Agenda 06/12/2012 Item #17B6/12/2012 Item 17.B.
EXECUTIVE SUMMARY
Recommendation to adopt 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 adopt an Ordinance to repeal
Ordinance No. 86 -78, as amended, which created the Citizens Advisory Committee for the
Comprehensive Plan.
CONSIDERATIONS: On May 8, 2012, Item 16K1, the Board directed the County Attorney to
advertise and bring back an Ordinance to repeal Ordinance No. 86 -78.
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Ordinance is obsolete.
The repeal of this Ordinance is part of the review of the Code of Laws and Ordinances included
in the County Attorney's Action Plan.
FISCAL IMPACT: The cost of the advertisement for the Ordinance was 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 adopt an Ordinance to repeal Ordinance No. 86 -78, as
amended, in its entirety.
PREPARED BY: Heidi Ashton - Cicko, Managing Assistant County Attorney
Attachments: 1) Ordinance
2) Ordinance No. 86 -78
3) 1986 Executive Summary
CP \12 -COA- 01425 \10
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.13.
6/12/2012 Item 17.13.
Item Summary: Recommendation to adopt an Ordinance to repeal Ordinance Number
86 -78 as amended, which created the Citizens Advisory Committee for the Comprehensive Plan.
Meeting Date: 6/12/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/9/2012 10:08:40 AM
Approved By
Name: WeeksDavid
Title: Manager - Planning,Comprehensive Planning
Date: 5/9/2012 1:35:29 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 5/11/2012 10:14:04 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 5/11/2012 2:38:45 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 5/15/2012 2:49:52 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/15/2012 3:26:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 1:26:20 PM
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Name: OchsLeo
Title: County Manager
Date: 6/4/2012 10:39:35 PM
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6/12/2012 Item 17.B.
EXECUTIVE SUMMARY
6/12/2012 Item 17.13.
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 ordnance 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
Jane Fitzpatrick
ctkowth Management Coordinator
JF /pp -P4 5
11/21/86
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;AGENDA
No.
tt:
6/12/2012 Item 17.13.
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 Plans Jurisdiction.
The Board of County Commissioners (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 sake
recommendations regarding the adoption of the comprehensive plan. In
order to obtain participation by the public and encouraga public comment,
the BCC hereby establishes and creates the Collier County Planning
Commission Citizens Advisory Committee (hereinafter referred to as the
Citizens Advisory Committee). The Citizens Advisory Committee shall Nava
jurisdiction for the unincorporated area of Collier County, Florida.
SECTION TWO: Composition of the-Citizena Advisory, Committee.
Members of the Citizens Advisory Committee shall be permanent
residents and electors of Collier County. Consideration shall be given
to those parsons -who have shown an interest in public affairs. In
establishing membership on the Citizens Advisory Committee,
representation of the full spectrum of the Citizenship of Collier County
shall be sought as well as balanced geographic representation. The
Citizens Advisory Cose;ittea shall consist of 21 members. The composition
of the Citizens Advisory Comnittes shall be representative of various
co=unty interests to include individuals from the folloving groups:
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ORDINANCE 86 - 78
AN ORDINANCE ESTABLISHING THE
COLLIER COUNTY PLANNING COMMISSION
CITIZENS ADVISORY COMMITTEE FOR THE
PURPOSE OF PROVIDING PUBLIC
PARTICIPATION IN THE PREPARATION OF
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THE COMPREHENSIVE PLAN; PROVIDING
FOR THE CREATION AND JURISDICTION OF
THE CITIZENS ADVISORY COMMITTEE;
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-
PROVIDING FOR COMPOSITION; PROVIDING
FOR APPOINTMENT OF MEMBERS;
PROVIDING FOR TERMS OF OFFICE;
=;
PROVIDING FOR REMOVAL FROM OFFICE
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AND FAILVRE TO ATTEND MEETINGS;
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PROVIDING FOR ELECTION OF OFFICERS;
PROVIDING FOR QUORUM AND
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REIMBURSEMENT OF EXPENSES; PROVIDING
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FOR LOCATION OF NE- INGS; PROVIDING
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FOR FUNCTIONS, POW*RS AND DUTIES OF
THE CITIZENS N "ISORY CM*aT'TEE;
PROVIDING FOR CONFLICT AND
SEVERABIL17Y '.:v 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 Plans Jurisdiction.
The Board of County Commissioners (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 sake
recommendations regarding the adoption of the comprehensive plan. In
order to obtain participation by the public and encouraga public comment,
the BCC hereby establishes and creates the Collier County Planning
Commission Citizens Advisory Committee (hereinafter referred to as the
Citizens Advisory Committee). The Citizens Advisory Committee shall Nava
jurisdiction for the unincorporated area of Collier County, Florida.
SECTION TWO: Composition of the-Citizena Advisory, Committee.
Members of the Citizens Advisory Committee shall be permanent
residents and electors of Collier County. Consideration shall be given
to those parsons -who have shown an interest in public affairs. In
establishing membership on the Citizens Advisory Committee,
representation of the full spectrum of the Citizenship of Collier County
shall be sought as well as balanced geographic representation. The
Citizens Advisory Cose;ittea shall consist of 21 members. The composition
of the Citizens Advisory Comnittes shall be representative of various
co=unty interests to include individuals from the folloving groups:
im 025►r.t M
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6/12/2012 Item 17.13.
r, •
the business /development covounity; the agricultural community,
environmental groups; civic groups and the community at large,
SECTIOV THREE: Appointments, Terms of Office, Failure to Attend Hastings.
Appointments to the Cit: :ens 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 atd
prospective members nought 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 -i list of those interested parsons and
their recommendation of proposed members to serve on the Committee to
the BCC for approval. In addscion to the members racommended by the
CCPC, the BCC shall also appoint one (1) representative from each of the
S Commission Districts. The terms of office for members of the Citizens
Advisory Committea shall be from the data of formation of the Citizens
Advisory Committee and will expire on January 1, 1989 or as may be
extended by the CCPC. If any member of the Citizens Advisory Coasuittea
is absent from two (2) or more meetings without a satisfactory excuse,
that member's position shall be declared vacant. In such case, or in the
event a vacancy occurs for any reason, such vacancy *hall be filled by
the BCC in accordance with the procedure eat forth above.
SECTION TOUR: 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 - Chairman and Secretary. The presence of (13) thirtean or
mare nembers shall constitute a quorum. The Citizens Advisory Committee
shall, by majority vote of the antire 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 serve without compensation, but may be
reimbursed for such travel, mileage and /or per diem expanses 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
zr
Government Center, Naples, Ylorids.
U25 Fir,! 176
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6/12/2012 Item 17.13.
SECTION SIX: Functions, Powers and Duties of the Citizens Advisory
Committee
i
The functions, pavers and duties of the Citizens Advisory Committee
�3�• shall be to provide public participation and community input in the
? development and preparation of the Comprehensive Plan, or elements or
L; portions thereof. The Committee shall assist staff in the identification
of issues and problems and provide assistance in policy formulation on
elements or portions of the Comprehensive Plan. The Crowth Management
Coordinator or her designee shall act as staff liaison to the Committee.
The Citizens Advisory Committee shall act as an advisory board to the
CCPC and shall review draft work s.•:manta and make recommendations during
the preparation of the Comprahr-wive Plan as necessary. , ry. The Citizens
Advisory Committee may organiza and create subcommittees for elements or
portions of the Comprehensive Plan as deemed necessary. The CCPC shall
approve the creation of any subcommittee.
SECTION SEVEN: 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 this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion I
shall be doomed 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 become effective upon receipt of notice from
the Sacretary of State that this Ordinance has been filed with the
Secretary of State.
; 1
PASSED AND DULY ADOPTED by the Board of County Commissioners of
...
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Col•1 }eroc�r'' Florida, this day of r , 1986.
011 :c Y j � : •ice �Tf, ir;• Fi •;•b
i�AT!••s' z'.: 986 BOARD OF COUNTY COMMISSIONERS
1 ;�` 1l% 1•�.. COLLIER COUNTS, rLORIDA
.� ,,! 0. WI MS .t .•CLERC vvv
BY • . CIJAIXHAW
APPROVED AS TO FORM AND LECAL SUFFICIENCY: This ordhv rfcs filed WHh fhe
-f
day S a'i Office •
fb
KENNETH B. CUYLER, Ue o►�d oclowwledpnnant•�ihat4,
COUNTY ATTORNEY till rnce= thl dap
of (a 194fec)
s ORD /CITIZENS ADV FOR COMP PLAN 8 Lo I
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STATE OF FLORIDA )
COUNTY OF COLLIER )
1, 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 :J. 86 -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 Peal of the Board of County
Commissioners of Collier County, Florida, this 2nd day of
December, 1986.
JAMES C. GII.ES ,.•• n,,,
Clerk of Courts and Clear ,Er�3. YQ��, •.,,
Ex- officio to the Bonr� ,�P•'e "''•• °�.�%
County Commissioner4'�
By
VirgiWa `Magr• , Dp Ljity , r-itrj C 4
4
.
Box 025w,478'
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17.B.
I
6/12/2012 Item 173.
ORDINANCE NO. 12-
AN ORDINANCE REPEALING COLLIER COUNTY
ORDINANCE NO. 86 -78, 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 LAW'S 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.
I of 2
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6/12/2012 Item 17.B.
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 May, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
�_k(NL.
Heidi Ashton -Cicko
Managing Assistant County Attorney
CK12- COA -01 A25U
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
2of2
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i
6/12/2012 Item 17.13.
26D v Wednesday. May 30, 2012 A NAPLES DAILY NEWS
NUT E Ni
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, June 12, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3.299 East Tamiami,
Trail, ,Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinances are as follows:
AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 86 -78, 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.
AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 73 -17 RELATING TO
TEMPORARY 'PERMITS;, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the,.proposed Ordinance are on file with the Clerk to-the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the .
County administrator prior to presentation of the agenda item to be addressed.
individual speakers will be limited to 3 minutes on any item. The selection of an
individual to .speak on behalf of an organization or group is encouraged. -if
recognized by the Chairman, a spokesperson for. a group or organization may be
allotted
10 minutes to speak on an item.
Persons wishing to have. written or graphic materials included in the Board agenda
packets must submit said •material a minimum of 3 weeks prior to the respective
public hearing. In any case; written 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
w►H become-a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
- proceedin s 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
FRED W. COYLE, CHAIRMAN
DWfGHT E. BROCK, CLERK 07)
By: Teresa Polaski, Deputy Clerk
-may 7)0 2012 No 1949424
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