Agenda 09/09-10/2008 Item # 8B
AGENDA ITEM
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Recommend approval by the Board of County Commissioners of Ordinance for the creation of
Clam Bay Advisory Committee. (Gary McAlpin)
Prepared By:
Department
Coastal Zone Mgmt.
Date
8/27/20084:21:41 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
9/2/200812:44 PM
ATTACHMENTS:
Name:
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ClamBayAdvisoryCommittee
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Description:
Type:
Executive Summary
Executive Summary
Ordinance
Cover Memo
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EXECUTIVE SUMMARY
Recommend approval by the Board of County Commissioners of Ordinance for
the creation of Clam Bay Advisory Committee.
OBJECTIVE: To create a Clam Bay Advisory Committee to review all issues affecting
the entire Clam Bay Estuary System including the direction, management, health and
long term viability of the entire estuary system and to make recommendations directly to
the Coastal Advisory Committee which will then forward any recommendations to the
Board of County Commissioners.
CONSIDERATIONS: On July 22, 2008 the Board of County Commissioners of Collier
County approved creating the Clam Bay Advisory Committee. This is an ordinance
creating the Clam Bay Advisory Committee; providing for creation and purpose;
providing functions, powers and duties; providing for appointment and composition,
terms of office attendance and filling of vacancies; providing for removal from office for
failure to attend meetings; providing for officers, quorum and rules of procedure;
providing for review and sunset provision; providing for inclusion in code of laws and
ordinances; providing for conflict and severability; and providing for an effective date.
Legal advertising of public hearing has been properly noticed for 10 days before hearing
by the BCC.
COUNTY ATTORNEY FINDING: This item has been reviewed by the County
Attorney's Office. It is legally sufficient for Board action. - CMG
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
RECOMMENDATION: That the Board of County Commissioners approve ordinance
for the creation of Clam Bay Advisory Committee.
PREPARED BY: Gall Hambright, Coastal Zone Management
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ORDINANCE NO. 2008-
AN ORDINANCE CREATING THE CLAM BAY
ADVISORY COMMITTEE; PROVIDING FOR CREATION
AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND
DUTIES; PROVIDING FOR APPOINTMENT AND
COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND
FILLING OF VACANCIES; PROVIDING FOR REMOVAL
FROM OFFICE FOR FAILURE TO ATTEND MEETINGS;
PROVIDING FOR OFFICERS, QUORUM AND RULES OF
PROCEDURE; PROVIDING FOR REVIEW AND SUNSET
PROVISION; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved creating
the Clam Bay Advisory Committee on July 22, 2008; and
WHEREAS, the purpose of this Committee is to review all issues affecting the entire
Clam Bay estuary system including the direction, management, health and long tenn viability of
the entire estuary system and to make recommendations directly to the Coastal Advisory
Committee which will then forward any recommendations to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Creation and Purpose ofthe Clam Bay Advisory Committee.
There is hereby created the Clam Bay Advisory Committee (hereinafter the
"Committee"). The Committee is created to assist the Coastal Advisory Committee and the
Board of County Commissioners with all issues affecting the entire Clam Bay estuary system,
including the management, direction, health, and long term viability of the estuary system.
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SECTION TWO:
Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be to advise and make
recommendations to the Coastal Advisory Committee and the Board of County Commissioners
on matters pertaining to the Clam Bay estuary system including the immediate management
permit issues, development of a comprehensive long term master plan, the day to day operation
of the estuary, and funding issues. The long term management plan will address, among other
issues, water quality and sampling; best management practices for Clam Bay and adjacent water
bodies; tidal flushing and mixing; mangrove maintenance; channel maintenance associated with
the hand-dug channels; nutrient loadings, runoff control; Clam Pass maintenance; sand bypassing
at Clam Pass; navigation; marine life; education and outreach; funding; and permit compliance
SECTION THREE: Appointment and Composition; Terms of Office; Attendance and
Filling Vacancies.
The Committee shall be composed of seven members whose membership shall include
one representative of the Pelican Bay Services Division (PBSD), with preference to either the
Chair or Vice-Chair of the PBSD; one representative from the Pelican Bay Foundation (PBF),
with preference to either the Chair or Vice-Chair of the Foundation; one resident of the Naples
Cay Condominium with preference to a member of the board of the Naples Cay Condominium
homeowners' association; one resident from Seagate with preference to a member of the board of
the Seagate Homeowners' Association; one resident from District I; one resident from District 3;
and one representative from District 5. Committee members shall be sought in accordance with
the provision of Collier County Ordinance 01-55, as amended, or by its successor ordinance.
The initial term of office of the Committee shall be one year. The Committee will be reviewed
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by the Board of County Commissioners in one year in compliance with Section Six of this
Ordinance.
Members of the Committee shall be appointed and serve at the pleasure of the Board of
County Commissioners.
Members shall meet the qualifications for membership and
requirements as outlined in Ordinance No. 01-55, as amended, or by its successor ordinance.
Appointment of members to the Committee shall be by resolution of the Board of County
Commissioners, which resolution shall set forth the date of appointment. Appointments to fill
any vacancies on the Committee shall be for the remainder of the unexpired term.
Section Four. Removal from Office; Failure to Attend Meetings.
Removal from office and attendance requirements shall be governed by Ordinance No.
o I-55, as amended, or by its successor ordinance.
Section Five. Officers; Quorum; Rules of Procedure.
At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among the members. Officers shall serve for a one year tenn with eligibility
for reelection.
The presence of four or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board of County Commissioners.
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Section Six. Review Process and Sunset Provision.
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This Ordinance shall automatically sunset on December 31, 2009, unless otherwise
extended by Resolution of the Board of County Commissioners. The Committee shall provide a
written report to the Board of County Commissioners no later than October 20, 2009 with
recommendations on whether the Board should continue this Committee.
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
Section Eight: 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 Nine: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of September, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
08.CZM,00006/3
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