Agenda 01/08/2013 Item #10H 1/8/2013 Item 10.H.
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EXECUTIVE SUMMARY
Appointment of member to the Collier County Planning Commission
OBJECTIVE: To appoint 2 members to terms that will expire on October 1, 2016.
CONSIDERATIONS: The Collier County Planning Commission has 2 vacancies with terms
that expired on October 1, 2012. The vacancies are for representatives for District 2 and District
5. This 9 member committee assists in the formulation and review of the Comprehensive Land
Use Plan, Land Development Code, and amendments to both, and then submits their
recommendations to the Board for final decision. Members are required to file a Form 1,
Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years.
A list of the current membership is included in the backup.
The terms of Bradley W. Schiffer, District 2 and Mark Strain,District 5 expired October 1, 2012.
A press release was issued and resumes were received from the following interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV.COMM.
Bradley W. Schiffer District 2 2 Yes Collier County Planning
reappointment Commission, Affordable
Housing Advisory Committee.
Harold P.Kurzman District 2 2 Yes None
Mark P. Strain District 5 5 Yes Collier County Planning
reappointment Commission,
William Varian District 5 5 Yes D.S.A.C.
Robert L.Klucik,Jr- District 5 5 Yes None
Douglas L.Rankin District 5 _ 5 Yes None
ATTENDANCE: Attendance for reappointments is attached in the backup.
COMMITTEE RECOMMENDATION: Quasi-Judicial—no recommendation
LEGAL CONSIDERATIONS: These are District 2 and District 5 seats. The Planning
Commission ordinance provides that "Candidates for the Planning Commission must be
nominated by the Commissioner of the District in which the candidate resides for both initial and
subsequent terms.—JAI(
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners considers the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
PREPARED BY: Ian Mitchell, Executive Manager
Board of County Commissioners
AGENDA DATE: October 23,2012
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1/8/2013 Item 10.H.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.H.
Item Summary: Request for reconsideration by Commissioner Henning of Item 10C from
the October 23, 2012 BCC Meeting titled: Appointment of member to the Collier County
Planning Commission.
Meeting Date: 12/11/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
11/15/2012 11:14:36 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/15/2012 11:14:38 AM
Approved By
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 11/29/2012 9:11:36 AM
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1/8/2013 Item 10.H.
OFFICE OF THE COUNTY ATromY 0010"k
INTEROFFICE MEMORANbUM
TO: Commissioner Georgia Hiller, Chairwoman, District 2
Commissioner Tom Henning, Vice-Chairman, District 3
Commissioner Fred W. Coyle,District 4
Commissioner Donna Fiala, District 1
Commissioner Tim Nance, District 5
COPY TO: Leo Ochs, County Manager
FROM: Jeffrey A. Klatzkow, County Attorney
DATE: December 18, 2012
RE: Reconsideration of Planning Commission Appointment for District 5
During the Board's December 11th meeting, Commissioner Henning requested the
reconsideration of Item 10C from the October 23, 2012 meeting (Item 10P). Item 10C resulted
in the appointment of Douglas L. Rankin to the vacant District 5 Planning Commission seat
formerly held by Mark Strain. During the course of these discussions an issue was raised as to
whether the reconsideration of Mr. Rankin's appointment constitutes the removal of a planning
commissioner, which would require 4 votes.
For the reasons set forth below, it is my opinion that the narrow issue presented here is
not the removal of a sitting planning commissioner, but the reconsideration of his appointment to
the Collier County Planning Commission.
The Planning Commission Ordinance (Ord. 2009-29) provides in relevant part that "Any
member of the Planning Commission may be removed from office by a four-fifths vote of the
BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he
so requests in writing within 30 days of the date on which the vote is taken."
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1/8/2013 Item 10.H.
This provision is a codification of the County's 1967 Special Act (Sec. 5 of 1967-1246),
which provides in relevant part as follows:
"Terms of office, removal from office, vacancies. Terms of office of planning
commission members shall be for not less than two nor more than four years and not more than a
minority of such members'terms shall expire in any one year.
(1) Any member of a planning commission may be removed from office by four-fifths
vote of the full membership of the appointing governing body, but such member shall
be entitled to a public hearing and reconsideration of the vote if he so requests in
writing within 30 days of the date upon which the vote is taken."
Although ascertaining the legislative intent of this 1967 Special Act is nearly impossible,
it strikes me that the public purpose behind requiring a supermajority to remove a planning
commissioner is to afford planning commissioners some degree of insulation in their land use
decisions from political pressures. It also eases the ability of planning commissioners to make
difficult decisions they deem in the greater public interest in the face of opposition by a minority
whose personal private interests may be negatively impacted. None of these concerns are
implicated by a motion to reconsider Mr. Rankin's appointment.
Should the Board elect to remove Mr. Rankin, and appoint another in his place, the
question to be decided by the Board is not whether Mr. Rankin's actions or conduct on the
Planning Commission merits removal, but whether his initial appointment was the correct
decision. Accordingly, I see no merit in the contention that the reconsideration of a planning
commissioner appointment requires a supermajority vote.
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