Ordinance 85-51I ECEIVED
ORDINANCE NO. 85"
AN EMERGENCY ORDINANCE ESTABLISHING THE
COLLIER COUNTY PLANNING COMMISSION (CCPC);
PROVIDING FOR CREATION AND JURISDICTION
OF THE CCPC; PROVIDING FOR COMPOSITION;
PROVIDING FOR INITIAL APPOINTMENTS AND
REAPPOINTMENTS OF MEMBERS; PROVIDING FOR
TERMS OF OFFICE; PROVIDING FOR REMOVAL
FROM OFFICE AND FAILURE TO ATTEND MEETINGS;
PROVIDING FOR OFFICERS, QUORUM AND RULES
OF PROCEDURE; PROVIDING FOR REIMBURSEMENT
OF EXPENSES UPON AUTHORIZATION; PROVIDING
FOR LOCATION OF MEETINGSt PROVIDING FOR
FUNCTIONS, POWERS AND DUTIES OF THE CCPC;
PROVIDING FOR REPEAL OF ORDINANCE NO. 76-29;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR DECLARATION OF EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF G~UNTY~C~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: m c~
SECTION ONE: Creation of the Collier County Planninq ~ ~ C~
~ommission; Jurisdiction. ~ -~
There is hereby created the Collier County Planning
Commission (hereinafter referred to as the "CCPC") which shall
consist of nine (9) members appointed by the Board of County
Commissioners. The geographic Jurisdiction of the CCFC shall De
the unincorporated area of Collier County, Florida.
SECTION TWO: Composition of the CCPC.
Members of the CCPC shall be permanent residents and
electors of Collier County. Although no specific experience
requirements shall be necessary as a prerequisite to appointment,
consideration shall be given to applicants who have experience or
who have shown interest in the area of planning, zoning and
related fields. Further consideration in the appointment of
board members shall be made so as to provide the CCPC with the
needed technical, professional, busines~ and/or administrative
expertise to accomplish the duties and functions of the CCPC as
set forth in this Ordinance.
The appointment of all members to the CCPC shall be by
resolution of the Board of County Commissioners. '
(a) Initial Appointments. Initial appointments to the
CCPC shall be made by selection from those members and/or
alternates serving on the Coastal Area Planning Commission
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and those members and/or alternates serving on the I,.m,okalee
Area Planning Commission immediately prior to the effective
date of this Ordinance. The Board of County Commissioners
shall designate seven (7) members from the regular members
and/or alternates of the Coastal Area Planning Commi~sion
and two (2) members from the regular members and/or
alternates of the Immokalee Area Planning Commission. If,
for any reason, there is an insufficient number of regular
and/or alternate members from which to designate the
membership of the CCPC, the Board shall request and accept
applications from the general public to complete the initial
appointment of members to the CCPC. Initial members shall
be appointed and designated pursuant to resolution of the
Board of County Commissioners.
(b) Reappointments. All reappointments to the CCPC
shall be made so as to achieve the following geographical
distribution of membership:
One member - County Commission District No. 4
(City of Naples)
Two members - County Commission District No. 1
(Marco and East Naples)
Two members - County Commission District No. 2
(North Naples)
Two members - County Commission District No. 3
(Golden Gate)
Two members - County Commission District No. 5
(Immokalee)
SECTION THREE: Terms of Office.
The initial terms of office of the CCPC shall be as follows:
(a) Three (3) members shall be appointed for a term of
two (2) years.
(b) Three (3) members shall be appointed for a term of
three (3) years.
(c) Three (3) members shall be appointed for a term of
four (4) years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years. Each appointment and reappointment shall
be mado so that tho terms of any two (2) members from a single
Commission District shall not expire in the same year.
At the first official meeting of the CCPC, the members of
the CCPC shall decide, by mutual consont, and thereafter
recommend to the Board of County Commissioners a term fo~ each of
the members that shall address the requirements of SECTION TWO
and SECTION THREE of this Ordinance. After consideration and
approval of the recommendation of the CCPC, the Board of County
Commissioners may set forth the recommendation in the form of a
resolution. In the event that terms cannot be recommended for
any reason, the Board shall adopt such resolution as it deter-
mines to be appropriate. The resolution adopted by the Board
shall set forth the date of appointment, term and district for
each member appointed.
A member may be reappointed by the Board of County Commis-
sioners for only one (1) successive term, unless there are no
other qualified applicants for the member's position. Appoint-
ments to fill any vacancy on the CCPC shall be for the remainder
of the unexpired term of office.
SECTION FOUR: Removal from Officel Failure to Attend Meetinqs.
(a) Any member of the CCPC may be removed from office
by a four-fifths (4/5tbs) vote of the Board of County
Commissioners, but such member shall be entitled to a public
hearing and reconsideration of the vote if he so requests in
writing within thirty (30) days of the date on which the
vote is taken.
(b) If any member of the CCPC fails to attend two (2)
consecutive CCPC meetings without cause, the CCPC shall
declare the member's office vacant and the vacancy shall be
filled by the Board of County Commissioners.
SECTION FIVE: Officers~ Qqprum~ Rules of Procedure.
(a) At its earliest opportunity, the membership of the
CCPC shall elect a chairman a~d vice chairman from a~ong the
members. Officers' terms shall be for one (1) year, with
eligibility for re-election.
3
(b) The presence of five (5) or more members shall
constitute a quorum of the CCPC necessary to take action and
transact business. In addition, an affirmative vote of five
(5) or more members shall be necessary in order to take
official action, regardless of whether five (5) or more
members of the CCPC are present at a meeting.
(c) The CCPC shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and ~hall keep a record of meetings, resolutions,
findings and determinations. The CCPC may provide for
transcription of such hearings and proceedings, or portions
of hearings and proceedings, as may be deemed necessary.
SECTION SIX: Compensation.
The members of the CCPC shall serve without compensation,
but may be reimbursed for such travel, mileage and/or per diem
expenses as may be authorized by the Board of County Commis-
sioners.
~ECTION SEVEN: Location of Meetinqs.
In order to provide convenience and promote public partici-
pation, at least one of every four meetings of the CCPC shall be
held in the Immokalee area, but only when matters pending before
the CCPC concern or address Immokalee area planning considera-
tions. Meetings in Immokalee shall be held at thc Immokalee
Courthouse, 101 South First Street, Immokalee, Flo~-ida. All
other meetings shall be held at the Collier County Government
Center, Naples, Florida, unless otherwise specified by the CCPC
or Board of County Commissioners.
SECTION EIGHT: Functions~ Powers and Duties of the CCPC.
The functions, powers and duties of the CCPC shall be those
authorized for Planning Commissions as set forth in Chapter
67-1246, Laws of Florida, incorporated herein and by reference
made a part hereof, as said Chapter has been or may be amended.
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SECTION NINE: Repeal
Collier County Ordinance No. 76-29 is hereby repealed as of
the .ffective date of this Ordinance.
SECTION TEN: Conflict and Severabili%y.
In the event this Ordinance conflicts with ans- 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 ho3ding shall not
affect the validity of the remaining portion.
SECTION ELEVEN: Effective Date.
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by
no less than four-fifths (4/Sths) vote of the membership of the
Board does hereby waive notice of intent to consider this
Ordinance.
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 certified
mail, postage prepaid, to the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 24th day of September, 1985.
A~/'oved"h ~orm ~nd
legal sufficiency:
Kenneth B. Cuyle~ --
Assistant County' Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FREDE~CK J. VOSS, Chairman
!
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circ'uit, Collier County, Florida, do
hereby certify that the foregoing is a true original of~
ORDINANCE 85-51
which wa~' adopted by the Board of County Commissioners via
emergency procedures during Regular Session on the 24th day
of September, 1985.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of September, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Boardsof '1 ] /~/~,
County Commissioner
Deputy Clerk ..'