Backup Documents 05/26/2009 Item #17J
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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1
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating DeptJ Div: County Attorney Person:
Petition No, (If none, give brief description): None
Petitioner: (Name & Address): NfA
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
Jeffrey A. KJatzkow, County Attorney Date: May 12, 2009
Hearing before
BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) May 26, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY, May 15, 2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
o Other
XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL 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 CONCURRENTLY REPEALING
SECTION 8.06.00 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.
Companion petition(s), ifany & proposed hearing date: NfA
Does Pe 'tion Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs:
001-100510-649100 - P,O.4500099539
Review
-~.
s 1,>./"
Date '
ator or Designee
Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
***********************************************.****************************************************...****
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL
ADVISORY COUNCIL 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 CONCURRENTLY REPEALING
SECTION 8.06.00 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
Preservation 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
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
Page) of8
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the
Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as
follows:
(1) Establishment
There is hereby established an Environmental Advisory Council (ilEAC"). The EAC
obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC,
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.
(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, including, but not limited to, rezones, developments of regional impact,
Page 2 or8
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,
provisional uses, subdivision master plans, and planned unit development amendments that are
directed to the EAC by County staff, the BCC, or the provisions of this 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 revIsmg, 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 this 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. Participate in the review and recommendation process for excavations over 500,000 cubic
yards;
K. Assist in the implementation of any new programs, ordinances, andlor 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;
Pag~ 3 0[8
1 7 J f.~
L. 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;
M. Function as an environmental impact statement (EIS) review board pursuant to Chapter
10; and
N. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on a shoreline and/or undeveloped coastal barrier 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.
O. Scope of land development project reviews. The EAC shall review all land development
petitions which require the following: an environmental impact statement (EIS) per section
10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment
(ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or 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. The EAC shall also review any
petition which requires approval of the Collier County Planning Commission (CCPC) or the
board of county commissioners (BCC) where staff receives a request from the chairman of the
EAC, CCPC or the BCC for that petition to be reviewed by the EAC.
1. Any petitioner may request a waiver to the EAC hearing requirement, when the
following considerations are met: 1) no protected species or wetland impacts are
identified on the site; 2) an EIS waiver has been administratively granted; 3) ST
zoning is present and an administrative approval has been granted; or 4) an EIS
was previously completed and reviewed by staff and heard by a predecessor
environmental board, and that EIS is less than 5 years old (or if older than 5 years,
has been updated within 6 months of submittal) and the master plan for the site
does not show greater impacts to the previously designated preservation areas.
2. The surface water management aspects of any petition, that is or will be reviewed
and permitted by South Florida Water Management District (SFWMD), are
Page 4 of8
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I
exempt from review by the EAC except to evaluate the criteria for allowing
treated stormwater to be discharged in Preserves as allowed in section 3.05.07.
(4) Membership
A. Appointment. Nine regular members and 2 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to
attend meetings when regular members have notified staff that they will be absent. Alternate
members will participate in discussions and vote when replacing a regular member, Appointment
to the EAC shall be by resolution of the BCC 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 anyone year.
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.
e. 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 arc
necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should
consider a membership guideline of 6 technical regular members and 3 non-technical regular
members, and 2 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, stormwater
management, water resources, wildlife management, or other representative area deemed
appropriate by the BCe.
D. Removal. Any member of the EAC may be removed from office by a majority vote of
the BCC.
E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers'
ternlS shall be for I year, with eligibility for reelection. The chairman and vice-chairman shall be
elected by a majority vote at the organizational meeting and thereafter at the first regular meeting
Page 5 of 8
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of the EAC in October of each year. The chairman shall preside at all meetings of the EAe. The
vice-chairman shall perform the duties of the chairman in the absence or incapacity of the
chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall
perform such duties as are imposed on the chairman until such time as the EAC shall elect a new
chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall
elect a successor from its membership at the next regular meeting. Such election shall be for the
unexpired term of said office.
(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 5 or more members shall be necessary in
order to take official action, regardless of whether 5 or more members of the EAC are present at
a meeting,
(6) Rules of Procedure
A. The EAC 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.
B. The following standing subcommittees comprised solely of the EAC's membership shall
exist to advance the duties and responsibilities ofthe EAC:
1. Growth management. The EAC may establish other 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
EAC.
(7) Compensation
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 BCe.
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(8) Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00
a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room,
third floor, building "F," Collier County Government Complex, Naples, Florida. Special
meetings of the EAC may be called by the chairman or by a majority of the membership.
(9) Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is serving the
purpose for which it was created once every 4 years commencing with 2003 in accordance with
the procedures contained in Collier County Ordinance No. 86-41, as 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 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: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory
Council) of the Collier County Land Development Code is hereby repealed in its entirety.
Page 7 of8
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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 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: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
Page 8of8
ORDINANCE NO. 2009-
17 J 1
(Q; (Q) [J;)) W
fYDW1 cPO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL
ADVISORY COUNCIL 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 CONCURRENTLY REPEALING
SECTION 8.06.00 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
Preservation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) ofthe 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
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
Page 1 of8
.
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NOW, THEREFORE, BE IT ORDAfNED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8,06.00 (Environmental Advisory Council) of the
Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, 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 BCe, and pursuant to this LDC,
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.
(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 ofthe 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, 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 EAC by County staff, the BCC, or the provisions oftffis the LDC.
Page 2 of8
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(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 revIsmg, 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 this the LDC;
H. Provide an opportunity for public comment on environmental Issues, ordinances, and
programs;
1. 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. Participate in the review and recommendation process for excavations over 500,000 cubic
yards;
K. 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;
L. 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;
Page 3 of8
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M. Function as an environmental impact statement (ElS) review board pursuant to Chapter
10 of the LDC; and
N. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on a shoreline and/or undeveloped coastal barrier 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.
O. Scope of land development project reviews. The EAC shall review all land development
petitions which require the following: an environmental impact statement (EIS) per section
10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment
(ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or 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. The EAC shall also review any
petition which requires approval of the Collier County Planning Commission (CCPC) or the
board of county commissioners (BCC) where staff receives a request from the chairman of the
EAC, CCPC or the BCC for that petition to be reviewed by the EAC.
1. Any petitioner may request a waiver to the EAC hearing requirement, when the
following considerations are met: I) no protected species or wetland impacts are
identified on the site; 2) an ElS waiver has been administratively granted; 3) ST
zoning is present and an administrative approval has been granted; or 4) an EIS
was previously completed and reviewed by staff and heard by a predecessor
environmental board, and that EIS is less than 5 years old (or if older than 5 years,
has been updated within 6 months of submittal) and the master plan for the site
does not show greater impacts to the previously designated preservation areas.
2. 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 except to evaluate the criteria for allowing
treated stormwater to be discharged in Preserves as allowed in section 3.05.07 of
the LDC.
Page 4 of 8
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(4) Membership
A. Appointment. Nine regular members and 2 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to
attend meetings when regular members have notified staff that they will be absent. Alternate
members will participate in discussions and vote when replacing a regular member.
Appointment to the EAC shall be by resolution of the BCC 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.
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 6 technical regular members and 3 non-technical regular
members, and 2 technical alternate members. Technical members shall demonstrate evidence of
expertise in 1 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, stormwater
management, water resources, wildlife management, or other representative area deemed
appropriate by the BCe.
D. Removal. Any member of the EAC may be removed from office by a majority vote of
the BCC.
E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers'
terms shall be for 1 year, with eligibility for reelection. 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 EAC in October of each year. The chairman shall preside at all meetings of the EAC. The
vice-chairman shall perform the duties of the chairman in the absence or incapacity of the
chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall
Page 5 of8
17J
perform such duties as are imposed on the chairman until such time as the EAC shall elect a new
chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall
elect a successor from its membership at the next regular meeting. Such election shall be for the
unexpired term of said office.
(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 5 or more members shall be necessary in
order to take official action, regardless of whether 5 or more members of the EAC are present at
a meeting.
(6) Rules of Procedure
A. The EAC 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.
B. The following standing subcommittees comprised solely of the EAC's membership shall
exist to advance the duties and responsibilities of the EAC:
1. Growth management. The EAC may establish other 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
EAC.
(7) Compensation
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 BCe.
(8) Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00
a.m. or otherwise as determined by the County Manger Manager or designee, in the BCC's
meeting room, third floor, building ifF," Collier County Government Complex, Naples, Florida.
Special meetings of the EAC may be called by the chairman or by a majority of the membership.
Page 6 of8
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(9) Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is serving the
purpose for which it was created once every 4 years commencing with 2003 in accordance with
the procedures contained in Collier County Ordinance No. 86-41, as 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 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: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental
Advisory Council) 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 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.
Page 7 of8
17 JI
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Zto~ay of ~ ,2009.
- '-
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
App ved as to form
and 'e ciency:
Page 8 of8
17 J 1
Acct #068784
May 12, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Environmental Advisory Board Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, May 15, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office,
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500099539
17 J .'
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 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 meeting will commence at 9:00 A.M, The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL 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 CONCURRENTLY REPEALING SECTION 8.06.00 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.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will 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
speak on an item.
Persons wishing to have written or graphic materials 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 hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
lS based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
17J 1
the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Teresa Polaski, Deputy Clerk
(SEAL)
Teresa L. Polaski
17J ,!'1
To:
Subject:
legals@naplesnews,com
Environmental Advisory Board Ordinance
Attachments:
Relocating EAC 5-26-09,doc; Relocating EAC Ordinance,doc
Legals,
Please advertise the following Friday, May 15, 2009. Thanks
Relocating EAC
5-26-09,doc (28..,
Relocating EAC
Ordinance.doc (..,
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
17J
~
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, May 12, 2009 4:50 PM
Teresa L, Polaski
Delivery Status Notification (Relay)
Attachments:
ATT170817.txt; Environmental Advisory Board Ordinance
I"!:,..C... '1
~
~:m"?1
L::J
A TT170817.txt
(231 B)
Environmental
Advisory Board 0..,
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Environmental Advisory Board Ordinance
Page 1 of 1
1 7 J "1
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews,com]
Sent: Wednesday, May 13, 2009 1 :31 PM
To: Teresa L, Polaski
Subject: RE: Environmental Advisory Board Ordinance
ok
From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com]
Posted At: Tuesday, May 12, 2009 4:49 PM
Posted To: Legals - NDN
Conversation: Environmental Advisory Board Ordinance
Subject: Environmental Advisory Board Ordinance
Legals,
Please advertise the following Friday, May 15, 2009. Thanks
<<Relocating EAC 5-26-09.doc>> <<Relocating EAC Ordinance,doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Polaski@collierclerk.com)
Under Florida Law, e-mail addresses are public records, lfyou do not want your e-mail address released in response to a
public records request. do not send electronic mail to this enti~v, Instead. contact this office by telephone or in writing.
5/1312009
17 Jf
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Wednesday, May 13, 20094:39 PM
Teresa L Polaski
Ad Confirmation
Attachments:
UAS627,jpg
UAS627.jpg (85
KB)
OTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 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 meeting will commence at 9:00 A.M. The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING
THE ENVIRONMENTAL ADVISORY COUNCIL 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 CONCURRENTLY REPEALING SECTION 8.06.00 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.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are available
for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County
administrator prior to presentation of the agenda item to be addressed. Individual
speakers will 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 speak on an item.
Persons wishing to have written or graphic materials 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
hearing. All material used in presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need 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 proceeding; you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Collier County Facilities Management Department, located at
3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted
listening devices for the hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Teresa Polaski, Deputy Clerk
1
(SEAL)
May 15
Thank you for
Date
publication
Ad Number
Total Ad Cost
Emely
No1798821
17J
f
placing your ad.
05/13/09
NDN
1798821
$436.82
2
Teresa L. Polaski
17 J .1
From:
Sent:
To:
Subject:
Attachments:
UAS62D,jpg (85
KB)
Thank you for
Date
publication
Account Number
Ad Number
Total Ad Cost
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, May 13, 2009 4:40 PM
Teresa L. Polaski
Ad Confirmation
UAS62D,jpg
placing your ad.
05/13/09
NDN
744107
1798821
$436.82
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
NotIce is hereby given that on Tuesda:y'. May 26.
2009. 10 the B.oardroom, 3rd Floor, Administration
aUlIding. CoUler County Govf:!rnrnent Cent~r.3301
East Tamiarrll Trail. Naples. Florida. the Board of
County Commissioners will consider the enactment
of a County Ordinance. The meeting 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. RELO-
CATING THE ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE FROM THE lAND DEVELOPMENT CODE
INTO THE COLLIER COUNTY CODE OF lA.WS AND OR-
DINANCES BY REAOOPTING SAID CODE IN ITS EN-
TIRETY AS A STANO-ALONE ORDINANCE WHllECON-
CURRENTL V REPEALING SECTION 8.06.00 OF THE
COLLIER COU~ny LAND DEVELOPf\AENTC()OE; PRO-
VIDING FOR CONFUCTANO SEVERABILllY: PROVID-
ING FOR INCLUSION IN THE CODE OF LAWS AND OR.
DINANCES; AND PROVIDI NG FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordinance are onflle with
the Clerk to the Board and are available fOr inspec-
tion. All interested parties are inv'lted to attend
and be heard.
N orE: All persollS wishing to Spegk on an)' agenda
item must register with the County adminiStrator
prior to presentation of theag~nda item to be ad-
dressed. Ind"rVidual speakers wi.ll be limited to 5-
minutes onany item. The sel~tlon of an individual
to speak on behalf of.a.n organization orgroup is
encouraged. If reco.gnized by the Cha'lrman. a
spokesperso.n fe>r a group or orgaflization may be
allotted 10 minutes to speak on an Item.
Persons wishin9 to have written or gra.phic ma-
terials 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 become a perman~nt part of the record.
Any person who decides to appeal a decision of
the Board will need a record of the proceedings
pf:!rtaining thereto and therefOre. may need to en-
sure that a verbatim re.cord 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 whoneeds any
accommodation in order topartic1pate in this pro-
ceed ing; you are entitled, at no cost to you. to the
provision of certain assistance. Please contact tI1e
Collier County Facilities Management De Rartment.
located at 3301 Tan"liami Trail East. BUIlding W.
N~ples. Florida 34112. (239) 252-8380. Assisted Iis-
tehlr'lg devices far the hearing ImpaIred are avail-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E.BROCK. CLERK
By: /Teresa polaski, Deputy Clerk
(SEAL)
May 15
Nol798821
17J
J
Nap es Daily News
Nap es, FL 34102
Affidavit of Publlcat~on
Naples Daily News
- - - - - - ~ - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - ~ -
BCC/CDES BUDGET OFFICE
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068784
59576699
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Dai~y
News is a newspaper published at Naples, In said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 05/15 05/15
17J
I
t
AD SPACE: 154 LINE ,
FILED ON: 05/15/0~
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - -fY1-~- - - - - - - t- - - - - - - - - - - - - - - - - - - . - - - - -
Signature of Afflant _.__j~ ~
Sworn to and Subscribed before me this \ C( day of '--('no. t 2 CXY1
.' -1-
Personally known by me l" \'0,'1--\ ~ CL(Y)4-00"Lc.J::.~,(
"':"~~";>" CHANEL h MCD.j',1!\i..,
!:~~,-r,E.~(~~~ Commission DO 650'~?':'
~':i"~/,,,} Expires June 29,2011. ,. 'i'"
"."!;./... ,''o''\.'~ <)'-''''1Pri ':''''."1) 1,,,'1 F:w: !nSllliJf1'"b 88\1",.lP.,_ I,,'
("J8;:I\~"\'I' r;",.'." \ ...,.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl'- 7 J
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line throUlzh routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-26-09
5. Sue Filson, Executive Manager Board of County Commissioners
,
6. Minutes and Records Clerk or Court's Office
PRIMARY CONTACT INFORMATION
(The primary contaet is the holder of the original document pending Bce approval. 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, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 5-26-09 Agenda Item Number 17-J
Approved by the BCC
Type of Document Ordinance (8.06.00) 04/~v Number of Original One
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
a TO riate.
1. Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 5-26-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26.05, Revised 2,24.05
04-COA-01190/1 185
17J E~
ORDINANCE NO. 2009-----12-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL
ADVISORY COUNCIL 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 8.06.00 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
Preservation 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
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
Page 1 of8
17 Jt
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the
Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, 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 pursuant to this LDC,
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.
(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, 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 EAC by County staff, the BCC, or the provisions ofthi-s the LDC.
Page 2 of8
17 J i~li
(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 revIsmg, 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 this 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. Participate in the review and recommendation process for excavations over 500,000 cubic
yards;
K. 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;
L. 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;
Page 3 of8
17 J~'
M. Function as an environmental impact statement (EIS) review board pursuant to Chapter
10 ofthe LDC; and
N. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on a shoreline and/or undeveloped coastal barrier 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.
O. Scope of land development project reviews. The EAC shall review all land development
petitions which require the following: an environmental impact statement (EIS) per section
10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment
(ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or 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. The EAC shall also review any
petition which requires approval of the Collier County Planning Commission (CCPC) or the
board of county commissioners (BCC) where staff receives a request from the chairman of the
EAC, CCPC or the BCC for that petition to be reviewed by the EAC.
1. Any petitioner may request a waiver to the EAC hearing requirement, when the
following considerations are met: I) no protected species or wetland impacts are
identified on the site; 2) an EIS waiver has been administratively granted; 3) ST
zoning is present and an administrative approval has been granted; or 4) an EIS
was previously completed and reviewed by staff and heard by a predecessor
environmental board, and that EIS is less than 5 years old (or if older than 5 years,
has been updated within 6 months of submittal) and the master plan for the site
does not show greater impacts to the previously designated preservation areas.
2. 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 except to evaluate the criteria for allowing
treated stormwater to be discharged in Preserves as allowed in section 3.05.07 of
the LDC.
Page 4 of8
17J ~:'111
(4) Membership
A. Appointment. Nine regular members and 2 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to
attend meetings when regular members have notified staff that they will be absent. Alternate
members will participate in discussions and vote when replacing a regular member.
Appointment to the EAC shall be by resolution of the BCC 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.
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.
e. 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 6 technical regular members and 3 non-technical regular
members, and 2 technical alternate members. Technical members shall demonstrate evidence of
expertise in 1 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, stormwater
management, water resources, wildlife management, or other representative area deemed
appropriate by the BCe.
D. Removal. Any member of the EAC may be removed from office by a majority vote of
the BCe.
E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers'
terms shall be for 1 year, with eligibility for reelection. The chairman and vice-chairman shall be
elected by a majority vote at the organizational meeting and thereafter at the first regular meeting
ofthe EAC in October of each year. The chairman shall preside at all meetings of the EAe. The
vice-chairman shall perform the duties of the chairman in the absence or incapacity of the
chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall
Page 5 of 8
17 J 'r~
perform such duties as are imposed on the chairman until such time as the EAC shall elect a new
chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall
elect a successor from its membership at the next regular meeting. Such election shall be for the
unexpired term of said office.
(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 5 or more members shall be necessary in
order to take official action, regardless of whether 5 or more members of the EAC are present at
a meeting.
(6) Rules of Procedure
A. The EAC 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.
B. The following standing subcommittees comprised solely of the EAC's membership shall
exist to advance the duties and responsibilities ofthe EAC:
1. Growth management. The EAC may establish other 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
EAC.
(7) Compensation
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 BCe.
(8) Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00
a.m. or otherwise as determined by the County Manger Manager or designee, in the BCC's
meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida.
Special meetings of the EAC may be called by the chairman or by a majority of the membership.
Page 6 0[8
17J ~,:,~
(9) Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is serving the
purpose for which it was created once every 4 years commencing with 2003 in accordance with
the procedures contained in Collier County Ordinance No. 86-41, as 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 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 ofthe recommendations of the EAC.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental
Advisory Council) 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 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.
Page 7 of8
17 J ~.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances,
The provisions of this Ordinance shall become and be made a part of Article VIII (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,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 4.~ay of ~ ,2009.
- "
~By: .
~. ....\Q..
I.."" .,!,> ,
-c
BOARD OF COUNTY COMMISSIONERS
COLLIER if TY, FLORID~
-I- ~.
By: ~,. ~;-&
DONN FIALA, CHAIRMAN
ATTEST:
DWIGHTE. "BROCK, CLERK
,
Page 80f8
17J
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 2009-32
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of May, 2009.
DWIGHT E. BROCK
j , . ,
Clerk of Courts, and Cl:"e'rk
Ex-officio to ~oa~d of
County Commissioners
~~
By: Martha Vergara,
Deputy Clerk