Agenda 01/27/2015 Item #10B 1/27/2015 10.B.
EXECUTIVE SUMMARY
Recommendation to appoint two Commissioners to the Southwest Florida Regional
Planning Council.
OBJECTIVE: To appoint two Commissioners and, if desired, an alternate to the Southwest
Florida Regional Planning Council.
CONSIDERATIONS: During the Board's January 13th meeting, Commissioner Nance asked
the Board whether they wished to consider appointing two new Commissioners to serve as
members on the Southwest Florida Regional Planning Council. Commissioners Nance and
Hiller are the current appointments. The following was taken from the Southwest Florida
Regional Planning Council Website, and along with the back-up material, is intended as a brief
explanation to the public as to the purpose of the Council:
The Southwest Florida Regional Planning Council (SWFRPC or "Council") was created by an
interlocal agreement between Charlotte, Collier, Glades, Hendry, Lee and Sarasota Counties in
1973. In accordance with Florida Statutes, the agency is directed by a 36-member Council,
composed of 25 county commissioners and municipal elected officials, 7 gubernatorial
appointees from all counties within the region, and four ex-officio (non-voting) gubernatorial
appointees representing the Florida Department of Transportation, the Florida Department of
Environmental Protection, and water management districts.
The purposes of the Council include:
• responsibilities set forth by Chapters 163, 180 and 186 of Florida Statutes and other
applicable state, federal and local law;
• to serve as a regional coordinator for members, to exchange, interchange and review
various programs of member jurisdictions relating to regional problems;
• to promote communication between members for the conservation and compatible
development within the region; and
• to cooperate with federal, state, local and non-governmental agencies to accomplish these
objectives.
Funding is provided from local, state, and federal sources.
The Council meets monthly to...
• Develop agreement on a common vision for the region and assess the progress we are
making toward reaching that vision;
• Deliberate on proposed projects deemed developments of regional impact and on
proposed changes to local comprehensive plans, review federal projects, programs and
documents of statewide significance that may affect the region;
• Collaborate on projects and programs that benefit multiple jurisdictions;
• Discuss issues that emerge as matters of regional interest, for example infrastructure
needs and proposed growth management initiatives; and
1
Packet Page-59-
1/27/2015 10.B.
• Share best practices from multiple jurisdictions,address challenges and discuss solutions.
Board meetings are held monthly on the third Thursday at 9:00 a.m. They are usually,
but not always held at the Council's offices. All official meetings of the Council are open to the
public.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney and is
approved as to form and legality. This item requires majority vote for approval. As a follow-up
to an issue raised by Commissioner Hiller, although only a Commissioner can be a voting
member of the Council, it would not be inappropriate if the Board, working with the County
Manager, were to designate a staff liaison to the Council, who could attend all meetings and
report back to any appointed Commissioner who was absent from a particular meeting. This
might be of value if a particular Council meeting did not contain any action items on the agenda
of interest to Collier County. -JAK
RECOMMENDATION: That the Board appoints two Commissioners, and if desired, an
alternate,to the Southwest Florida Regional Planning Council and directs the County Attorney to
prepare a resolution confirming the appointments.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Attachments—Information relating to the Southwest Florida Regional Planning Council
Interlocal Agreement Creating the Southwest Florida Regional Planning Council
Packet Page-60-
1/27/2015 10.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.B.
Item Summary: Recommendation to appoint two Commissioners to the Southwest
Florida Regional Planning Council.
Meeting Date: 1/27/2015
Prepared By
Name:NeetVirginia
Title:Legal Assistant/Paralegal, CAO Office Administration
1/14/2015 12:05:04 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
1/14/2015 12:05:05 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2015 1:57:54 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/15/2015 9:04:49 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2015 10:59:34 AM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 1/19/2015 6:51:11 PM
Packet Page-61-
1/27/2015 10.B.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL MEMBERSHIP
CHAIR Councilwoman Teresa Heitmann
VICE CHAIR. Mr.Robert"Bob"Mulhere
SECRETARY Mr.Don McCormick
TREASURER. Councilman Forrest Banks
CHARLOTTE COUNTY COLLIER COUNTY
Commissioner Tricia Duffy,Charlotte Co BCC Commissioner Tim Nance,Collier Co BCC
Commissioner Chris Constance,Charlotte Co BCC Commissioner Georgia Hiller,Collier Co BCC
Councilwoman Nancy Prafke,City of Punta Gorda Councilwoman Teresa Heitmann,City of Naples
Ms.Suzanne Graham,Governor Appointee (City of Marco Island Vacancy)
Mr.Donald McCormick,Governor Appointee Mr.Robert"Bob"Mulhere,Governor Appointee
Mr.Alan D.Reynolds,Governor Appointee
GLADES COUNTY HENDRY COUNTY
Commissioner Donna Storter-Long,Glades Co BCC Commissioner Karson Turner,Hendry Co BCC
Commissioner Paul Beck,Glades Co BCC Commissioner Don Davis,Hendry Co BCC
Councilwoman Pat Lucas,City of Moore Haven Mayor Phillip Roland,City of Clewiston
Mr.Thomas C.Perry,Governor Appointee Commissioner Daniel Akin,City of LaBelle
Mr.Mel Karau,Governor Appointee
LEE COUNTY SARASOTA COUNTY
Commissioner Frank Mann,Lee Co BCC Commissioner Carolyn Mason,Sarasota Co BCC
Commissioner Cecil Pendergrass,Lee Co BCC Commissioner Charles Hines,Sarasota Co BCC
Councilman Jim Burch,City of Cape Coral Vice-Mayor Rhonda DiFranco,City of North Port
Vice Mayor Doug Congress,City of Sanibel Councilman Kit McKeon,City of Venice
Councilman Forrest Banks,City of Fort Myers Mayor Willie Shaw,City of Sarasota
Mayor Anita Cereceda,Town of Fort Myers Beach (Gubernatorial Appointee Vacancy)
(City of Bonita Springs Vacancy) Mr.Felipe Colon,Governor Appointee
Ms.Laura Holquist,Governor Appointee
(Gubernatorial Appointee Vacancy)
EX-OFFICIO MEMBERS
Phil Flood,SFWMD
Jon Iglehart,FDEP
Melissa Dickens,SWFWMD
Carmen Monroy,FDOT
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL STAFF
MARGARET WUERSTLE EXECUTIVE DIRECTOR
SEAN McCABE LEGAL COUNSEL
James Beever John Gibbons Jennifer Pellechio
David Crawford Nichole Gwinnett Jerilyn Walker
Nancy Doyle Rebekah Harp Timothy Walker
Updated 11/2o/2014
Packet Page-62-
1/27/2015 10.B.
Who We Are
The Southwest Florida Regional Planning Council(SWFRPC or"Council")was created by an interlocal agreement
between Charlotte,Collier,Glades, Hendry, Lee and Sarasota Counties in 1973. In accordance with Florida Statutes,
the agency is directed by a 36 member Council,composed of 25 county commissioners and municipal elected
officials,7 gubernatorial appointees from all counties within the region,and four ex-officio(non-voting)gubernatorial
appointees representing the Florida Department of Transportation,the Florida Department of Environmental
Protection,and water management districts.
The SWFRPC is designated Regional District 9 and acts
as a regional information clearinghouse,conducts
research to develop and maintain area wide goals,
objectives,and policies,and assists in implementing a ` sd* � '
J P P 9 c , ��
number of local,state,and federal programs.The Council r
serves as an advocate for the Region with State and
Federal agencies,including the Legislature and Congress.
View the Southwest Florida Regional Planning Council's
rules(Division:291)on the Florida Administrative Code
website.
Since its creation in 1973,the Southwest Florida Regional
Planning Council(SWFRPC)has worked with local governments to protect natural resources and promote the
creation of jobs within our six county region.
Which Counties are in the Southwest Florida Region?
Southwest Florida serves Regional District 9 and consists of six counties with a total area(land and water)of 6,663
square miles and a land area of 5,986 square miles.Four of the counties border the Gulf of Mexico,with a total
shoreline of 4,515 miles,and comprise a large portion of the Region's urban area.Two counties are bounded by Lake
Okeechobee,the second largest freshwater lake in the United States.The six counties in the Southwest Florida
Region include:
Charlotte 1 Collier(Glades!Hendry 1 Lee I Sarasota
Packet Page-63-
1/27/2015 10.B.
Florida's Regional Planning Councils...
.:Florida's 11 Regional Planning Councils(RPC's)are public organizations that serve as
bridges between state and local governments representing an area in which resources,characteristics,and issues
co-exist. RPC's provide comprehensive planning and intergovernmental coordination for managed,responsible
growth. Florida Statutes 186.502(4)(1)recognize RPCs as Florida's only multipurpose regional entities in a position to
plan for and coordinate intergovernmental solutions to growth-related problems on greater-than-local issues,provide
technical assistance to local governments,and meet other needs of the communities in each region.
Packet Page-64-
1/27/2015 10.B.
What We Do
The Southwest Florida Regional Planning Council's mission is to work together across neighboring communities to
consistently protect and improve the unique and relatively unspoiled character of the physical,economic and social
worlds we share... for the benefit of our future generations.
The SWFRPC was formed to enable local jurisdictions to make the most efficient use
of their powers to cooperate for mutual advantages to provide services and facilities,and to optimize employment of
geographic, human,economic and natural resources in support of economic,natural resources,social,land use,
transportation and public safety development.
The purposes of the Council include:
• responsibilities set forth by Chapters 163, 180 and 186 of Florida Statutes and other applicable state,federal
and local law;
• to serve as a regional coordinator for members,to exchange,interchange and review various programs of
member jurisdictions relating to regional problems;
• to promote communication between members for the conservation and compatible development within the
region; and
• to cooperate with federal,state,local and non-governmental agencies to accomplish these objectives.
Regional planning regional agencies assist local governments in resolving their common problems,engage in
areawide comprehensive and functional planning,administer certain federal and state grants-in-aid or other
programs, provide technical assistance,conduct research related to regional issues,and provide a regional focus in
regard to multiple programs undertaken on an areawide basis.These programs and services include transportation
planning, economic development,emergency preparedness planning,ecological services such as research and
scientific studies,dispute resolution,workshop and event coordination.
Budget
Funding is provided from local,state,and federal sources.
Meetings
The Council meets monthly to...
Packet Page-65-
1/27/2015 10.B.
• Develop agreement on a common vision for the region and assess the progress we are making toward
reaching that vision;
• Deliberate on proposed projects deemed developments of regional impact and on proposed changes to
local comprehensive plans, review federal projects,programs and documents of statewide significance that
may affect the region;
• Collaborate on projects and programs that benefit multiple jurisdictions;
• Discuss issues that emerge as matters of regional interest,for example infrastructure needs and proposed
growth management initiatives;and
• Share best practices from multiple jurisdictions,address challenges and discuss solutions.
Board meetings are held monthly on the third Thursday at 9:00 a.m.They are usually, but not always held at the
Council's offices. Please check the Calendars for times and locations.
All official meetings of the Council are open to the public as required by Florida Sunshine Laws,Chapter 286, F.S.,
and meet the requirements of the applicable sections of the Florida Administrative Procedures Act, Chapter 120, F.S.
The Council gives seven(7)days notice of meetings and workshops, in addition to any other notices as required by
Florida Statutes.
What Is Planning?
When government officials,business leaders,and citizens come together to build communities that enrich people's
lives.Planning,also called urban planning or city and regional planning,works to improve the welfare of people and
their communities,by creating more convenient,equitable,healthful,efficient,and attractive places for present and
future generations.
Packet Page-66-
1/27/2015 10.B.
The 2014 Florida Statutes
186.504 Regional planning councils;creation;membership.—
(1) A regional planning council shall be created in each of the several comprehensive planning districts of the
state.Only one agency shall exercise the responsibilities granted herein within the geographic boundaries of any one
comprehensive planning district.
(2) Membership on the regional planning council shall be as follows:
(a) Representatives appointed by each of the member counties in the geographic area covered by the regional
planning council.
(b) Representatives from other member local general-purpose governments in the geographic area covered by the
regional planning council.
(c) Representatives appointed by the Governor from the geographic area covered by the regional planning council,
including an elected school board member from the geographic area covered by the regional planning council,to be
nominated by the Florida School Board Association.
(3) Not less than two-thirds of the representatives serving as voting members on the governing bodies of such
regional planning councils shall be elected officials of local general-purpose governments chosen by the cities and
counties of the region,provided each county shall have at least one vote.The remaining one-third of the voting
members on the governing board shall be appointed by the Governor,to include one elected school board member,
subject to confirmation by the Senate,and shall reside in the region.No two appointees of the Governor shall have
their places of residence in the same county until each county within the region is represented by a Governor's
appointee to the governing board.Nothing contained in this section shall deny to local governing bodies or the
Governor the option of appointing either locally elected officials or lay citizens provided at least two-thirds of the
governing body of the regional planning council is composed of locally elected officials.
(4) In addition to voting members appointed pursuant to paragraph(2)(c),the Governor shall appoint the following
ex officio nonvoting members to each regional planning council:
(a) A representative of the Department of Transportation.
(b) A representative of the Department of Environmental Protection.
(c) A representative nominated by the Department of Economic Opportunity.
(d) A representative of the appropriate water management district or districts.
The Governor may also appoint ex officio nonvoting members representing appropriate metropolitan planning
organizations and regional water supply authorities.
(5) Nothing contained in this act shall be construed to mandate municipal government membership or participation
in a regional planning council.However,each county shall be a member of the regional planning council created
within the comprehensive planning district encompassing the county.
(6) The existing regional planning council in each of the several comprehensive planning districts shall be
designated as the regional planning council specified under subsections(1)-(5),provided the council agrees to meet
the membership criteria specified therein and is a regional planning council organized under either s. 163.01 or s.
163.02 or ss. 186.501-186.515.
Packet Page-67-
1/27/2015 10.B.
The 2014 Florida Statutes
186.505 Regional planning councils;powers and duties.—Any regional planning council created hereunder shall
have the following powers:
(1) To adopt rules of procedure for the regulation of its affairs and the conduct of its business and to appoint from
among its members a chair to serve annually;however,such chair may be subject to reelection.
(2) To adopt an official name and seal.
(3) To maintain an office at such place or places within the comprehensive planning district as it may designate.
(4) To employ and to compensate such personnel,consultants,and technical and professional assistants as it deems
necessary to exercise the powers and perform the duties set forth in this act.
(5) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties
and the execution of its powers under this act.
(6) To hold public hearings and sponsor public forums in any part of the regional area whenever the council deems
it necessary or useful in the execution of its other functions.
(7) To sue and be sued in its own name.
(8) To accept and receive,in furtherance of its functions,funds,grants,and services from the Federal Government
or its agencies;from departments,agencies,and instrumentalities of state,municipal,or local government;or from
private or civic sources.Each regional planning council shall render an accounting of the receipt and disbursement
of all funds received by it,pursuant to the federal Older Americans Act,to the Legislature no later than March 1 of
each year.
(9) To receive and expend such sums of money as shall be from time to time appropriated for its use by any county
or municipality when approved by the council and to act as an agency to receive and expend federal funds for
planning.
(10) To act in an advisory capacity to the constituent local governments in regional,metropolitan,county,and
municipal planning matters.
(11) To cooperate, in the exercise of its planning functions,with federal and state agencies in planning for
emergency management as defined in s.252.34.
(12) To fix and collect membership dues,rents,or fees when appropriate.
(13) To acquire, own,hold in custody,operate,maintain, lease,or sell real or personal property.
(14) To dispose of any property acquired through the execution of an interlocal agreement under s. 163.01.
(15) To accept gifts,grants,assistance,funds,or bequests.
(16) To conduct studies of the resources of the region.
(17) To participate with other governmental agencies,educational institutions,and private organizations in the
coordination or conduct of its activities.
(18) To select and appoint such advisory bodies as the council may find appropriate for the conduct of its
activities.
(19) To enter into contracts to provide,at cost,such services related to its responsibilities as may be requested by
local governments within the region and which the council finds feasible to perform.
(20) To provide technical assistance to local governments on growth management matters.
(21) To perform a coordinating function among other regional entities relating to preparation and assurance of
regular review of the strategic regional policy plan,with the entities to be coordinated determined by the topics
addressed in the strategic regional policy plan.
(22) To establish and conduct a cross-acceptance negotiation process with local governments intended to resolve
inconsistencies between applicable local and regional plans,with participation by local governments being
voluntary.
(23) To coordinate land development and transportation policies in a manner that fosters regionwide transportation
systems.
(24) To review plans of independent transportation authorities and metropolitan planning organizations to identify
inconsistencies between those agencies' plans and applicable local government plans.
(25) To use personnel,consultants,or technical or professional assistants of the council to help local governments
within the geographic area covered by the council conduct economic development activities.
(26) To provide consulting services to a private developer or landowner for a project,if not serving in a review
capacity in the future,except that statutorily mandated services may be provided by the regional planning council
regardless of its review role.
Packet Page-68-
1/27/2015 10.B.
29I-1.004 Council Membership and Appointments,Term of Service,Vacancies,Removal from Office.
(I)Membership and Appointments.
(a) The Council shall include the Counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota, each of which shall be
represented on the Council by two voting representatives appointed by their respective Board of County Commissioners.
(b)All municipalities within each county shall select one representative of one of the municipalities within the county who will
be a voting representative.
(c) Further, each city has the option to be a member local government and to appoint one representative from the city's
governing board;cities taking this option shall not participate in the process in paragraph(b)above.
(d) The representative(s) to the Council from each member local government shall be the elected chief representative of said
local government or a member of its governing body chosen by such body to be its representative.
(e)Changes in membership provisions shall require a two thirds vote of the members.
(2)Terms of Service.
(a)Council members shall serve, and may be reappointed, at the pleasure of the appointing authority for terms not to exceed 3
years.
(b) Member governments may appoint alternate representative(s) to the Council. Alternate representative(s) shall be the chief
elected official of said local government or a member of its governing body chosen by such body to be its alternate representative.
(3)Vacancies.
Any vacancy shall be filled for the unexpired term in the same manner as the initial appointment.
(4)Removal from Service.
Should a Council member have three consecutive unexplained absences from regular Council meetings,the Council shall so advise
the appropriate appointing authority and request another appointment. Voting representatives will continue to occupy their offices
until the Council is notified in writing of their replacement.
Rulemaking Authority 186.502, 186.505(1) FS. Law Implemented 186.504 FS. History-New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 291-
1.04,Amended 5-4-88, 3-1-95,5-14-09.
Packet Page-69-
1/27/2015 10.E3.
INTF.RI.00AL AGREEMENT CREATING THE
• • SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
•
•
• THIS AGREEMENT, made and entered into this 8th day of November,
•
• 1973, pursuant to the authority of Section 163.01, Florida
Statutes, by and between CHARLOTTE COUNTY, COLLIER COUNTY,
GLADES COUNTY, HENDRY COUNTY, LEE COUNTY and SARASOTA COUNTY,
•
• each'being a political subdivision of the State of Florida,
WITNESSETH: • •
WHEREAS, the continuing "Comprehensive State Planning"
-process described by Chapter 23 of the Florida Statutes includes,
but is not limited to the following areas of regional and
Local Development and concern: •
1. Economic Development, including agriculture,
industry and commerce;
2. Natural Resources Development, including oceanic
and water resources, fish and wildlife, parks and recreation,
C • pollution and environmental health:
•
3. Social Development, including housing, employment,
•
education,' mental and physical health and social welfare, and
cultural development, public utilities and services;
4. Transportation Development, including provisions
for airports, highways, roads and waterways;
S. Public and Industrial Safety, including the
prevention and suppression p
ppression of fires, explosions and unsafe
• conditions and practices including the prevention of crime,
identification, custody and correction of criminals and those
criminally inclined:
WHEREAS, the Environmental Land and Water-Management •Act, Chapter 380 of the Florida Statutes, grants to Regional -
Planning Agencies the right and duty to study, review and make
recommendations concerning "Areas of Critical State Concern"
and "Developments of Regional Impact" to local governments and
through the Division of State Planning to the Governor and the
Ch. 1 Pg.9
Packet Page-70-
1/27/201510.B. ' '
•
6::..,..
- Cabinet, and . .
WHEREAS, Rule 22E-1.01 of the Florida Administrat'
ive
Code requires every State Board, Department, Commission,
• District, Agency, County and Municipality Agency created by
Florida Statutes or laws, except judicial or legislative -
circuits and districts, to use.the ten (10) multi-county regional -
' planning district boundaries to prepare regional studies,
reports and plans and for 'programs and budgets, including
i
but not limited to comprehensive planning and land and water •
management, and
WHEREAS, the Division of State Planning is responsible
for conducting a "continual process of State Comprehensive
1
• Planning" by considering studies, reports and plans of each
Federal, State,Regional and Local Governmental Department, Agency,
• Institution and Commission and considering existing and prospective
a
•
resources, capabilities, and needs of State and Local governments
s
based upon the best available data to establish goals, objectives 9
and policies for the long-range guidance for orderly social,
economic, and h sical
P Y growth of Florida, and
J
WHEREAS, "Comprehensive Regional Planning Districts" s
are an integral part of "State Comprehensive Planning" as
• established by Part I of Chapter 23 of the Florida Statutes, and
WHEREAS, the parties hereto desire to make the most
efficient use of their powers to cooperate for mutual advantages 1
to provide services and facilities in an effort to optimize the
employment of geographic human, economic and natural resources 1
in an effort to optimize economic, natural resources, social,
. land use, transportation and public safety development, and
WHEREAS, Section 163.01(4) of the Florida Statutes 1
provides "a public agency of the State of Florida may exercise
jointly with any other public agency of the State, or any other
State or of the United States Government any power, privilege, or
authority which such agencies share in common and which each might
Ir
Ch1 Pg. 10 1
1
Packet Page-71-
1/27/2015 10J3.
•
exercise separately." •
NOW, THEREFORE, FOR AND IN CONSIDERATION of the
mutual promises, covenants, benefits to accrue and agreements
herein contained and set forth, the parties signatory hereto do
hereby establish the "Southwest Florida Regional Planning Council",
hereinafter referred to as Council a separate legal entity, and
do further agree as follows: -
1. Purpose: The purpose of this Agreement is:
a. To provide a means of excercising the rights, duties
•
and powers of a Regional Planning Agency set forth by
Chapters 23, 163 and 380 of the Florida Statutes, including
those functions enumerated hereinabove by preambles, and
other applicable Florida, Federal and Local law.
b. To serve as a regional coordinator for the members •
of the Region.
c. To exchange, interchange and review various programs
•
• of the individual members which have a relationship to •
regional problems. •
d. To promote communication between the members for the
conservation and compatible development of the member •
counties.
e. To cooperate with Federal, State, Local and non-
•
governmental agencies to accomplish these obj.ectives.
2. Effective Date, Duration, Termination and Withdrawal:
a. The principle member units of the Region shall be the
Charlotte, Collier, Glades, Hendry, Lee and Sarasota
Boards of County Commissioners.. •
b. This agreement shall continue from year to year without
the-necessity of a formal renewal by any party hereto,
unless terminated as hereinafter provided.
c. Amendments to this agreement, except as to its membership
provisions, shall be made effective by an affirmative vote
•
Ch. 1 Pg. 11
_ a
Packet Page -72-
1/27/2015 10B.
of a majority of the voting members of the Council.
i
Changes in membership provisions shall require a majority
of the principal member units. Any amendment to this
agreement shall be submitted, in writing, to each regular
voting member at least seven (7) days prior to the meeting
at which such amendment is to be voted upon.
•
d. Any party hereto or principal member unit may withdraw
its membership by resolution duly adopted by its governing
body, and upon giving twelve (12) months written notice of r
• • i
withdrawal to the chairman of the governing body of each
other principal member unit without the effect of terminating
this agreement. Contractual obligations of the withdrawing
• i
member shall continue until the effective date of the
' withdrawal. All property, real or personal, of the Region
on the effective date of withdrawal shall remain the
property of the Region and the withdrawing principal member
• unit shall have no right thereto.
e. In the event there is a complete termination of this
agreement which would involve the disposition of the property
' C
of the Council, such property shall be liquidated and each •
principal member unit shall-be entitled to a share of the •
•
proceeds bearing the same ratio -to the total
p g proceeds as
•
the contribution of the principal member.bore. to total
contributions made by all principal member units during the
preceding fiscal year of the Region. 4
f. In case of a complete termination of this agreement, the
non-Federal matching contribution to any approved Federal
grant shall be firm, the project shall be completed and
the required reports and accounting shall be completed.
g. This agreement may be terminated at any time by resolution
duly adopted by the governing body. of each principal member
unit.
Ch. 1 Pg. 12
Packet Page-73-
1/27/2015 10A3.
•
•
3. Membership: Each principal member unit as defined in
Article 2(a) above shall be represented by one alternate and ti
•
three (3) regular voting members. of whom two (2) regular
voting members will be members of the elected governing body
•
of the principal member unit and the•th3.rd a regular voting
member of the elected governing body of a municipal corporation
located within the boundaries of the'principal member unit
• appointed after seeking the recommendation of the governing
bodies of all municipalities within the.County. Each voting
member shall to be appointed by the governing body of the
appropriate principal member unit. Each appointed member shall
serve at the pleasure of the appointing Board of County Commissioners.
An alternate shall be eleigible to vote in the absence of a
u
regular voting member. •
4. Officers: The officers of the Region shall consist of the
following:
a. A Chairman, who shall serve as Chairman of•the Council.
He shall be an ex-officio member of all subsidiary committees
and •boards.
b. A Vice-Chairman, who shall act.for the Chairman in
his absence. He shall also perform such other functions as
the members, from time to time, shall assign.
c. A Secretary, who shall conduct the correspondence of the 4
Council, approve minutes of the meetings, be custodian
of the records, keep the roll of all members and discharge •
such other duties as may be assigned by the Chairman or the
members.
d. A Treasurer, who shall supervise the financial affairs
of the corporation and perform such other duties as usually
3
pertain to that office.
e. The officers of the Region shall be elected at the
annual meeting of the Region and shall hold office for a tern.
of one Cl) respective.•: year or until their res ..uccessors
are elected and qualified.
Ch. l Pg. 13 _
Packet Page-74-
1/27/2015 10.B.
•
5. Meetings: r!
'
a. The annual election of officers shall be held during €t:
the regular January meeting in each year.
•
b. Regular meetings shall be held on the days and times t
• • established by the Council.
c. Special meetings may be called by the Chairman at his
• E
discretion and shall be called by the Chairman when requested
by one (1) voting member from each of two-thirds (2/3) of '
the principal member units.
d. The place and time of each meeting shall be determined by 1
the membership prior •to the adjournment of the previous I
meeting.. In the absence of such a determination, the time i
and place of meetings shall be determined by the Chairman. r
e. A quorum at any meeting shall consist of a majority of
• the voting members present provided, however, no quorum shall •
x
• • exist unless a voting member is present from each of more
. than one-half (1/2) of the principal' member units. When
a quorum has been determined to be present, a majority of those
present and voting may take action-on all matters
P 9 Y presented
at the meeting. Each•member present shall vote on each
question presented to the Council except in the event he
disqualifies himself. Proxy voting is prohibited.
. f. The Secretary or his nominee shall keep minutes of each
•
meeting and distribute a copy thereof to each voting member. -
1
6. Finances: i
a. On or before August 15th of each year, the Region shall
adopt a budget and certify a copy thereof to the Clerk of the
governing body of each principal member unit. Upon approval
. (
thereof by the governing body of the principal member unit,
each principal member unit shall include in its annual
budget and cause the levy of a millage sufficient to produce
d
an amount sufficient to fund the proportionate share of each
principal member unit of the Region's budget. I
1
. «.:':1 i
Ch. 1 Pg. 14
3
i
Packet Page-75-
•• 1/27/2015 10.B.
•
•
b. The fiscal yoar of the Region shall commence on the
first day of October and end on the last day of September in
each year. •
• c. The Region shall have the right to receive and accept
in furtherance of its functions, funds, grants and services -
from federal, state and local governments or their agencies
and from private and community sources, and to expend therefrom
such sums of money as shall be deemed necessary from time
to time for the attainment of its objectives.
d. The proportionate share of the budget of the Region shall
be an amount which bears the same ratio to the total budget
as the population of each principal member unit bears to the
total population of Region, all as determined annually by.
the Department of Administration pursuant to Section 23.019,
• Florida Statutes, for the year preceding each budget
determination.
C..� • e. The contribution of each principal member unit shall
be thirty cents (300) per capita of the population of the
• is
• . principal member unit according to the last available determination
under Section 23.019..
7. Powers: The Region shall have all powers granted by law,
including without limiting the generality of the foregoing:
a. The powers granted.by Chapters 23, 163 and 380• of the •
Florida Statutes-as now existing or as, from time to time, are
amended.
b. To adopt rules of policy and •procedure and by-laws, to -
'
regulate its affairs and conduct business.
c. To adopt an official seal.
d. To maintain an office at such place within the Region as
may from time to time be determined.
e. To employ staff members and consultants, including an
' a
executive director, planning specialists, clerical personnel.
_ a
. Ch. l Pg. 15 •
• Packet Page-76-
1/27/2015 10.B.
•
•
attorneys, engineers and other specialists ialists as the Council
deems necessary and desirable to the performance of its
duties and excercise of its rights and powers. '
f. To utilize staff members employed by principal member
units as agreed by the principal member unit and determined by
•
• the Council to be desirable to solve regional and local
problems and establish Council policies.
•
. g. To hold public hearings and sponsor public forums
whenever deemed necessary or useful in the execution of the '.
functions of the Council. •
h. To acquire, own, operate, maintain, lease and sell
• real or personal property and hold title thereto in the name of
• the Council.
i. To fix and determine b,� resolution rules and regulations
relating to advertisement for bids, manner of bidding and a
maximum amount, below which same will not be required.
7•
To sue and be sued, implead and be impleaded, complain
and defend, in all courts and before all administrative boards.
k. To receive and accept from any Federal or State agency and
institutions grants for, or in aid of, the purposes of the
• Council.
• 1. To make and enter into all contracts and agreements,
and do and perform all acts and deeds necessary and incidental
to the performance'of its duties and the exercise of its powers.
m. To incur debts, liabilities and obligations which are
•
not the debts, liabilities or obligations of any of the
parties to this Agreement. •
B. It is expressly understood that the terms and conditions of,
and this Agreement, shall be effective between and among those
parties signatory hereto; and that the validity, force and effect
of their Agreement shall not be affected by one or more of the
a
• 1
Ch. l Pg. 16
Packet Page-77-
1/27/2015 10.B.
•
•
parties named hereinabove not joining in this Agreement, any
other provision of this Agreement to the Contrary notwithstanding.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed and their signatures to be affixed
on the day and year first above written.
•
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
CHARLOTTE COUNTY, FLORIDA COLLIER COUNTY, FLORIDA
•
By /S/ DOROTHY FLOWERS /S/ RUSS WIRER
Chairman • Chairman
•
•
•
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
GLADES COUNTY, FLORIDA HENDRY COUNTY, FLORIDA
By /S/ TOMMY BRONSON /S/ C. E. HALL
Chairman Chairman
•
• BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
LEE COUNTY, FLORIDA SARASOTA COUNTY, FLORIDA
•
r• By /S/ R. H. WHAN /S/ WILLIAM A. MUIRHEAD
•
Chairman. Chairman
•
' CERTIFICATE
This is to certify that the attached Interlocal Agreement
•
is a true and accurate copy of the original maintained in my
file and that each Board of County Commissioners has duly
passed and executed a Resolution approving the attached
• Interlocal Agreement as indicated by the facsimile signatures
•
affixed thereto.
/411.1r d _ i - • Or
ROLAND EASTW000
EXECUTIVE DIRECTOR
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
•
•
• , Ch. 1 Pg. 17
•
Packet Page-78-
1/27/2015 10.8.-
. t
AMENDMENT TO AGREEMENT
CREATING THE SOUTHWEST FLORIDA REGIONAL
• PLANNING COUNCIL
THIS AGREEMENT, by and between CHARLOTTE COUNTY, COLLIER COUNTY,
GLADES COUNTY, HENDRY COUNTY, LEE COUNTY and SARASOTA COUNTY, each
being. a political subdivision of the State of Florida, and herein-
after collectively referred to as "the COUNTIES",
WITNESSETH:
•
WHEREAS, the COUNTIES entered into an interlocal agreement on
November 8, 1973, pursuant to Section 163.01, Florida Statutes, to
create the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, said agree-
ment hereinafter referred to as "the Interlocal Agreement"; and
WHEREAS, Chapter 80-315, Laws of Florida, requires certain
modifications to the Interlocal Agreement in order for the SOUTH-
WEST FLORIDA REGIONAL PLANNING COUNCIL to continue to exercise its
responsibilities under Chapter 23, 163 and 380, Florida Statutes;
and
WHEREAS, it is the intent of the COUNTIES by entering into
this amendment to the Interlocal Agreement to comply with the pro-
visions of Chapter 80-315, Laws of Florida.
. NOW, THEREFORE, FOR AND IN CONSIDERATION on the mutual promises,
covenants, benefits to accrue and agreements herein contained and
set forth, the COUNTIES signatory hereto do agree to the following
amendments to the Interlocal Agreement to comply with the provisions
of Chapter 80-315, Laws of Florida:
1. Paragraph l.a. of the Interlocal Agreement is amended to 1
read as follows:
1. a. To provide a means of exercising the rights,
duties and powers of a Regional Planning Agency
set forth by Chapters 23, 160, 163 and 380 of the
Florida Statutes, including those functions enumerated
hereinabove by preambles, and other applicable
Florida, Federal and Local law.
•
Ch. 1 Pg. 18
•
{
Packet Page-79-
1/27/2015 10.B.
. . , . < (' i
•
.
2. Paragraph 2.c. of the Interlocal Agreement is amended to
read as follows:
•
2. c. Amendments to this agreement, except as to
its membership provisions, shall be made effec-
tive by an affirmative vote not less than two-
thirds of the voting members of the Council. •
Changes in membership provisions shall require
consent of a majority of the principal member
units in addition to the two-thirds vote of
the members of the Council. Any amendment to t
this agreement shall be submitted, in writing, I •
to each regular voting member at least seven
(7) days prior to the meeting at which such
amendment is to be voted upon.
•
3. Paragraph 3 of the Interlocal Agreement is amended to read
as follows:
3. Membership: At least eighteen voting members
shall be elected County Commissioners' or City
Councilmen. Each principal member unit as defined
in Article 2(a) above shall be represented by three
voting members of whom two voting members will be
members of the elected governing body of the
. principal member unit and the third a voting mem-
ber of the elected governing body of a municipal
- corporation located within the boundaries of the
principal member unit chosen by all municipalities
within the County. In addition, the Governor of
the State of Florida shall appoint representatives
to the Regional Planning Council equalling one-
half of the total of members appointed by the
member counties and municipalities. These appoint-
ments shall be citizens of the Region and no two
appointees of the Governor shall have their •
residences in the same county until each county
within the Region is represented by a Governor's •
a
•
ppointee.
•
4. Except as amended herein, the COUNTIES ratify and affirm 1
the provisions of the Interlocal Agreement dated November 8, 1973. ' i
1
IN WITNESS WHEREOF, the COUNTIES have caused the Agreement to
be executed and their signatures to be affixed on the day and year • '
•
indicated below their respective signatures. •
Attest:
Buddy C. Alexander, Clerk of
Circuit Court and Ex-
Officio Clerk to the Board BOARD OF COUNTY COMMISSIONERS
•
of County Commissioners of OF CHARLOTTE COUNTY, FLORIDA
Charlotte County, Fl
By• g B 7-2,.,i,.,.._
Chairman
Date: October 28, 1980
u
)
•
Ch. 1 Pg. 19.
Packet Page -80-
1/27/2015 10.B.
•
•
• ATTEST:
•
William J. Reagan, Clerk of
• Ciro4 ;t;Court and Ex-
-,Offlco•e,L4;rk to the Board BOARD OF COUNTY COMMISSIONERS
.,• of..Coun' y••.mmission- -; of OF COLLIER COUNTY, FLORIDA
iCollier e,ua • , F,'
8y' � �1. re-
__�!�► By: (�i !/.f
•''.. i a rman
�� Date: • •ber 7, 1980
AtTE,4
Jerry L. Beck, Clerk of
'Circuit Court and Ex-
Officio Clerk to the Board BOD OF COUNTY COMMISSIONERS
of unty Commissioners of OF GLADES COUNTY, FLORIDA
Gla s Cou , F �'
Bit- Gf/r By: • �/..t-�.,c :'`:::=-,,,
7 / Clerk Chairman
Date: -2 --• /3 - F(d
ATTEST:
Charlotte R. Fitzsimmons,
. ' Clerk of Circuit Court and
Ex-Officio Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF
of County Commissioners of HENDRY COUNTY, FLORIDA
Hendry County, Florida
• „ ', . : • % ' 60/ e9. Aza:71-
Deputy C er Chairman
Date: /p/f.,f /(�y�� ,9,1
ATTEST: n
Sal Geraci, Clerk of
Circuit Court and Ex-
Officio Clerk to the Board BOARD OP COUNTY COMMISSIONERS
of County Commissioners of OF LEE CO , .
Lee County, Florida , a•RIDA • g
By:• 4 .d ' .
Dep y Clerk By: ` � � � ��/�i
airman
Date: Q / ,.
ATTEST: ;.r, rC% •. i i”
By
R. H. Hackney, Jr., Clerk of OFFICE OF COUNTY ATTORNEY
Circuit Court and Ex-
Officio Clerk to the Board BOARD OF COUNTY COMMISSIONERS
of County Commissioners of OF SARASOTA COUNTY, FLORIDA
Sarasota County, F ride B j
By:
,e , 24 y: _ _ Ii.+a< .
_D Cie k C a; .an
Dare: L _AN
, a
. r
• Ch. 1 Pg.20 , .
•
I
1
i
1
:
Packet Page-81-