Ordinance 91-048 -°CN AN EMERGENCY ORDINANCE AMENDING COLt. IER
~ ~ORDINANCE NO. 91-26 ESTABLISHING THE COLLIER ,~ --o (iD
/~-_ ~. ~O~T~ E,,'VIRO~E~T~L ~OLIC~ TECHniCAL A~VISOR~
I~ '~ m~ ~OARD BY AMENDING SECTION THREE TO INCREASE
~ ' ,~/THE NUMBER OF MEMBERS FOR A QUORUM; DECLARING AN
~.. ~%~ EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY
~~ AND PROVIDING ~ EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners on March 12, 1991
adopted Collier County Ordinance No. 91-26 creating a nine (9)
member Environmental Policy Technical Advisory Board; and
WHEREAS, the Board of County Commissioners on May 28, 1991
determined that the Environmental Policy Technical Advisory Board
should be composed of eleven (11) members.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Amendment to Section Th'ree of Collier County
ordinance No. 91-26.
Section Three of Collier County ordinance No. 91-26 is hereby
amended to read as follows:
SECTION THREE: MEMBERSHIP.
A. N&ne-%9~ Eleven (11) 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 set forth the date of appointment and the tern 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 shall provide the Board with a list outlining
the qualifications and demographic background of each
candidate, including the present members seeking
reappointment.
C. Members shall be permanent residents and electors of
Collier County and should be reputable and active in
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~-- Wordu MDderlined are added; words s~u=k-~b=~u~b are deleted.
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community service.
D. The primary consideration in appointing EPTAB
members'shall b~ to~'provide the Board with technical
expertise necessary to effectively accomplish the EPTAB's
purpose. Members shall 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 a
~'-' botany, ecology, zoology, etc.), Coastal Processes, Estuarin~
Processes, Hazardous Waste, Hydrogeology, Hydrology,
--Mydraulics, Land Use Law, Land Use Planning, Pollution
Control, Solid Waste, Stormwater Management, Water Resources,
Wildlife Management, or other representative areas deemed
appropriatm by the Board such as, but not limited to, a
'~representative of the development community.
E. The initial terms of office of the members of the
EPTAB shall be as follows:
1. Three (3) members will serve until September 30,
1)92;
2. Three (3) members will serve until September 30,
1993;
3. ~w~-~ Thr~ ¢3) members will serve until September
30, 1994;
4. 8ne-~ Two (2~ members will serve until S~ptember
30, 1995.
After the initial term of appointment, each appointment or
reappointment shall be for a term of four (4) years. All
terms of office shall expire on the 30th day of September.
Terms of office shall be limited to two consecutive terms
unless waived by the 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 so that no more than a minority of such members'
appointments will expire in any one (1) year.
Words underlined are added; words s~R-~h~o~h are deleted.
' ..~ For the full term of the initial appointments, the ~w~
~ ~%ree (3~ members serving until September 30, 1994 and
thm o~e-~*~ ~wo (2% member~ serving until September 30, 1995
shall have demonstrated expertise in Biology (including any
Df"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 expertise in any of the
above-mentioned areas related to environmental protection and
natural resources management.
- F.' 'Any member of the EPTAB may be removed from office
by'a'maJority vote of the Board.
G'i' Members shall be automatically removed if they are
absent from two'-consecutive meetings without a satisfactory
e×cuse~or if'they a~e absent from more than one-fourth of the
meetings in a given fiscal year. Members shall be deemed
AbSent from a meeting when they are not present during at
least 75%.of the meeting.
SECTION TWO. Amendment to Section Five of Collier County
Ordinance No. 91-26.
Section Five of Collier County Ordinance No. 91-26 is hereby
amended to read as follows:
SECTION FIVE: MEETINGS; QUORUM; RULES OF PPOCEDURE.
A. Regular meetings of the EPTAB shall be held on the
2nd Wednesday of each month at 9:00 a.m., QF as otherwise
determined bY EPTAB. in the Commissioner's Meeting Room, 3rd
Floor, Building "F", Collier County Government 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 cons/ ~r a
specific topic.
B. A simple majority of the appointed members of the
EPTAB shall constitute a quorum for the purpose of conducting
~ords underlined are added; words s%~e~-~hre~gh are deleted.
business. An affirmative vote of ~ve-~5~ sim (6~ or more
members, shall be'necessary in order to take official action,
regard.less of_~b~her ~½¥e-~5~ six (6~ or more members of the
F, PTAB sre 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
sb~ll conform-to the same public notice requirements as that
of the EPTAB.
D. At the regular meetings of the EPTAB, the following
shaZ1 be the order of. business:
~-- 1. :Roll-Call .-
2. Approval of the Minutes of Previous Meeting
- 3. Old Business
4. New Business
...... -5. -Public Comments
6. Adjournment
Items shall come before the EPTAB as scheduled on the
printed agenda unless a specific request arises which
Justifies deviation by the EPTAB.
SECTION THREE. Conflict and Severability.
In the even this Ordinance conflicts with any other ordinance
of Coi~i~r 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.
SECTION FOUR. Declaration of Emergency.
This Board does hereby declare that an emergency exists and
that immediate enactment of this ordinance is necessary, and by no
Words m~derlined are added; words s~r~ck-~h~h are deleted.
less than four-fifths (4/5ths) vote of the membership of the Board
does hereby waive notice of-intent to consider this ordinance.
SECTIONc~IVE,: Effective Date
A' certified-copy of this ordinance, as enacted, shall be
filed by the Clerk· of the Board with the Department of State of
the State-of-Florida·, as soon after enactment as is practicable by
depositing the same with the postal authorities of the government
of the~United States for special delivery by registered mail,
postages'prepaid, to the Florida Department of State.
This ordinance shall become effective as provided in Section
125.66(3) , Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County-, Florida, this 18th day of June ,
1991. =.
ATTEST.:. BOARD OF COUNTY COM/~ISSIONERS
JAMES"C:-; GI-LES, CLERK COLLIER COUNTY, FLORIDA
~.: .,',~-'~ BY:
· ./ / . c', --F PATRICIA ANNE GOODNIGHT~
,~,p~roved as. ~ form and CHAIRF~N
~legal suffi~i'ency:
K~nneth B.. Ch/~
County Attorney ~e~_2~~ of~ate% Offlc.,q~e.
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W~rds underliDe~ are added; words struck-through are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I JAMES C GILES Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-48
which was adopted by the Board of County Commissioners on
the 18th day of June, 1991, during Regular Session.
WITNESS my hand and ~he official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of June, 1991.
JAMES C. GILES .~\'~'-'"
Clerk of Courts and
Ex-officio to Board of .'.-'. '
County Commissi~