Ordinance 91-026 ORDINANCE NO. 91-26 < ,,
AN ORDINANCE ESTABLISHING THE COLLIER COUN~', "! ·
ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD~'~J~,
PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND
DUTIES; PROVIDING FOR MEMBERSHIP~ PROVIDING
FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR
r MEETINGS, QUORUM, RULES OF PROCEDURE;
¥ PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING
FOR REPEAL OF SUBSECTIONS a, ¢, d, e AND f OF
SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 87-9?;
~ ~ PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING
FOR REVIEW PROCESS; FOR CONFLIC~ AND SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Policy 1.1.1 of the Conservation and
Coastal Management Element of the Growth Management Plan
the establishment of a Technical Advisory Committee to advise and
assist the County in the development and i'mplementation of the
County environmental resources management program; and '
WHEREAS, the Conservation and Coastal Management
Element of the Growth Management Plan provides for the creation'of
~/~.~.~ Natural Resources Protection Areas (NRPA) program designed to
protect Coastal Barriers, Estuaries, Water Resources, Rare, Unique
and Endangered Species Habitats; and
WHEREAS, the Conservation and Coastal Management'
Element of"the Growth Management Plan provides for a Technical
~[~. Advisory Committee to advise and assist in the development of
management guidelines and performance standards for natural
resource protection areas; and
WHEREAS, the Conservation and Coastal Managemen~
Element of the Growth Management Plan provides for the County.to
define and prepare development standards for all important County
!. habitats; and
]~.~' WHEREAS, the Conservation and Coastal Management
'~:ii.~....Element of the Growth Management Plan requires the County to
)are management guidelines for a variety of endangered,
..~: "threatened and species of special status; and
WHEREAS, the Conservation and Coastal Management
'~.~' Element of the Growth Management Plan requires that where
.:. .;~ possible, the implementation of the NRPA program shall be
~!:'~i ;;.~:;" coordinated with the preparation and implementation of watershed
"'.:':-:~!'~. and sub-basin management plans~ and
WHEREAS, the Board of County Commissioners adopted
Collier County Ordinance No.74-$0 as amended by Collier County
Ordinance No.87-97 creating the Water Management Advisory Board
. / (WMAB) to implement the County's water policy~ and
WHEREAS, the development of these programs requires
technical expertise in many fields dealing with environmental
protection and management; and
WHEREAS, Collier County Ordinance No.86-41 has
established standards for the creation of advisory boards and
qualifications for membership and process of appoin=ments~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
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,. COUNTY COMMISSIONERS OF COLLIER COUNTY, that=
~ ONE.' ESTABLISHMENT OF THE ENVIRO}~[ENTAL POLICY TECHNICAL
ADVISORY BOARD.
· A. There is hereby established "The Environmental Policy
k.. ! Technical Advisory Board" which shall herein be referred to as the
pow s
:~ A. The EPTAB obtains its Jurisdiction, powers, and limits
.. of authority from the Board of County Commissioners, hereinafter
referred to as the Board, and pursuant to this Ordinance, shall
.~!.~:..
?~,.". act in an advisory capacity to the Board in matters dealing with
the regulation, control, management, use or exploitation of any or
.~:- ell natural resources of or within Collier County.
B. The EPTAB will function to:
1. advise on the preservation, conservation,
protection, management and beneficial use of the physical and
biological natural resources (atmospheric, terrestrial, aq~/atic
and hydrologic) of the County in regard to the safety, health and
..~.' general well-being of the publio~
· ':::' 2 advise and assist the County staff and Board toward
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developing the purpose, intont and criteria of all Collier County
?";~ ordinances, policies, programs and other initiatives dealing with
natural resources.
C. The powers and duties of the EPTAB are as follows~
1. Identify, study, evaluate, and provide technical
~ recommendations to the Board on programs necessary for the
conservation, management and protection of air, land, and water
resources and environmental quality in Collier County.
!.
2. Assist the Board to establish goals and objectives
~' for the County's environmental conservation and management
programs.
3. Assist the Board in developing and revising, as
i:~ appropriate, local rules, ordinances, regulations, programs and
~/ other initiatives addressing the use, conservation and preserva-
:~ tion of the County's natural resources.
,~ii;:i'.. 4. Assist in the implementation and development of the
.ii~ Growth Management Plan regarding environmental and natural
resource issues.
5. Assist the Board in identifying and recommending
· olutions to existing and future environmental ielues.
3. 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 Policy 1.1.1 of the
Conservation and Coastal Management Element of the Growth
Management Plan.
~'/ 7. Implement the water policy pursuant to Collier
'~ County Ordinance No. 74-50, as amended.
8. Provide an opportunity for public co=ment on
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environmental issues, ordinances and programs.
'" SECTION ~ MEMBERSHIP.
A. Nine (9) members of the EPTAB shall be appointed by and
" serve at the pleasure of the Board. Appointment to the EPTAB
shall be by resolution of the Board and shall sst forth the date
~.~ of appointment and the term of office.
B. Vacancies on the EPTAB 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. Along with the applicant responses the Board's staff
Ihs11 provide the Board with a list outlining the qualifications
'.i.~- and demographic background of each candidate, including the
"' present =embers seeking reappointment.
C. Members shall be permanent residents aha electors of
Collier County and should be reputable and active in community
D. The primary consideration in appointing EPTAB members
shall be to provide the Board with technical expertise necessary
to effectively accomplish the EPTAB'e purpose. Members shall'
!~i. demonstrate evidence of expertise in one or more of the following
:-'., areas related to environmental protection and natural resources
management= Air Quality, Biology (including any of the
sub-disciplines such as botany, ecology, zoology, etc.), Coastal
'. Processes, Estuarine Processes, Hazardous Waste, Hydrogeology,
. Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution
Control, S81id Waste, Stormwater Management, Water Resources,
Wildlife Management, or other representative areas deemed
&pp=opriatl by the Board such as, but not l~mits~ to, a
representative of the development community.
E. The initial terms of office of the members of the E~TAB
shall be as follows=
.~.:'.~ 1. Three (3) members will serve until September 30, 1992;
~'~.~:'.~ 2. Three (3) members will serve until September 30, 1993;
3. Two (2) members will serve until September 30, 1994;
..:.' 4. One (1) member will serve until September 30, 1995.
After the initial term of appointment, each appointment or
reappointment shall be for a term of four (4) years. All fermi of
i office shall expire on the 30th day of September. Terms of office
i.~. ::'.' shall be limited to tt~o consecutive terms unless waived by the
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Board by a unanimous vote. A member may be reappointed by
the Board for only one (1) successive term and shall apply with
other applicants. Terms shall be staggered ac that no more than a
minority of such members' appointments will expire in any one (1)
year.
For the full term of the initial appointments, the two
(2) members serving until September 30, 1994 and the one (1)
member s~rving until September 30, 1995 shall have demonstrated
~j expertise in Biology (including any of the sub-disciplines such as
botany, ecology, zoology, etc.) and/or Wildlife Management. After
the expiration of these initial terms of appointment, the
vacancies may be filled by members demonstrating s~pertill in any
of the above-mentioned areas related to environmental protection
and natural resources managemont.
F. Any member of the EPTAB may be removed from office by a
. majority vote of the Board.
G. Members shall be automatically removed if they are
· absent from two consecutive meetings without a satisfactory excuse
or if they are absent from more than one-fourth of the meetings in
a given fiscal ¥oar. Memburs shall be deemed absent from a
meeting wh&n they are not present during at least ?5% of the
.:' ~ECTION ~OURI OFFICERS AND SUPPORT STAFF.
: A. The officers of the EPTAB shall be a Chairman and e
Vlom-Chairman. Officers' terms shall be for one(l) year, with
eligibility for re-election. The Chairman and Vice-Chairman shall
be elected by a majority vote at the organizational meeting and
.,~ ; ?~.~.'..i' thereafter at the first regular meeting of the EPTAB in October of
laoh year.
B. The Chairman shall preside at all meetings of the EPTAB.
i:"Ths Vice-Chairman shall perform the duties of the Chairman in the
absence or incapacity of the Chairman. In case of the removal,
resignation or death of the Chairman, the Vice-Chairman shall
:~i perform such duties as ara imposed on the Chairman until such time
as the EPTAB shall elect a new Chairman. Should the offices of
., Chairman and/or Vice-chairman become vacant, the EPTAB shall elect
successor from its memberuhtp at the next regular meeting. Such
election shall be for the unexpired term of said office.
C. Professional support staff for the E.~TAB shall be
provided by the Environmental Services Division and such other
County staff from elsewhere within the County Government as may,
from tim~ to time, be requested by the EPTAB and deemed necessary
by the county Manager.
~ECTION FIVE.' MEETINGS; QUORUM; RULES OF PROCEDURE.
A. Regular meetings of the EPTAB shall be held on the 2nd
Wednesday of each month at 9:00 a.m., in the Commissioner's
Meeting Room, 3rd Floor, Building "F", Collier County Government
I? Complex, Naples, Collier County, Florida. Special meetings of the
. <, EPTAB may be called by the Chairman or by a majority of the
~.~,' membership. Such meetings may be called subject to public notice
',. to reduce an overloaded agenda or to consider a specific topic.
'i:. ::.- B. A simple majority of the appointed members of the EPTAB
. 8hall constitute a quorum for the purpose of conducting business.
An affirmative vote of five (5) or more members shall be necessary
in order t6 take official action, regardless of whether five (5)
or more members of the EPTAB are present at a meeting.
C. The EPTAB 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. The EPTAB may establish
subcommittees comprised solely of its membership to facilitate its
functions. Meetings of the subcommittees ~hall conform to the
same public notice requirements as that of the EPTAB.
~ il D. At the regular meetings of the EPTAB, the following
shell be the order of business:
1. Roll Call
;.,
"':'!"- 2. Approval of the Minutes of Previous Meettn.~
3. Old Business
4. New Business
5. Public Comments
6. Adjournment
1rems shall come before the EPTAB as scheduled.on the printed
agenda unless a specific request arises which Justifies deviation
by the EPTAB.
~ SIX'. LIBERAL CONSTRUCTION.
The provisions of this Ordinance shall be liberally construe~
~to effectively carry out its purpose in the interest of the public
health, safety, welfare and convenience.
~ ~ REPEAL OF SUBSECTIONS a, c, d, e AND f OF SECTION
SEVEN OF COLLIER COUNTY ORDINANCE NO. 87-97.
Subsections a, c, d, e and f of Section Seven of Collier
County Ordinance No. 87-97 are hereby repealed es of the effective
of this Ordinance.
~ ~ REIMBURSEMENT OF EXPENSES.
Mumbers of the EPTAB 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 Board of County Commissioners.
SECTION ~ REVZ~-~ PROCESS.
This Board shall be reviewed for major accomplishments and
whether the Board is serving the purpose for which it was created
once every four (4) years commencing with 1994, in accordance with
the procedures contained in Collier County Ordinance No. 86-41.
SECTION TEN: CONFLICT AND SEVERANCE.
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 this
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.
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~ ,: ~T/~ ELEVEN', EFFECTIVE DATE.
· This ordinance shall become effective upon receipt of notice
~"' fro= 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 /~ ay of , 1991.
BOM OF COU~T~ CO~ZSSZO~S
'~IL~S,' Clerk COLLIER COUNTY, FLORIDA
'~....~'.... .""' "' · '.,'""·.. PA~RI CIA ~- ~OOD~GHT ~Chui~an
",:~ Amsistant County y .~ ~~
, ','. :, ~k~~ ~~
OF FLORIDA )
OF COLLIER )
..;,i'I, JAMES C. GILEJ, Clerk of Courts ~n &n~ for the
=h Judicial Circuit, Collier County, Florida, do
:.r."~"hsreby certify that tho foregoing is a true copy of:
Ordinance No. 91-26
"which was adopted by the Board of County Co~iesioners on
~'the 12th day of March, 1991, durin~ Re.la=
~]~ ~. WITNESS my hand and the official sea~ 0f the Boa=d of
Commissioners of Collier County, Flo=~da, this 15th-
of March, 1991. : ·
JAMES C. GILES ..~..~.~q~,~.,~... ~.
Clerk of Courts and