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Ordinance 85-51I ECEIVED ORDINANCE NO. 85" AN EMERGENCY ORDINANCE ESTABLISHING THE COLLIER COUNTY PLANNING COMMISSION (CCPC); PROVIDING FOR CREATION AND JURISDICTION OF THE CCPC; PROVIDING FOR COMPOSITION; PROVIDING FOR INITIAL APPOINTMENTS AND REAPPOINTMENTS OF MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE AND FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES UPON AUTHORIZATION; PROVIDING FOR LOCATION OF MEETINGSt PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE CCPC; PROVIDING FOR REPEAL OF ORDINANCE NO. 76-29; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DECLARATION OF EMERGENCY AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF G~UNTY~C~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: m c~ SECTION ONE: Creation of the Collier County Planninq ~ ~ C~ ~ommission; Jurisdiction. ~ -~ There is hereby created the Collier County Planning Commission (hereinafter referred to as the "CCPC") which shall consist of nine (9) members appointed by the Board of County Commissioners. The geographic Jurisdiction of the CCFC shall De the unincorporated area of Collier County, Florida. SECTION TWO: Composition of the CCPC. Members of the CCPC shall be permanent residents and electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of board members shall be made so as to provide the CCPC with the needed technical, professional, busines~ and/or administrative expertise to accomplish the duties and functions of the CCPC as set forth in this Ordinance. The appointment of all members to the CCPC shall be by resolution of the Board of County Commissioners. ' (a) Initial Appointments. Initial appointments to the CCPC shall be made by selection from those members and/or alternates serving on the Coastal Area Planning Commission 247 and those members and/or alternates serving on the I,.m,okalee Area Planning Commission immediately prior to the effective date of this Ordinance. The Board of County Commissioners shall designate seven (7) members from the regular members and/or alternates of the Coastal Area Planning Commi~sion and two (2) members from the regular members and/or alternates of the Immokalee Area Planning Commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the CCPC, the Board shall request and accept applications from the general public to complete the initial appointment of members to the CCPC. Initial members shall be appointed and designated pursuant to resolution of the Board of County Commissioners. (b) Reappointments. All reappointments to the CCPC shall be made so as to achieve the following geographical distribution of membership: One member - County Commission District No. 4 (City of Naples) Two members - County Commission District No. 1 (Marco and East Naples) Two members - County Commission District No. 2 (North Naples) Two members - County Commission District No. 3 (Golden Gate) Two members - County Commission District No. 5 (Immokalee) SECTION THREE: Terms of Office. The initial terms of office of the CCPC shall be as follows: (a) Three (3) members shall be appointed for a term of two (2) years. (b) Three (3) members shall be appointed for a term of three (3) years. (c) Three (3) members shall be appointed for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each appointment and reappointment shall be mado so that tho terms of any two (2) members from a single Commission District shall not expire in the same year. At the first official meeting of the CCPC, the members of the CCPC shall decide, by mutual consont, and thereafter recommend to the Board of County Commissioners a term fo~ each of the members that shall address the requirements of SECTION TWO and SECTION THREE of this Ordinance. After consideration and approval of the recommendation of the CCPC, the Board of County Commissioners may set forth the recommendation in the form of a resolution. In the event that terms cannot be recommended for any reason, the Board shall adopt such resolution as it deter- mines to be appropriate. The resolution adopted by the Board shall set forth the date of appointment, term and district for each member appointed. A member may be reappointed by the Board of County Commis- sioners for only one (1) successive term, unless there are no other qualified applicants for the member's position. Appoint- ments to fill any vacancy on the CCPC shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal from Officel Failure to Attend Meetinqs. (a) Any member of the CCPC may be removed from office by a four-fifths (4/5tbs) vote of the Board of County Commissioners, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within thirty (30) days of the date on which the vote is taken. (b) If any member of the CCPC fails to attend two (2) consecutive CCPC meetings without cause, the CCPC shall declare the member's office vacant and the vacancy shall be filled by the Board of County Commissioners. SECTION FIVE: Officers~ Qqprum~ Rules of Procedure. (a) At its earliest opportunity, the membership of the CCPC shall elect a chairman a~d vice chairman from a~ong the members. Officers' terms shall be for one (1) year, with eligibility for re-election. 3 (b) The presence of five (5) or more members shall constitute a quorum of the CCPC necessary to take action and transact business. In addition, an affirmative vote of five (5) or more members shall be necessary in order to take official action, regardless of whether five (5) or more members of the CCPC are present at a meeting. (c) The CCPC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and ~hall keep a record of meetings, resolutions, findings and determinations. The CCPC may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. SECTION SIX: Compensation. The members of the CCPC shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the Board of County Commis- sioners. ~ECTION SEVEN: Location of Meetinqs. In order to provide convenience and promote public partici- pation, at least one of every four meetings of the CCPC shall be held in the Immokalee area, but only when matters pending before the CCPC concern or address Immokalee area planning considera- tions. Meetings in Immokalee shall be held at thc Immokalee Courthouse, 101 South First Street, Immokalee, Flo~-ida. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the CCPC or Board of County Commissioners. SECTION EIGHT: Functions~ Powers and Duties of the CCPC. The functions, powers and duties of the CCPC shall be those authorized for Planning Commissions as set forth in Chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said Chapter has been or may be amended. 4 SECTION NINE: Repeal Collier County Ordinance No. 76-29 is hereby repealed as of the .ffective date of this Ordinance. SECTION TEN: Conflict and Severabili%y. In the event this Ordinance conflicts with ans- other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this 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 ho3ding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective Date. This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/Sths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24th day of September, 1985. A~/'oved"h ~orm ~nd legal sufficiency: Kenneth B. Cuyle~ -- Assistant County' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREDE~CK J. VOSS, Chairman ! STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circ'uit, Collier County, Florida, do hereby certify that the foregoing is a true original of~ ORDINANCE 85-51 which wa~' adopted by the Board of County Commissioners via emergency procedures during Regular Session on the 24th day of September, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of September, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Boardsof '1 ] /~/~, County Commissioner Deputy Clerk ..'