said it lists the purpose, establishment, powers and dutiea of the
m..berahip. She said .even .e.bere are propoeed because it is
considered that there should be five member. with local experti..
distributed among biology, ecology, hydrology, geology, environm.ntal
science, that is, pollution, chemistry, air and water quality,
engineering, and marine estaurine science. She sa\d two members of the
Council are proposed to be lay people. She r.viewed the ordinance as
it pertains to r.quirements of meetings, definitions, and
administrative concepts. She stated the League has aupport.d the
unification of the two Advisory Boards, and said it i. the League's
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opinion that seven members would be preferable because of the
disciplines involved in the new combination of advisory bodies.
Responding to Commissioner VOIS' request, Mra. Westman explained
that the League has a statement with specific recolllmendations regarding
.embershi~ and Assistant County Attorney Cuyler said he had a copy of
that statement. Mrs. Westman listed the following recommendations. a
.e.ber should be a residentl a voter I should reflect the intereat and
concerns of the communitYI membership should be open to all seg.ents of
the communitYI members should be knowledgeable of the needs and desire.
of the publicI must maintain their primary reaidence in registered
voting districts: the standard application should elicit information
concerning life experience, as well as education and employment I per-
spective appointees should be informed of the necessary qualifications,
duties and time involved within the Board for which they are applying:
iniormation on qualifications and demography of candidates of present
Board mellbers should be provided to the elected officials before they
vote on candidates I membership should be representative by district
and/or at-large I meabers seeking elective office should resign I no
person should be allowed to serve on two or more boards aimultaneouslYI
and the length of term of office: and that the number of terms a member
may serve should be limited, which is currently done.
Commissioner Voss suggested that Mr. Cuyler should make a list of
thes. recommendations and, individually, they could be brought to the
attention of the Board of County Commissioners to make a decision with
respect to each item. He said those items should be summarized so that
the Commission can vote one way or another, at a given Board meeting.
Commissioner Holland referred to the Daðe County Ordinance and
asked for clarification and Mrs. Westman said that it states that a
member could not serve on two boards, simultaneously. She said the
League prefers the Dade County Ordinance because it is an ordinance and
the Orange COunty document is a resolution.
Mr. Cuyler requested clarification on the point of serving only
one board and Mrs. Westman said that it has been built into the CAPC
Ordinance that the CCPA comes from the CAPC æembership.
Mrs. Sloane RObbins, Co-President of the League of Women Voters,
thanked the Board of County Commissioners for holding this workshop.
She said the League is concerned with the subject of review of Advisory
Boards. She referred to the Dade County Ordinance and said that SOme
of the elementa include prov:,ion for sunset review of Advisory Board.
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086 72' Aprp 30, 1985
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and that the League reco.mends that provisions for systeaatic review be
incluðod in the proposed ordinance for Advisory Boards on a basi.
deter.ined by the number of current board., the functions of those
Board. and the .ethod by which they have been .andated. She suggested
the review should include the following questions I Has the Board
.erved the purpose for which it was created? Is it serving current
community needs? Is there any other Board, public or private, which
.ight serve better the function. of that Board? What have been the
Board's major accomplishment? Should the Board's mellbership require-
.ent. be .odified?
Mr.. Robbins .aid the Commi.sion should further address the cost
of indirectly and directly maintaining a Board and if the Board is
justified by its accomplishments. She said the Advisory 80ard Chair
should .ake a pre.entation to the COunty Commission during the year of
the Board's review, with commentary by the COunty Manager. She said
that the Commission or Sub-commi.sion, thereof, should review all
pertinent material and the (".e.mi.sion should determine whether a Board
should continue until its next review, be modified or abolished.
Mr. Keller said he knew the Advisory Boards work hard compiling
information and he asked how much this information was used by the
Commis.ioner.? Com.i.sioner Voss responded that he reads the material,
carefully. Commi.sioner Ha.s. .aid he not only reads the material but
attends many of the Advisory Board .eetings.
Mr. Keller suggested it would be worthwhile for Commissioner. to
attend Advisory Board meetings when large PUD'., such a. the Vineyards,
are reviewed. Commissioner Voss .aid the function of the Advisory
Boards is to relieve the workload of the Commissioners and pointed out,
if the Com.issioners were to sit through all the meetings, the Advisory
Boards might as well be abolished.
Commis.ioner Holland said, with regard to some of tho meetings, he
would have to di.agree with Mr. Keller. He said he understood that the
City of Naples pa.sed a re.olution whereby certain advisory groups
could not appear before the COuncil, either for or against an item. He
said he had observed occasions when a Commissioner or a Councilman was
in attendance and was drawn into the discussion, which creates a
problem. Mr. Keller said that should not occur. Commissioner Holland
co~.ented that the Advisory Boárds have excellent reports which are
quite detailed in their recommendations. H2 said he is able to form a
more unbiased opinion than he would have been able to do if he had
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att.nd.d the Advi.ory Board .eeting..
Mr.. W.stman agr.ed with Mr. Kell.r'. point.. She .aid the League
f.el. that the importance of e.tablishing the Advi.ory Boarðs by ordi-
nanc. .hould be a factor. She pointed out there are no recorda regard-
ing th~ EAC a. to whether it was .ver being establi.hed by ordinance
which put. them in An awkward po.ition. She commented that the Staff
k.eps .xcell.nt record. in the Cl.rk of the Board Minute. and RMcord.
Section, adding .he had ju.t reviewed a li.t of every ordinance ever
approv.d in Colli.r County from 8/l5/69 to 3/14/85. Sh. said the
Commi..ion'. action on 4/2/85 with regard to amendment. to the exi.ting
ordinanc. was don. by a re.olution and the League con.iders that a
weakn.... She referred to the li.t of ordinances and .aid she had
r.view.d everyone that involve. the .ubject under discus.ion and found
it intere.ting that the Fire District. Wdre e.tablish.d, with r.gard to
budg.tary procedure, in 1969. She lilte~ the ordinance. and number.
which apply to the various Fire Control District., a. w.ll a. ordi-
nanc.. that e.tablished various Adviftory Board.. She repeated the
Leagu.'. contention that every Advisory Board .hould be cr.ated by an
ordinance and that the duties .hould be spelled out within that ordi-
nance.
Mr.. We.tman pointed out the all Advisory Board member. .erve
without pay, .0 tho.. people who apply to becoae meabers, if they Know
anything about what the Board involve., would not apply unle.. they
w.r. .inc.re. She said the mi.sion of the League, this date, is not to
drive people away from an interest in Advi.ory Boards but to make the
Boards a. prof...ional in concept a. po.sible.
Commissioner Voss .aid it was his opinion that the County n..d.
one overall ordinanc. that .et. policy anù then individual ordinances
are needed with regard to each of the Advisory Boards, to which Mrs.
W.stman agreed.
Commis.ioner Voss .aid a problem with re.pect to some Advi.ory
Boards is that there i. no provi.ion to provide expenses when the
..aber. go .omewhere and he mentioned the Solid Waste Advisory
Committ.. for an example. He .aid he did not know if the Commiesion
could over-ride the State'. per diem require.ent.
Mrs. Westman .aid the structure of Board. should be .uch that
th.re would not be conflict of intere.t on the part of the memb.r. .0
that th.y are unable to vote on a giv.n petition. Commi.sioner Has..
r.qu..ted a copy of the li~t of ordinanc.. and Admini.trative As.istant
ðOOK 086 PA(;( 725
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aDOK 08Bmt 726 April 30, 1985
Israelson .aid .he would g.t copies for the Commis.ioners.
Mrs. Marion DeFore.t, of the League, .aid during a Leagu. meeting
Mr.. We.t.an had said that so.etim.. the .ummari.. given to the .co..i.-
.ion are not compl.t. and that Mr.. Westman did not f..l they were ade-
quate. Mr.. W..t.~n .aid this so..ti... happ.n. and referred to occa-
sion. When controver.ial subjects have occurr.d at various Advisory
Board ...ting. and .aid .h. not think the public Is aware the m..ting.
are record.d, as are the Board of County Commi..ion ...ting.. She
.xpr....d h.r opinion that it i. b.neficial to r.view the minute. and
h.ar the tap.. of the m..ting.. Sh. referred to an in.tanc. when
..mber. of the League went to the Planning Department ta review the
tapes of the d.liberation. on a ,ubject and di.covared that area. of
that tape, from a particular witne.., had been delet.d. Sh. .aid this
could have be.n an accident. Responding to Commi..ioner Vo.., Mr..
W..t.an .aid that the minutes of the m..ting briefly ref.rred to the
comNent. of the witn.... She .aid people .peaking for or again.t an
it.m ar. li.ted but no content i. included, a. to what th.y .aid. She
said the quality of the tape., occasionally, can b. rough which may be
the tape or the fact that people do not u.. the microphone..
Commi..ioner Goodnight stated that the Commi..ion has already
addr...ed that matter in the new recordinq .ystem that the Commis.ion
has propo.ed and which should be installed by the end of July.
Dr. Floyd pet.r.on, Solid Waste Advi.ory Committee ..mber, said
all of the committ..s .hould be required to have an agenda, a notice of
the ~..ting, and date. on all chart. and tabl... Commis.ion.r Voss
a.~ed Mr. Cuyler to include this suqgestion in the general ordinance.
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There beinq no further busines., the workshop was adjourned by
Order of the Chair - Timel 10.10 A.M.
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