Loading...
Backup Documents 05/26/2009 Item #17K COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Nonnallegal Advertisement (Display Adv., location, etc,) o Other: ********************************************************************************************************** Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: May 12,2009 Petition No, (If none, give brief description): Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) None , I. ! 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 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 CONCURRENTLY 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. Companion petition( s), if any & proposed hearing date: N/ A Does Petition Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs: 001-100510-649100 - P.O. 4500099539 Revie ) //\/'i DivisionlA I ...' trator or Designee Date List Attac~nts: 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: liilM ,;ol_P .Il...J!,.... ""'J, C' '" ".,. ."'"' " II l 17K 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 CONCURRENTLY 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 FORAN 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 Page 1 of6 17K decision-making and adminis,trative 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 forth by this LDC, under the direct jurisdiction and control of the BeC. (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; e. 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 and or archaeologically significant in accordance with section 2.03.07 E.; E. To seek assistance and advice on technical related matters requiring professional expertise; Page 20f6 I7K .. 'I'll 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 ofthe BCC; J. To review the appropriateness of applying for the designation as a certified local government (36 C.F.R. S 61 (2001)) on behalf of the County; K. Upon the County'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 C.F.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 archaeologically significant; and R. To perform any other function or duty assigned by the BCC. (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 Page 3 of6 1 7 K t., resident of Collier County, Florida. Appointments shall be made by resolution of the BCe 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 BCe. 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 BCe shall fill the vacancy by appointment. (4) Compensation Members ofthe 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 Page 4 of6 "....~--.._..--"-'-,'~._.--..._-"._._----~-- 17K' .~ 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, The 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 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 maybe 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. Page 5 of6 17K 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 By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Page 6 of6 ORDINANCE NO. 2009- \:3 ~ u::.j )j 17K 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 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 Page 1 of6 17K ~ 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, us set forth 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 I 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 and or archaeologically significant in accordance 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; Page 2 of6 17K 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; I. 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. 9 61 (2001)) on behalfofthe County; K. Upon the County'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 C.F.R. 9 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 archaeologically significant; and R. To perform any other function 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 Page 30[6 "'~'~.,,"-. .""" 17K 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 BCe. 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, if he 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 ofthe 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 Page 4 of6 17K 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. The 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 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. Page 5 of6 17K PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this2..l.A-l..day of \-\~ ,2009. \ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: Page 60f6 "'- ..... Wi 17K ~".1 Acct #068784 May 12, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Historic/Archaeologic Pres. Board Ord. From LDC to Code of Laws & Ord. 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, Trish Morgan, Deputy Clerk P.O. #4500099539 17K 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 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 CONCURRENTLY 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. 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 17K '.' . ~ 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: s/Trish Morgan, Deputy Clerk ( SEAL) 17K Teresa L. Polaski To: Subject: legals@naplesnews.com Historic/Arch Preservation Board Ord Attachments: Relocating Hist-Pres 5-26-09,doc; Relocating Hist-Arch Pres Board Ordinance.doc Legals, Please advertise the following on Friday, May 15, 2009, Thanks Relocating Relocating ist-Pres 5-26-09,d ist-Arch Pres Boar 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 Teresa L. Polaski 17K 'I From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, May 12, 2009 4:55 PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT170934.txt; Historic/Arch Preservation Board Ord [];' ' IC",,' E:;.c;.;. F'__?l L::.-J A TT170934,txt (231 B) Historic/ Arch Preservation Boa.., 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 Historic/Arch Preservation Board Ord Page 1 of 1 17K Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, May 13, 2009 1 :29 PM To: Teresa L, Polaski Subject: RE: Historic/Arch Preservation Board Ord ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Posted At: Tuesday, May 12, 20094:55 PM Posted To: Legals - NDN Conversation: Historic/Arch Preservation Board Ord Subject: Historic/Arch Preservation Board Ord Legals, Please advertise the following on Friday, May 15, 2009. Thanks <<Relocating Hist-Pres 5-26-09.doc>> <<Relocating Hist-Arch Pres Board 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, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, 5/1312009 17K Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, May 14, 2009 11 :07 AM Teresa L. Polaski Ad Confirmation Attachments: UAS28C,jpg !1:l UAS28C,jpg (85 KB) OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May Administration Building, Collier County Government Naples, Florida, the Board of County Commissioners Ordinance. The meeting will commence at 9:00 A.M. as follows: 26, 2009, in the Boardroom, 3rd Floor, Center, 3301 East Tamiami Trail, will consider the enactment of a County The title of the proposed Ordinance is 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 CONCURRENTLY 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. 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: s/Trish Morgan, Deputy Clerk (SEAL) May 15 No1798902 1 Thank you for Date Publication Ad Number Total Ad Cost Emely placing your ad, 05/14/09 NDN 1798902 $426.50 17K 2 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 Tamialnl 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 proposedOrdi- nance is as follows: AN ORDINANCE OF THE SOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA.. RELO. CATING THE HISTORIC/ARCHAEOLOGICPRESERVA. TION BOARD ORDINANCE FROM THE LAND DEVEL- OPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDI. NANCE WHILE CONCURRENTLY REPEALING SECTION 8.07.00 OF THE COLLIER COUNTY LAND DEVELOP. MEt-IT CODE; PROVIDING FOR CONFLICT AND SEVE- RABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OI:tDINANCES: AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clel'kto 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 item must register with the County admll'lis,trator prior to preseJ'ltatlonof the agenda Item to be ad- dressed. Individual speakers will be limited to 5 minutes 011 any item. The sele<..'tl<,)n of an individual to.speak on behalf of an orga,nizat.ion or. grol"Jp. is encouraged. If recognized by the Chairman. a spokesperson for a grOl..lp or organization may be allotted 10 minutes to, .speak on an item. Persons wishin~ to have written or graphic ma. terials included In the Board a~enda pacl{ets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, wdtten materials intended to be considered by the Boal'd shall be submitted to the appropriate County staff a minimum of seven days prior to the pUblic hear- ing. All ll1<llel"ial, used inpresentations before-the Board will become a pemlanent part of the record. Any person who decides to appeal a decision of the Board w ill need a record of thl?,: proceedings pertaining thereto and therefore, may need to en- sure that a verbatim record of the- proceedings is made, which record includes the testimony and evidence upon which the appeal is ba..,;ed. If YOll are a person with adisability wl10 needs any accommodatkll1 in order to partiCIpate in this pro- ceeding; you are entitled. at no east to you. to the provision of certain assistance. Please contact the Colliet" County Facilities Managen'l1ant Dep.artment, located at 3301 Tarniarn'i TraIl East. BUilding W, Naples. Florida 34112. (239) 252.8380. Assisted Iis- teningdevices for the h(mring impaired are avail. able In the County Commlssion.ers' Office. BOARD OF COUNTY COMMISSIONERS COLLI ER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK. CLERK By: slTrish Morgan. Deputy Clerk (SEAL) May 15 No179S902 17K :; Naples Daily News Naples, FL 34102 171( Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - ,. - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - ,. - BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59576781 P,O. #4500099539 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 Presldent of Finance of the Naples Daily News, a da~ly 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 Daily ~ews 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 AD SPACE: FILED ON: 150 LINE 05/15/09 Signature of Affiant . - - t1Q;;{ - Fh il~ -ot;i - - + - - - - - - - - - - - - - - -- - - -- - --- ---~------~.r-f~ () \: '\..,t l C~-\ \ ~~. ti'" l'V" h_ f.: i/Jt ",.'= ommlSSIOIl UU 0::.04/5 ~o~:,,~,.:,Jff Expires June 29.2011 ~~<;~~;r;~';l.i~"" ~01~;;C'! Tr,.;, i!"1S'.::dri';S fL~Cl Sworn to and Subscribed before me this b__ day of Personally known by me C." ~-\\CL'U \. 20C\~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 K TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to OIiginal 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 exception of the Chainnan's simature, draw a line through routing lines #1 through #4, comolete 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 of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Contact Agenda Date Item was 5-26-09 A roved b the BCC Type of Document Ordinance (8.07.00) Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-8400 17-K One INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro 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 aU 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 oired. 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 Bec 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 Fonnsl BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 04-COA-Ol 190/1 185 ___"~I!",_",,,_"~'~""''''"''''-~___'_'_~fIl''.'''''''''-'il'_'''_''_'''__'''_,..____,__,;._.*'...'_.."'.....___~-"_.._~_~_' 17K ORDINANCE NO. 2009-..3..L 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 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 Page 1 of6 171( ~. 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 Hi storic/ 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 forth 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 BCC. 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 and or archaeologically significant in accordance 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; Page 2 of6 171 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; I. 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 C.F.R. S 61 (2001)) on behalf of the County; K. Upon the County'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 C.F.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 archaeologically significant; and R. To perform any other function or duty assigned by the BCC. (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 Page 3 of6 171 l~;~ 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, if he 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 Page 4 of6 111 i~.:J. 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. The 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 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. Page 5 of6 11M< PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of \--\o-y, , 2009. \ ATTEST; ~;. '\ :j. DWIGlfT'E.~BROC'Kj CLERK . ~. "") By: >,.D" u :_ . .. ... ..4.. . ~ ~ . .' : \ \" '. Attest:.6to.~ . .t".... ."tc · BOARD OF COUNTY COMMISSIONERS COLLIER C~TY, FLORID~ /, ) I _ ~ 1/ ,,'r. _ /J By:' '.r t."""r:n4'i':",. ,:::/~ DONNA FIALA, CHAIRMAN Page 6 of6 17K 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 2009-33 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 Clerk of Courts and Clerk Ex-officio to B!;;>.aid.,!bfi, County Commiss:ji6ners '''.~~~ By: Martha Deputy