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Ordinance 1991-48 i c rn ac C, N m 0. �12-� ORDINANCE NO. 91- 48 -1 34`S\ = .l. r-- .) .. AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTYg .c- rrl 4j \ORDINANCE NO. 91-26 ESTABLISHING THE COLLIER '^ Q ', �' ` COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISOR' mc { 1 Y$OARD BY AMENDING SECTION THREE TO INCREASE ? cc ,A gto $HE NUMBER OF MEMBERS FROM NINE TO ELEVEN rn 1:4\\N 4 b yIv1EMBERS; REVISING SECTION FIVE WHICH ESTABLISHES `c ,u THE NUMBER OF MEMBERS FOR A QUORUM; DECLARING AN c c)C' EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY Ec0Z61.80-vj AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on March 12, 1991 adopted Collier County Ordinance No. 91-26 creating a nine (9) member Environmental Policy Technical Advisory Board; and WHEREAS, the Board of County Commissioners on May 28, 1991 determined that the Environmental Policy Technical Advisory Board should be composed of eleven (11) members. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment to Section Three of Collier County Ordinance No. 91-26. Section Three of Collier County Ordinance No. 91-26 is hereby amended to read as follows: SECTION THREE: MEMBERSHIP. A. Nne-f9} Eleven (11) members of the EPTAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EPTAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. B. Vacancies on the EPTAB shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Along with the applicant responses the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, including the present members seeking reappointment. C. Members shall be permanent residents and electors of Collier County and should be reputable and active in ,7_ 1 Words underlined are added; words strttek-threugh are deleted. -- rte-- s.--- community service. D. The primary consideration in appointing EPTAB members shall be: to-provide the Board with technical expertise necessary to effectively accomplish the EPTAB' s purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, _ - Biology (including any of the sub-disciplines such as a 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 areas deemed appropriate by the Board such as, but not limited to, a _ . representative of the development community. E. The initial terms of office of the members of the EPTAB shall be as follows: 1. Three (3) members will serve until September 30, 1992; 2. Three (3) members will serve until September 30, 1993; 3. Pwe-{2} Three (3) members will serve until September 30, 1994; 4. ene-{i} Two (2) members will serve until September 30, 1995. After the initial term of appointment, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to two consecutive terms unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members ' appointments will expire in any one (1) year. 2 Words underlined are added; words struek-threugh are deleted. For the full term of the initial appointments, the twe {Z} three (3) members serving until September 30, 1994 and the ene-{l} two (2) members serving until September 30, 1995 shall have demonstrated expertise in Biology (including any of- the- sub-disciplines such as botany, ecology, zoology, etc.) and/or Wildlife Management. After the expiration of these initial terms of appointment, the vacancies may be filled by members demonstrating expertise in any of the above-mentioned areas related to environmental protection and natural resources management. - - - F.- -Any member of the EPTAB may be removed from office by a"majority vote of the Board. Members shall' be automatically removed if they are absent-- from twoconsecutive meetings without a satisfactory excuse= or if—they are absent from more than one-fourth of the meetings in a -given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75%-of -the meeting. SECTION TWO. Amendment to Section Five of Collier County Ordinance No. 91-26. Section Five of Collier County Ordinance No. 91-26 is hereby amended to read as follows: SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. A. Regular meetings of the EPTAB shall be held on the 2nd Wednesday of each month at 9 : 00 a.m. , or as otherwise determined by EPTAB, in the Commissioner's Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EPTAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda or to cons. r a specific topic. B. A simple majority of the appointed members of the EPTAB shall constitute a quorum for the purpose of conducting 3 Words underlined are added; words strtiek-threugh are deleted. business. An affirmative vote of flue-. 5 - six (6) or more members shall be necessary in order to take official action, regardless of whether f ve-f5} six (6) or more members of the EPTAB are present at a meeting. C. , The EPTAB shall, by 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 EPTAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform- to the same public notice requirements as that of the EPTAB. - D. At the regular meetings of the EPTAB, the following shall be the order of, business: 1. -Roll- Call - 2 . Approval of the Minutes of Previous Meeting 3. Old Business 4. - New Business -5. - Public Comments 6. Adjournment Items shall come before the EPTAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EPTAB. SECTION THREE. Conflict and Severability. In the even 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 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. Declaration of Emergency. This Board does hereby declare that an emergency exists and that immediate enactment of this ordinance is necessary, and by no 4 Words underlined are added; words sfruek-threugh are deleted. less than four-fifths (4/5ths) vote of the membership of the Eoar.. does hereby waive notice of- intent to consider this ordinance. SECTIONcFIVE. Effective Date A certified- copy of this ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. This ordinance shall become effective as provided in Section 125. 66(3) , Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 18th day of June 1991. :._ ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C.- GILES, CLERK COLLIER COUNTY, FLORIDA • r - BY: ti.S PATRICIA ANNE GOODNIGHT '` Ap• oved as. V, form and CHAIRMAN ' legal sufficiency: ! 1 1: '�� 4 Kenneth B. , Cu This ordinance filed with the County Attorn y S'ec Lary of ate's Offices C�7�`"'day of �yy/ and ockno edgeme of that f� g receiv;rhi+ day .;d4.dd rL j7"- Deputy Clerk 5 Words underlined are added; words strttek-threugh are deleted.