Agenda 06/09/2009 Item #17E
Agenda Item No. 17E
June 9, 2009
Page 1 of 6
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2009-29, the Collier County Planning Commission Ordinance, by requiring
that candidates for the Planning Commission be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and
eliminating term limits.
OBJECTIVE: That the Board of County Col11Iillssioners (Board) adopts the attached Ordinance
amending Ordinance No. 2009-29, the County Planning Commission Ordinance, by requiring that
candidates for the Planning Commission be nominated by the Commissioner of the District in
which the candidate resides for both initial and subsequent terms and eliminating term limits.
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CONSIDERATIONS: On May 26, 2009, the Board adopted Ordinance No. 2009-29,
relocating the Planning Commission Ordinance from the Collier County Land Development Code
to the Collier County Code of Laws and Ordinances while concurrently repealing Section 8.03.00
of the Collier County Land Development Code. In furtherance of its prior direction, the Board
also authorized the County Attorney to advertise the attached Ordinance which amends the now
stand-alone Collier County Planning Commission Ordinance by requiring that candidates for the
Planning Commission be nominated by the Commissioner of the District in which the candidate
resides for both initial and subsequent terms and eliminating tenn limits.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney,
was duly advertised, and is legally sufficient for Board action. This is a regular Board item
requiring simple majority vote. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which amends Ordinance No. 2009-29, the Collier County Planning Commission
Ordinance, by requiring 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 eliminating term limits.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 17E
June 9, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17E
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2009-29, the Collier County Planning Commission Ordinance, by requiring
that candidates for the Planning Commission be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and eliminating
term limits.
Meeting Date:
6/9/2009 900:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
5/29/20092:39:35 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
6/1/20092:56 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/1/20093:58 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/1/20094:34 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
6/1/20095:00 PM
file://C:\AllendaTest\Exnort\ 131-June%209.%202009\ 17.%20S1 JMMARY%?OAnFNOA \ 17
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Agenda Item No. 17E
June 9, 2009
Page 3 of 6
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY
PLANNING COMMISSION ORDINANCE BY REQUIRING THAT
CANDIDATES FOR THE PLANNING COMMISSION MUST BE
NOMINA TED BY THE COMMISSIONER OF THE DISTRICT IN WHICH
THE CANDIDATE RESIDES FOR BOTH INITIAL AND SUBSEQUENT
TERMS AND DELETING THE PROVISION REGARDING TERM LIMITS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-29 sets forth the establishmen4 powers
and duties of the Collier County Planning Commission; and
WHEREAS, the Board finds that it is in the public interest to require 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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION (2) OF ORDINANCE NO. 2009-29.
Section (2) is hereby amended to read as follows:
(2) Membership
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B. Appointment. The Planning Commission shall be composed of 9 members to be
appointed by the BCe. Candidates for the Planning Commission must be nominated bv the
Commissioner of the District in which the candidate resides for both initial and subsequent
terms. All reappointments to the Planning Commission shall be made so as to achieve the
following geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No. 1.
3. Two members: County Commission District No.2.
4. 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.
Words Underlined are added; Words StFliek ThreusR are deleted.
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Agenda Item No. 17E.
June 9, 2009
Page 4 of 6
C. Tenn. Each appointment or reappointment shall be for a term of 4 years. Each
appointment and reappointment shall be made so that the terms of any 2 members from a single
commission district shall not expire in the same year. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office.
D. Reeppf}intment. A member may be r.eappoiated by the BCC for oaly 1 saeeessiYe tellB.
lmless there are 80 otlier qualified applieaBts for the member's pesitien.. hppoimmen.ts te fill emy
vacaf}()y OR the Planning Commission sftall be for the remainder of the uneJ{pir-ed tellB of offiee.
e D. Removalfrom 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.
FE. Officers. The membership of the Planning Commission shall elec~ a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
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 oftbe 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.
Words Underlined are added; Words 8tNek 1'hfeugh are deleted.
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Agenda Item No. 17E
,Iune 9, 2009
Page 5 of 6
SECTION FOUR: 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
County, Florida, this _day of .2009.
ATfEST:
DvnOHTE.BROCK.CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
Words Underlined are added; Words 8tmelc 'ThFellgR are deleted.
Page 3 of3
Agenda Item No. 17E
June 9, 2009
Page 6 of 6
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0110 'ORDDCI~~
AND> PElmOIS
011 0 ORDIRANCES
AID PmnoNS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that on Tuesday, June IJ,
2009 In the Boardroom; 3rd Floor, Administration
Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, FloridA. the Board of
County Commissioners will cOMider the enactment
of a County Ordinance. The meeting will com.
mence at 9:00 A.M. The title of the proposed Or.dl.
nance is as follows: .
AN ORDINANCE OF THE BOARD OF COUNTY COM;.
MISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE COLLIER COUNTY PLANNING COM.
o. MISSION ORDINANCE BY REQUIRING THAT CANDI.
DATES FOR THE PLANNING COMMISSION MUST BE
NOMINATED BY THE COMMISSIONER. OF THE DIS.
TRICT IN WHICH THE CANDIDATE RESIDES FOR BOTH
INITIAL AND SUBSEQUENT TERMS AND DELEilNG
THE PROVISION REGARDING TERM LIMITS; PROVIO.
, ING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDI.
NANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Caples of the proposed Ordinance are. on file with..
. , the Clerk to the Board and are available for insp~c.
tion. All interested parties are invited to attend
and be heard. . 0." 0 ..
NOTE: All persons wiShing to speak on any agenda
Item must register with the County admmistrator
prior to presentation Of the agenda Item to be ad.
dressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual
to speak on behalf of an organization or group Is
encouralled.. If recognized by the Chairman, ai.
SPOkesperson for a group or orl/anization ma,r ,be
allotted 10 minutes to speak on an Item. 0 '.
,
Persons wishing to have written or graphic materi.
als 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 hear.
. ing. A II material used III presentations before the
Board will become a permanent part of the record., .
Any person who decides to appeal a decision of tlie
Board will need a record of the proceedings per.
01 taining thereto and therefore. may need to ensure.
that. a verbatim record of the proceedings is made, ..
which record includes the testimony and lNidence
upon which the appeal is basedi ..., .
I If yOU are a person with a disabiiity who needs any
accommodahon In order to participate in this Pro.
ceeding; you are entitled. at no cost to yoU, to the
provision of certain assistance. Please contact the
Collier County Facilities Mana~ement Department,
located at 3301 Tamiami Tra.. East, BU'ldinli/ W,
Naples. Fiorida 34Il2, (239) 252.8380. Assistell lis.
tening oevices for the hearing impaired are avail.
able in the County Commissioners' Office. 0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA .. 0'
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martha Vergara. Deputy Clerk
(SEAL)
Mav 29
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