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Ordinance 1991-68 _ — _ E' I.�,RI�J iPlNal_L EsiI 10ES ROU i INR DATE: ._. ACTION; ORDINANCE NO. 91- 68 --•- AN ORDINANCE ESTABLISHING THE COLLIER COUNTY::___ -_�`r ENVIRONMENTAL ADVISORY BOARD AND ABOLISH1G (�5 " °�Al� THE WATER MANAGEMENT ADVISORY BOARD AND „ . ----.- /�678970 ENVIRONMENTAL ADVISORY COUNCIL; PROVIDING F� .__. �y3 1i AUTHORITY, FUNCTIONS, POWERS AND DUTIES; ---;;-----4.:::::===.1. r '� 4 '; PROVIDING FOR MEMBERSHIP; PROVIDING FOR tom; M AU61991 "©FFICERS AND SUPPORT STAFF; PROVIDING FOR *,•,, y SEETINGS, QUORUM, RULES OF PROCEDURE; 4 n^ "' RECEIVED TROVIDING FOR SCOPE OF LAND DEVELOPMENT w mm .,T' Clerk *ROJECT REVIEWS; PROVIDING FOR LIBERAL n c! of Board p ONSTRUCTION; PROVIDING FOR REPEAL OF COLLIER c, COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND - 1 9�Setzezzie/ SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING COLLIER COUNTY ORDINANCE NO. i 77-66, SECTION 10; PROVIDING FOR REIMBURSEME Tp r. OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; . PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 74-50 as amended by Collier County Ordinance No. 87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of' Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board .on matters affecting the conservation and maintenance of the County' s natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one .Environmental Advisory Board (EAB) would eliminate both the Words underlined are additions; Words strtiek-through are deleted. - 1 - -4 1 fragmentation of the County' s natural resource review and the unnecessary duplication involved in the presentation of land development projects to members of both advisory boards; and WHEREAS, Objective 3 and Policies 3 . 1 and 3 . 2 of the Future Land Use Element of the Collier County Growth Management Plan address improvements to the efficiency and effectiveness in the land use regulatory process through a streamlining of requirements and procedures and commitment to reorganize the County' s development review process; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No. 77-66 provides for the EAC tofunction as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No. 86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The Environmental Advisory Council (EAC) and the Water Management Advisory Board (WMAB) are hereby abolished as of: one hundred eighty (180). days after the effective date of this Ordinance or the first meeting of the Environmental Advisory Board (EAB) , whichever occurs earlier. At the date and time of the first meeting of the EAB as provided herein all matters then still pending before the EAC and WMAB ipso facto shall be transferred to the EAB and shall be the first matters of consideration by the EAB. Words underlined are additions; Words struek-through are deleted._ - 2 A SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the review and evaluation of specific zoning and development petitions and their impact on the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. The EAB will function to: 1. 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, including but not limited to Rezones, Developments of Regional Impact, Provisional Uses, Subdivision Master Plans and Planned Unit Development Amendments that are directed to the EAB by County staff, the Board or the provisions of this Ordinance. C. The powers and duties of the EAB are as follows: 1. Implement the provisions of the Conservation and Coastal Management Element of the County' s Comprehensive Plan during the review process for development petitions and/or plans. 2 . Participate in the review and recommendation process for excavations as provided for in Collier County Ordinance No. 88-26, as amended. 3 . Assist in the implementation of any new programs, ordinances and/or policies created through the Environmental Policy Technical Advisory Board and adopted by the Board of County Commissioners which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. Words underlined are additions; Words strnek-threugh are deleted. - 3 4 . Provide an appeals 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 Board consideration. 5. Function as an Environmental Impact Statement (EIS) appeal board pursuant to Collier County Ordinance No. 77-66. SECTION THREE: MEMBERSHIP. A. Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. B. Vacancies on the EAB shall be publicized in a publication of general circulation within the County, and vacancy noticesshall be posted in the County libraries and Ccunty ';urthouse. 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 community service. D. The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB' 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 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 Words underlined are additions; Words strnek-threugh are deleted. - 4 - j 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 EAB shall be as follows: 1. Two (2) members will serve until September 30, 1992 ; 2 . Two (2) members will serve until September 30, 1993 ; 3 . Two (2) members will serve until September 30, 1994 ; 4 . One (1) member 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 one term unless waived by the Board by a unanimous vote. A member may 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. F. Any member of the EAB may be removed from office by a majority vote of the Board. G. Members shall be automatically removed if they are absent from two consecutive 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 FOUR: OFFICERS AND SUPPORT STAFF. A. The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one `-(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. B. The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the removal, Words underlined are additions; Words struck-through are deleted. - 5 - resignation or death of the Chairman, the Vice-Chairman shall perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. C. Professional support staff for the EAB shall be provided by the Project Review Services Section of the Development Services Department and such other County staff from elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. A. Regular meetings of the EAB shall be held on the 1st Wednesday of each month at 9: 00 a.m. , in the Commissioner's Meeting Room, 3rd Floor, Building "F" , Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. B. A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be necessary in order to take official action, regardless of whether four (4) or more members of the EAB are present at a meeting. C. The EAB 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 EAB 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 EAB. D. At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2 . Approval of the Minutes of Previous Meeting Words underlined are additions; Words strtzek-thretigh are deleted. - 6 - 3 . Old Business 4 . New Business 5. Public Comments 6. Adjournment Items shall come before the EAB as scheduled on the Project Review Services support staff prepared agenda unless a specific request arises which justifies deviation by the EAB. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. The Environmental Advisory Board shall review all land development petitions which require an Environmental Impact Statement (EIS) , all Developments of Regional Impact (DRI) , lands with Special Treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the County covered by interlocal agreements, any petitions which cannot be resolved between the applicant and Jt =_ r a which is requested to be heard by the the Environmental Advisory Board by either party and any petition which requires approval of the Collier County ?planning Commission or the Board of County Commissioners and staff receives a request for the petition to be heard by the Environmental Advisory Board from the chairman of the Environmental Advisory Board or chairman of the Board of County Commissioners. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, . welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCENO. 87-97 . Collier County Ordinance No. 87-97 is hereby repealed in its entirety. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request Words underlined are additions; Words struek-through are deleted. - 7 - for appeal, not later than ten (10) days after said decision, with the Environmental Advisory eetzrteil Board. The Environmental Advisory eeune4 Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eeuneil Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eettneil Board and to the County Manager copies of .the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eeuneii Board will submit to the Board of County Commissioners the4r 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 in light of the recommendations of the Environmental Advisory eeune4+ Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members '7A.B shall serve without compensation, but hall be entitled to receive re-...: .. ;- for expenses reasonably incurred in the performance of their duties upon prior approval of the Board. of. County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1995, in -accordance with the procedures contained in Collier County Ordinance No. 86-41. . SECTION TWELVE: CONFLICT AND SEVERANCE. 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 held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, Words underlined are additions; Words strttek-threttgh are deleted. - 8 - • distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become 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 Collier County, Florida, this .30 day. of G- 7" , 1991. Cr"/ ,/ -ATTEST: BOARD OF COUNTY. COMMISSIONERS JAMES C.• GILES, Clerk COLLIER COUNTY, FLORIDA • '��� __ �/ ' • BY: iskItAx,44,6,\ wJ� 4gA`/C/ PATRICIA ANNE GO DNIGH Chairman Approved as to form and . legal, sufficiency: tie vid C. Weil AO Assistant County' . torney ord/dw/kn/2913 This ordinance fed with the • • Secretary of tote's Office the -SZ % day o ' /99/ and acknowledgement of that filing received t i day o By Deputy cleric • • Words underlined are additions; Words etrttek-thretigh are deleted.. - 9 -