Ordinance 91-068 ORDINANCE NO. 91- 68
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING
THE WATER MANAGEMENT ADVISORY BOARD AND THE ~
ENVIRONMENTAL ADVISORY COUNCIL; PROVIDING FO~
AUTHORITY, FUNCTIONS, POWERS AND DUTIES; ~
ROVIDING FOR MEMBERSHIP; PROVIDING FOR ~
FFICERS AND SUPPORT STAFF; PROVIDING FOR ~
~EETINGS, QUORUM, RULES OF PROCEDURE; ~
~I~ROVIDING FOR SCOPE OF LAND DEVELOPMENT ~
~ROJECT REVIEWS; PROVIDING FOR LIBERAL ~
~ONSTRUCTION; PROVIDING FOR REPEAL OF COLLIE~
.~/COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND
SECTION .05 OF COLLIER COUNTY ORDINANCE NO.
7a74_50; AMENDING COLLIER COUNTY ORDINANCE NO.
77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT
OF EXPENSES; PROVIDING FOR REVIEW PROCESS;
PROVIDING FOR CONFLICT AND SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted Collier
County Ordinance No. 74-50 as amended by Collier County Ordinance
No. 87-97 creating the Water Management Advisory Board (WMAB) to
review proposed projects and to advise the Board on the impacts of
such projects on the land and water resources and environmental
quality of Collier County; and
WHEREAS, the Board of County Commissioners created the
Environmental Advisory Council (EAC) on February 10, 1970 to
· collect biological, hydrological and geological facts affecting
Collier County in order to advise the' Board on matters concerning
air, land and water pollution as an aid to proper zoning and the
. preservation of the environment; and
WHEREAS, the EAC and the WMAB exhibit overlapping areas, of
responsibilities because they are both directed to. advise the
Board .on matters affecting the conservation and .maintenance of .the
county's natural resources; and
WHEREAS, the existence of two advisory boards, one to review
environmental quality matters, the other to review water
management matters, creates an unnecessary duplication in closely
related natural resource functions and features; and
WHEREAS, the merger of the two advisory boards into one
Environmental Advisory Board (EAB) would eliminate both the
98'
Words underlined are additions; Words s~ek-thr'~u~h are deleted.
fragmentation of the County's natural resource review and the
unnecessary duplication involved in the presentation of land
development projects to members of both advisory boards; and
WHEREAS, Objective 3 and Policies 3.1 and 3.2 of the Future
Land Use Element of the Collier County Growth Management Plan
address improvements to the efficiency and effectiveness in the
land use regulatory process through a streamlining of requirements
and procedures and commitment to reorganize the County's
development review process; and
WHEREAS, the creation of the Collier County Development
Services Department with a sufficient number of professionally
qualifi~d review staff reduces the need for appointed advisory
boards to duplicate administrative reviews; and
WHEREAS, Collier County Ordinance No. 77-66 provides for the
EAC to function as an appeals board for Environmental Impact
Statements; and
.WHEREAS, Collier County Ordinance No. 86-41 has established
standards for the creation of advisory boards and qualifications
for membership and process of appointments;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that:
~: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD;
ABOLISHMENT OF THE WMAB AND EAC.
A. There is hereby established "The Environmental Advisory
Board" which shall herein be referred to as the EAB.
B. The Environmental Advisory Council (EAC) and the Water
'Management Advisory Board (WMAB) are hereby abolished as of one
hundred eighty (180) days after the effective date of this
Ordinance or the first meeting of the Environmental Advisory Board
(EAB), whichever occurs earlier. At the date and time of the
first meeting of the EAB as provided herein all matters then still
pending before' the EAC and WMAB ipso facto shall be transferred to
the EAB and shall.,be the first matters of consideration by the
99
Words ~ are additions; Words s~e~-~h~'~u~h are deleted.
--2--
~J~_]~j~: AU~ORITY; FUNCTIONS; POWERS AND DUTIES.
A. The FAB 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 review and evaluation of specific zoning and development
petitions and their impact on the regulation, control, management,
use or exploitation of any or all natural resources of or within
Collier County.
B. The EAB will function to:
1. Review and recommend stipulations addressing the
preservation, conservation, protection, management and
beneficial use of the County's physical and biological
natural resources (atmospheric, terrestrial, aquatic and
hydrologic) for petitions and/or plans for selected
development orders, including but not limited to Rezones,
Developments of Regional Impact, Provisional Uses,
Subdivision' Master Plans and Planned Unit Development
Amendments that are directed to the EAB by County staff, the
Board or the provisions of this Ordinance.
C. The powers and duties of the EAB are as follows:
1. Implement the provisions of the Conservation and
Coastal Management Element of.the County's Comprehensive Plan
during the review process for development petitions and/or
plans.
2. Participate in the review and recommendation process ·
for excavations as provided for in Collier 'County Ordinance
No. 88-26, as amended.
3. Assist in the implementation of any new programs,
ordinances and/or policies created through the Environmental
Policy Technical Advisory Board and adopted by the Board of
County Commissioners which deal with. the conservation,
management and protection of air, 1and, water and natural
resources and environmental.quality in Collier County.
045, 100
Words ~are additions; Words s~uek-th~o~h 'are deleted.
4. Provide an appeals forum and process to hear
disputes between County staff and applicants concerning land
development projects and recommend proposed stipulations for
project approval or grounds for project denial for Board
consideration.
5. Function as an Environmental Impact Statement (EIS)
appeal board pursuant tO Collier County Ordinance No. 77-66.
~ECTION THREE: MEMBERSHIP.
A. Seven (7) members of the EAB shall be. appointed by and
serve at the pleasure of the Board. Appointment to the EAB shall
be by resolution.~<.of the Board and shall set forth the date of
appointment and the term of office.
B. Vacancies on the EAB 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 qualificati0ns
9~" ' 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 community
':. service.
~i':/ D. The primary consideration in appointing EAB members
i~'/ shall be to provide the Board with technical expertise necessary
:' tO effectively accomplish the EAB'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 botany, ecology, zoology, etc.), Coastal
Processes, Estuarine Processes, Hazardous Waste, Hydrogeology,
Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution
Control, Solid Waste, Stormwater Management, Wate~ Resources,
Wildlife Management, or other representative areas deemed
Words ~ are additions; Words st~ek-~h~e~gh 'are deleted.
- 4 -
appropriate 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 EAB
shall be as follows:
1. Two (2) members will serve until September 30, 19921
2. Two (2) members will serve until September 30, 19931
3. TWo (2) members' will serve until September 3'0, 19941
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 terms of
office shall expire on the 30th day of September. Terms of office
shall be limited 'to one term unless' waived by the Board by a
unanimous vote. A member may 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 tn any one (1) year.
.F. Any member of the EAB 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 year. Members sh~ll be deemed absent from a
meeting when they are not present during at least 75% of the
. meeting.
A. The officers of the EAB shall be a Chairman and a
Vice-Chairman. Officers' terms shall be for.one'S(i) year, with
eligibility for re-election. The Chairman and Vice-Chairman shall
be elected by a majority vote at the organizational meeting and
thereafter at the first regular meeting of the EAB in October of
each year.
B. The Chairman shall preside at all meetings'of the EAB.
The Vice-Chairman shall perform the duties of the Chairman in the
absence or incapacity of the Chairman. In case of the removal,
Words underlined are addi ~s; Words s~r~ek-2h~uqh 'are deleted.
resignation or death of the Chairman, the Vice-Chairman shall
perform such duties ae are imposed on the Chairman until such time
as the EAB shall elect a new Chairman. Should the offices of
Chairman and/or Vice-Chairman become vacant, the EAB shall elect a
successor from its membership at the next regular meeting. Such
election shall be for the unexpired term of said office.
C. Professional support staff for the EAB shall be'provided
by the Project Review Services Section of the Development Services
Department and such other County staff from elsewhere within the
County Government as may, from time to time, be requested by the
EAB and deemed necessary by the County Manager.
~ MEETiNGS~ QUORUM~ RULES OF PROCEDURE.
A. Regular meetings of the EAB shall be held on the 1st
Wednesday of each month at 9=00 a.m., in the Commissioner's
Meeting Room, 3rd Floor, Building "F", Collier County Government
Complex, Naples, Collier County, Florida. Special meetings of the
EAB .may be called by the Chairman or by a majority of the
membership.
B. A simple majority of the appointed members of the EAB
shall constitute a quorum for the purpose of conducting business.
An affirmative vote of four (4) or more members shall be necessary
in order to take official action, regardless of whether four (4)
or more members of the EAB are present at a meeting.
C. The EAB shall, by majority vote of the entire
me~bership, adopt rules of procedure for the transaction of
business and shall keep a record of meetings, resolutions,
findings and determinations. The EAB may establiSh subcommittees
comprised solely of its membership to facilitate its functions.
Meetings of the subcommittees shall conform to the same public
notice requirements as that of the EAB.
D. At the regular meetings of the EAB, the following shall
be the order of business:
1. Roll Call
2. Approval of the Minutes of Previous Meeting
Words underlined are additions; Words s~r~ck-~h~u~h are deleted.
--6--
3. Old Business
4. New Business
5. Public Comments
6. Adjournment
Items shall come before the EAB as scheduled on the Project Review
Services support staff prepared agenda unless a specific request
arises which Justifies deviation by the EAB.
~: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS.
The Environmental Advisory Board Shall review all land
development petitions which require an Environmental Impact
Statement (EIS), all Developments of Regional Impact (DRI), lands
with Special Treatment (ST) or 'Area of critical S~ate
Concern/Special Treatment zoning overlays, areas of the County
covered by interlocal agreements, any. petitions which cannot be
resolved between the applicant and staff and which is requested to
be heard by the the Environmental Advisory Board by either party
and .any petition which requires approval of the Collier county
Planning Commission or the Board of County Commissioners and staff
receives a request for the petition to 'be heard by the
Environmental Advisory Board from the chairman of the
Environmental Advisory Board or chairman of the Board of County
Commissioners.
~: LIBERAL CONSTRUCTION.
The provisions of this Ordinance shall be liberally construed
to effectively carry out its purpose in.the interest of the public
health, safety, welfare and convenience.
~: REPEAL OF COLLIER COUNTY ORDINANCE~O. 87-97.
Collier County Ordinance No. 87-97 is hereby repealed in its
entirety.
~: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66.
Section Ten (10), Collier County Ordinance No. 77-66 is
hereby amended as follows:
Any person aggrieved by the decision of the County Manager
regarding any section of this ordinance may file a written request
Words underlined are additions; Wo=ds s~ruek-~hr'eu~h 'are deleted.
for appeal, not later than ten (10) days after said decision, with
the Environmental Advisory eo~n=~ Board. The Environmental
Advisory eo~ne~ Board will notify the aggrieved person and the
County Manager of the date, time and place that such appeal shall
be heard; such notification will be given twenty-one (21) days
prior to the hearing unless all parties waive this requirement.
The appeal will be heard by the Environmental Adviso~
Board within sixty (60) days of the submission of the appeal. Ten
(10) days prior to the hearing the aggrieved person shall submit
to the Environmental Advisory e~ume~} Board and to the County
Manager copies of~.the data and information he intends to use in
him appeal. Upon conclusion of the'hearing the Environmental
Advisory e~ Board will submit to the Board of County
Commissioners ~he~ its facts, findings and recommendations. .The
Board of County Commissioners, in regular session, will make the
final decision to affirm, overrule or modify the decision of the
County Manager in light of the recommendations of the
Environmental Adgisory e~mme~ Board.
~~_T~: REIMBURSEMENT OF EXPENSES.
Members of the EAB 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 ELEVEN: REVIEW 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 1995, in:-~accordance with
the procedures contained in Collier County Ordinance No. 86-41.
SECTION TWELVE: 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,
Words underlined are additions; Words $~uek-th~eu~h are deleted.
.~;. distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
~ SECTION THIRTEEN: EFFECTIVE DATE.
~'. , This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
" PASSED AND DULY ADOPTED by the Board of County Commissioners
? ' of Collier County, Florida, this 30 day of ~-- , 1991.
~;,~" ..~%TTEST: '.. ,.', BOARD OF COUNTY COMMISSIONERS
JAMES...C.' G~LE, S,.. . ., Clerk COLLIER COUNTY, FLORIDA
Approved'~'as to form and
Assistant County' orney
~? ,; ' . .,,~c/etary of~tote~ Offlc. e_.th~e.
~ ackr~owledgen~e~n~ ~ tt~t
Words underlined are additions; Words s%=uek-th~eu~h 'are deleted.
STATE OF FLORZDA ) '
COUNTY OF COLLIER )
I, JAMES ~. GILES, Clerk of Courts in and for the
'~' Twentieth Judicial Circuit, Collier Count~, Florida, do
.~.~i'~, '~ereby certify that tho foregoing As a true copy of:
~i~. Ordinance No. 91-68
ii~i~., which was adopted by the Board of County Conu~isoloners on
the 30th day of July, 1991, during Regular Session.
WITNESS'my ha~d and the official seal of the Board of
.... ~ County Commiss~oner$ of Collier County, Florida, t~is 31st
day of July, ~991.
JAMES C. GILES. ~\~. ....... ,,.
Clerk of Courts and
. " Ex-officio ~o Board of ~.' ..
By: /e/~aureen K~n¥on