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Agenda 07/07/2015 Item #17D7/7/2015 17.D. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance No. 2001 -55, as amended (the Advisory Board Ordinance), to eliminate the three year limitation on the duration of ad hoc committees. OBJECTIVE: That the Board of County Commissioners ('Board ") adopts the attached Ordinance amending Ordinance No. 2001 -55 (the Advisory Board Ordinance) for the purpose of eliminating the three year limitation on the duration of ad hoc and task force committees. CONSIDERATIONS: On June 9, 2015, under Agenda Item 16A11, the Board authorized the County Attorney to amend the Advisory Board Ordinance by removing the time limitations for ad hoc committees. The proposed amendment is as follows: "SECTION FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad -Hoc or Task Force Committee for a specific project, if the a � of r a eed three (?) years dufa�:c... The �rcrn— crcrrcccro cccc- avcJ-nQrcn .. �.. ...... ... resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee upon completion of the uroiect.within the s„°^ifi °a A copy of the Executive Summary for Agenda Item 16A11 is included as back -up. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney, was duly advertised, is approved as to form and legality and requires majority vote for approval. JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance amending Ordinance No 2001 -55, as amended, (the Advisory Board Ordinance) for the purpose of eliminating the three year limitation on the duration of ad hoc and task force committees. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Attachments: ]) Amendment; 2) Backup; and 3) Legal Ad [YY- 1562/1186735/1]3076 Packet Page -2740- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. 7/7/2015 17.D. Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2001- 55, as amended (the Advisory Board Ordinance), to eliminate the three year limitation on the duration of ad hoc committees Meeting Date: 7/7/2015 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 6/15/2015 12:12:11 PM Submitted by Title: Legal Assistant, CAO Office Administration Name: RodriguezWanda 6/15/2015 12:12:12 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:56:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 2:44:28 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/25/2015 1:06:51 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 4:01:44 PM Packet Page -2741- 7/7/2015 17.D. ORDINANCE NO. 2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55, AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FOUR, "EXEMPTION TO ORDINANCE REQUIREMENT: AD HOC COMMITTEES AND TASK FORCE COMMITTEES," TO REMOVE THE THREE YEAR LIMITATION FOR AD HOC COMMITTEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in keeping with its policy to promote economy, efficiency and improve service in the transaction of the public business by County Boards, the Board of County Commissioners, through adoption of Ordinance No. 2001 -55, established standards for creation and review of County boards; and WHEREAS, Ordinance 2001 -55 has been subsequently amended from time to time; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No. 2001 -55, specifically, Section Four entitled, 'Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees," to eliminate the three year limitation for ad hoc and task force committees and instead allow such committees to exist for the full duration of their stated purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2001 -55, AS AMENDED. Section Four is hereby amended to read as follows: SECTION FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad -Hoc or Task Force Committee for a specific project- . The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee upon completion of the project. opeeifieA year- fizem the date of adoption of the Gemmi#ee menibm by the Go i i [YY- 1562/1186733/113075 Words Underlined are added; Words S#u& 44magh are deleted. Packet Page -2742 - ragc 1 Vi 1 7/7/2015 17.D. SECTION TWO: CONFLICT AND SEVERABILITY. 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 the 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 THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. ADOPTED upon majority vote this 7f' day of July, 2015. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved Jeffrev A.WAt ko-w `aunty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN [YY- 1562/1186733/113075 Words Underlined are added; Words S#msibreagh are deleted. Packet Page -2743 - rQ.gvLVAL. 7/7/2015 17.D. 6/9/; -U t Z) i U./A. i I. EXECUTTVE SUMMARY Recommendation to approve a Resolution establishing the Grolvth Management Oversight Committee as provided for during the May 25, 2015 Board of County Commissioners public hearing, and direct the County Attorney to modify Ordinance 2001 -55 to remove the time limitation for ad hoc committees. OBJECTIVE: Staff is requesting that the Board of County Commissioners (BCC) create the Growth Management Oversight Committee in order to address high level goals associated with four planning study areas. CONSIDERATIONS: At the February 10, 2015 BCC public hearing, the BCC directed staff to initiate the restudy of the four sub area plans /master plans within the Growth Management Plan (GMP) east of County Road 951, with the first being the RFMUD. Since that direction, budget allocations have been provided to initiate the public planning process and staff is in the process of retaining the necessary personnel to perform the task. The BCC, at the May 25, 2015 public meeting, authorized the creation of a public committee, meeting quarterly as the plans mature, to assist in the public planning process. The Growth Management Oversight Committee, which will be appointed by the Board of County Commissioners, shall consist of 7 members, comprised of residents, property and business owners. Its purpose is to assist with public participation within the planning effort. Its focus will be high -level and non- granular, emphasizing consistency, sustainability and economic vitality. The attached Resolution will allow for the advertising to fill the seven seats that will comprise the Growth Management Oversight Committee. Staff' will provide the BCC with the list of applicants for appointment to the Committee at the conclusion of the application period as a future BCC public hearing agenda item. FISCAL IMPACT: The principal costs associated with the establishment of the Growth Management Oversight Committee will be those expenses incurred for placing advertisements in the newspaper for committee membership, vacancies and meetings. There will also be costs associated with the Growth Management Oversight Committee meetings relating to the preparation of meeting summaries. These costs will be paid from the Comprehensive Planning Section in the FY14 -15 approved budget and subsequent budgets. The Comprehensive Planning Section and other departments and divisions will also provide staff liaison and support as various issues come before the Committee. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Staff-s recommendation is to establish an ad hoc committee, which would meet for an estimated 4 -5 years. The Board's current advisory Board Ordinance requires that the duration for an ad hoc committee not exceed 3 years. To effectuate this recommendation. the County . Attorney. recommends that the Advisory Board Ordinance be amended as follows: . r "Exemption to ordinance requirements: Ad hoc committees and task force committees. The commission may, by resolution, appoint an ad hoc or task force committee for a specific project, if _ e W . The resolution must set forth the duties and responsibilities of the committee and contain language that automatically dissolves the committee upon completion of the project withi 44we speeified _ _ ee nienibers by the eefamissieii." (Ord. No. 01 -55, § 4, 10- 23 -01) P,,L, -+ Do _r-An- Packet Page -2744- 7/7/2015 17.D. 6 /91 cu i0 io.n. 1 +. This amendment would give the Board greater flexibility in establishing ad hoc committees in the future. as the resolution creating a particular committee could on Board direction contain a sunset clause. Alternatively. the Growth Management Oversight Committee can be established by Ordinance. With that noted, this item is approved as to form and legality and requires majority vote for approval. -3AK GROMITH MANAGEMENT IMPACT: The establishment of this oversight committee and its advancements the public planning process will lead to amendments to the Growth Management Plan. Those amendments identified will be required to satisfy the GMP amendment procedural due process established by Florida Statutes. RECOMMENDATION: That the Board of County Commissioners approves the Resolution establishing the Growth Management Oversight Committee for the duration of the public planning process, which exceeds the limits expressed in Ordinance 2001 -55, and direct the County Attorney to modify Ordinance 2001 -55 to remove the time limitation for ad hoc committees. Prepared by: Kris Van Lengen, AICP, Community Planning Manager, Planning and Zoning Division, Growth Management Department Attachment: Resolution to create the Growth Management Oversight Committee D-, ri,-+ D,- _CA I Packet Page -2745- 7/7/2015 17.D. 22D ))Wednesday, June 24, 2015 )) N A P L E S D A I LY NEWS NOTICE OF HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001 -55, AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FOUR, "EXEMPTION TO ORDINANCE REQUIREMENT: AD HOC COMMITTEES AND TASK FORCE COMMITTEES," TO REMOVE THE THREE YEAR LIMITATION FOR AD HOC COMMITTEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered y the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TINT NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) JunP74.2015 No. 2060193 Packet Page -2746-