Ordinance 2009-36
~'l-62.7~.~~ "
~, -cI~
ff ~~r:rt~'~~ :..
::Y \\,. .. .... (\. ~
N ' .,!~~ Coo) ORDINANCE NO. 2009-~
,0 ~ A
\N or
\(-~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF'
\'~.9 IER COUNTY, FLORIDA, AMENDING THE ENVIRONMENTAL
~$Lt>l€L't\.\\: VISORY COUNCIL ORDINANCE BY (1) REDUCING THE
MEMBERSIDP FROM 9 TO 5 REGULAR MEMBERS AND THE
ALTERNATE MEMBERS FROM 2 TO 1; (2) REDUCING THE TECHNICAL
MEMBERSIDP 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 County Ordinance No. 2009-32 sets forth the establishment, powers
and duties of the Environmental Advisory Council; and
WHEREAS, the Board fmds that it is in the public interest to reduce the number of
members of this Council 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) Membenhip
A. Appointment. NiBe Five regular members and ~ 1 alternate members of the EAC shall be
appointed by. and serve at the pleasure of, the BCC. The Aaltemate members will be requested
to attend meetings when regular members have notified staff that they will be absent. The
Awternate 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.
Words Underlined are added; Words Stmek Thr-eagh are deleted.
Page 1 of3
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 J. technical regular members and ~ 2. non-technical regular
members. and ~ 1 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 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 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.
Words Underlined are added; Words Stmek Thr<lagh are deleted.
Page 2 00
SECTION 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 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 DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this9d:bday of Tvnc.- .2009.
ATTEST:
DWIGHT E. aROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
",~'";i . .m :....,. .
~,~\"\'~;" '~~'~"''-:~?:\
By: ~ ~~.
DO A FIALA. CHAIRMAN
By:
AUtR,..
11.,,~'" ~,"{..'"
. /! ~ - :- - . . . . -"" (' \~~~):,
:)~:}:H~-:3\;~:j
to form
ow, County Attorney
Words Underlined are added; Words SH'uek Thr~l:lgh are deleted.
Page 3 of3
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 2009-36
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 and Clerk'
Ex-officio to Board of
County Commissione.rs
l\mL ~.L':
By: Ann Jennejohn,
Deputy Clerk
"
".
.
"
..,
.>
".'
--