Agenda 07/09/2013 Item #17E 7/9/2013 17.E.
EXECUTIVE SUMMARY
Recommendation that the Board enact the proposed Ordinance Amendments for the purpose of
effectively merging the Environmental Advisory Council (EAC) into the Collier County Planning
Commission (CCPC), and reducing the membership of the CCPC from 9 to 7 members, with 2
members being at-large environmental members.
OBJECTIVE: To merge the EAC into the CCPC and thereby increase efficiencies of operations.
CONSIDERATIONS: : On May 14, 2013, under agenda item 10F, the BCC provided a directive to
abolish the EAC and amend the Collier County Planning Commission Ordinance to (1) absorb the
responsibilities of the EAC; and (2) change the membership composition of the Collier County Planning
Commission from 9 members to 7, with a single member from each Commission District, plus two at-
large members. A copy of that Executive Summary and Board discussion is attached.
At its meeting on June 25th, the Board directing the County Attorney to advertise both Ordinances, with
no changes to the proposed EAC Ordinance and several changes to the proposed CCPC Ordinance. A
copy of that Executive Summary and back-up is included as well. The proposed changes to the CCPC
Ordinance are as follows:
SECTION ONE:
(1) Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the following
powers and duties:
K. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009-32, as amended from time to time.
Discussion: This proposed change was approved by the Board at its prior meeting.
**********
(2) Membership.
A. Oualificatians.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. With respect to the five County Commission District members, Aalthough 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 Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
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professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.
3. The two at-large environmental members are expected to provide the Planning
Commission with technical expertise on environmental matters, and shall
demonstrate evidence of expertise in 1 or more of the following areas related to
environmental protection and natural resources management: air quality, biology
(including any of the subdisciplines 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, water resources, wildlife management, or other
representative area deemed appropriate by the BCC, with a Board preference for
one of these members with an expertise in biology and/or wildlife management,
and the other with an expertise in water and/or hydrology.
Discussion: The Board requested that the one of the environmental members should have an
expertise in biology and/or wildlife management, and the other in water and/or hydrology. To
give the Board flexibility should such a qualified candidate not be available to serve, as general
language I utilized the same qualifications as currently in the EAC ordinance.
**********
B. Appointment. The Planning Commission shall be composed of 7-9 members to be
appointed by the BCC, together with the representative of the school district. Of these seven
members, there shall be one member from each of the five County Commission Districts, and
two at-large environmental members. Planning Commission Candidates for the five County
Commission District seats Planning Commission must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and receive a simple
majority vote of the Board of County Commissioners. The two at large members can be
nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment
or reappointment.
.... '._. .- _ ..
geographical distribution of membership:
_ . .. .• • •
(2) Two members: County Commission District No. 1.
.
(11) Two members: County Commission District No. 3.
(5) Two members: County Commission District No. 5 (one from Immokalee).
(6) One member: Appointed by the school district.
Discussion: At Board direction, the membership is being reduced from 9 to 7 members. 5 of the
members will continue to be essentially individual Commissioner appointments (with Board
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majority approval) from their respective District. The remaining 2 will be at large environmental
appointments, requiring a 4/5ths vote.
**********
After reviewing the current membership and terms of the CCPC, I am concerned that the
changes to this ordinance may eventually lead to appointments which run afoul of the staggered
term requirement of the 1967 Special Act (which created the Planning Commission in Collier
County). Accordingly, I am also proposing the following additional amendment to the CCPC
Ordinance also be made to incorporate the language of the Special Act:•C. Term. - • --- - --- - . :..•- - . . . - - . A . . -. -
. - . -- . . 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. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office. No meetings of
a Planning Commission shall be held when the membership is less than five.
Discussion: The Board in September will have an Executive Summary to reconstitute the
Planning Commission in accordance with this ordinance. This language will give the Board the
most flexibility for this process. For example, the Board could elect to give each of the Planning
Commissioners identical terms, or have two categories of terms between the five Commission
seats and the two environmental members. Since it takes a 415th vote to remove a Planning
Commissioner, the Board may want to take a wait and see approach before directing a more
restrictive change to the ordinance (as currently exists). A copy of the CCPC membership with
terms is attached.
**********
Lastly, since the Board is reducing the member ship from 9 to 7, I have modified the
quorum and approval provision from 5 to 4.
(3) Quorum and Voting.
The presence of 45. or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 45 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
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As stated in my prior Executive Summary to the Board, I have put an effective date to both
Ordinances of October 1, 2013. The purpose of the delayed effective date is to allow staff to
advertise for the new CCPC membership positions which would then allow the Board to
reconstitute the CCPC in September. Both the CCPC and the EAC will continue to exist in its
present form until October 1, 2013.
Please note that I have combined both ordinances into single Executive Summary, as the changes
are inextricably intertwined.
GROWTH MANAGEMENT IMPACT: There is no growth management impacts associated
with this item.
FISCAL IMPACT: Consolidating these two boards will result in the County experiencing a
savings in staff time and costs and will create a more efficient operation.
LEGAL CONSIDERATIONS: The EAC is not required by State Law, and as such its
continued existence is at the pleasure of the Board. The first ordinance amendment is to the
EAC ordinance. The amendment preserves the functionality of the EAC, but designates the
CCPC to sit as the EAC. The purpose of preserving the functionality portion of the EAC
Ordinance is to avoid massive changes to both the Comprehensive Growth Management Plan
and the LDC. It was also structured this way to allow the BCC to later change its mind, and
reconstitute the EAC as a separate body by simple ordinance amendment, without having to
change either the GMP or the LDC. The second ordinance amendment is to empower the CCPC
to sit as the EAC, and to reconstitute its membership in accordance with Board direction. With •
all that said, the proposed ordinance amendments are approved as to form and legality, and
require majority vote for approval. Both proposed amendments are contingent upon one another.
RECOMMENDATION: That the Board enacts the proposed two ordinance amendments
which would effectively merge the EAC into the CCPC.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise two ordinances which would
effectively merge the Environmental Advisory Council (EAC) into the Collier County
Planning Commission (CCPC).
OBJECTIVE: To merge the EAC into the CCPC and thereby increase efficiencies of
operations.
CONSIDERATIONS: On May 14, 2013, under agenda item 10F,the BCC provided a directive
to abolish the EAC and amend the Collier County Planning Commission Ordinance to (1) absorb
the responsibilities of the EAC; and (2) change the membership composition of the Collier
County Planning Commission from 9 members to 7, with a single member from each
Commission District, plus two at-large members. A copy of that Executive Summary and Board
discussion is attached.
This directive and draft Ordinances to modify each advisory board as such was presented to the
EAC on June 5th and the CCPC on June 6th for public discussion and recommendation from each.
Below is the recommendation of each board, as provided by staff:
EAC—Recommendation from the 6-5-13 Public Hearing
1. If it is determined the Environmental Advisory Council should continue to function, their
role is expanded to allow for a more comprehensive environmental review of land development
applications.
2. If it is determined the Environmental Advisory Council should be consolidated with the
Collier County Planning Commission, the following is recommended:
a) The membership be balanced with adequate environmental representation (i.e., if the CCPC
is comprised of 7 members, 3 members be environmentally qualified; if it is comprised of 9
members, 4 members be environmentally qualified).
b) The minimum qualifications for an environmental member are expertise in surface/ground
water quality and threatened/endangered species as well as knowledge of other environmental
agency's regulations.
c) The CCPC have a strong focus on implementing the Watershed Management Plan.
d) The purpose of the consolidation should not be to "speed up development, " but to
protect the environment and the County's natural resources and look at projects
comprehensively.
e) Adequate Staff be dedicated to perform an environmental review of land development
applications and made available to provide input at any CCPC hearings.
j) Any CCPC Staff reports prepared for land development applications should contain
a section dedicated to environmental review
g) Require any cases heard by the Hearing Examiner to be reviewed by County
Environmental Staff with input at the hearing as necessary.
h) Any proposals for consolidation of the two bodies are vetted by the EAC.
The motion carried unanimously 5—0.
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CCPC Recommendation from the 6-6-13 Public Hearing
That the CCPC membership be comprised of nine members, with one representative from each
Commission District, one member from the Immokalee Urbanized area and three at large
members with appropriate environmental qualifications.
The motion carried unanimously 5 -0
GROWTH MANAGEMENT IMPACT: There is no growth management impacts associated
with this item.
FISCAL IMPACT: Consolidating these two boards will result in the County experiencing a
savings in staff time and costs and will create a more efficient operation. The approximate cost
to advertise the two ordinances is $350.00.
LEGAL CONSIDERATIONS: The EAC is not required by State Law, and as such its
continued existence is at the pleasure of the Board.
The County Attorney prepared the proposed two ordinance amendments. The first ordinance
amendment is to the EAC ordinance. The amendment preserves the functionality of the EAC,
but designates the CCPC to sit as the EAC. The purpose of preserving the functionality portion
of the EAC Ordinance was to avoid massive changes to both the Comprehensive Growth
Management Plan and the LDC. It was also structured this way to allow the BCC to later change
its mind, and reconstitute the EAC as a separate body by simple ordinance amendment, without ,
having to change either the GMP or the LDC.
The second proposed ordinance amendment is to the CCPC ordinance. The amended ordinance
specifically authorizes the CCPC "To sit as the County's Environmental Advisory Council and
exercise all powers and duties under Ordinance 2009-32, as amended from time to time." The
proposed amendment also reflects the Planning Commission's recommendation to change its
membership as follows:
Appointment. The Planning Commission shall be composed of 9 members to be appointed
by the BCC. Of these nine members, there shall be one member from each of the five
County Commission Districts, one member from the Immokalee Urbanized Area, and three
at-large environmental members. Planning Commission Candidates for the five County
Commission District seats must be nominated by the Commissioner
of the District in which the candidate resides for both initial and subsequent terms. The
three at-large environmental members are expected to provide the Planning Commission
with technical expertise on environmental matters, and shall demonstrate evidence of
expertise in 1 or more of the following areas related to environmental protection and
natural resources management: air quality, biology (including any of the subdiscplines
such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous
waste, hvdrogeologv, hydrology, hydraulics, land use law, land use planning, pollution
control, solid waste, stormwater management, water resources, wildlife management, or
other representative area deemed appropriate by the BCC.
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The language regarding the qualifications of the environmental members was cut-and-pasted
from the requirements for the technical members set forth in the current EAC Ordinance.
The proposed amendments were made to the Municode version of the ordinances. If directed to
advertise,the County Attorney will convert these into the Board's standard ordinance format.
With all that said, the proposed ordinance amendments are approved as to form and legality, and
require majority vote for approval. Should the Board approve this item, when it is advertised and
brought back it will be with the recommendation that the effective date be October 1, 2013. The
purpose of the delayed effective date would be to allow staff to advertise for the new CCPC
membership positions which would then allow the Board to reconstitute the CCPC in September.
RECOMMENDATION: That the Board directs the County Attorney to advertise the proposed
two ordinance amendments which would effectively merge the EAC into the CCPC.
Prepared By: Jeffrey A. Klatzkow,County Attorney
Attachments: Proposed amendment to EAC Ordinance
Proposed Amendment to CCPC Ordinance
Executive Summary—Item 10-F—5/14/13 BCC Meeting
Minutes- Item 10-F of the 5/14/13 BCC Meeting
5/20/13 Email
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EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to bring back to the Board for its future
consideration an ordinance abolishing the Environmental Advisory Council, together with
an ordinance amending the Collier County Planning Commission Ordinance to (1) absorb
the responsibilities of the EAC; and (2) change the membership composition of the Collier
County Planning Commission from 9 members to 7, with a single member from each
Commission District,plus two at-large members.
OBJECTIVE: To reduce staff time and costs spent on land use matters by designating one
board to oversee and make land use recommendations to the Board of County Commissioners.
CONSIDERATIONS: There are currently two boards which review land use applications and
make recommendations to the Board of County Commissioners. They are the Environmental
Advisory Council (the "EAC") and the Collier County Planning Commission (the "CCPC").
The EAC is not required by Florida law. The CCPC, as the County's designated local planning
agency, is so required.
Consolidating these two boards will reduce County staff time spent preparing presentations and
answering the same questions before two advisory boards and will therefore permit staff to
operate more efficiently. The result is a quicker land use application process for the Board of
County Commissioners to the benefit of our constituents.
Currently,the CCPC includes two representatives from Commissioner Districts 1, 2, 3 and 5 and
one representative from District 4. Modifying the CCPC representative requirements to one
member in each of the five Commission districts plus two at-large members will create a more
inclusive membership.
FISCAL IMPACT: Consolidating these two boards will result in the County experiencing a
savings in staff time and costs and will create a more efficient operation.
LEGAL CONSIDERATIONS: The EAC is not required by State Law, and as such its
continued existence is at the pleasure of the Board. If the Board elects to abolish the EAC, the
County Attorney will prepare a draft ordinance for the Board to consider repealing the EAC
Ordinance (Ord. 09-32, as amended), as well as a draft CCPC Ordinance amendment which will
at the very least fold the EAC's current duties into the CCPC, as well as incorporating any other
direction by the Board. This item has been reviewed by the County Attorney, is legally
sufficient,and requires majority support for approval. -JAK.
RECOMMENDATION: That the Board of County Commissioners directs the County
Attorney to bring forth for consideration an Ordinance abolishing the Environmental Advisory
Council, and simultaneously present an amended CCPC Ordinance to absorb the EAC's
responsibilities and to modify the membership of the CCPC to be one representative per
Commissioner District plus two at-large members.
Prepared by: Commissioner Tom Henning,District 3
Parkot P2OP-1lAR-
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
Item Summary: Recommendation that the Board enact the proposed Ordinance
Amendments for the purpose of effectively merging the Environmental Advisory Council (EAC)
into the Collier County Planning Commission (CCPC), and reducing the membership of the CCPC
from 9 to 7 members, with 2 members being at-large environmental members.
Meeting Date: 7/9/2013
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary,County Attorney
7/1/2013 3:10:36 PM
Approved By
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs.CMO
Date: 7/1/2013 3:45:59 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/2/2013 11:50:17 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 7/2/2013 12:08:27 PM
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32,
AS AMENDED, THE COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL ORDINANCE, BY AMENDING SECTION ONE
(MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY PLANNING
COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL;
AND DELETING PROVISIONS RELATING TO QUORUM AND
VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS,
AND EVALUATION OF THE EAC; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009-32, which relocated and readopted the Environmental Advisory Council
Ordinance in its entirety as a stand-alone ordinance in the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2009-32, through its
adoption of Ordinance No. 2009-36 and Ordinance No. 2010-37; and oak
WHEREAS, the Board wishes to further amend Ordinance No. 2009-32, as amended, in
order to preserve the functionality of the Environmental Advisory Council but designate the
Collier County Planning Commission to sit as the Environmental Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-32,
AS AMENDED.
Section One is hereby amended as follows:
(1) Establishment.
There is hereby established an Environmental Advisory Council ("EAC"). The EAC
obtains its jurisdiction,powers, and limits of authority from the BCC and shall act in an advisory
capacity to the BCC in matters dealing with the regulation, control, management, use, or
exploitation of any or all natural resources of or within the County, and the review and
evaluation of specific zoning and development petitions and their impact on those resources.
Words Underlined are added;Words Struck eegh are deleted.
D,.,.e 1 ,.F
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(2) Purpose.
The EAC will function to:
A. Advise on the preservation, conservation, protection, management, and beneficial use of
the physical and biological natural resources (atmospheric,terrestrial, aquatic, and hydrologic) of
the County in regard to the safety, health, and general well-being of the public;
B. Advise and assist the County staff and the BCC toward developing the purpose, intent,
and criteria of all County ordinances, policies, programs, and other initiatives dealing with
natural resources;
C. Provide written and oral reports directly to the BCC regarding recommendations on
matters dealing with the protection of natural resources; and
D. 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 that are directed to the EAC by County staff, the BCC, or the provisions of
the LDC.
(3) Powers and Duties.
The powers and duties of the EAC are as follows:
A. Identify, study, evaluate, and provide technical recommendations to the BCC on
programs necessary for the conservation, management, and protection of air, land, and water
resources and environmental quality in the County;
B. Advise the BCC in establishing goals and objectives for the County's environmental
conservation and management programs;
C. Advise the BCC in developing and revising, as appropriate, local rules, ordinances,
regulations, programs, and other initiatives addressing the use, conservation, and preservation of
the County's natural resources;
D. Advise the BCC in the implementation and development of the GMP regarding
environmental and natural resource issues;
E. Advise the BCC in identifying and recommending solutions to existing and future
environmental issues;
F. Serve as the technical advisory committee to advise and assist the County in the activities
involved in the development and implementation of the County environmental resources
management program as stated in the Collier County GMP;
G. Implement the water policy pursuant to the LDC;
H. Provide an opportunity for public comment on environmental issues, ordinances and
programs;
I. Implement the provisions of the Conservation and Coastal Management Element of the
Collier County GMP during the review process for development petitions and/or plans;
J. Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the BCC which deal with the conservation, management, and protection of air, land, water,
and natural resources and environmental quality in the County;
Words Underlined are added;Words Struck Tilreugh are deleted.
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K. Provide an appellate 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 BCC consideration;
L. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on undeveloped coastal barriers or in the Area of Critical State
Concern/Special Treatment (ACSC/ST) zoning overlay shall be reviewed and a recommendation
shall be made for approval, approval with conditions or denial by the EAC. If the applicant
chooses not to utilize the optional preliminary subdivision plat process, the review and approval
will occur at the time of either the final plat and construction plans or the final plat.
M. Scope of land development project reviews. The EAC shall review the following:
1. Any PUD that requests a deviation from environmental standards of the LDC or
any development order that requests a deviation from the provisions identified in
GMP CCME Policy 6.1.1 (13).
2. Any petition for which environmental issues cannot be resolved between the
applicant and staff, and which is requested by either party to be heard by the
EAC.
3. Any petition which requires a hearing by the Collier County Planning
Commission (CCPC) or the Board of County Commissioners (BCC), and by vote
of CCPC or BCC requires the petition to be reviewed by the EAC.
4. Conditional Use (CU) petitions for commercial excavations which are not part of
an approved subdivision.
5. Any CU or rezone for the following:
a. Undeveloped Coastal Barriers;
b. Area of Critical State Concern/Special Treatment (ACSC/ST) zoning
overlay, unless an exception or exemption pursuant to section 4.02.14
LDC is granted;
c. RFMU District Sending Lands;
d. Coastal High Hazard Area where shoreline alteration or direct impacts to
mangroves (excluding mangrove trimming) is proposed;
e. Development with impacts to 500 or more acres of native vegetation
(excluding impacts for environmental restoration).
6. Any CU or rezone where the following listed or protected species have been
identified on-site within the last 5 years:
a. Active bald eagle nests or their nest protection zones;
b. Scrub jay;
c. Nesting crested caracara;
d. Red-cockaded woodpecker(RCW) or active RCW cavity trees;
e. Listed wading bird rookeries;
f. Burrowing owls
N. Any petitioner may request a waiver of the EAC hearing requirement for amendments to
CU or rezones, where no further impacts or changes in location to previously approved preserves
or areas of retained native vegetation are proposed, and no additional species in accordance with
subsection (m)(6), (above) are identified on-site.
0. The surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt from review by
the EAC.
Words Underlined are added;Words S isk-Threugh are deleted.
' Uonn't of F.
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(4) Membership.
The Board of County Commissioners hereby designates the Collier County Planning
Commission as its local planning agency to sit as its Environmental Advisory Council.
- • - - -. .
. . ..- -
B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general
Cy-eeueese:
• - -- -.. •. . . - , - ... - . . , ..••.. . . . .• -, - . _ .•
appropriate by the BCC.
D. Removal. Any member of the EAC may be removed from office by a majority vote of the
BCC.
- -.
_.. -
- • . • -. -
chairman. In case of removal, resignation, or death of the chairman, the vice chairman shall
(5) Quorum and_Veting.
A simple majority of the appointed members of the EAC shall constitute a
Words Underlined are added;Words Sough are deleted.
Anna d of
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Apft
(6) Rules of Procedure•
- .. _ . . .. -- .. . . --. . - . . . •- _ _ , . . . ,
determinations.
1. Growth management. The EAC may establish other subcommittees comprised
-- .
.... - - _.. -- - -- - -- I 1
-
•-- 11 1/ _ _ _
the m mbersh
The EAC shall be reviewed for major accomplishments and whether-it is serving
- - e
(10) Appeal.
A. Any person aggrieved by the decision of the County Manager or his designee
regarding any petition for which environmental issues cannot be resolved between the
applicant and staff in which there is no other avenue of appeal may file a written request
for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify
the aggrieved person and the County Manager or his designee of the date, time and place
that such appeal shall be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement. The appeal will be heard by the EAC
within 60 days of the submission of the appeal. No less than 10 days prior to the hearing
the aggrieved person and staff shall submit to the EAC and to the County Manager or his
Words Underlined are added;Words StruelE--Threagh Through are deleted.
Pqc G nf�
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designee copies of the data and information they intend to use in the appeal, and will also
simultaneously exchange such data and information with each other. Upon conclusion of
the hearing the EAC will submit to the Board of County Commissioners 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 or his designee in light of the recommendations of the EAC.
* * * * * * *
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 be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A.HILLER, ESQ.
CHAIRWOMAN
A;'.ro ,T ... o form and legality:
VAN
Jef ey •.e latzkow
Co •ttorney
Words Underlined are added;Words due eugh are deleted.
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ORDINANCE NO.2013-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29,
AS AMENDED, THE COLLIER COUNTY PLANNING COMMISSION
ORDINANCE, BY AMENDING SECTION ONE (1) (POWERS AND
DUTIES) TO HAVE THE PLANNING COMMISSION ACT AS THE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL; BY
AMENDING SECTION ONE (2) (MEMBERSHIP) BY CHANGING THE
MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE PLANNING
COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND
TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009-29, which relocated and readopted the Planning Commission Ordinance in
its entirety as a stand-alone ordinance in the Collier County Code of Laws and Ordinances; and
WHEREAS, the Board amended Ordinance No. 2009-29, through its adoption of
Ordinance No. 2009-35, which 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; and
WHEREAS, the Board wishes to further amend Ordinance No. 2009-29, as amended, in
order for the Planning Commission to absorb the responsibilities of the Collier County
Environmental Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-29,
AS AMENDED.
Section One is hereby amended as follows:
SECTION ONE:
(1) Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the following
powers and duties: ._,..
Words Underlined are added;Words Struck ough are deleted.
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A. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
I. To perform those functions, powers and duties of the Planning Commission 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; and
J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
K. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009-32, as amended from time to time.
(2) Membership.
A. Qualifications.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. With respect to the five County Commission District members, Aalthough 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 Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.
Words Underlined are added;Wordssk-Trough are deleted.
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3. The two at-large environmental members are expected to provide the Planning
Commission with technical expertise on environmental matters, and shall
demonstrate evidence of expertise in 1 or more of the following areas related to
environmental protection and natural resources management: air quality, biology
(including any of the subdisciplines 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, water resources, wildlife management, or other
representative area deemed appropriate by the BCC, with a Board preference for
one of these members with an expertise in biology and/or wildlife management,
and the other with an expertise in water and/or hydrology.
34. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
45. A representative of the school district, appointed by the school board, shall serve
as a non-voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 79 members to be
appointed by the BCC, together with the representative of the school district. Of these seven
members, there shall be one member from each of the five County Commission Districts, and
two at-large environmental members. Planning Commission Candidates for the five County
Commission District seats must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and receive a simple
majority vote of the Board of County Commissioners. The two at large members can be
nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment
or reappointment.
e - -
(2)Two members: County Commission District No. 1.
(3)Two members: County Commission District No. 2.
(1)Two members: County Commission District No. 3.
(6) One member: Appointed by the school district.
Words Underlined are added; Words Struck T rough are deleted.
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C. Term. - . - . ...•- _ - _•-
• - - - - - - - - - - - • . 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. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office. No meetings of
a Planning Commission shall be held when the membership is less than five.
D. Removal from office.
1. 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.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
E. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting.
The presence of 46 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 4-5 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
* * * * * * *
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
Words Underlined are added;Words&mek—Tliceugh are deleted.
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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 be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County,Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
App i:to form and legality:
Jeffre A latzkow
Count • orney
Words Underlined are added;Words Stmek-Thfough are deleted.
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MR. CASALANGUIDA: -- and just let him know what's going
on.
CHAIRWOMAN HILLER: I don't think it's appropriate to make
a motion with respect to this issue right now. I think more rese• h
needs to be done and a determination needs to be made if it eve
to be done. So I don't -- I wouldn't think it's appropriate to
motion. I don't think there's scrambling or unscrambling I
required at this time.
MR. KLATZKOW: At the very least I concur .'.i .
CHAIRWOMAN HILLER: Yeah. Well, at • .Trp least I
concur with Nick too.
MR. CASALANGUIDA: Very good. I' - at action CHAIRWOMAN HILLER: Thank Ll u.
MR. CASALANGUIDA: -- and ; ,= � from there.
CHAIRWOMAN HILLER: . ` • ' .
Commissioner Coyle -- Co ' ;. • •er Henning, were you done?
COMMISSIONER HE 'm done, thank you.
CHAIRWOMAN HIL i ommissioner Henning (sic)?
COMMISSIO 4v-4_ . : I'm done too.
CHAIRWOMAN + ER: So this item is concluded. Thank
you for being here totpty.
UNIDE $ D MEMBERS OF THE AUDIENCE: Thank
you Th• ,:•o .
(Ap- .)
•\t' •MAN HILLER: Next item, Commissioner -- I'm
`a : y Manager? 10.F?
Ite a OF
DIRECT THE COUNTY ATTORNEY TO BRING BACK TO THE
BOARD FOR ITS FUTURE CONSIDERATION AN ORDINANCE
ABOLISHING THE ENVIRONMENTAL ADVISORY COUNCIL,
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TOGETHER WITH AN ORDINANCE AMENDING THE
COLLIER COUNTY PLANNING COMMISSION ORDINANCE
TO (1) ABSORB THE RESPONSIBILITIES OF THE EAC; AND
(2) CHANGE THE MEMBERSHIP COMPOSITION OF THE
COLLIER COUNTY PLANNING COMMISSION FROM 9
�
MEMBERS TO 7, WITH A SINGLE MEMBER FROM EA' '
COMMISSION DISTRICT, PLUS TWO AT-LARGE 1:T - S -
DIRECTION TO STAFF AND THE COUNTY ATTO', 4.1) 'S
OFFICE TO EVALUATE HOW TO ELIMINATE w i C AND
CONSOLIDATE IT INTO THE PLANNING C•.,.4ai1. ION
CONFIGURING THE NUMEROSITY AS I r
+ , THE
BACKGROUND OF THE MEMBERS CROP' .-, THE BEST
POSSIBLE COMMISSION FOR THE el" — APPROVED
MR. OCHS: Yes, ma'am. 14. a endation to direct the
County Attorney to bring back to a d for its future consideration
At.
an ordinance abolishing the E , . .711,1 ental Advisory Council,
together with an ordinance .40.- A • g the Collier County Planning
Commission ordinanc- ` .. -r one, absorb the responsibility of
the EAC; and number t k to change the membership composition of
the Collier Coun Planning Commission from nine members to
seven, with a ' le member from each commission district plus two
at large me _ ;, s. is item was brought forward by Commissioner
Henning
s
44, .,':' _ *MAN HILLER: Commissioner Henning?
: SSIONER HENNING: Actually, I think Nicole Ryan
r, :oing to speak on this She has even a better idea than this
ite-4,
CHAIRWOMAN HILLER: Go ahead, Nicole.
Are there any other public speakers?
MR. MILLER: Yes, Madam Chair, we have four total. Nicole is
first.
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CHAIRWOMAN HILLER: Who are the four?
MR. MILLER: Nicole Johnson, Brad Cornell, Bob Krasowski
and Marcia Cravens.
CHAIRWOMAN HILLER: All right, Brad and Marcia are of
here, so there's only Bob. Go ahead.
MS. JOHNSON: Good afternoon, Commissioners. For
record, Nicole Johnson here on behalf of The Conservanc
And since 1991 the county has had an environmen t •= isory
board giving you technical, impartial, objective feed' n• only on
development projects but also proactively on how_ protect
natural resources in Collier County.
It was the Environmental Policy TechnicNP ory Board in
1991 and then it transitioned to the EAC 99 ` .
And certainly having that functio a • tti dvisory board with
experts on it to give feedback to a 1: something that's very
important, perhaps now more th. - • -cause of the additional
home rule that the most recent .s,,_ !' Management Act changes have
given to the county.
When I initially s. 4. . enda item the knee jerk reaction was
oh, no, we can't do that. t in looking at it a little bit more, I think
that there's some mer} in taking a look at how best to really wrap in
the environme 1 review and see if there can be some coordination
with the P1• _ I ommission.
As - ' .•w, the environment is so tied to quality of
envir•_� - I ality of life, that we have to have all of those
func ; ...*, t together.
1 . issue really becomes how do we take the responsibilities of
th 'C and mesh that in with the responsibilities of the Planning
Commission and have both of those bodies really function as one unit.
And one of the things that I would ask you to consider is first of
all those two at large positions. You need to have some positions that
are designated for technical environmental folks. So taking a look at
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having that designated.
And I would also ask that you take a look at this concept of
shrinking down the size of the Planning Commission. They're going
to be taking on additional roles, responsibilities with the enviro ent.
This might not be the time to shrink it from nine to seven.
The Conservancy would ask that staff study this, get so
from the community, bring that back, is seven the right n as - -,1
should it maybe be nine; how do we make sure that we'cll osing
that natural resources component of it.
And then once it's brought back with input, t ove to
ordinance. So it's one more step, but it's real , • , so we would
ask that you consider that.
CHAIRWOMAN HILLER: I'm goi a to e a motion to that
effect, that we direct staff to -- and ac #d the County Attorney's
Office to evaluate how we can eli a r� - • AC, consolidate it into
the Planning Commission and the Zs,'•e what the appropriate
configuration in terms of num!- !!Ri erosity, as well as background
of commission members w. .q : o create the best possible Planning
Commission for the co tit
COMMISSIONER =a • A: I'll second the motion.
CHAIRWOMANi HILLER: Thank you.
MR. R: Your next speaker is Bob Krasowski.
MR. rt+ SKI: Good afternoon, Commissioners. For the
record, ; D asowski.
I. '=+ erent tact on this. I think the Planning Commission
does ir. ►_ood job, but they are fairly much limited to development
e Environmental Advisory Council, while on the one hand it
does develop and contribute to discussions along the environment, it's
very restricted and limited and always has been. Like the
Environmental Advisory Council had no role to play in the beach
renourishment scenario that we just went through and still is coming
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up. I would think that maybe you could take the Environmental
Advisory Council, they're somewhat technical and professional in
environmental issues, I believe, I'm not familiar with all the
sso
background, but to raise them up a bit with being a more technic 1 and
,(
more professionally orientated -- blend them with the Coastal
Advisory Commission. Because the Coastal Advisory Co 4
should be very sensitive to the environmental aspects, whi
really have not shown themselves to be. I was wishing • 414i ere
earlier when you were discussing some appointmen ' • • ' m sure
you made the right choices, but I would love to s- - • ime maybe I
would have suggested that if you reappointe .; • : •int it for a
short period of time.
And at some point in time, I've hear• . m tioned by you today
and before, that maybe you should do of your advisory
council. Things change all the t' R c • . kind of come to terms
with what your expectations are, • the needs are, what
information do we have to pro• '' a review, and then funnel into
you and how that serves yo A;;-. . d then what groups, because you
have -- I think you hav,-4410,' . • . •visory councils or something like
that. I mean, you have a t. So maybe we have to blend some.
But I think if yopput e Environmental Advisory Council in
with the Pl. ! Council, whoever has the strongest representation,
which wou ,' • .o' `: sly be planning, they'll run the whole shown. So
you ne- • e' , o separated and a more substantial, stronger
enviro.t ; '=nalysis, as well as planning. Planning is the best
you' IA.
• . at's my two cents, and I hope you'll consider it at some point
in PT ture. I must have been up here for like six minutes. What's
going on?
MR. MILLER: Thirty-seven seconds left, sir.
MR. KRASOWSKI: Wow, gee, time's stretching out.
CHAIRWOMAN HILLER: Time flies when you're having fun.
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Commissioner Fiala?
MR. KRASOWSKI: Yes. Well, I'd just like to end --
CHAIRWOMAN HILLER: Okay, sorry, I thought you -- go
ahead.
MR. KRASOWSKI: Well, I just hope that, you know, yo ly
pursue your analysis of what the -- the council you have --
CHAIRWOMAN HILLER: Thank you, Bob.
MR. KRASOWSKI: -- and blend them. Thanks a4'_
CHAIRWOMAN HILLER: Thanks.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. First ? . lb • that idea of
letting staff work on this just a little bit more. ' • that's good. And
that was one of my notes, by the way.
Another one of my notes is if the ,IV":oing to have just five
commission districts represented • •_ e ,. at large and yet we're
abolishing the EAC. And I agree cole, I was saying we should
AoReF
have at least one environmen . , , ° on there, if not, two, at the at
large. `And if it's only one, • y. should have an urban planning
man or person or back!=%`• •. rson on there. I felt that that would be
a good one.
And then we sh ,tld probably have some kind of requirements or
qualifications. we're pairing this down, we can't just take anybody
that's a fav•. -' - have to be really careful of who we put on there,
because _ �.`"ng to be very short. But luckily we're going to be
takin! . , R ` •k at it.
' ;'.k< e're going to have two at large and they don't take the
s; -g- ' `_4 n of, say, an environmental expert or urban planning expert,
m• ' •r; we should require that to have a super majority vote rather than
a majority vote when we vote in two at large.
And finally, when you're studying this, maybe you can tell us if
you decide that's what you want to do is five people plus two, when do
we advise the extra people that we have on there right now that they're
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no longer a volunteer? So those are all things --
CHAIRWOMAN HILLER: Those are good ideas. Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I don't know if I made -- d'd I
say Nicole Ryan? I said that? Maybe you should wear name to
MS. JOHNSON: That's okay, I answer to both.
CHAIRWOMAN HILLER: I get conditioned and I' 4.
COMMISSIONER HENNING: And anyways, w %.as going
to say is it isn't what we agreed on, Nicole, but I and • here
you're coming from. I just -- it just was a surprise
CHAIRWOMAN HILLER: You shout•r 4't At en the
preamble that was so rosy and glowing --
COMMISSIONER HENNING: I fo t :t females can always
change their mind.
CHAIRWOMAN HILLER: • i `' is that interrogation
technique that, you know, crimin• igators use. You have like
just leave an open mind and le, ' ;6 '` led in. So he set me up, and I
just like went yes, absolutel a r ver you say.
Go ahead, Comm' ance.
COMMSSIONER 4 NNING: No, I wasn't done. I was waiting
for you to get done ortny time.
CHAIR -4 a HILLER: Oh, I'm sorry, I was --
CO I , ' . R HENNING: You done?
C M.
OMAN HILLER: -- so excited about you.
4 + ead.
",4 ►y I SSIONER HENNING: Are you sure?
:>• IRWOMAN HILLER: Promise. My lips are sealed.
s M IISSIONER HENNING: Eleven members is a little
wiel•y. That's why I recommended a seven member. I mean, if you
had two more at large, you'll be at 11. We don't have 11 seats here.
That's another reason.
And the main reason why I brought this forward is, you know,
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we're saying that we're pro business. With the work that staff and the
environmental community and the change of the board, you know, the
Environmental Advisory Board has little to no work to do now. And
to roll it over --
CHAIRWOMAN HILLER: Makes sense.
COMMISSIONER HENNING: -- into the Planning Co n
makes sense. It will save staff time and should save -- s .. • Ice
fees that is charged and so on and so forth.
You know, my idea was keep the -- this commi• - ich is very
important, and is required by law, the Planning Co .0 ion, is to
keep it at five, one per district. And then Nic A - + s ed about
having the two at large have environmental e ''!�'` e. However,
whatever the Board wants to do on this is ,: - .
CHAIRWOMAN HILLER: Can t,..a suggestion?
COMMISSIONER HE I .0 a motion and a second
on the floor. \'
CHAIRWOMAN HIL ' 'tea t, which I presented.
You know, one thing e -resting is that we -- like the City
of Naples and the City -$.' . . have planning commissions, correct?
You each have a PlanninCommission. And the reason why
Commissioner Coyle district has one representative is because he's
got a Plannin : ` •mmission. Well, Marco Island actually has three
representaf,, s • use it currently has two on the Planning
Commis n 1 us the City of Marco Planning Commission. So you
could .-;,d :k
1VR Aw► SSIONER FIALA: Marco Island has two on the
Commission?
AIRWOMAN HILLER: No, you have two -- your district
has two representatives on the Planning Commission.
COMMISSIONER FIALA: But they're both from East Naples,
right.
CHAIRWOMAN HILLER: And then on top of that -- we're
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talking about your district. It doesn't matter where they're from
specifically but they're from your district.
And then in addition you have the Marco Island Planning
Commission, similar to the City of Naples.
COMMISSIONER FIALA: Yeah, that have nothing to do , •
county, though. 0
CHAIRWOMAN HILLER: No, I understand. But - : • s
that Commissioner Coyle's district only has one represe, k to- is
because it was decided that the Planning Commissio a + IN a city
takes care of part of his community and then he h - .I ' epresentative
for the balance. The same thing could be dons o° •, istrict. That
eliminates one person, potentially. In other w .i your district was
handled the same way as Commissioner le' •istrict was handled
on the Planning Commission.
COMMISSIONER FIALA: . "• - h uch bigger mine is.
I've got 92,000 people in East Na , - •on't like that idea at all.
g P P
CHAIRWOMAN HIL • ' ` y. We all have the same
number of people in our dis .. b law. Everybody has 65,000 --
COMMISSIONE 4, • No, district. I'm talk -- you're
talking district, I'm talkiEast Naples.
CHAIRWOMAHILLER: Well, we are -- we have our
appointments R,' district.
CO I 41 R FIALA: Yes.•
C • ,-'OMAN HILLER: Okay. So we all have 65,000
Peopl_y
OP ., "ow what, I don't think we should get in this discussion.
0, I I SSIONER FIALA: I don't think so either.
• • WOMAN HILLER: The only reason I say that --
COMMISSIONER FIALA: You don't want to go there right
now.
CHAIRWOMAN BILLER: Yeah. Let's -- Commissioner
Henning, is there some way you would like me to modify this to more
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closely reflect what you expected Nicole to say? Because, I mean,
obviously if she surprised you out of the box, I really -- I want to
respect your preamble. What was it that you liked that she said?
COMIVIISSIONER HENNING: No, we really need to wor with
the environmental community. If we're saying an advisory boar. .t
deals with their issues that we want to reduce it tremendously .fl
eliminate it and roll it into something else, I think we need t
that, give it a little bit more time and bring it back. lb
CHAIRWOMAN HILLER: So then my motio t. i u L.
Commissioner Henning -- I mean Commissi• • - r, ce?
COMMISSIONER HENNING: But I'll • tt I +'at again.
CHAIRWOMAN HILLER: What, call ' - °'"t • issioner
Henning?
COMIVIISSIONER HENNING: '1 t•C'
Aye. .
COMMISSIONER NANCE• • wanted to mention --
CHAIRWOMAN HILL better blow me a kiss at the end
of this meeting, okay? Fm *-
COMMISSIONE' -r,h G: There you go with rumors
again.
CHAIRWOMA iHILLER: If only I lived up to all of them, my
God, my life ld be just amazing.
Goah-
CO kllooSIONER NANCE: I support Commissioner Henning's
effort " `' d one of the main reasons, and I was saying it half
jo ' --41P t,w ole but it's true is that we have three tremendous
- " t _ ental NGOs that this government has an excellent working
re `.; ft ship` shi with, The Conservancy, The Federation and Audubon.
And we are well aware that these people come very well prepared
with the issues, knowing what they're talking about. They almost
never give us false information. And we have come to rely upon them.
And I see no reason to duplicate some of this effort needlessly.
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May 14, 2013
I support this consolidation. I will say that I am in favor of-- if
we have a couple of seats that are uncommitted to districts, I would
like to see one personally in natural resources, and I would like to see
one dedicated to issues that are rural in nature. Only because I d• 't
think those issues are represented in a lot of different cases. Bec. ,
not only do we have the five county districts, but if Marco Isl, • 't
y Y �
an issue or Pelican Bay has an issue or the City of Naples ,.,,,• .• * sue,
they all have agencies and groups that rally to the cause : 11,,1 e
issue, whereas the extended rural areas of the county h , ave
anybody that addresses their particular --
COMMISSIONER FIALA: Excuse me . •r in, but I
think that's an excellent idea. Because so muc % •. area is rural.
And I don't think we've had enough repre tat` n. I think that's an
excellent idea.
CHAIRWOMAN HILLER: . : t get developed. We're
talking about a Planning Commis '• :: • t talks about development.
So the rural area is agricultura: . "" 'ed to be --
COMMISSIONER . ell, yes, but there's development
taking place out there. lir
COMNIISSIONER CE: That's where a lot of this
development is scheded to occur, and a lot of the discussions will be
revolving aro what happens in some of these areas that are
otherwise 1.,a esent.
C _1' ..?OMAN HILLER: Okay. Thank you.
Al' l ` : Madam Chair?
- AID' I SSIONER NANCE: That's just a suggestion. I have no
. : ii 41 ent. Thank you, I'll shut up.
4i
' WOMAN HILLER: Thank you.
All right, can I call the vote?
MR. OCHS: Would you please --
CHAIRWOMAN HILLER: Clarify?
MR. OCHS: -- restate or clarify the motion so Jeff and I know
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exactly what it is you want us to do? I mean --
CHAIRWOMAN HILLER: Reconfigure the Planning
Commission to make it more streamlined; dissolve the EAC and wrap
up the environmental component in a new Planning Commissio that
is lean and effective and efficient.
MR. KLATZKOW: And you're looking for public inpu • I 4,11,• • ,
correct?
CHAIRWOMAN HILLER: Yeah, talk to the N • to the
development community.
MR. KLATZKOW: But if we're going to ha tic input on
that, would it be all right if we essentially us - ► kng
Commission to hold this debate?
CHAIRWOMAN HILLER: Sure. k,ink at's a really good --
MR. KLATZKOW: At least we'1;..• t public forum for --
CHAIRWOMAN HILLER: t,; thinking that. That's a
great idea. That's a very good id- Z:` ,e a discussion.
Arnot
Yeah. And does that m. . = .
MR. OCHS: That m. ; - 6 - - t sense.
CHAIRWOMAN : Okay. And that's just clarifying
what the motion was.
All in favor? 4t
COMMI :-+ ONER FIALA: Aye.
C a !' S , a HILLER: Aye.
CO k f kiwi'.N SIONER COYLE: Aye.
a *i. IONER NANCE: Aye.
i i'WOMAN HILLER: Motion carries unanimously with
• ioner Henning being absent.
o=r• MMISSIONER COYLE: Yeah, I just don't want any tree
huggers from District 4 to be put on the Planning Commission, okay?
CHAIRWOMAN HILLER: No tree huggers?
COMMISSIONER NANCE: Just tree huggers or District 4
under any of those, Commissioner Coyle?
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COMMIISSIONER COYLE: Well, yes, yes. She represents a
group of them in District 4.
Item#1 lA
CONSIDERATION OF THE CANDIDATES WHO HAVE 4,
APPLIED TO THE POSITION OF CHIEF HEARING E. A`r(I 1 R
- MOTION TO ELECT MARK STRAIN AS THE CH .
HEARING EXAMINER — APPROVED; MOTION '- y ` •RIZING
HR, COUNTY MANAGER AND THE CHAIR f•' '' TO
NEGOTIATE THE CONTRACT, SALARY. RT DATE
WITH MR. STRAIN STAYING WITHIN `'a ARY RANGE
ALREADY DETERMINED BY THE B - — PPROVED
MR. OCHS: Madam Chair, to Item 11.A. That is a
recommendation to consider cam have applied to the -- to
fill the P osition of Chief Heari _ 1 ' 'ner. Ms. Price will make a
brief presentation.
MR. MILLER: I 4 0 . registered speakers for this item,
Madam Chairman.
CHAIRWOMAtkHILLER: And who are they?
MR. II • : Nicole Johnson and Diane Ebert.
CHA 1, • HILLER: Oh, wonderful. Do you want to
come up ,1 • • •iums?
. ,{ : I don't have a whole lot to say. Len Price, for the
reco " inistrative Services Division Administrator.
asked us to solicit resumes and applications and we've done
so.' !P' and myself have reviewed those applications and tried to sort
them out for you by the most qualified, the qualified and the three that
we felt did not meet the minimum qualifications for the position.
I'm not sure exactly what the next steps you wanted to take are,
so --
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Collier County Planning Commission
Name Work Phone Appt'd Exp.Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. William H. Vonier 12-13-11 10/1/15 4 Years
2065 Imperial Circle 514-4031
Naples, FL 34110
E-Mail: bvonier3 @gmail.com
District: 2
Category: Commission District
Ms. Diane K. Ebert 07/27/10 10/1/13 3+years
2898 Lone Pine Lane 593-1103
Naples, FL 34119
E-Mail: Jodiebert@comcast.net
District: 3
Category:Commission District
Mr. Barry M. Klein 09/14/10 10/1/11 1 Year
7739 Naples Heritage Drive 793-6997 9-27-11 10-1-15 4 Years
Naples, FL 34112
E-Mail: bmk @bmkre.com
District: 3
Category: Commission District
Mr. Paul Midney 658-3047 09/25/01 10/01/05 4 Years
1807 Roberts Avenue 657-6815 09/15/09 10/01/13 4 Years
Immokalee, FL 34142
E-Mail: midney @aol.com
District: 5
Category:Commission District
Mr. Mark P. Strain 398-2102 9/11/01 1/22/201 4 years
3675 Third Ave. N.W. 732-9400 10/01/16
Naples, FL 34120
E-Mail: mpstrain @comcast.net
District: 5
Category:Commission District
Monday,July 01,2013 Page 1 of 3 Annor
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7/9/2013 17.E.
Collier County Planning Commission
Name Work Phone Appt'd Exp.Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Phillip E. Brougham 9-27-11 10-1-15 4 Years
8587 Pepper Tree Way 793-5671
Naples, FL 34114
E-Mail: phillip.brougham @gmail.com
District: 1
Category:Commission District
VACANT VACANT
10/1/16
Naples, FL
E-Mail:
District: 2
Category:Commission District
Ms. Karen Joyce Homiak 774-4264 09/23/08 10/01/09 1 Year
4613 Long Key Ct. 774-4264 09/15/09 10/01/13 4 Years
Naples, FL 34112
E-Mail: ARWKJH @aol.com
District: 1
Category: Commission District
Vacant Vacant 10/1/15
Naples, FL
E-Mail:
District: 4
Category: Commission District
Mr. Thomas Eastman 377-0245 11/13/07 10/01/11 4 Years
5775 Osceola Trail 4-10-12 10-1-15 4 Years
Naples, FL 34109
E-Mail: eastmath @collier.kl2.fl.us
District:
Category: School Board Representative/Non-Voting Member
Monday,July 01,2013 Page 2 of 3
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Collier County Planning Commission
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On
09/03/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance
consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning
Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed
by LDC Ord. 91-102. This 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.
On 1-8-03 at an LDC Mtg the BCC amended the LDC (sec. 5.2.3.2) to include a member of the
School Board. The BCC determined on 10/14/03 that they will be a non-voting member.
FL STAT:
Staff: Ray Bellows, Zoning Manager: 252-2463
Monday,July 01,2013 Page 3 of 3
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NAPLES DAILY NEWS c( Friday, June 28, 2013 a 23
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, July 9, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of County Ordinances. The meeting will commence at 9:00 A.M. The
titles of the proposed Ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29, AS AMENDED, THE
COWER COUNTY PLANNING COMMISSION ORDINANCE, BY AMENDING SECTION
ONE (1) (POWERS AND DUTIES) TO HAVE THE PLANNING COMMISSION ACT AS
T H . E
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL;BY AMENDING SECTION ONE(2)
(MEMBERSHIP)BY CHANGING THE MEMBERSHIP FROM NINE TO SEVEN,WITH FIVE
PLANNING COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND TWO
MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32, AS AMENDED, THE
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY
AMENDING' SECTION ONE (MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY
PLANNING COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL; AND
DELETING PROVISIONS RELATING TO QUORUM AND VOTING, RULES OF
PROCEDURE, COMPENSATION, MEETINGS, AND EVALUATION OF THE EAC;
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 Ordinances.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 materials intended to be considered by 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 that 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
Department, 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
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
June 28.2013 No,1993744
•
Packet Page-1446-
7/9/2013 17.E.
NAPLES DAILY NEWS cc Friday,June 28,2013 23D
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, July 9, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299, East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of County Ordinances. The meeting will commence at 9:00 A.M. The
titles of the proposed Ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29, AS AMENDED, THE
COLLIER COUNTY PLANNING COMMISSION ORDINANCE, BY AMENDING SECTION
ONE (1) (POWERS AND DUTIES)TO HAVE THE PLANNING COMMISSION ACT AS
T H E
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL;BY AMENDING SECTION ONE(2)
(MEMBERSHIP)BY CHANGING THE MEMBERSHIP FROM NINE TO SEVEN,WITH FIVE
PLANNING COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND TWO
MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
• COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32, AS AMENDED, THE
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY
AMENDING' SECTION ONE (MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY
PLANNING COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL; AND
DELETING PROVISIONS RELATING TO QUORUM AND VOTING, RULES OF
PROCEDURE, COMPENSATION, MEETINGS, AND EVALUATION OF THE EAC;
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 Ordinances.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 materials intended to be considered by 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 that 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
Department, 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
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
I Jur a 28.2013 No.1993744
•
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