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Agenda 09/08/2020 Item #16K3 (CCPC Appointment)09/08/2020 EXECUTIVE SUMMARY Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission, representing Commission District 5, and that the Board waives the Planning Commission Ordinance requirement that this applicant reside in District 5 to hold this seat. OBJECTIVE: To appoint a member to represent Commission District 5 on the Collier County Planning Commission (CCPC), to a four-year term expiring on October 1, 2024. CONSIDERATIONS: This 7-member quasi-judicial committee was created by authority of Chapter 67- 1246, Laws of FL. Ordinance 13-50 amended Ordinance 09-29, thus changing membership to represent five planning commissioners selected by commission district and two members with environmental expertise. The CCPC assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are four years. A list of the current membership is included in the backup. There is currently a vacant seat on the CCPC, representing Commission District 5. The vacancy was advertised for the past two months and in that time applications were received from the following: APPLICANT CATEGORY DIST. VOTER ADVISORY COMM. Jeffrey S. Curl Commission District 5 Yes Development Services Advisory Committee (2/2018- present); Golden Gate Estates Land Trust Committee (12/2003-present); Land Acquisition Advisory Committee (1/2008-6/2013); Growth Management Oversight Committee (10/2015-10/2019) Richard Lee Klaas Commission District 4 Yes Collier County Planning Commission (9/1991-10/1995); Health Facilities Authority (9/1994-9/1998); Industrial Development Authority (1992- 1996) The Planning Commission Ordinance (Ord. No. 2009 -29, as amended) provides in relevant part as follows: “Appointment. The Planning Commission shall be composed of 7 members to be appointed by the BCC, together with the representative of the school district. Of these seven members, there shall be one member from each of the five County Commission Districts, and two at -large environmental members. Planning Commission Candidates for the five Coun ty Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two at large members can be nominated by any Commissioner, but must receive a four -fifths vote of the BCC for appointment or reappointment.” 16.K.3 Packet Pg. 3039 09/08/2020 NOMINATION: As this is a quasi-judicial board a committee recommendation is not required. Commission District members must be nominated by the Commissioner of their District and must receive a majority vote of the BCC for appointment. Commissioner William McDaniel, District 5, has nominated Mr. Klaas for appointment. Mr. Klaas, however, resides in District 4. By approving this Executive Summary, the Board would be waiving its requirement that Mr. Klaas reside in District 5 in order to hold this seat. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners appoints Mr. Klaas, representi ng Commission District 5, to the Collier County Planning Commission, to a four-year term expiring on October 1, 2024, waives the Planning Commission Ordinance requirement that this applicant reside in District 5, and authorizes the Chair to execute the attached resolution confirming the appointment. PREPARED BY: Jeffrey A. Klatzkow, County Attorney AGENDA DATE: September 8, 2020 ATTACHMENT(S) 1. CCPC Backup 9.8.20 (PDF) 2. CCPC Membership List 9.8.20 (PDF) 3. Resolution - CCPC appointment Dist 5 (PDF) 16.K.3 Packet Pg. 3040 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 13378 Item Summary: Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission, representing Commission District 5, and that the Board waives the Planning Commission Ordinance requirement that this applicant reside in District 5 to hold this seat. Meeting Date: 09/08/2020 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Jessica Hayes 08/25/2020 3:05 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/25/2020 3:05 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 08/26/2020 1:12 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2020 1:12 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2020 4:46 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/27/2020 11:12 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 12:09 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 16.K.3 Packet Pg. 3041 16.K.3.a Packet Pg. 3042 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) Advis o ry Bo a rd Applic a tio n Pleas e fill o u t th e following form t o apply for a Collier Co u n ty A dvis ory Bo ard / Committee. Once y o u h ave filled ou t all the neces s ary fields , click t he button below. N ame: Jeffrey S Curl Pleas e type you r n ame as it appears on your v o ter regis t ratio n Home Address: 4010 8TH AVE SE City: Zip Code: NAPLES 34117 Home Phone: Business Phone: 239-304-0958 239-304-9443 Ex. 239-555-5555 Ex. 239-555-5555 Imp o rt ant: E-mail ad d res s is required t o receiv e a co p y o f your ap p licatio n. Email Address: info@emergedesign.biz Board or Committee: Collier County Planning Commission Cat egory (if A p p licab le) District 5 i.e., Co mmis s ion Dis trict, Dev elo p er Env iro n mentalis t , Citizen At-Large, etc. Place of Employment: EMERGE DESIGN LLC How long have you lived in Collier County? more than 15 How many months out of the year do you reside in Collier County? I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Do you or your employer do business with the County? No 16.K.3.a Packet Pg. 3043 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No N OTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes Please list your community activities and positions held: Examp le: Civ ic clubs , neighborhood as s o ciations , etc. Education: Experience / Background Reset Preview Submit Form DSAC 2018-PRESENT, GMOC 2016-2019, GAC LAND TRUST COMMITTEE 2004-PRESENT, CONSERVATION COLLIER 2008-2013, NAPLES ZOO BOD 2012-2014, ROTARY CLUB OF NAPLES-COLLIER 2009-2014 BS LANDSCAPE ARCHITECTURE, UNIVERSITY OF FLORIDA, 1995 LANDSCAPE ARCHITECT IN NAPLES, WORKING FOR VARIOUS FIRMS SINCE 1998. OWNER OF EMERGE DESIGN LLC (2012-PRESENT). HEAVILY- INVOLVED IN ENTITLEMENT, ZONING/REZONING, AND PERMITTING (LANDSCAPE, RESTORATION, ETC.) SUPPORT WORK. PRIMARILY DESIGN LANDSCAPE, HARDSCAPE, LIGHTING, IRRIGATION, AND LIMITED DRAINAGE FOR PRIVATE CLIENTS THROUGHOUT SWFL 16.K.3.a Packet Pg. 3044 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) Any information provided to the Board of County Commissioners O ffice in connection with the Collier County website shall become a public record and available to the public in accordance with Chapter 119, Florida Statutes. Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 800 N aples, FL 34112-5749 16.K.3.a Packet Pg. 3045 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) 16.K.3.a Packet Pg. 3046 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) 16.K.3.a Packet Pg. 3047 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) 16.K.3.a Packet Pg. 3048 Attachment: CCPC Backup 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Commission) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Planning Commission 04/01/20 10/01/23 3.5 Years 2725 Olde Cypress Dr. Environmental - water/hydrology 3District: Category: Mr. Paul Shea Naples, FL 34119 ( ) 449-9384 (617) 875-3047 E-Mail:sheapr1948@gmail.com 11/13/18 10/01/22 4 Years 6090 Hidden Oaks Lane Commission District 3District: Category: Mr. Karl Fry Naples, FL 34119 ( ) 777-3962 E-Mail:karl.fry@colliercountyfl.gov; karlfry@comcast.net 03/28/17 10/01/20 3.5 Years 616 Palm Circle E. Commission District 4District: Category: Mr. Edwin "Ned" Fryer Naples, FL 34102 (314) 705-2397 E-Mail:edwinfryer@colliergov.net; edwinfryer1@gmail.com 10/01/24 4 Years Commission District 5District: Category: VACANT VACANT Naples, FL E-Mail: 09/13/16 10/01/19 09/24/19 10/01/23 3 Years 7629 Mulberry Lane Environmental - biology/wildlife management 1 4 Years District: Category: Mr. Joseph K. Schmitt Naples, FL 34114 () 417-9147 ( ) 248-4931 E-Mail:jschmitt@comcast.net Tuesday, August 25, 2020 Page 1 of 3 16.K.3.b Packet Pg. 3049 Attachment: CCPC Membership List 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Planning Commission 10/25/16 10/01/20 4 Years 13557 Coronado Drive Commission District 2District: Category: Mr. Patrick Charles Dearborn Naples, FL 34109 ( ) 877-4340 ( ) 298-5306 E-Mail:pdearborn@johnrwood.com 09/24/13 10/01/14 09/25/18 10/01/22 1 Year 4613 Long Key Ct. Commission District 1 4 Years District: Category: Ms. Karen Joyce Homiak Naples, FL 34112 774-4264 774-4264 E-Mail:karenhomiak@colliergov.net; ARWKJH@aol.com 11/13/07 10/01/11 09/24/19 10/01/23 4 Years 16128 Parque Lane Non-voting School Board Rep. (163.3174 F.S.) 2 4 Years District: Category: Mr. Thomas G. Eastman Naples, FL 34110 () 398-6868 ( ) 377-0245 E-Mail:eastmath@collierschools.com Tuesday, August 25, 2020 Page 2 of 3 16.K.3.b Packet Pg. 3050 Attachment: CCPC Membership List 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Planning Commission This 7 member quasi-judicial committee was created by authority of Chapter 67-1246, Laws of FL. The Planning Commission serves as the local planning agency, and reviews and makes recommendations on applications for amendments to the Growth Management Plan, Land Development Code, and the official Zoning Atlas. The Board of County Commissioners also gave the Planning Commission the power and duty of serving as the County’s Environmental Advisory Council under Ordinance No. 2009-32. There shall be one member from each of the five County Commission Districts, and two at-large environmental members. Planning Commission Candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two at-large environmental members can be nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment or reappointment. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are four years. Pursuant to Section 163.3174, F.S., the Collier County Planning Commission must include a nonvoting member appointed by the District School Board of Collier County. Ordinances: 09-29, 09-35, 13-50 Ray Bellows, Zoning Manager: 252-2463Staff: 163.3174FL STAT: Tuesday, August 25, 2020 Page 3 of 3 16.K.3.b Packet Pg. 3051 Attachment: CCPC Membership List 9.8.20 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning RESOLUTION NO. 2020 - _____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPOINTING RICHARD LEE KLAAS TO THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, on May 26, 2009, the Board of County Commissioners adopted Ordinance No. 2009-29, which relocated and readopted the Planning Commission Ordinance in its entirety as a stand- alone ordinance in the Collier County Code of Laws and Ordinances; and WHEREAS, Ordinance No. 2009-29, as amended, provides that the Planning Commission shall be composed of five (5) members representing the five County Commission Districts; two (2) at-large environmental members possessing the technical expertise as outlined in the Ordinance; and one (1) non- voting member appointed by the School District; and WHEREAS, Ordinance No. 2009-29, as amended, also provides that a candidate representing a Commission District must be nominated by the Commissioner of the District in which the candidate resides, and an “At-Large” member may be nominated by any Commissioner; and WHEREAS, there is a vacant seat on the Planning Commission, representing District 5; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, Commissioner William McDaniel, District 5, has nominated Richard Lee Klaas for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners waives the District residency requirement for this appointment, and hereby appoints RICHARD LEE KLAAS to the Collier County Planning Commission, representing District 5, to serve a four-year term expiring on October 1, 2024. THIS RESOLUTION ADOPTED upon majority vote on the 8th day of September, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By:_____________________________ By:_____________________________________ , Deputy Clerk BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 16.K.3.c Packet Pg. 3052 Attachment: Resolution - CCPC appointment Dist 5 (13378 : Recommendation to appoint Mr. Klaas as a member of the Collier County Planning