Agenda 05/13/2025 Item #16K 7 (To establish a Clam Bay Advisory Committee)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
May 13, 2025
Item 11B to be heard immediately following Item 2C: Recommendation to accept the after-action report for
general legislation during the 2025 Florida legislative session and provide an update on the extension of the Regular
Session to consider the General Appropriations Act and related bills. (Commissioner Saunders’ Request)
Add on Item 11C: Recommendation to approve the release of a code enforcement lien with an accrued value of
$301,800 for a reduced payment of $242,711.60 in the code enforcement actions titled Board of County
Commissioners v. Oakes Farm, Inc., relating to the property located at 4176 Mercantile Ave, Collier County,
Florida. (Staff’s Request)
Add on Item 16.K.18: Recommendation to authorize the County Attorney to make a settlement offer of $1,000, as
a nuisance threshold for litigation strategy purposes, in the matter styled Nicholas Spence v. Collier County Board
of County Commissioners, Case No. 24-CA-409, pending in the Circuit Court of Collier County, Florida. (Staff’s
Request)
Continue Item 16.K.7 to the June 10, 2025, BCC Meeting: Recommendation to provide direction to advertise an
Ordinance establishing the Clam Bay Advisory Committee to provide recommendations to the Board on matters
affecting the entire Clam Bay estuary system. (Commissioner Hall’s Request)
Notes:
TIME CERTAIN ITEMS:
5/12/2025 4:21 PM
5/13/2025
Item # 16.K.7
ID# 2025-1427
Executive Summary
Recommendation to provide direction to advertise an Ordinance establishing the Clam Bay Advisory Committee to
provide recommendations to the Board on matters affecting the entire Clam Bay estuary system.
OBJECTIVE: To establish a Clam Bay Advisory Committee.
CONSIDERATIONS: On March 4, 2025, the Board discussed creating a Clam Bay Advisory Committee to provide
recommendations to the Board on matters affecting the Clam Bay estuary system. Clam Bay is designated a Natural
Resource Protection Area (NRPA). The Committee is created to assist the Board of County Commissioners with all
issues affecting the entire Clam Bay estuary system, including the management, direction, health, long-term viability,
and potential funding sources, of the estuary system. The Committee will provide a report to the Board on or before May
31, 2027, with recommendations on whether the Board should continue this Committee or allow the Committee to
sunset on December 31, 2027. The Committee will be composed of five members: three members from the Pelican Bay
Services Division and two members from the City of Naples, all of which will be Board approved.
The Board previously created a Clam Bay Advisory Committee on September 9, 2008, Ordinance No. 08-48, to provide
recommendations to the Board on all matters pertaining to the Clam Bay Estuary. The Committee was allowed to sunset
on December 15, 2009, with the duties of the Committee returned to the Coastal Advisory Committee. On October 22,
2013, the Board delegated authority for Clam Bay to the Pelican Bay Services Division with Ordinance No. 2013-61, as
amended, “The Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the
purpose of enhancing the health of the affected mangrove forest and will manage such activities for the County.”
Pursuant to the Ordinance, the Pelican Bay Services Division is currently responsible for advising the Board on matters
related to Clam Bay.
FISCAL IMPACT: None currently. Note that if the Clam Bay Advisory Board is established, it will require some staff
time to manage.
GROWTH MANAGEMENT IMPACT: No impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
JAK
RECOMMENDATIONS: For the Board to approve advertising an Ordinance to establish the Clam Bay Advisory
Committee.
PREPARED BY: Jeffrey A. Klatzkow
ATTACHMENTS:
1. 2025 Clam Bay Advisory Committee DRAFT Ordinance rev (002)
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ORDINANCE NO. 2025 -______
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 discussed creating
the Clam Bay Advisory Committee at a workshop on March 4, 2025; and
WHEREAS, the purpose of this Committee is to review 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 Board of County
Commissioners; and
WHEREAS, the Clam Bay estuary system is a designated Natural Resource Protection
Area (NRPA).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Creation and Purpose of the Clam Bay Advisory Committee.
There is hereby created the Clam Bay Advisory Committee (hereinafter the
“Committee”). The Committee is created to assist the Board of County Commissioners with all
issues affecting the entire Clam Bay estuary system, including the management, direction, health,
long-term viability of the estuary system, and potential funding sources.
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SECTION TWO: Functions, Powers and Duties of the Advisory Committee.
Once members have been appointed to the Committee, the membership shall develop a
mission statement, outline its specific functions, powers, and duties, and develop a work plan
including potential funding sources which will be presented to the Board of County
Commissioners for review and approval. This work plan must also include how many times a
year the Advisory Committee will meet.
The Committee will also recommend the boundaries of the Clam Bay estuary system to
the Board of County Commissioners.
SECTION THREE: Appointment and Composition; Terms of Office; Attendance and
Filling Vacancies.
The Committee shall be composed of five members whose membership shall include
three representatives from the Pelican Bay Services Division and two representatives who are
full-time residents from the City of Naples.
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 and subsequent terms of
office of the Committee members shall be two years.
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.
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Section Four. Removal from Office; Failure to Attend Meetings.
Removal from office and attendance requirements shall be governed by Ordinance No.
01-55, 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 term with eligibility
for reelection.
The presence of three 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 by-laws for the
scope and transaction of business to be approved by the Board of County Commissioners. The
Committee 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.
Section Six. Review Process and Sunset Provision.
This Ordinance shall sunset on December 31, 2027, unless otherwise extended by the
Board of County Commissioners. The Committee shall provide a written report to the Board of
County Commissioners no later than May 31, 2027, 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-
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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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of May, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
AND COMPTROLLER
BY: BY:
,Deputy Clerk Burt L. Saunders, CHAIRMAN
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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