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Backup Documents 07/09/2013 Item #17E2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR G A TTiR� Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwa-ded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK kb-1 7/9/13 4. BCC Office Board of County Gk\ N` Commissioners /`,,` � \-zA 5. Minutes and Records Clerk of Court's Office 17113 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A Klatzkow,County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 7/9/13 Agenda Item Number :7-E(2) Approved by the BCC Type of Document Ordinance—Amendment to EAC Ordinance Number of Original One Attached Documents Attached PO number or account n/a number if document is nit 1 to be recorded C7`�-� INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwar ing to Tallahassee within a certain time frame or the BCC's actions are nullified. Bee of your deadlines! 8. The document was approved by the BCC on 7/9/13 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t - JAK BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. ■ae_ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2,24.05;Revised 11/30/12 17E2 MEMORANDUM Date: July 23, 2013 To: Jeff Klatzkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2013-51: Amending 2009-32, as amended, the Collier County Environmental Advisory Council Ordinance Attached for your records is a copy of the ordinance referenced above, (Item #17E2) adopted by the Board of County Commissioners on Tuesday, July 9, 2013. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 17E2 ORDINANCE NO. 2013 - 51 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32, AS AMENDED, THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY AMENDING SECTION ONE (MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY PLANNING COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL; AND DELETING PROVISIONS RELATING TO QUORUM AND VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS, AND EVALUATION OF THE EAC; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted Ordinance No. 2009-32, which relocated and readopted the Environmental Advisory Council Ordinance in its entirety as a stand-alone ordinance in the Collier County Code of Laws and Ordinances; and WHEREAS, the Board subsequently amended Ordinance No. 2009-32, through its adoption of Ordinance No. 2009-36 and Ordinance No. 2010-37; and WHEREAS, the Board wishes to further amend Ordinance No. 2009-32, as amended, in order to preserve the functionality of the Environmental Advisory Council but designate the Collier County Planning Commission to sit as the Environmental Advisory Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-32, AS AMENDED. Section One is hereby amended as follows: (1) 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. Words Underlined are added; Words Struck Through are deleted. Page 1 of 6 17E2 (2) 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 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. (3) 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; 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; J. 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; Words Underlined are added;Words duel gh are deleted. Page 2 of 6 17E2 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; L. 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; 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. 0. 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. Words Underlined are added;Words Struck Struek-Thfough are deleted. Page 3 of 6 17E2 (4) Membership. The Board of County Commissioners hereby designates the Collier County Planning Commission as its local planning agency to sit as its Environmental Advisory Council. A. Appointment. Five regular members and 1 alternate member of the EAC shall be attend meetings when regular members have notified staff that they will be absent. The alternate • - . . . - - . . - . . ... - .. ., . -- term of office. Each appointment shall be for a term of'1 years. Terms shall be staggered so that County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's pu s: . • • ..••- - --- • • . : • • - members, and 1 technical alternate member. Technical members shall demonstrate evidence of ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. • terms shall-be f e r 1 . , • • - _ . • -- - •- . .•-- -• ., - • - _ -- ., . . of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The chairman. Should the offices of chairman and or vice chairman become vacant, the EAC shall unexpired term of said office. A simple majority of the appointed members of the EAC shall constitute a Words Underlined are added;Words Struck Through are deleted. Page 4 of 6 17E2 more members of the EAC are present at a meeting. the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. 1. Growth managcmcnt. The EAC may establish other subcommittees comprised Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC.•• •:eI •. - • - . _ ---•- - - . _ - - -, •. - ' . . n n •- . . - - • - Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. - • - . - • . : accomplishments and whether it is serving . .. - - . . - - - ! . - -. , _ ' , . amended (10) 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 Words Underlined are added;Words Struck Through are deleted. Page 5 of 6 1 17E2 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. * * * * * * * SECTION TWO: 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 THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective October 1, 2013. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, thisaday of —V-A•-\ , 2013. `'. r A T T E S 7 BOA' o co CS Y COMMISSIONERS DWIGLT-"F°BRO W.Cler.k' COLL 1 R ! • 1 , FLORIDA,4 ` i pe C/ GE( GIA A. HILLER, ESQ. Attest .. to '0,to' A., b, CHAIRWOMAN signat eo Ape :ii;4 f o form and legality: r+*1_ A Jeffrey 1 NI L at ow County •titrney Words Underlined are added;Words Struck Through are deleted. Page 6 of 6 17E2 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-51 which was adopted by the Board of County Commissioners on the 9th day of July, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of July, 2013 . DWIGHT E . BROCK Clerk of Courts•'` cfic .Cl•ez7 Ex-officio to .Bdarer'b`f_ County Commissioners - { By: Martha Verg:r. Deputy Cler.