Agenda 05/26/2009 Item #17K
Agenda Item ~~o. 17K
May 26,2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Historic/Archaeologic Preservation Board Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.07.00 of the Collier County Land Development Code.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance which relocates the Historic/Archaeologic Preservation Board Ordinance from the
Collier County Land Development Code to the Collier County Code of Laws and Ordinances
while concurrently repealing Section 8.07.00 of the Collier County Land Development Code.
There are no revisions to the Historic/ Archaeologic Preservation Board Ordinance other than
minor housekeeping revisions to adapt to its new location in the Collier County Code of Laws
and Ordinances.
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CONSIDERA TIONS: Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of the Planning Commission, the Board of Zoning Appeals, the
Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the
Historic! Archaeologic Preservation Board. Article VIII (Boards, Commissions, Committees and
Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances
also contains the establishment, powers and duties of a number of decision-making and
administrative bodies, including the Health Facilities Authority, the Housing Finance Authority,
the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic
Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory
Committee, the Tourist Development Council, the Development Services Advisory Committee,
and the Animal Services Advisory Board, as \vell as several others, and also contains the overall
standards for the creation and review of County Boards Ordinance.
The Board determined that it would be advantageous to relocate the LDC Boards into the
administrative section of the Code of Laws and Ordinances in that (1) there are a limited number
of annual amendment cycles for the LDC, whereas amending general ordinances has no such
constraint; and (2) having the ordinances concerning all of the County's decision-making and
administrative bodies located within the same administrative section of the Collier County Code
of Laws and Ordinances aids the public in locating these advisory board rules. Creating
separate, stand alone ordinances for each of these boards (rather than a single, consolidated
advisory board ordinance) will make it easier to amend these rules and regulations as the need
arises. At its May 12. 2009 meeting, the Board authorized staff to proceed with advertising the
attached Ordinance and waived the requirement, if any, of a special LOC cycle.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
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LEGAL CONSIDER>\. TIONS: The proposed Ordinance was drafted by the County Attorney,
duly advertised and legally sufficient for Board action. This is a regular Board item requiring
supermajority vote. JAK
Aoenda item ~~o. i7K
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RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which relocates the Historic/ Archaeologic Preservation Board Ordinance from the
Collier County Land Development Code to the Collier County Code of Laws and Ordinances
while concurrently repealing Section 8.07.00 of the Collier County Land Development Code,
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. 17K
May 26, 2009
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17K
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Historic/Archaeologic Preservation Board Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.07.00 of the Collier County Land Development Code.
5/26/2009 90000 AM
Prepared By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/1412009 S:50:37 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20092:50 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5/15/20099:58 AM
Appruved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
5115/20093:28 PM
Appruved By
Leo E. Dehs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
511612009 10:3S AM
file://C :\A~endaTest\ExDort\ 130-Mav%2026. %202009\ 17. %20S UMMAR Y%20AGENDA \... 5/20/2009
f\gerlda Itsm hJo. 17K
May 26. 2009
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELOCATING THE HISTORIC/ARCHAEOLOGIC
PRESERVATION BOARD ORDINANCE FROM THE LAND
DEVELOPMENT CODE INTO THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES BY READOPTING
SAID CODE IN ITS ENTIRETY AS A STAND-ALONE
ORDINANCE WHILE CONCURRENTL Y REPEALING
SECTION 8.07.00 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Planning Commission, the Board of Zoning Appeals, the Building Board of
Adjustments and Appeals, the Environmental Advisory Council, and the Historic! Archaeologic
PreseIVation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory
Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory
Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number of annual amendment cycles for the Land
Development Code, whereas amending general ordinances has no such constraint; and
WHEREAS, the Board finds that it is in the public interest to relocate this portion of the
Land Development Code into the Collier County Code of Laws and Ordinances and to create
separate ordinances for each of these Boards, thereby making it easier to amend these rules and
regulations as the need arises, as well as to have the ordinances concerning all of the County's
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Agenda Item No. ilK
May 26, 2009
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decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.07.00 (Historic/Archaeologic Preservation
Board) of the Collier County Land Development Code in its entirety, as a separate, stand-alone
ordinance, as follows:
(1) Establishment
There is hereby created a Historic/Archaeological Preservation Board ("Preservation
Board,") which shall serve as an advisory board to the BCC for Collier County, Florida. The
Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate,
and administer historical and archaeological resources in the County, as set f{)rth by this LDC,
under the direct jurisdiction and control of the BCC.
(2) Powers and Duties
The Preservation Board shall have the following powers and duties:
A. To propose rules and procedures to implement the provisions of this section to the BCC;
B. To create a map delineating the areas of archaeological and historical significance which
shall be subject to approval, by resolution, of the BCe. This map shall be known as "The map of
Areas of Historical Archaeological Probability" and shall be completed within 1 year from the
date of the first meeting of the Preservation Board;
C. Maintain and update the map of Areas of Historical Archaeological Probability at
intervals not to exceed 5 years. All subsequent changes to the map shall be subject to approval
by the BCC;
D. To designate specific sites, structures, districts, buildings, and properties as historically
ll.Tld or archaeologicaIly significa..'1t in accorda..icc with section 2.03.07 E. of the Collier County
Land Development Code;
E. To seek assistance and advice on technical related matters requmng professional
expertise;
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Agenda item r'Jo. 17K
May 26, 2009
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F. To maintain a master file of sites, districts, structures, buildings, and properties
designated as historically significant; and maintain a separate master file of sites designated as
archaeologically significant;
G. To prepare and recommend to the BCC financial and technical incentive programs to
further historic and archaeological preservation;
H. To increase the awareness of historic and archaeological preservation and its community
benefits by promoting public education programs;
1. To apply for, in the name of the County only, grant assistance from state, federal, or
private sources for the purpose of furthering historic and archaeological preservation subject to
approval of the BCC;
J, To review the appropriateness of applying for the designation as a certified local
government (36 e.F.R. S 61 (2001)) on behalf of the County;
K. Upon the COlUlty'S designation as a certified local government, to review and make
recommendations concerning National Register of Historic Places nomination proposals to the
Florida review board;
L. To identify criteria for determining the potential location of historical archaeological sites
which shall be used by project review services during site inspection;
M. To design an application for the certificate of appropriateness;
N. To issue certificates of appropriateness based on criteria outlined in the U.S. Secretary of
the Interior's "Standards for Rehabilitation" 36 e.P.R. S 67 (2001), as amended, and incorporated
by reference herein;
O. To design an application for an historical archaeological survey and assessment waiver
request;
P. Review appeals for historical archaeological survey and assessment waiver requests
denied by the County Manger or designee;
Q. To design an application for designation of specific sites, districts, structures, buildings,
and properties as historically archaeologicalIy significant; and
R. To perform any other flUlction or duty assigned by the BCe.
(3) Membership
A. Appointments. The Preservation Board shall consist of 7 members appointed by the
BCC. Each member of the Preservation Board shall hold office only so long as he or she is a
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Agenda Item No. 17K
May 26, 2009
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resident of Collier County, Florida. Appointments shall be made by resolution of the BCC on
the basis of a potential member's involvement in community issues, integrity, experience, and
interest in the field of historical and archaeological preservation.
B. Qualifications. The BCC shall appoint 1 member from each of the following categories:
1. History;
2. Archaeology;
3. Real estate, land development, or finance;
4. Architecture, engineering, building construction, and landscape architecture; and
5. Law or urban planning.
The 2 remaining positions shall be filled by citizens at large.
C. Term. All appointments shall be made for 3 years. A Preservation Board member shall
be eligible for reappointment, but shall be limited to 2 consecutive terms.
D. Officers. The members of the Preservation Board shall elect a chairman and a vice-
chairman for a 1 year term each. The chairman shall preside at all meetings and shall have the
right to vote. The vice-chairman shall preside in the absence of the chairman. The chairman and
vice-chairman may be reelected for an additional 1 year term each, but may not serve for more
than 2 consecutive years.
E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board
may be removed from office by a majority vote of the BCC. A member of the Preservation
Board shall be automatically removed if he is absent from 2 consecutive meetings without a
satisfactory excuse or, in the alternative, ifhe is absent from more than 1/4 of the meetings in a
given fiscal year, provided that the Preservation Board has met at least 8 times in the given fiscal
year. Members shall be deemed absent from a meeting when they are not present during at least
75 percent of the meeting.
F. Vacancy. The BCC shall fill the vacancy by appointment.
(4) Compensation
Members of the Preservation Board shall serve without compensation.
(5) Meetings
A. The Preservation Board shall meet at least once per month, at a date and time to be
decided by the Preservation Board, unless there is no business pending before the Preservation
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J\;Jenda Item No. 17K
May 26, 2009
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Board. Regardless of the lack of pending business, the Preservation Board shall meet at least 4
times during any calendar year.
B. All meetings of the Preservation Board shall be open to the public.
C. A public record of the Preservation Board's minutes and resolutions shall be maintained
and made available for inspection by the public.
D. The Preservation Board's meeting agenda shall be published the Sunday prior to the
scheduled meeting in a newspaper of general paid circulation in the County and of general
interest and readership in the community. Tne ad may be placed where other legal notices
appear.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.07.00
(Historic/Archaeologic Preservation Board) of the Collier County Land Development Code is
hereby repealed in its entirety.
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 Ordinlli"1ce 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: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VITI (Boards,
Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: 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.
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Agenda Item No. 17K
May 26, 2009
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of ~c:t...a....\ , 2009.
\
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
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