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Agenda 05/08/2012 Item #16K15/8/2012 Item 16.x.1. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 86 -78 as amended, which created the Citizens Advisory Committee for the Comprehensive Plan OBJECTIVE: That the Board of County Commissioners repeal Ordinance No. 86 -78, as amended, which created the Citizens Advisory Committee for the Comprehensive Plan. CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County Attorney's Office is doing a complete review of the Collier County Code of Laws and Ordinances to identify and correct inconsistencies that may have resulted from years of revision, and to ensure that the ordinances are not in conflict with current State or Federal law. This is part of a series of Executive Summaries that will be coming to the Board. On December 2, 1986, the Board adopted Ordinance No. 86 -78 to create the Citizens Advisory Committee for the Comprehensive Plan. The Ordinance was amended twice by Ordinance Nos. 87 -7 and 88 -33. The provisions of these Ordinances are codified in Section 106.2 of the Code of Laws and Ordinances. Since this committee does not meet and has not met for many years, this Ordinance is obsolete. FISCAL IMPACT: The cost of the advertisement for the Ordinance will be paid from the County Attorney's budget. GROWTH MANAGEMENT PLAN (GMP) IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board approval (HFAC) RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance No. 86 -78, as amended, in its entirety. PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney Attachments: 1) 1986 Executive Summary 2) Ordinance No. 86 -78 3) Proposed Ordinance Repealing Ordinance No. 86 -78 Packet Page -1290- EXECUTIVE SUMMARY 5/8/2012 Item 16.x.1. v ., . RECOMMENDATION TO CONSIDER THE ENACTMENT OF AN ORDINANCE CREATING THE COLLIER COUNTY PLANNING COMMISSION CITIZENS ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING PUBLIC PAR- TICIPATION IN THE PREPARATION OF THE COMPREHENSIVE PLAN OBJECTIVE: Adoption of the ordinance creating the Collier County Planning Commission (CCPC) Citizens Advisory Committee. CONSIDERATIONS: The purpose of the Committee is to provide public participation and community input in the redevelopment of the Comprehensive Plan as required by the State of Florida Growth Management Legislation. No other board or committee currently exists for this purpose. Its duties are to act as an advisory board to the CCPC, reviewing draft work elements and making recommendations during the preparation of the Comprehen- sive Plan. it is recommended that the Committee should not have bonding authority because their activities do not contemplate that action. Although the creation of this Committee is not a requirement of the Growth Management Legislation, the Local Government Compre- hensive Planning and Land Development Regulation Act (Chapter 163,F.S.), and the minimum criteria for review of Local Govern- ment Comprehensive Plans (Chapter 9J -5, F.A.C.), encourage public participation to the fullest extent possible. The Citizens Advisory Committee which would be representative of the full spectrum of the citizenship of Collier County, is the best method to assure public participation throughout the Comprehensive Plan preparation process. At their November 20th meeting, the CCPC supported the concept of the Citizens Advisory Committee and unanimously approved a motion to recommend that the Board of County Commissioners enact this ordinance. FISCAL IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the ordinance establishing the Collier County Planning Commission Citizens Advisory Committee for the purpose of providing public participation in the preparation of the Comprehensive Plan. Prepared by, . w , Jane Fitzpatrick Growth management Coordinator JF / pp -P 4 5 11/21/86 Packet Page -1291- ;A GtN DA No. DEC 0, Z.: 5/8/2012 Item 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. Item Summary: Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 86 -78 as amended, which created the Citizens Advisory Committee for the Comprehensive Plan. Meeting Date: 5/8/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 4/23/2012 10:31:16 AM Approved By Name: WeeksDavid Title: Manager - Planning,Comprehensive Planning Date: 4/23/2012 3:22:24 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/24/2012 4:31:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/24/2012 4:48:54 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/25/2012 8:34:47 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 4/25/2012 10:25:52 AM Name: KlatzkowJeff Title: County Attorney Date: 4/30/2012 3:18:12 PM Packet Page -1292- Name: OchsLeo Title: County Manager Date: 4/30/2012 5:04:37 PM Packet Page -1293- 5/8/2012 Item 16.K.1. 5/8/2012 Item 16.K.1. ORDINANCE NO. 12- AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 86 -789 AS AMENDED, WHICH CREATED THE CITIZENS ADVISORY COMMITTEE FOR THE COMPREHENSIVE PLAN; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 2, 1986, the Board of County Commissioners adopted Ordinance No. 86 -78 which created the Citizens Advisory Committee for the Comprehensive Plan; and and WHEREAS, Ordinance No. 86 -78 was amended by Ordinance Numbers 87 -7 and 88 -3; WHEREAS, the Board of County Commissioners desires to repeal this Ordinance because this committee does not meet and has not met for many years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: REPEAL OF ORDINANCE NO. 86 -78, AS AMENDED. Collier County Ordinance No. 86 -78, as amended, which created the Citizens Advisory Committee for the Comprehensive Plan is hereby repealed in its entirety. SECTION TWO: 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 1 of 2 Packet Page -1294- 5/8/2012 Item 16.K.1. SECTION THREE: 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 FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department. of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney H\GaihHeidiOrdinances FRED W. COYLE, Chairman 2 of 2 Packet Page -1295- 5/8/2012 Item 16.K.1. RA ORDINANCE S6 - 78 AN ORDINANCE ESTABLISHING THE COLLIER COUNTY PLANNING COMHISS1011 CITIZENS ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING PUBLIC PARTICIPATION IN THE PREPARATION OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE CREATION AND JURISDICTION OF T THE CITIZENS ADVISORY COMMITTEE; PROVIDING FOR COMPOSITION; PROVIDING FOR APPOINTMENT OF MEMBERS; $, PROVIDING FOR TERMS OF OFFICE; N u! R PROVIDING FOR REMOVAL FROM OFFICE AND FAILVRE TO ATTEND MEETINGS; Vx PROVIDING FOR ELECTION OF OFFICERS; PROVIDING FOR QUORUM AND LLj REIMBURSEMENT OF EXPENSES; PROVIDING o FOR LOCATION OF MEETINGS; PROVIDING e FOR FUNCTIONS, POV*RS AND DUTIES OF THE CITIZENS N "ISORY COMMITTEE; • PROVIDING FOR CONFLICT AND SEVERABILITY ":'D PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE: Creation of the Citizens Advisory Committee for the Comprehensive plan: Jurisdiction. The Board of County Comissionars (BCC) has designated the Collier County Planning Commission (CCPC) as the local planning agency pursuant to Section 163.3174, Florida Statutes, to conduct the comprehensive planning program and prepare a comprehensive plan and to make recommendations regarding the adoption of the comprehensive plan. In order to obtain participation by the public and encourage public comment, the BCC hereby establishes and ereatas the Collier County Planning Cosmsission Citizens Advisory Comsittee (hereinafter referred to as the Citizens Advisory Committee), The Citizens Advisory Committee shall have jurisdiction for the unincorporated area of Collier County. Florida. SECTION TWOS Composition of the-Citizens Advisor? Committee Members of the Citizens Advisory Committee *hall be permanent residents and electors of Collier County. Consideration shall be given to those persons -who have shown sa interest in public Affairs. In establishing membership on the Citizens Advisory Committee, representation of the full spectrum of the Citizenship of Calker County shall be sought as well as balanced geographic representation. The Citizens Advisory Coam:ittea shall consist of 21 members. The composition of the Citizens Advisory Committee shall be representative of various community interests to include individuals from the following groups: 10% 025 pr i 175 . - ---- � __ -- Packet Page - 1296 -�� i t i is 5/8/2012 Item 16.K.1. the business /development community; the agricultural community, environmental groups civic groups end the community at large. SECTION THREE: Appointments, Teas of Office, Failure to Attend Meetings. Appointments to the Citizens Advisory Committee shall be made by the BCC based upon recommendations from the CCPC and staff. The formation of the Citizens Advisory Committee will be publicized and prospective members sought through newspaper advertisement. The Growth Management Coordinator shall submit to the CCPC names of those persons who have stated an interest in serving on the Committee and others who would fulfill the requirements for composition of the Citizens Advisory Committee. The CCPC shall present a list of those interested persona and their recommendation of proposad +embers to servo on the Committee to the BCC for approval. In add -clan to the membars recammanded by the CCPC, the BCC shall also appoint one (1) representative from each of the 1 S Commission Districts. The terms of office for members of the Citizens Advisory Committee shall ba from the data of formation of the Citizens Advisory Commaictea and will expire on January 1, 1989 or as may be extended by the CCPC. If any member of the Citizens Advisory Committee '{ is absent from two (2) or more meetings without a satisfactory excuse, • i that member's position shall be declared vacant. In such Casa, or in the event a vacancy occurs for any reason, such vacancy shall be filled by the BCC in accordance with the procedure eat forth above. SECTION FOUR: Officers; Quorum; Compensation, The officers of the Citizens Advisory Committee shall be elected by the membership of the Citizens Advisory Committee and shall include a Chairman, Vice- Chairmaa and Secretary. The preasnes of (13) thirtean or more nembers shall constitute a quorum. The Citizens Advisory Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, findings and determinations. The members of the Citizens Advisory Committee shall sarve without compensation, but may bo reimbursed for such travel, mileage and /or per diem expenses as may be authorized by the BCC. SECTION FIVE: Location of Meetings. All meetings of the Citizens Advisory Committee shall be public meatings. Meetings shall be held regularly at the Collier County Government Center, Naples, Florida. �7�+� BOOK C25 rr-! � f U 2 W... Packet Page -1297- k. •. ,t 5/8/2012 Item 16.K.1. . M M M LEE TIOk SIC: Functions, Powers And Duties of the Citizens Advisory Committee The functions, povers and duties of the Citizens Advisory Committee shall be to provide public participation and co=runity input in the development and preparation of the Comprehensive Plan, or elsasnts or portions thereof. The Committee *hail assist staff in the identification of issues and problems and provide assistance in policy formulation on elements or portions of the Comprehensive Plan. The Growth Management Coordinator or her designee shall act as staff liaison to the Committee. The Citizens Advisory Committea shall act as an advisory board to the • CCPC and shall review draft work r.•;aents and make recommendations during the preparation of the Comprehr viva plan as necessary. The Citizens Advisory Committee may organize and create subcommittees for elements or portions of the Comprehensive Plan as deemed necessary. The CCPC shall approve the creation of any subcommittee. SECTION SEVER; Conflict and S*Vetability. 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 this Ordinance is bald 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 EIGHT: Effective Date This Ordinance shall becosw effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of ".111...1, N„ Col•fA.■=rtiadSt rti Florida, this 2nd dap' of DOCMTLW , 1986. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, nARIDA BY: Q J�S�`'0. SGI • 1.•CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: iris WOW=* Rod w'hh 1M krw:of to 's OF(kr fb� XENNETH 8. CUYLER, fir COUNTY ATTORNEY iiN nahlydl w , of ORD /CITIZENS ADV FOR COMP PLAIT �J 025ar "n .3 -- --- — Packet Page - 1298 -- —.00111 1 t EW A, k 5/8/2012 Item 16.K.1. STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do •hereby certify that the foregoing is a true copy of ORDINANCE ;0. e6-78 that was adopted by the Board of County Commissioners during Regular Session on the 2nd day of December, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of December, 1986. JAMES C. GILES Clerk of Courts and C1 Ex- officio to the Boat County Commisvionern4 or By: Virg r tin • 600K 025PArA78 Packet Page -1299- 51• .