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Agenda 06/09/2009 Item #17F Agenda Item No. 17F June 9, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-32, 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. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance amending Ordinance No. 2009-32, the Environmental Advisory Council Ordinance, by reducing the size of the Council from 9 to 5 members, and adjusting other membership guidelines as a result of this reduction. CONSIDERATIONS: During its May 12, 2009 meeting, the 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, I 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 I to maintain the same relative balance. Qualifications. Current Ordinance: In appointing members, the Board should consider a membership guideline of 6 technical regular members and 3 non-technical regular members, and 2 technical alternate members. Proposed ;<\mendment: In appointing members, the Board 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. - Quorum and V otin2. Current Ordinance: Requires a quorum of 5 members, with an affirmative vote of 5 or more Agenda Item ~~o. 17F June 9. 2009 Page 2 of 7 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. On May 26, 2009, the Board adopted Ordinance No. 2009-32, relocating Environmental Advisory Council Ordinance from the Collier County Land Development Code to the Collier County Code of Laws and Ordinances while concurrently repealing Section 8.06.00 of the Collier County Land Development Code. The Board also authorized the County Attorney to advertise the attached Ordinance which amends the now stand-alone Environmental Advisory Council Ordinance as outlined above. 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. 2009-32, the Environmental Advisory Council Ordinance, in order to (1) reduce the membership from 9 to 5 regular members, and the alternate members from 2 to 1; (2) reduce the technical membership guideline from 6 to 3 for the regular members, (3) reduce the non-technical membership guideline from 3 to 2 for the regular members; and (4) reduce the quorum and voting requirement from 5 to 3 members. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Page 1 of 1 Agenda Item No. 17F June 9. 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17F Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-32. 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. Meeting Date: 6/9/2009900:00 AM Prepared By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/29/20092:47:29 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 6/1/20094:49 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/2/2009 9:36 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 6/2/200912:10 PM file://C:\AgendaTest\Exnort\ 1'11-.Iune%209.%202009\ 17.%?OSl TMMARY%?OAGFNnA \ 17 i1/i!?OOQ -.-.---.----~---.--.-....--~.~...-.,.,..--.---~-~--~..-----.----....~~--.____r____~~ Agenda item No. 17F June 9, 2009 Page 4 of 7 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE ENVIRONMENT AL 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 AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier COWlty Ordinance No. 2009-32 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 COWlcil 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. 2009-32. Section 4 is hereby amended to read a follows: (4) Membership A. Appointment. NHte 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!!lternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by resolution of the BeC 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 Slnwk Th:-ougfl are deleted. Page 1 of3 ~ Agenda Item No. 17F June 9, 2009 Page 5 of 7 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 BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of & 1 technical regular members and J. ~ non-technical regular members, and ~ 1 technical alternate members. Technical members shall demonstrate evidence of expertise in I 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, stonnwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. *** SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009-32. Section 5 is hereby 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 action, 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 res1rictive 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. Words Underlined are added; Words Ewek Threvgh are deleted. Page 2 of3 Agenda Item No. 17F June 9, 2009 Page 6 of 7 SECI10N 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 suc~ 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 DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN ow, County Attorney Words Underlined are added; Words StnJek 1'lIFeugb are deleted. Page 3 of3 ,., ., -'~'''3n~EFORDiNANCE . ,:', } - ." " ',. Notice Is hereby given that on Tuesday, June 9. 2009 in the Boardroom, 3rd Floor, Administration . Building, Collier county Government Center, 3301 East Tamiami Trail, Naples, Florida. the .Board of County Commissioners will consider the enactment of a County Ordinance. The meeti ng will com. mence at 9:00 A.M. The title. of the proposed Ordi- nance is as follows: ...,- AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF COlliER COUNTY, FLORIDA, ~~ENtJ~~~JE ~~Vl~~~~WZ.~~~~t~~'UB&~~~p FROM 9 TO 5 REGULAR MEMBERS ANO THE ALTER- NATE 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) REDUC- ING THE QlJORUM AND VOTING REQUIREMENT FROM 5 TO -3 MEMBERS; PROVIDING FOR CONFLICT , AND SEVERABILITY: PROVIDING FOR INCLUSION IN , THE CODE Of LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EffECTIVE DATE. copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- tion. All interested parties are invited to attend and be heard. ' NOTE: All persons wishing to'speak on any agenda I Item must register with the county .admlnistrator . prior to presentation of the agenda item to be ad- , cressed. Individual. speakers wlll .be limited to 5 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 spea~ pn an Item. . . ., 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. All material used In presentations before the Board will becoll'1€ a p~rma~ent part of the record. ... Any person who decides to appeal a decision of the Board will need a record of the proceedings pel'. taining thereto and therefore, may !'eed 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 pro- ceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier county facilities Management Dep'artment, located at 3301 Tamlaml Trail East, BUilding W, Naples. Florida 34112. (239) 252.8380, Assisted lis- tening devices for the hearing impaired are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID'" . . OONN'" fiALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, oeputy Clerk (SEAL) . . Mav.,q , NolROl109 Agenda Item No. 17F June 9. 2009 'page 7 of 7