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Backup Documents 05/26/2009 Item #17J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17J (i) 1 To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating DeptJ Div: County Attorney Person: Petition No, (If none, give brief description): None Petitioner: (Name & Address): NfA Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Jeffrey A. KJatzkow, County Attorney Date: May 12, 2009 Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) May 26, 2009 (NOTICE TO RUN NO LATER THAN FRIDAY, May 15, 2009) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News o Other XXX Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), ifany & proposed hearing date: NfA Does Pe 'tion Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs: 001-100510-649100 - P,O.4500099539 Review -~. s 1,>./" Date ' ator or Designee Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, ***********************************************.****************************************************...**** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17J ..Jy ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/ Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page) of8 1 7 J ~;f NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby established an Environmental Advisory Council (ilEAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones, developments of regional impact, Page 2 or8 17J :f , provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revIsmg, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; K. Assist in the implementation of any new programs, ordinances, andlor policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; Pag~ 3 0[8 1 7 J f.~ L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; M. Function as an environmental impact statement (EIS) review board pursuant to Chapter 10; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are Page 4 of8 17J ~1 I exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07. (4) Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member, Appointment to the EAC shall be by 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 anyone year. 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. e. 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 arc necessary to effectively accomplish the EAC's purpose. 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. 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, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCe. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' ternlS shall be for I year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting Page 5 of 8 17 J'1 of the EAC in October of each year. The chairman shall preside at all meetings of the EAe. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (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 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting, (6) Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities ofthe EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCe. Page 60f8 17 J v (8) Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. (9) Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. (10) Appeal A. Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC and to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code is hereby repealed in its entirety. Page 7 of8 17J rt , . 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: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance 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 County, Florida, this _day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: Page 8of8 ORDINANCE NO. 2009- 17 J 1 (Q; (Q) [J;)) W fYDW1 cPO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic! Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) ofthe Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page 1 of8 . 17J ~1 NOW, THEREFORE, BE IT ORDAfNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8,06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCe, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being ofthe public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones, developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions oftffis the LDC. Page 2 of8 1....7J tc>' (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revIsmg, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this the LDC; H. Provide an opportunity for public comment on environmental Issues, ordinances, and programs; 1. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; K. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; Page 3 of8 17 J .'. M. Function as an environmental impact statement (ElS) review board pursuant to Chapter 10 of the LDC; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: I) no protected species or wetland impacts are identified on the site; 2) an ElS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07 of the LDC. Page 4 of 8 17J ~~" (4) Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by 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. 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 6 technical regular members and 3 non-technical regular members, and 2 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 BCe. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall Page 5 of8 17J perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (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 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting. (6) Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCe. (8) Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger Manager or designee, in the BCC's meeting room, third floor, building ifF," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. Page 6 of8 17 J I (9) Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. (10) Appeal A. Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC and to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code is hereby repealed in its entirety. 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. Page 7 of8 17 JI SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance 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 County, Florida, this Zto~ay of ~ ,2009. - '- ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: App ved as to form and 'e ciency: Page 8 of8 17 J 1 Acct #068784 May 12, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Environmental Advisory Board Ordinance Dear Legals: Please advertise the above referenced notice on Friday, May 15, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500099539 17 J .' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 26, 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 meeting will commence at 9:00 A.M, The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 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 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 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 will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings 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 lS 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 17J 1 the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /Teresa Polaski, Deputy Clerk (SEAL) Teresa L. Polaski 17J ,!'1 To: Subject: legals@naplesnews,com Environmental Advisory Board Ordinance Attachments: Relocating EAC 5-26-09,doc; Relocating EAC Ordinance,doc Legals, Please advertise the following Friday, May 15, 2009. Thanks Relocating EAC 5-26-09,doc (28.., Relocating EAC Ordinance.doc (.., Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 17J ~ Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, May 12, 2009 4:50 PM Teresa L, Polaski Delivery Status Notification (Relay) Attachments: ATT170817.txt; Environmental Advisory Board Ordinance I"!:,..C... '1 ~ ~:m"?1 L::J A TT170817.txt (231 B) Environmental Advisory Board 0.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Environmental Advisory Board Ordinance Page 1 of 1 1 7 J "1 Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews,com] Sent: Wednesday, May 13, 2009 1 :31 PM To: Teresa L, Polaski Subject: RE: Environmental Advisory Board Ordinance ok From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com] Posted At: Tuesday, May 12, 2009 4:49 PM Posted To: Legals - NDN Conversation: Environmental Advisory Board Ordinance Subject: Environmental Advisory Board Ordinance Legals, Please advertise the following Friday, May 15, 2009. Thanks <<Relocating EAC 5-26-09.doc>> <<Relocating EAC Ordinance,doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Polaski@collierclerk.com) Under Florida Law, e-mail addresses are public records, lfyou do not want your e-mail address released in response to a public records request. do not send electronic mail to this enti~v, Instead. contact this office by telephone or in writing. 5/1312009 17 Jf Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews,com] Wednesday, May 13, 20094:39 PM Teresa L Polaski Ad Confirmation Attachments: UAS627,jpg UAS627.jpg (85 KB) OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 26, 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 meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 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 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 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 will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings 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 3301 Tamiami Trail East, 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /Teresa Polaski, Deputy Clerk 1 (SEAL) May 15 Thank you for Date publication Ad Number Total Ad Cost Emely No1798821 17J f placing your ad. 05/13/09 NDN 1798821 $436.82 2 Teresa L. Polaski 17 J .1 From: Sent: To: Subject: Attachments: UAS62D,jpg (85 KB) Thank you for Date publication Account Number Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Wednesday, May 13, 2009 4:40 PM Teresa L. Polaski Ad Confirmation UAS62D,jpg placing your ad. 05/13/09 NDN 744107 1798821 $436.82 1 NOTICE OF INTENT TO CONSIDER ORDINANCE NotIce is hereby given that on Tuesda:y'. May 26. 2009. 10 the B.oardroom, 3rd Floor, Administration aUlIding. CoUler County Govf:!rnrnent Cent~r.3301 East Tamiarrll Trail. Naples. Florida. the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting 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. RELO- CATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE lAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF lA.WS AND OR- DINANCES BY REAOOPTING SAID CODE IN ITS EN- TIRETY AS A STANO-ALONE ORDINANCE WHllECON- CURRENTL V REPEALING SECTION 8.06.00 OF THE COLLIER COU~ny LAND DEVELOPf\AENTC()OE; PRO- VIDING FOR CONFUCTANO SEVERABILllY: PROVID- ING FOR INCLUSION IN THE CODE OF LAWS AND OR. DINANCES; AND PROVIDI NG FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are onflle with the Clerk to the Board and are available fOr inspec- tion. All interested parties are inv'lted to attend and be heard. N orE: All persollS wishing to Spegk on an)' agenda item must register with the County adminiStrator prior to presentation of theag~nda item to be ad- dressed. Ind"rVidual speakers wi.ll be limited to 5- minutes onany item. The sel~tlon of an individual to speak on behalf of.a.n organization orgroup is encouraged. If reco.gnized by the Cha'lrman. a spokesperso.n fe>r a group or orgaflization may be allotted 10 minutes to speak on an Item. Persons wishin9 to have written or gra.phic ma- terials 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 become a perman~nt part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pf:!rtaining thereto and therefOre. may need to en- sure that a verbatim re.cord 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 whoneeds any accommodation in order topartic1pate in this pro- ceed ing; you are entitled, at no cost to you. to the provision of certain assistance. Please contact tI1e Collier County Facilities Management De Rartment. located at 3301 Tan"liami Trail East. BUIlding W. N~ples. Florida 34112. (239) 252-8380. Assisted Iis- tehlr'lg devices far the hearing ImpaIred are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E.BROCK. CLERK By: /Teresa polaski, Deputy Clerk (SEAL) May 15 Nol798821 17J J Nap es Daily News Nap es, FL 34102 Affidavit of Publlcat~on Naples Daily News - - - - - - ~ - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - ~ - BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59576699 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Dai~y News is a newspaper published at Naples, In said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/15 05/15 17J I t AD SPACE: 154 LINE , FILED ON: 05/15/0~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - -fY1-~- - - - - - - t- - - - - - - - - - - - - - - - - - - . - - - - - Signature of Afflant _.__j~ ~ Sworn to and Subscribed before me this \ C( day of '--('no. t 2 CXY1 .' -1- Personally known by me l" \'0,'1--\ ~ CL(Y)4-00"Lc.J::.~,( "':"~~";>" CHANEL h MCD.j',1!\i.., !:~~,-r,E.~(~~~ Commission DO 650'~?':' ~':i"~/,,,} Expires June 29,2011. ,. 'i'" "."!;./... ,''o''\.'~ <)'-''''1Pri ':''''."1) 1,,,'1 F:w: !nSllliJf1'"b 88\1",.lP.,_ I,,' ("J8;:I\~"\'I' r;",.'." \ ...,. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl'- 7 J TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throUlzh routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-26-09 5. Sue Filson, Executive Manager Board of County Commissioners , 6. Minutes and Records Clerk or Court's Office PRIMARY CONTACT INFORMATION (The primary contaet is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400 Contact Agenda Date Item was 5-26-09 Agenda Item Number 17-J Approved by the BCC Type of Document Ordinance (8.06.00) 04/~v Number of Original One Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is a TO riate. 1. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 5-26-09 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26.05, Revised 2,24.05 04-COA-01190/1 185 17J E~ ORDINANCE NO. 2009-----12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTL Y REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/ Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page 1 of8 17 Jt NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones, developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions ofthi-s the LDC. Page 2 of8 17 J i~li (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revIsmg, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this the LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; K. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; Page 3 of8 17 J~' M. Function as an environmental impact statement (EIS) review board pursuant to Chapter 10 ofthe LDC; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: I) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07 of the LDC. Page 4 of8 17J ~:'111 (4) Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by 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. 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. e. 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 6 technical regular members and 3 non-technical regular members, and 2 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 BCe. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCe. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting ofthe EAC in October of each year. The chairman shall preside at all meetings of the EAe. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall Page 5 of 8 17 J 'r~ perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (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 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting. (6) Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities ofthe EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCe. (8) Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger Manager or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. Page 6 0[8 17J ~,:,~ (9) Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. (10) Appeal A. Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC and to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light ofthe recommendations of the EAC. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code is hereby repealed in its entirety. 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. Page 7 of8 17 J ~. SECTION FOUR: Inclusion in the Code of Laws and Ordinances, The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance 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 County, Florida, this 4.~ay of ~ ,2009. - " ~By: . ~. ....\Q.. I.."" .,!,> , -c BOARD OF COUNTY COMMISSIONERS COLLIER if TY, FLORID~ -I- ~. By: ~,. ~;-& DONN FIALA, CHAIRMAN ATTEST: DWIGHTE. "BROCK, CLERK , Page 80f8 17J STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-32 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 2009. DWIGHT E. BROCK j , . , Clerk of Courts, and Cl:"e'rk Ex-officio to ~oa~d of County Commissioners ~~ By: Martha Vergara, Deputy Clerk