Agenda 06/09/2009 Item #17F
Agenda Item No. 17F
June 9, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance
amending Ordinance No. 2009-32, the Environmental Advisory Council Ordinance, by
(1) reducing the membership from 9 to 5 regular members, and the alternate members
from 2 to 1; (2) reducing the technical membership guideline from 6 to 3 for the regular
members, (3) reducing the non-technical membership guideline from 3 to 2 for the
regular members; and (4) reducing the quorum and voting requirement from 5 to 3
members.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance
amending Ordinance No. 2009-32, the Environmental Advisory Council Ordinance, by reducing
the size of the Council from 9 to 5 members, and adjusting other membership guidelines as a
result of this reduction.
CONSIDERATIONS: During its May 12, 2009 meeting, the Board directed the County
Attorney to bring back a proposed ordinance which would amend the Environmental Advisory
Council Ordinance by reducing the size of the Council from 9 to 5 members. In reviewing the
current Ordinance, it became apparent to the County Attorney that this reduction impacted other
membership-related requirements of this Ordinance. The proposed changes to the Ordinance are
summarized as follows:
Membership.
Current Ordinance: Authorizes 9 regular members, 2 alternate members.
Proposed Amendment: Authorizes 5 regular members, I alternate member.
Reason: Board direction with respect to reducing the number of regular members. Since the
Council is being reduced by almost half, I am proposing to reduce the alternate members from 2
to I to maintain the same relative balance.
Qualifications.
Current Ordinance: In appointing members, the Board should consider a membership guideline of
6 technical regular members and 3 non-technical regular members, and 2 technical alternate
members.
Proposed ;<\mendment: In appointing members, the Board should consider a membership
guideline of 3 technical regular members and 2 non-technical regular members, and 1 technical
alternate member.
Reason: Since the Council is being reduced by almost half: I am proposing to adjust the number
of technical members by an approximate like percentage. It should be noted that these are only
guidelines, and not a requirement.
-
Quorum and V otin2.
Current Ordinance: Requires a quorum of 5 members, with an affirmative vote of 5 or more
Agenda Item ~~o. 17F
June 9. 2009
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members in order to take official action, regardless of whether 5 or more members are present.
Proposed Amendment: Requires a quorum of 3 members, with an affirmative vote of 3 or more
members in order to take official action, regardless of whether 3 or more members are present.
Reason: This proposed change was made in response to the reduction from 9 to 5 members, and
is meant to mirror the intent of the Ordinance.
On May 26, 2009, the Board adopted Ordinance No. 2009-32, relocating Environmental
Advisory Council Ordinance from the Collier County Land Development Code to the Collier
County Code of Laws and Ordinances while concurrently repealing Section 8.06.00 of the Collier
County Land Development Code. The Board also authorized the County Attorney to advertise
the attached Ordinance which amends the now stand-alone Environmental Advisory Council
Ordinance as outlined above.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney,
was duly advertised, and is legally sufficient for Board action. This is a regular Board item
requiring simple majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which amends Ordinance No. 2009-32, the Environmental Advisory Council
Ordinance, in order to (1) reduce the membership from 9 to 5 regular members, and the alternate
members from 2 to 1; (2) reduce the technical membership guideline from 6 to 3 for the regular
members, (3) reduce the non-technical membership guideline from 3 to 2 for the regular members;
and (4) reduce the quorum and voting requirement from 5 to 3 members.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 17F
June 9. 2009
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17F
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2009-32. the Environmental Advisory Council Ordinance, by (1) reducing the
membership from 9 to 5 regular members, and the alternate members from 2 to 1; (2)
reducing the technical membership guideline from 6 to 3 for the regular members, (3)
reducing the non-technical membership guideline from 3 to 2 for the regular members: and
(4) reducing the quorum and voting requirement from 5 to 3 members.
Meeting Date:
6/9/2009900:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
5/29/20092:47:29 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
6/1/20094:49 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/2/2009 9:36 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
6/2/200912:10 PM
file://C:\AgendaTest\Exnort\ 1'11-.Iune%209.%202009\ 17.%?OSl TMMARY%?OAGFNnA \ 17
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Agenda item No. 17F
June 9, 2009
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ORDINANCE NO. 2009-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING THE ENVIRONMENT AL
ADVISORY COUNCIL ORDINANCE BY (1) REDUCING THE
MEMBERSHIP FROM 9 TO 5 REGULAR MEMBERS AND THE
ALTERNATE MEMBERS FROM 2 TO 1; (2) REDUCING THE TECHNICAL
MEMBERSHIP GUIDELINE FROM 6 TO 3 FOR THE REGULAR
MEMBERS; (3) REDUCING THE NON-TECHNICAL MEMBERSHIP
GUIDELINE FROM 3 TO 2 FOR THE REGULAR MEMBERS; AND (4)
REDUCING THE QUORUM AND VOTING REQUIREMENT FROM 5 TO 3
MEMBERS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier COWlty Ordinance No. 2009-32 sets forth the establishment, powers
and duties of the Environmental Advisory Council; and
WHEREAS, the Board finds that it is in the public interest to reduce the number of
members of this COWlcil from 9 members to 5, which in turn requires changing the quorum and
voting requirements, as well as reducing the number of desired technical and non-technical
members.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2009-32.
Section 4 is hereby amended to read a follows:
(4) Membership
A. Appointment. NHte Five regular members and ~ 1 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCC. The Aalternate members will be requested
to attend meetings when regular members have notified staff that they will be absent. The
A!!lternate members will participate in discussions and vote when replacing a regular member.
Appointment to the EAC shall be by resolution of the BeC and shall set forth the date of
appointment and the term of office. Each appointment shall be for a term of 4 years. Terms shall
be staggered so that no more than a minority of such members' appointments will expire in any
one year.
Words Underlined are added; Words Slnwk Th:-ougfl are deleted.
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~
Agenda Item No. 17F
June 9, 2009
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B. Vacancies. Vacancies on the EAC 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.
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 purpose. In appointing members, the BCC should
consider a membership guideline of & 1 technical regular members and J. ~ non-technical regular
members, and ~ 1 technical alternate members. Technical members shall demonstrate evidence
of expertise in I or more of the following areas related to environmental protection and natural
resources management: air quality, biology (including any of the subdisciplines 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, stonnwater
management, water resources, wildlife management, or other representative area deemed
appropriate by the BCC.
***
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009-32.
Section 5 is hereby amended to read as follows:
(5) Quorum and Voting
A simple majority of the appointed members of the EAC shall constitute a quorum for the
purpose of conducting business. An affirmative vote of ~ 3 or more members shall be necessary
in order to take official action, regardless of whether ~ 3 or more members of the EAC are
present at a meeting.
)
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more res1rictive 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.
Words Underlined are added; Words Ewek Threvgh are deleted.
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Agenda Item No. 17F
June 9, 2009
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SECI10N FOUR: 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 suc~ 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.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
ow, County Attorney
Words Underlined are added; Words StnJek 1'lIFeugb are deleted.
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,.,
., -'~'''3n~EFORDiNANCE
. ,:', } - ." " ',.
Notice Is hereby given that on Tuesday, June 9.
2009 in the Boardroom, 3rd Floor, Administration
. Building, Collier county Government Center, 3301
East Tamiami Trail, Naples, Florida. the .Board of
County Commissioners will consider the enactment
of a County Ordinance. The meeti ng will com.
mence at 9:00 A.M. The title. of the proposed Ordi-
nance is as follows: ...,-
AN ORDINANCE OF THE BOARD OF COUNTY COM-
MISSIONERS OF COlliER COUNTY, FLORIDA,
~~ENtJ~~~JE ~~Vl~~~~WZ.~~~~t~~'UB&~~~p
FROM 9 TO 5 REGULAR MEMBERS ANO THE ALTER-
NATE MEMBERS FROM. 2 TO 1; (2) REDUCING THE
TECHNICAL \MEMBERSHIP GUIDELINE FROM 6 TO 3
FOR THE REGULAR MEMBERS; (3) REDUCING THE
NON-TECHNICAL MEMBERSHIP GUIDELINE FROM 3
TO 2 FOR THE REGULAR MEMBERS; AND (4) REDUC-
ING THE QlJORUM AND VOTING REQUIREMENT
FROM 5 TO -3 MEMBERS; PROVIDING FOR CONFLICT
, AND SEVERABILITY: PROVIDING FOR INCLUSION IN
, THE CODE Of LAWS AND ORDINANCES; AND PRO-
VIDING FOR AN EffECTIVE DATE.
copies of the proposed Ordinance are on file with
the Clerk to the Board and are available for inspec-
tion. All interested parties are invited to attend
and be heard. '
NOTE: All persons wishing to'speak on any agenda I
Item must register with the county .admlnistrator .
prior to presentation of the agenda item to be ad- ,
cressed. Individual. speakers wlll .be limited to 5
minutes on any Item. The selection of an individual ,
to speak on behalf of an organization or group is '
encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be
allotted 10 minutes to spea~ pn an Item. .
. .,
Persons wishing to have. written or graphiC materi-
als included in the BOard agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public hearing. In any case, written
materials intended to be considered by the Board
shall be submitted to. the appropriate county staff
a minimum of seven days prior to the public hear-
ing. All material used In presentations before the
Board will becoll'1€ a p~rma~ent part of the record. ...
Any person who decides to appeal a decision of the
Board will need a record of the proceedings pel'.
taining thereto and therefore, may !'eed to ensure
that a verbatim record of the proceedings is made,
which record Includes the testimony and evidence
upon which the appeal Is based.
If you are a person with a disability who needs any
accommodation in order to participate in this pro-
ceeding; you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier county facilities Management Dep'artment,
located at 3301 Tamlaml Trail East, BUilding W,
Naples. Florida 34112. (239) 252.8380, Assisted lis-
tening devices for the hearing impaired are avail-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID'" .
. OONN'" fiALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, oeputy Clerk
(SEAL) . .
Mav.,q ,
NolROl109
Agenda Item No. 17F
June 9. 2009
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