29E-1.004: Membership and Voting Privileges
29E-1.005: Term and Compensation of Members
29E-1.006: Powers
29E-1.007: Officers
29E-1.008: Executive Committee
29E-1.009: Staff
29E-1.010: Office
29E-1.011: Meetings
29E-1.0121: Committees
29E-1.013: Budget
29E-1.014: Finances
29E-1.016: Procedure for Presentation to Council
PURPOSE AND EFFECT: Changes in the Withlacoochee Regional Planning Council Bylaws.
SUMMARY: Representation on the Withlacoochee Region Board of Directors will be changed. Population thresholds which control representation will be increased with the result that the number of Board Members of the Withlacoochee Regional Planning Council will be reduced to thirty. Other minor changes to the current Bylaws.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 112.061, 120.53, 160.04, 160.06, 163.01, 286.011, 380.06 FS.
LAW IMPLEMENTED: 112.061, 120.53, 160.04, 160.06, 160.07, 163.01, 286.011, 286.26, 380.06 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 17, 2008, 7:00 p.m.
PLACE: Offices of the Withlacoochee Regional Planning Council, 1241 S.W. 10th Street, Ocala, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael R. Moehlman, Executive Director, Withlacoochee Regional Planning Council
THE FULL TEXT OF THE PROPOSED RULE IS:
29E-1.004 Membership and Voting Privileges.
(1) The membership of the Withlacoochee Regional Planning Council is open to Citrus County, Florida; Hernando County, Florida; Levy County, Florida; Marion County, Florida; and Sumter County, Florida and municipalities located in any of the member counties pursuant to the formulas established in subsections 29E-1.004(2), (3), (4), F.A.C.
(2) Each county member for the Council shall have two (2) representatives one (1) representative for the first 125,000 50,000 in population, and one (1) representative for each additional 75,000 50,000 in population or increment thereof. The population of individual municipalities which are members of the Council and have over 40.000 25,000 in population will be deducted for representation purposes from their respective county population.
(3) Municipalities of 40,000 25,000 or more in population will have one (1) representative for the first 50,000 in population, and one (1) representative for each additional 50,000 in population or increment thereof.
(4) Municipalities of less than 40,000 25,000 in population within a member county will have a joint representative who shall be selected by all member municipalities within their respective counties.
(5) The representative to the Council from each member local government shall be the elected chief representative of said local government or a member of its governing body chosen by such body to be its representative.
(6) The Governor of the State of Each county in the region shall have a minimum of one appointment by the Governor.
(7) For the conducting of all Council business, each representative shall have one (1) vote.
(8) The member governments and the Governor shall be encouraged to appoint minorities in proportion to the percentage of minorities in the region.
Specific Authority 160.04, 160.06, 163.01 FS. Law Implemented 160.04(2), 160.04(3), 163.01(5) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.05, Amended________.
29E-1.005 Term and Compensation of Members.
(1) Representatives to the Withlacoochee Regional Planning Council shall serve the following terms:
(a) Municipality (over 40,000 25,000 population) and County appointed representatives shall serve a three (3) year term.
(b) Joint representatives of municipalities within each county shall serve a one (1) year term.
(2) Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment.
(3) Representatives shall serve without compensation but shall be entitled to be reimbursed for traveling expenses as provided for in Section 112.061, F.S.
Specific Authority 112.061, 160.04, 160.06, 163.01 FS. Law Implemented 112.061(9), 160.04(2), 160.04(3), 163.01(5) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.05, Amended________.
29E-1.006 Powers.
The Council shall exercise all powers granted to regional planning councils, or regional planning agencies by Chapters 23, 160, 163, Section 403.723, F.S., together with such other powers as may now or hereafter be vested in it by law, including but not limited to the following:
(1) Adopt rules of procedure for the regulation of its affairs and the conduct of its business.
(2) Adopt an official name and seal.
(3) Maintain an office at 32670, or at such place or places within the region as the Council may designate.
(4) Employ and to compensate such personnel, consultants, and technical and professional assistants as it shall deem necessary to exercise the powers and perform the duties of the Council.
(5) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers.
(6) Hold public hearings and sponsor public forums in any part of the regional area whenever it deems it necessary or useful in the execution of its other functions.
(7) Sue and be sued in its own name.
(8) Fix and collect charges, rates, rents, or fees, where appropriate, pursuant to the duties and responsibilities of the Council.
(9) Accept and receive funds, grants and service from the federal government or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.
(10) Receive and expend sums of money from any source and to act as an agency to expend funds for any lawful purpose.
(11) Act in an advisory capacity to the constituent local governments in regional, metropolitan, county and municipal planning matters and other matters concerning the acquisition, planning, construction, development, financing, control, use, improvement, and disposition of lands, buildings, structures, facilities, goods or services in the interest of the public, or for public purposes involving the expenditure of public funds.
(12) Cooperate, in the exercise of its planning functions, with federal and state agencies in planning for disaster preparedness.
(13) To select and appoint such advisory bodies as the Council may find appropriate for the conduct of its activities.
(14) Own, erect, construct, reconstruct, build, sell, purchase, lease, sub-lease, lease with option to purchase, and maintain any lands, buildings, structures, facilities and premises, and to dispose of in any lawful manner any and all property, real and personal, owned by the Council.
(15) To borrow money, incur debts and liabilities, pledge Council assets, mortgage and encumber Council property.
(16) Conduct studies of the regions resources.
(17) Participate with other governmental agencies, educational institutions, and private organizations in the coordination or conduct of its activities.
(18) Enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the region which the Council finds feasible to perform.
Specific Authority 160.06, 163.01 FS. Law Implemented 160.06, 160.07, 163.01(5), 380.06(8), 380.06(11), 380.06(22) FS. History New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.06, Amended________.
29E-1.007 Officers.
The officers of the Council and their terms and duties shall be as follows:
(1) A Chair Chairman, who shall preside at meetings of the Council; sign as authorized by the Council, any contracts or other instruments which are deemed to be in the best interest of the Council; and perform such other duties incident to the office as may be prescribed by the Council.
(2) A Vice Chair Chairman, who shall act in the Chairs Chairmans absence. The Vice Chair Chairman shall perform such other functions as the Council shall, from time to time, assign.
(3) A Secretary, who shall be responsible for such duties as may be assigned by the Chair Chairman or the Council. The Secretary shall act in the absence of the Chair Chairman and Vice Chair Chairman.
(4) No two or more officers as provided for herein shall be from the same county.
(5) There shall be an annual meeting for the election of officers in December each year.
(6) Officers elected at the annual meeting shall assume office effective on the date of the first meeting of the following year and shall serve for a term of one (1) year or until their respective successors have been elected.
(7) Any officer may be reelected for an additional term or terms.
(8) Vacancies in the office shall be filled by majority vote of the Council for the remainder of the unexpired term.
(9) The officers of the Council shall perform the duties herein described as well as those duties customarily performed by the holders of such offices as set forth in Roberts Rules of Order.
Specific Authority 160.06, FS. Law Implemented 160.06(1) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.07, Amended________.
29E-1.008 Executive Committee.
There shall be an Executive Committee of six (6) Council representatives, consisting of the Chair Chairman, Vice Chair Chairman, Secretary and three (3) members designated by the Council. The Executive Committee must include a representative living in each member county and a proportional number of Governors appointees and minorities. The past Chair Chairman of the Council shall also sit as an ex-officio, non-voting member of the Executive Committee.
(1) The Executive Committee shall normally handle routine administrative matters, and shall also act for the Council when necessary to meet any emergency or to deal with any matters when it would be impracticable or inconvenient to convene a meeting of the full Council.
(2) The Executive Committee may carry out any of the powers of the Council except with regard to the appropriation of funds or the modification of previously established assessments.
Specific Authority 160.04, 160.06, FS. Law Implemented 160.04(3), 160.06(1) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.08, Amended________.
29E-1.009 Staff.
The Council shall appoint an Executive Director who shall employ other personnel in accordance with the Council Staffing Plan and compensate such personnel in accordance with the Council Pay Classification Plan.
(1) The Executive Director shall be responsible to the officers, the Executive Committee and the Council for supervising and administering the work program of the Council and the clerical and technical employees of the Council.
(2) The Executive Director shall act as Assistant to the Secretary of the Council and shall be responsible for the preparation of the minutes of each meeting and be responsible for distributing copies to members of the Council and shall perform such other duties as the Council may direct.
Specific Authority 160.06 FS. Law Implemented 160.06(4), 286.01(2) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.09, Amended________.
29E-1.010 Office.
The Council shall establish an office at 32670, or such other place or places within the region as may be authorized by the Council, to house its Executive Director and staff and to serve as headquarters for its functions.
Specific Authority 160.06 FS. Law Implemented 160.06(3) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.10, Amended________.
29E-1.011 Meetings.
Meetings of the Council shall be open to the public and held at regular intervals.
(1) Regular meetings of the Council shall be held on the days and times established by the Council.
(2) There shall be an annual meeting for the election of officers during the month of December each year.
(3) Special meetings may be called by the Chair Chairman or by the Executive Committee at any time and place upon five (5) days written notice to the members of the Council.
(4) A simple quorum for a full Council meeting shall be one-third of the full Council, representing at least three (3) counties. A majority quorum for a full Council meeting shall be a majority of the full Council, representing at least three (3) counties. A quorum for an Executive Committee meeting shall be the attendance of voting representatives from at least three (3) counties.
(5) All official meetings of the Council shall be open to the public as required by the Florida Sunshine Law, Chapter 286, F.S., and shall meet the requirements of the applicable sections of the Florida Administrative Procedures Act, Chapter 120, F.S.
Specific Authority 120.53(1), 160.06, 286.011 FS. Law Implemented 120.53(1), 160.06(1), 160.06(6), 286.011(1), 286.26 FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.11, Amended________.
29E-1.0121 Committees.
(1) The Chair Chairman, with the advice and consent of the Council, may appoint such Council subcommittees, citizen advisory committees or technical advisory committees as are deemed necessary to carry out the purposes and objectives of the Council.
(2) Members of citizen advisory committees shall serve without compensation but shall be entitled to be reimbursed for traveling expenses as provided for in Section 112.061, F.S., up to the amount of money budgeted for that expenditure within the Council Annual Budget.
Specific Authority 160.06 FS. Law Implemented 160.06(18) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.121, Amended________.
29E-1.013 Budget.
(1) The Council shall prepare an a tentative annual budget and shall forward copies of same to the governing bodies of member governmental units at least three (3) weeks prior to the adoption of a final budget of the Council.
(2) The budget may be amended from time to time by action of the Council.
Specific Authority 160.06, 163.01 FS. Law Implemented 160.0691, 160.06(4), 160.08(8), 160.06(9), 160.06(12), 160.06(13), 160.06(14), 160.06(19), 163.01(5), 163.01(7), 163.01(10) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.13, Amended________.
29E-1.014 Finances.
Each county represented on the Council shall appropriate funds on a per capita basis for the purpose of carrying out the powers, duties, and responsibilities of the Council.
(1) The above mentioned per capita appropriation shall be based upon the most current annual population estimates of the Department of Administration, State of
(2) The appropriation shall not exceed fifty (50) cents per capita of the population of each constituent county.
(3) The per capita appropriation of each member county shall be paid quarterly commencing October 1st of each budget year 1973, unless said per capita appropriation is modified or amended by a majority three-fifths (3/5) vote of the Council, and approved by the Board of County Commissioners of all member counties.
Specific Authority 160.06, 163.01 FS. Law Implemented 160.06(9), 160.06(12), 163.01(5) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.14, Amended________.
29E-1.016 Procedure for Presentation to Council.
(1) Chair Chairman participation. The presiding Chair Chairman shall not be deprived of any rights and privileges of a Council member by reason of being the presiding Chair Chairman but may move or second a motion only after the gavel has been passed to the Vice Chair Chairman or another member of the Council.
(2) Debate and discussion. The Chair Chairman shall preside over debates and discussions of matters before the Council.
(3) The question. Upon the closing of debate the Chair Chairman shall call the question by voice or roll call vote. Any member may give a statement or file a written explanation of his vote.
(4) Presentation to the Council.
(a) Agenda items shall be considered in the order in which they have been listed except that for good cause stated in the record, items on the agenda may be considered out of their stated order with the approval of the person designated to preside.
(b) The person designated to preside may make specific changes or add items not on the agenda after it has been made available for distribution only for good cause shown and stated in the record.
(c) Any person desiring to speak before the Council shall be required to state his name, address, the person represented or on whose behalf the person appears.
Specific Authority 120.53(1), 160.06 FS. Law Implemented 120.53(1), 160.06(1) FS. HistoryNew 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.16, Amended________.
