Ordinance 2009-35
ORDINANCE NO. 2009-22-
INANCE OF THE BOARD OF COUNTY COMMISSIONERS. OF '
R COUNTY, FLORIDA, AMENDING THE COLLIER COtJNTY~/
ING COMMISSION ORDINANCE BY REQUIRING TIlAT
IDATES FOR THE PLANNING COMMISSION MUST ~E
NATED BY THE COMMISSIONER OF THE DISTRICT IN WHICH
HE CANDIDATE RESIDES FOR BOTH INITIAL AND SUBSEQUENT
TERMS AND DELETING THE PROVISION REGARDING TERM LIMITS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Collier County Ordinance No. 2009-29 sets forth the establishment, powers
and duties of the Collier County Planning Commission; and
WHEREAS, the Board finds that it is in the public interest to require that candidates for
the Planning Commission must be nominated by the Commissioner of the District in which the
candidate resides for both initial and subsequent terms.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION (2) OF ORDINANCE NO. 2009-29.
Section (2) is hereby amended to read as follows:
(2) Membenhip
...*.
B. Appointment. The Planning Commission shall be composed of 9 members to be
appointed by the BCC. Candidates for the Planning Commission must be nominated by the
Commissioner of the District in which the candidate resides for both initial and subsequent
terms. All reappointments to the Planning Commission shall be made so as to achieve the
following geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No.1.
3. Two members: County Commission District No.2.
4. Two members: County Commission District No.3.
5. Two members: County Commission District No.5 (one from Immokalee).
6. One member: Appointed by the school district.
Words Underlined are added; Words SkNek Thraagh are deleted.
Page 1 00
C. Term. Each appointment or reappointment shall be for a term of 4 years. Each
appointment and reappointment shall be made so that the terms of any 2 members from a single
commission district shall not expire in the same year. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office.
D. Re6lfJfJ6illtme1tt. .A,. member may be rea~~ointed by the BCC for oaly 1 sueeessh'e term,
unless thefe are 110 other qualified applieaats fer the member's position. l\ppomtmeBts 10 fill aay
V8eaaey OB the PlamHBg CommissioB shall be for the remainder of the 1:1.l1:expirt'ld term of offiee.
B D. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
JO. E. Ofjicers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion 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 THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
Words Underlined are added; Words Struek ThraYgR are deleted.
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this'3fuday of TuV'\~ ,2009.
ATTEST:,\,,',j" J:Fi'1I)~'.
DWIGIq'-E: BROcK;.C~ERK
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By:
AtteltJ..;:,W:, .
11......"'..' ~'
. ( .
. Clerk
,
BOARD OF COUNTY COMMISSIONERS
COLLfER/iIJNTY, FLORIDA _
By: ^f~ .d~
DONNA FIALA, CHAIRMAN
ThIs OrdInance filed wlff1 the
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andockMwledgem?,J ~ that
filjru:lt:-t~e~...ed ~~- day
of -0lKlC.~ ~
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o..outy C"'__
Words Underlined are added; Words Struek ThrallgR are deleted.
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STATE OF FLORIDA)
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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 2009-35
Which was adopted by the Board of County Commissioners
on the 9th day of June, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th
day of June, 2009.
DWIGHT E. BROCK
Clerk of Courts an~Clerk
Ex-officio to Board of
County Commissioners
[luu ~OC".~-
By: Ann Jennejohn,
Deputy Clerk