Agenda 05/26/2009 Item #16K6
Agenda Item No. 16K6
May 26, 2009
Page 1 of 6
-
EXECUTIVE SUMMARY
Request that the Board of County Commissioners directs the County Attorney to advertise
an ordinance amending the Environmental Advisory Council Ordinance by (1) reducing
the membership from 9 to 5 regular members, and the alternate members from 2 to 1;
(2) reducing the technical membership guideline from 6 to 3 for the regular members, (3)
reducing the non-technical membership guideline from 3 to 2 for the regular members; and
(4) reducing the quorum and voting requirement from 5 to 3 members. This request is
contingent on the Board this date enacting the proposed ordinance which relocates the
Environmental Advisory Council Ordinance from the Collier County Land Development
Code to the Code of Laws and Ordinances.
OBJECTIVE: To obtain Board direction to advertise an ordinance which would amend the
Environmental Advisory Council Ordinance by reducing the size of the Council from 9 to 5
members, and to adjust other membership requirements which result from this reduction.
CONSIDERATIONS: During its May 12th, 2009 meeting, the Board of County Commissioners
("Board') directed the County Attorney to bring back a proposed ordinance which would amend
the Environmental Advisory Council Ordinance by reducing the size of the Council from 9 to 5
members. In reviewing the current ordinance, it became apparent to the County Attorney that
this reduction impacted other membership-related requirements of this ordinance. The proposed
changes to the Ordinance are summarized as follows:
,-..
Membership.
Current Ordinance: Authorizes 9 regular members, 2 alternate members.
Proposed Amendment: Authorizes 5 regular members, 1 alternate member.
Reason: Board direction with respect to reducing the number of regular members. Since the
Council is being reduced by almost half, I am proposing to reduce the alternate members from 2
to 1 to maintain the same relative balance.
Oualifications.
Current Ordinance: In appointing members, the BCC should consider a membership guideline of
6 technical regular members and 3 non-technical regular members, and 2 technical alternate
members.
Proposed Amendment: In appointing members, the BCC should consider a membership
guideline of 3 technical regular members and 2 non-technical regular members, and 1 technical
alternate member.
Reason: Since the Council is being reduced by almost half, I am proposing to adjust the number
of technical members by an approximate like percentage. It should be noted that these are only
guidelines, and not a requirement.
,-..
Agenda Item No. 16K6
May 26, 2009
Page 2 of 6
Quorum and V otin2
Current Ordinance: Requires a quorum of 5 members, with an affirmative vote of 5 or more
members in order to take official action, regardless of whether 5 or more members are present.
Proposed Amendment: Requires a quorum of 3 members, with an affirmative vote of 3 or more
members in order to take official action, regardless of whether 3 or more members are present.
Reason: This proposed change was made in response to the reduction from 9 to 5 members, and
is meant to mirror the intent of the Ordinance.
There is a related item before the Board this date which seeks the Board's approval to enact a
proposed ordinance which relocates the Environmental Advisory Council Ordinance from the
Collier County Land Development Code to the Code of Laws and Ordinances. If the Board does
not enact this ordinance, then the County Attorney will bring back this proposed amendment as
part of an upcoming LDC Cycle. If the Board approves both the proposed relocation ordinance
and this item, the County Attorney will advertise this ordinance and bring it back for approval on
the Summary Agenda of the next available Board meeting.
FISCAL IMP ACT: Approximately $400, representing the cost of advertising.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney.
This is a regular Board item requiring simple majority vote. -JAK
RECOMMENDATION: Contingent on the Board this date enacting the proposed ordinance
which relocates the Environmental Advisory Council Ordinance from the Collier County Land
Development Code to the Code of Laws and Ordinances, that the Board of County
Commissioners directs the County Attorney to advertise the attached ordinance which would
amend the Environmental Advisory Council Ordinance by (1) reducing the membership from 9
to 5 regular members, and the alternate members from 2 to 1; (2) reducing the technical
membership guideline from 6 to 3 for the regular members, (3) reducing the non-technical
membership guideline from 3 to 2 for the regular members; and (4) reducing the quorum and
voting requirement from 5 to 3 members.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Page I of 1
Agenda Item No. 16K6
May 26, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K6
Item Summary:
Request that the Board of County Commissioners directs the County Attorney to advertise an
ordinance amending the Environmental Advisory Council Ordinance by (1) reducing the
membership from 9 to 5 regular members, and the alternate members from 2 to 1; (2)
reducing the technical membership guideline from 6 to 3 for the regular members, (3)
reducing the non-technical membership guideline from 3 to 2 for the regular members; and
(4) reducing the quorum and voting requirement from 5 to 3 members. This request is
contingent on the Board this date enacting the proposed ordinance which relocates the
Environmental Advisory Council Ordinance from the Collier County Land Development Code
to the Code of Laws and Ordinances. (Companion to Item 17 J)
Meeting Date: 5/26/2009900:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/2009 3:06:25 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/20094:53 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/15/2009 9:59 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/15/20093:25 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 5/16/200910:29 AM
Commissioners
file://C:\A!!endaTest\Exoort\ 130-Mav%2026.%202009\ 16.%20CONSENT%20AGFNnA \ 1
S/?O/?OOQ
Agenda Item No. 16K6
May 26, 2009
Page 4 of 6
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING THE ENVIRONMENTAL
ADVISORY COUNCIL ORDINANCE BY (1) REDUCING THE
MEMBERSHIP FROM 9 TO 5 REGULAR MEMBERS AND THE
ALTERNATE MEMBERS FROM 2 TO 1; (2) REDUCING THE TECHNICAL
MEMBERSHIP GUIDELINE FROM 6 TO 3 FOR THE REGULAR
MEMBERS; (3) REDUCING THE NON-TECHNICAL MEMBERSHIP
GUIDELINE FROM 3 TO 2 FOR THE REGULAR MEMBERS; AND (4)
REDUCING THE QUORUM AND VOTING REQUIREMENT FROM 5 TO 3
MEMBERS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS A..~D
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-_ sets forth the establishment,
powers and duties of the Environmental Advisory Council; and
WHEREAS, the Board finds that it is in the public interest to reduce the number of
members of this Council from 9 members to 5, which in turn requires changing the quorum and
voting requirements. as well as reducing the number of desired technical and non~technical
members.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2009--,
Section 4 is hereby amended to read a follows:
(4) Membership
A. Appointment. Nffie Five regular members and ~ 1 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCC. The Aalternate members will be requested
to attend meetings when regular members have notified staff that they will be absent. The
A,glternate members will participate in discussions and vote when replacing a regular member.
Appointment to the EAC shall be hy resolution of the BCC and shall set forth the date of
appointment and the term of office. Each appointment shall be for a term of 4 years. Terms shall
be staggered so that no more than a minority of such members' appointments will expire in any
one year.
Words Underlined are added; Words Struck 'Tlrrough are deleted.
Page lof3
Agenda Item No. 16K6
May 26, 2009
Page 5 of 6
B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general
circulation within the County, and vacancy notices shall be posted in the County libraries and
County courthouse.
C. Qualifications. Members shall be permanent residents and electors of the County and
should be reputable and active in community service. The primary consideration in appointing
EAC members shall be to provide the BCe with technical expertise and other viewpoints that are
necessary to effectively accomplish the EAC's purpose. In appointing members, the BCe should
consider a membership guideline of e J. technical regular members and ;. ~ non-technical regular
members, and ~ 1 technical alternate members. Technical members 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.
***
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009--,
Section 5 is h~reby amended to read as follows:
(5) Quorum and Voting
A simple majority of the appointed members of the EAC shall constitute a quorum for the
purpose of conducting business. An affirmative vote of ~ 3 or more members shall be necessary
in order to take official actio~ regardless of whether ~ 3 or more members of the EAC are
present at a meeting.
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 jurisdictio~ such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Words Underlined are added; Words Struok Thnmgb are deleted.
Page 2 00
Agenda Item No. 16K6
May 26, 2009
Page 6 of 6
SECTION FOUR: 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 FIVE: EFFECTIVE DATE.
This Ordinance shall become 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 Collier
COWIty, Florida, this _day of ,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
Words Underlined are added; Words Struck Thr<IUgh are deleted.
Page 3 of3