Agenda 05/08/2012 Item #16K15/8/2012 Item 16.x.1.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
to repeal Ordinance Number 86 -78 as amended, which created the Citizens Advisory
Committee for the Comprehensive Plan
OBJECTIVE: That the Board of County Commissioners repeal Ordinance No. 86 -78, as
amended, which created the Citizens Advisory Committee for the Comprehensive Plan.
CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County
Attorney's Office is doing a complete review of the Collier County Code of Laws and
Ordinances to identify and correct inconsistencies that may have resulted from years of revision,
and to ensure that the ordinances are not in conflict with current State or Federal law. This is
part of a series of Executive Summaries that will be coming to the Board.
On December 2, 1986, the Board adopted Ordinance No. 86 -78 to create the Citizens Advisory
Committee for the Comprehensive Plan. The Ordinance was amended twice by Ordinance Nos.
87 -7 and 88 -33. The provisions of these Ordinances are codified in Section 106.2 of the Code of
Laws and Ordinances. Since this committee does not meet and has not met for many years, this
Ordinance is obsolete.
FISCAL IMPACT: The cost of the advertisement for the Ordinance will be paid from the
County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board
approval (HFAC)
RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back
an Ordinance to repeal Ordinance No. 86 -78, as amended, in its entirety.
PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney
Attachments: 1) 1986 Executive Summary
2) Ordinance No. 86 -78
3) Proposed Ordinance Repealing Ordinance No. 86 -78
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EXECUTIVE SUMMARY 5/8/2012 Item 16.x.1.
v ., .
RECOMMENDATION TO CONSIDER THE ENACTMENT OF AN ORDINANCE
CREATING THE COLLIER COUNTY PLANNING COMMISSION CITIZENS
ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING PUBLIC PAR-
TICIPATION IN THE PREPARATION OF THE COMPREHENSIVE PLAN
OBJECTIVE: Adoption of the ordinance creating the Collier
County Planning Commission (CCPC) Citizens Advisory Committee.
CONSIDERATIONS: The purpose of the Committee is to provide
public participation and community input in the redevelopment
of the Comprehensive Plan as required by the State of Florida
Growth Management Legislation. No other board or committee
currently exists for this purpose. Its duties are to act as an
advisory board to the CCPC, reviewing draft work elements and
making recommendations during the preparation of the Comprehen-
sive Plan. it is recommended that the Committee should not
have bonding authority because their activities do not
contemplate that action.
Although the creation of this Committee is not a requirement of
the Growth Management Legislation, the Local Government Compre-
hensive Planning and Land Development Regulation Act (Chapter
163,F.S.), and the minimum criteria for review of Local Govern-
ment Comprehensive Plans (Chapter 9J -5, F.A.C.), encourage
public participation to the fullest extent possible. The
Citizens Advisory Committee which would be representative of
the full spectrum of the citizenship of Collier County, is the
best method to assure public participation throughout the
Comprehensive Plan preparation process. At their November 20th
meeting, the CCPC supported the concept of the Citizens
Advisory Committee and unanimously approved a motion to
recommend that the Board of County Commissioners enact this
ordinance.
FISCAL IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners
approve the ordinance establishing the Collier County Planning
Commission Citizens Advisory Committee for the purpose of
providing public participation in the preparation of the
Comprehensive Plan.
Prepared by, . w ,
Jane Fitzpatrick
Growth management Coordinator
JF / pp -P 4 5
11/21/86
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No.
DEC 0, Z.:
5/8/2012 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back an Ordinance to repeal Ordinance Number 86 -78 as amended, which created the Citizens
Advisory Committee for the Comprehensive Plan.
Meeting Date: 5/8/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/23/2012 10:31:16 AM
Approved By
Name: WeeksDavid
Title: Manager - Planning,Comprehensive Planning
Date: 4/23/2012 3:22:24 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 4/24/2012 4:31:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2012 4:48:54 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 4/25/2012 8:34:47 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/25/2012 10:25:52 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/30/2012 3:18:12 PM
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Name: OchsLeo
Title: County Manager
Date: 4/30/2012 5:04:37 PM
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5/8/2012 Item 16.K.1.
5/8/2012 Item 16.K.1.
ORDINANCE NO. 12-
AN ORDINANCE REPEALING COLLIER COUNTY
ORDINANCE NO. 86 -789 AS AMENDED, WHICH
CREATED THE CITIZENS ADVISORY COMMITTEE FOR
THE COMPREHENSIVE PLAN; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 2, 1986, the Board of County Commissioners adopted
Ordinance No. 86 -78 which created the Citizens Advisory Committee for the Comprehensive
Plan; and
and
WHEREAS, Ordinance No. 86 -78 was amended by Ordinance Numbers 87 -7 and 88 -3;
WHEREAS, the Board of County Commissioners desires to repeal this Ordinance
because this committee does not meet and has not met for many years.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: REPEAL OF ORDINANCE NO. 86 -78, AS AMENDED.
Collier County Ordinance No. 86 -78, as amended, which created the Citizens Advisory
Committee for the Comprehensive Plan is hereby repealed in its entirety.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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5/8/2012 Item 16.K.1.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department. of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
H\GaihHeidiOrdinances
FRED W. COYLE, Chairman
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5/8/2012 Item 16.K.1.
RA
ORDINANCE S6 - 78
AN ORDINANCE ESTABLISHING THE
COLLIER COUNTY PLANNING COMHISS1011
CITIZENS ADVISORY COMMITTEE FOR THE
PURPOSE OF PROVIDING PUBLIC
PARTICIPATION IN THE PREPARATION OF
THE COMPREHENSIVE PLAN; PROVIDING
FOR THE CREATION AND JURISDICTION OF T
THE CITIZENS ADVISORY COMMITTEE;
PROVIDING FOR COMPOSITION; PROVIDING
FOR APPOINTMENT OF MEMBERS; $,
PROVIDING FOR TERMS OF OFFICE; N
u! R PROVIDING FOR REMOVAL FROM OFFICE
AND FAILVRE TO ATTEND MEETINGS; Vx
PROVIDING FOR ELECTION OF OFFICERS;
PROVIDING FOR QUORUM AND
LLj
REIMBURSEMENT OF EXPENSES; PROVIDING
o FOR LOCATION OF MEETINGS; PROVIDING
e FOR FUNCTIONS, POV*RS AND DUTIES OF
THE CITIZENS N "ISORY COMMITTEE;
• PROVIDING FOR CONFLICT AND
SEVERABILITY ":'D PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY the Board of County Commissioners
of Collier County, Florida:
SECTION ONE: Creation of the Citizens Advisory Committee for the
Comprehensive plan: Jurisdiction.
The Board of County Comissionars (BCC) has designated the Collier
County Planning Commission (CCPC) as the local planning agency pursuant
to Section 163.3174, Florida Statutes, to conduct the comprehensive
planning program and prepare a comprehensive plan and to make
recommendations regarding the adoption of the comprehensive plan. In
order to obtain participation by the public and encourage public comment,
the BCC hereby establishes and ereatas the Collier County Planning
Cosmsission Citizens Advisory Comsittee (hereinafter referred to as the
Citizens Advisory Committee), The Citizens Advisory Committee shall have
jurisdiction for the unincorporated area of Collier County. Florida.
SECTION TWOS Composition of the-Citizens Advisor? Committee
Members of the Citizens Advisory Committee *hall be permanent
residents and electors of Collier County. Consideration shall be given
to those persons -who have shown sa interest in public Affairs. In
establishing membership on the Citizens Advisory Committee,
representation of the full spectrum of the Citizenship of Calker County
shall be sought as well as balanced geographic representation. The
Citizens Advisory Coam:ittea shall consist of 21 members. The composition
of the Citizens Advisory Committee shall be representative of various
community interests to include individuals from the following groups:
10% 025 pr i 175
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5/8/2012 Item 16.K.1.
the business /development community; the agricultural community,
environmental groups civic groups end the community at large.
SECTION THREE: Appointments, Teas of Office, Failure to Attend Meetings.
Appointments to the Citizens Advisory Committee shall be made by
the BCC based upon recommendations from the CCPC and staff. The
formation of the Citizens Advisory Committee will be publicized and
prospective members sought through newspaper advertisement. The Growth
Management Coordinator shall submit to the CCPC names of those persons
who have stated an interest in serving on the Committee and others who
would fulfill the requirements for composition of the Citizens Advisory
Committee. The CCPC shall present a list of those interested persona and
their recommendation of proposad +embers to servo on the Committee to
the BCC for approval. In add -clan to the membars recammanded by the
CCPC, the BCC shall also appoint one (1) representative from each of the 1
S Commission Districts. The terms of office for members of the Citizens
Advisory Committee shall ba from the data of formation of the Citizens
Advisory Commaictea and will expire on January 1, 1989 or as may be
extended by the CCPC. If any member of the Citizens Advisory Committee '{
is absent from two (2) or more meetings without a satisfactory excuse,
• i
that member's position shall be declared vacant. In such Casa, or in the
event a vacancy occurs for any reason, such vacancy shall be filled by
the BCC in accordance with the procedure eat forth above.
SECTION FOUR: Officers; Quorum; Compensation,
The officers of the Citizens Advisory Committee shall be elected by
the membership of the Citizens Advisory Committee and shall include a
Chairman, Vice- Chairmaa and Secretary. The preasnes of (13) thirtean or
more nembers shall constitute a quorum. The Citizens Advisory Committee
shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a record of
meetings, findings and determinations. The members of the Citizens
Advisory Committee shall sarve without compensation, but may bo
reimbursed for such travel, mileage and /or per diem expenses as may be
authorized by the BCC.
SECTION FIVE: Location of Meetings.
All meetings of the Citizens Advisory Committee shall be public
meatings. Meetings shall be held regularly at the Collier County
Government Center, Naples, Florida. �7�+�
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LEE TIOk SIC: Functions, Powers And Duties of the Citizens Advisory
Committee
The functions, povers and duties of the Citizens Advisory Committee
shall be to provide public participation and co=runity input in the
development and preparation of the Comprehensive Plan, or elsasnts or
portions thereof. The Committee *hail assist staff in the identification
of issues and problems and provide assistance in policy formulation on
elements or portions of the Comprehensive Plan. The Growth Management
Coordinator or her designee shall act as staff liaison to the Committee.
The Citizens Advisory Committea shall act as an advisory board to the
• CCPC and shall review draft work r.•;aents and make recommendations during
the preparation of the Comprehr viva plan as necessary. The Citizens
Advisory Committee may organize and create subcommittees for elements or
portions of the Comprehensive Plan as deemed necessary. The CCPC shall
approve the creation of any subcommittee.
SECTION SEVER; Conflict and S*Vetability.
In the event this Ordinance conflicts with any other ordinance of
Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is bald invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION EIGHT: Effective Date
This Ordinance shall becosw effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
".111...1, N„
Col•fA.■=rtiadSt rti Florida, this 2nd dap' of DOCMTLW , 1986.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, nARIDA
BY: Q
J�S�`'0. SGI • 1.•CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY: iris WOW=* Rod w'hh 1M
krw:of to 's OF(kr fb�
XENNETH 8. CUYLER, fir
COUNTY ATTORNEY iiN nahlydl w ,
of
ORD /CITIZENS ADV FOR COMP PLAIT �J
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5/8/2012 Item 16.K.1.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
•hereby certify that the foregoing is a true copy of
ORDINANCE ;0. e6-78
that was adopted by the Board of County Commissioners during
Regular Session on the 2nd day of December, 1986.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 2nd day of
December, 1986.
JAMES C. GILES
Clerk of Courts and C1
Ex- officio to the Boat
County Commisvionern4
or
By:
Virg r
tin
• 600K 025PArA78
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