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Ordinance 2009-33 ~ \tt\l~t~ j\.l~ 20\)9 ORDINANCE NO. 2009-..J.,L r--; ~\ AN ORDINANCE OF THE BOARD OF COUNTY.. ij) J COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~'!/ RELOCATING THE HISTORIC/ARCHAEOLOGIC ,-',......~o// PRESERVATION BOARD ORDINANCE FROM THE LAND ':""~);:f:Z7..1.~~ DEVELOPMENT CODE INTO THE COLLIER COUNTY ------.:::..::--. CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A ST AND-ALONE ORDINANCE WHILE CONCURRENTL Y REPEALING SECTION 8.07.00 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. ..., '...J..... , ..) 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 Historicl 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 ..~ag~L!.'f 6_________.. decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.07.00 (Historic! Archaeologic Preservation Board) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby created a Historic! Archaeological Preservation Board ("Preservation Board,") which shall serve as an advisory board to the BCC for Collier County, Florida. The Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in the County, as set forth by this LDC, under the direct jurisdiction and control of the BCC. (2) Powers and Duties The Preservation Board shall have the following powers and duties: A. To propose rules and procedures to implement the provisions of this section to the BCC; B. To create a map delineating the areas of archaeological and historical significance which shall be subject to approval, by resolution, of the BCC. This map shall be known as "The map of Areas of Historical Archaeological Probability" and shall be completed within I year from the date of the first meeting of the Preservation Board; C. Maintain and update the map of Areas of Historical Archaeological Probability at intervals not to exceed 5 years. All subsequent changes to the map shall be subject to approval by the BCC; D. To designate specific sites, structures, districts, buildings, and properties as historically and or archaeologically significant in accordance with section 2.03.07 E. of the Collier County Land Development Code; E. To seek assistance and advice on technical related matters requmng professional expertise; 20f6 F. To maintain a master file of sites, districts, structures, buildings, and properties designated as historically significant; and maintain a separate master file of sites designated as archaeologically significant; G. To prepare and recommend to the BCC financial and technical incentive programs to further historic and archaeological preservation; H. To increase the awareness of historic and archaeological preservation and its community benefits by promoting public education programs; 1. To apply for, in the name of the County only, grant assistance from state, federal, or private sources for the purpose of furthering historic and archaeological preservation subject to approval of the BCC; J. To review the appropriateness of applying for the designation as a certified local government (36 C.F.R. 961 (2001)) on behalf of the County; K. Upon the County's designation as a certified local government, to review and make recommendations concerning National Register of Historic Places nomination proposals to the Florida review board; L. To identify criteria for determining the potential location of historical archaeological sites which shall be used by project review services during site inspection; M. To design an application for the certificate of appropriateness; N. To issue certificates of appropriateness based on criteria outlined in the U.S. Secretary of the Interior's "Standards for Rehabilitation" 36 C.F.R. 9 67 (2001), as amended, and incorporated by reference herein; O. To design an application for an historical archaeological survey and assessment waiver request; P. Review appeals for historical archaeological survey and assessment waiver requests denied by the County Manger or designee; Q. To design an application for designation of specific sites, districts, structures, buildings, and properties as historically archaeologically significant; and R. To perform any other function or duty assigned by the BCC. (3) Membership A. Appointments. The Preservation Board shall consist of 7 members appointed by the BCC. Each member of the Preservation Board shall hold office only so long as he or she is a Page 3 of6 resident of Collier County, Florida. Appointments shall be made by resolution of the BCC on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. B. Qualifications. The BCC shall appoint I member from each of the following categories: 1. History; 2. Archaeology; 3. Real estate, land development, or finance; 4. Architecture, engineering, building construction, and landscape architecture; and 5. Law or urban planning. The 2 remaining positions shall be filled by citizens at large. C. Term. All appointments shall be made for 3 years. A Preservation Board member shall be eligible for reappointment, but shall be limited to 2 consecutive terms. D. Officers. The members of the Preservation Board shall elect a chairman and a vice- chairman for a I year term each. The chairman shall preside at all meetings and shall have the right to vote. The vice-chairman shall preside in the absence of the chairman. The chairman and vice-chairman may be reelected for an additional I year term each, but may not serve for more than 2 consecutive years. E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCC. A member of the Preservation Board shall be automatically removed if he is absent from 2 consecutive meetings without a satisfactory excuse or, in the alternative, if he is absent from more than 1/4 of the meetings in a given fiscal year, provided that the Preservation Board has met at least 8 times in the given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75 percent of the meeting. F. Vacancy. The BCC shall fill the vacancy by appointment. (4) Compensation Members of the Preservation Board shall serve without compensation. (5) Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Page ~ ~!.~.__..__........ . Board. Regardless of the lack of pending business, the Preservation Board shall meet at least 4 times during any calendar year. B. All meetings ofthe Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community. The ad may be placed where other legal notices appear. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.07.00 (Historic!Archaeologic Preservation Board) 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. 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. Page 5 0[6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of \-\0,..&...\ ,2009. \ ATTEST:' DWIGlU E.BROCKI CLERK ,,", ."1 ''j~. .n u "i .... . . . .' , '.', ", . Attest .':t'o. tII" Ii..... .." BOARD OF COUNTY COMMISSIONERS COLLIER CO}.<NTY, FLORIDA 0'1 j //, d'- ~ I;' , , r.... By: ".r,~t-::.--Yr'.~ < :.L.d~ DONNA FIALA, CHAIRMAN This ordinance filed with th~ ~~tary of State's Office the ~.. day of .ju_~, _~ a,n,d aCkno.wredgp.me~ thot f.',ng ec~,ved this day of L q Page 60f6 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 2009-33 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 Clerk of Courts and Clerk Ex-officio to ~9"ar~n6f;,.. County Commiss~6ners .. , By: Martha Deputy <)