Changes in the Southwest Florida Regional Planning Council Bylaws.

 

REGIONAL PLANNING COUNCILS
Southwest Florida Regional Planning Council

RULE NO: RULE TITLE
29I-1.001: Name and Scope
29I-1.002: Purpose
29I-1.003: Staff Functions; General Description
29I-1.004: Council Membership and Appointments, Term of Service, Vacancies, Removal from Office
29I-1.005: Officers, Term, Duties, Committees
29I-1.006: Conduct of Meetings
29I-1.008: Responsibilities and Authority
29I-1.010: Information Requests
PURPOSE AND EFFECT: Changes in the Southwest Florida Regional Planning Council Bylaws.
SUMMARY: Revisions to the Council purpose, membership and appointment, and the conduct of meetings. 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: 120.53, 160.02, 163.01, 186.505, 186.509, 380.06 FS.
LAW IMPLEMENTED: 119.01, 120.53, 160.02, 163.01, 163.02, 186.501, 186.502, 186.503, 186.505, 186.509, 380.06, 380.07 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 6, 2009, 1:30 p.m.
PLACE: Offices of the Southwest Florida Regional Planning Council, 1926 Victoria Avenue, Fort Myers, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mrs. Deborah Kooi at [phone], ext. 210. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Kenneth Heatherington at [phone], ext. #222

THE FULL TEXT OF THE PROPOSED RULE IS:

29I-1.001 Name and Scope.

The name of this agency is the Southwest Florida Regional Planning Council (SWFRPC, or “Council”), a voluntary association of counties and cities formed as of November 8, 1973, under the laws of Florida and comprising the 9th Comprehensive Regional Planning District as provided for by Part I of Chapter 23 of the Florida Statutes and Rule 22E-1.001 of the Administrative Regulations of the State of Florida.

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 163.01, 380.06(7)(a), (b), 380.06(8), 380.07 FS. History–New 2-9-76, Formerly 29I-1.01, Amended_________.

 

29I-1.002 Purpose.

(1) Purpose. The purposes of the Southwest Florida Regional Planning Council shall be:

(a)(1) To provide a means to permit local governmental units to make the most efficient use of their powers to cooperate for mutual advantages in order to provide services and facilities that will accord best with geographic, economic, social, land use, transportation, public safety resources and other factors influencing the needs and development of local communities within Planning District No. 9;

(b)(2) To serve as a regional coordinator for the local governmental units comprising the planning district;

(c)(3) To exchange information on and review programs of region concerns;

(d)(4) To promote communication between the local governments for the conservation and compatible development of the Southwest Region;

(e)(5) To cooperate with Federal, State and local government and non-government agencies to accomplish regional objectives; and

(f)(6) To do all things authorized for a Regional Planning Agency under Chapters 163, 186 and 380 of the Florida Statutes, and other applicable Florida, Federal and Local Laws, rules and regulations.

(2) Mission. It is the mission of the Council:

To work together across neighboring communities to consistently protect and improve the unique and relatively unspoiled character of the physical, economic and social worlds we share for the benefit of our future generations.

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 160.02, 163.02, 380.06(7), 380.07(2) FS. History–New 2-9-76, Amended 7-18-82, Formerly 29I-1.02, Amended 5-7-92,________.

 

29I-1.003 Staff Functions; General Description.

(1) The Council shall appoint an Executive Director who shall have the responsibility for the general management of the affairs of the Council, subject to the governing laws of the State and such regulations as may be adopted by the Council.

(1) The Executive Director shall annually prepare a budget for the Council and transmit the Council’s budget request to the member governmental units.

(2) The Executive Director shall be responsible for the general management of the Council’s office, for assisting the Secretary of the Council in the recording and maintenance of Council minutes and other documents of record, for any moneys received on behalf of the Council, for the keeping of financial statements in such form and in accordance with such procedures as shall be required by the Treasurer.

(3) The Executive Director may appoint and discharge any employee or subordinates in accordance with the policies Regulations Personnel of the Council and applicable Federal and Florida Statutes and regulations, and shall fix their compensation within such limits as may be provided by the approved Council budget. employee salary and wage schedule, and

(4) The Executive Director may make agreements on behalf of the Council in performing the duties entrusted to him and. The Executive Director shall attest all necessary instruments.

(2) The following are the general services performed by the Staff:

(a) Information Services. Maintain and provide at reasonable cost to the requestor, information to assist in regional issue decision making.

(b) Regional planning, review, coordination, analysis and comment for the Local, State and Federal governments including the functions generally stated by the Policies of the Council in Chapter 29I-2, F.A.C., hereof and specifically the Regional Planning Agency responsibilities:

1. For processing Applications for Developments of Regional Impact (DRI’s) pursuant to Chapter 380 of the Florida Statutes; and

2. Areawide clearinghouse review responsibilities.

(c) Advise and assist local governments within the Region when requested or required, and when the Council is able to provide the services.

Specific Authority 120.53(1), 163.01(5) FS. Law Implemented 120.53(1), 163.01(5), 380.06(7)(a), (b), 380.06(8), 380.07 FS. History–New 2-9-76, Formerly 29I-1.03, Amended 5-7-92,_________.

 

29I-1.004 Council Membership and Appointments, Term of Service, Vacancies, Removal from Office.

(1) Membership and Appointments.

(a) The Council shall include the Counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota, each of which shall be represented on the Council by two voting representatives appointed by their respective Board of County Commissioners.

(b) All municipalities within each county shall select one representative of one of the municipalities within the county who will be a voting representative.

(c) Further, each city has the option to be a member local government and to appoint one representative from the city’s governing board; cities taking this option shall not participate in the process in paragraph (b) above.

(d) The representative(s) 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.

(e)(d) The Governor of the State of Florida shall appoint a maximum of one third of the members. Each county in the region shall have a minimum of one appointment by the Governor.

(f)(e) Changes in membership provisions shall require a two thirds vote of the members.

(2) Terms of Service.

(a) Council members shall serve, and may be reappointed, at the pleasure of the appointing authority.

(b) Member governments may appoint alternate representative(s) to the Council. Alternate representative(s) shall be the chief elected official of said local government or a member of its governing body chosen by such body to be its alternate representative.

(3) Vacancies.

Any vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

(4) Removal from Service.

Should a Council member have three consecutive unexplained absences from regular Council meetings, the Council shall so advise the appropriate appointing authority and request another appointment. Voting representatives will continue to occupy their offices until the Council is notified in writing of their replacement.

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 186.501, 186.502, 186.503, 163.01 FS. History–New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-1.04, Amended 5-4-88, 3-1-95,_________.

 

29I-1.005 Officers, Term, Duties, Committees.

(1) The regular January monthly meeting shall include be the Annual Meeting for conducting business and electing from the regular membership officers with duties as follows:

(a) Chairman – The Chairman shall be the Chief Executive Officer, responsible for executing contracts for the Council, for overseeing the organization of the work of the Council, for seeing that all policy decisions of the Council are carried out, and for such other executive level functions as the Council shall assign. Except as provided for elsewhere, the Chairman shall serve as a non-voting member of each advisory committee.

(b) Vice-Chairman – The Vice-Chairman shall act for the Chairman in his/her absence, or in the event of the Chair’s his inability to act, perform all the functions of the Chairman.

(c) Secretary – The Secretary shall conduct the correspondence of the Council, keep and distribute the minutes of the meetings, be custodian of the records and seal, keep the roll of all members, and discharge such other duties as may be assigned to him by the Chairman or the members. The Executive Director shall serve as deputy to the Secretary.

(d) Treasurer – The Treasurer shall supervise the financial affairs of the Council, including recommending designation of checking and savings account depositories, and perform such other duties as usually pertain to that office. Except as provided for elsewhere, each negotiable check or warrant shall bear the signature of the Treasurer.

(2) Each officer so elected shall serve one (1) year or until re-elected or a his successor is elected.

(3) A Nominating Committee comprised of at least three (3) Council members, each from a different County shall be appointed by the Chairman at the regular December meeting of the Council for the purpose of proposing candidates for all offices for the following year. Additional nominations may be made by any Council member at the January monthly Annual mMeeting. Newly elected officers shall be declared to be installed following their election at the January monthly Annual mMeeting and shall assume the duties of office upon adjournment of said meeting.

(4) Standing and Special Committees.

The Council is empowered to designate and appoint or employ such staff, standing committees, study groups, boards, and consultants consisting of members or non-members as the Council determines are essential or desirable to carry out its policies and objectives. The Council is empowered to direct the Executive Director to assign staff to support such standing committees, study groups, boards and consultants to carry out the Council’s policies and objectives. The Chairman may appoint such special Advisory Committees consisting of members or non-members as he deems necessary or expedient to assist the Council and staff from time to time. Standing Committee members shall serve for terms of one (1) year. Special advisory committee members shall serve for the same period as the appointing Chairman. All Committee actions shall be advisory only to the Council. The Council may, however, delegate certain specific administrative and review prerogatives to a committee in order to expedite the Council’s

work.

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-9-76, Amended 2-20-77, Formerly 29I-1.05, Amended________.

 

29I-1.006 Conduct of Meetings.

(1) The Council shall hold regular monthly meetings at a time and place to be determined by the membership prior to adjournment of the previous meeting or by the Chairman in the absence of such determination. A monthly meeting may be waived by a majority of the Council. Business to have been conducted at the waived meeting shall be considered at the next successive monthly meeting.

(2) Special meetings of the Council may be called by the Chairman at his/her discretion or when requested by six (6) voting members.

(3) Voting.

(a) Council members must be present to vote. A quorum shall consist of a majority of the total voting membership of the Council, representing at least and a voting member from each of four (4) or more of the Counties. When a quorum is present, a majority of those present may take action on matters properly presented at the meeting. Each Mmembers present shall vote on each question presented to the Council unless they he disqualifyies themselves himself. Business shall be transacted only at regular or special called meetings and shall be duly recorded in the minutes thereof.

(b) As permitted by Florida Statutes, Council members are present at a meeting when participating through interactive video and telephone systems.

(4) Minutes.

(a) The Council shall record minutes of its proceedings and official actions in the office of the Council.

(b) The minutes of prior meetings approved by a majority of the members present, shall become the official minutes.

(c) Each resolution shall be signed by the presiding officer at the meeting and by the Executive Director and entered in the minutes.

(5) Rules of Debate.

(a) Chairman Participation: The presiding Chairman shall not be deprived of any rights and privileges of a Council memberman by reason of being the presiding Chairman, but may move or second a motion only after the gavel has been passed to the Vice-Chairman or another member of the Council.

(b) Form of Address: Mmembers Each shall address only the presiding officer for recognition; shall confine themselves himself to the question under debate; and shall avoid personalities and indecorous language.

(c) The Question: Upon the closing of debate the Chairman shall call the question by voice or roll call vote. Mmembers Any may give a brief statement or file a written explanation of their his vote.

(6) Minutes.

The minutes of prior meetings approved by a majority of the members present, shall become the official Minutes. Each resolution shall be signed by the presiding officer at the meeting and by the Executive Director and entered in the Minutes.

(6)(7) Amending the Agenda. Addressing the Council.

(a) If a subject is not on the Agenda it may be added by motion and a majority vote that the subject should not be delayed until the next meeting.

(b) Any person appearing to provide the Council factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure:

1. Prior to addressing the Council the speaker shall approach the front center of the conference table and clearly state his full name, home address, the person he represents and the subject of his address.

2. Before providing factual information or expert opinion if any member of the Council or the speaker requests, the Chairman shall place the speaker under the following oath with right hand upraised: “I willfully swear under oath the facts and testimony I furnish this Council to be the truth, the whole truth and nothing but the truth; and not inconsistent or contradictory with other statements made by me under oath.” a. No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Council.

b. Those asking questions or desiring to comment on a matter before the Council shall not be required to take the oath. The Council can at any time request such a speaker to take the above oath.

(c) Each speaker shall limit his address to ten (10) minutes unless granted additional time by majority vote of the Council. All remarks shall be to the Council as a body and not to any individual member. No person, other than a Councilman, shall discuss directly or through a Councilman, without authorization of the presiding officer. No questions shall be asked a Councilman except through the presiding officer.

(7)(8) DRI Recommendations.

(a) When the Council is considering the recommendations it shall make to a local government, the Council, in addition to its normal staff presentation, shall allow limited presentations not to exceed ten (10) minutes each by the following: the developer; the adjacent or contiguous city and county involved; technical consultants to the Council; and members of the public, who shall be required to submit a “Request to Speak” form register prior to the beginning of the meeting. The applicant may request an additional time thirty (30) minutes for presentation. The Chair may limit or restrict the time available for any presentation. Any Council member may ask the developer, or any person present, specific questions concerning specific issues of the proposed development.

(b) The Council may close debate by a majority vote of the members present.

(9) Appeal of a (DRI) Development Order.

(a) Prior to Council action to appeal an Order of a City Council or Board of County Commissioners approving a Development of Regional Impact (DRI) the Council in addition to its normal staff presentation shall allow limited presentations not to exceed thirty (30) minutes each by the following: The City or County that issued the Order; the developer; the adjacent, contiguous or integral city and county; members of the public who the Council by majority vote determines best represent the affected organizations, institutions and civic associations and technical consultants to the Council.

(b) The Council shall by majority vote determine the amount of time allocated for and the order of the public presentations.

(8)(10) Voting shall be by voice, but a members shall have their his votes recorded in the mMinutes if they he so desires. A roll call vote shall be held upon proper motion. All other questions of procedure shall be governed by Robert’s Rules of Order, Revised.

(9)(11) Staff memoranda and committee resolutions, minutes and reports are prepared for the purpose of providing the Council with the basic information it requires to make decisions. Such staff memoranda and committee resolutions, minutes and reports are advisory only and not final actions or conclusions of the Council itself. The Council shall release all such data to the chief executive officer of each member governmental unit upon his request.

(10)(12) All official meetings of the Council shall be open to the public as required by Florida Sunshine Laws, Chapter 286, F.S., and shall meet the requirements of the applicable sections of the Florida Administrative Procedures Act, Chapter 120, F.S. The Council shall hold and give seven (7) days notice of meetings and workshops, in addition to any other notices as required by Florida Statutes.

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 160.02(1), (6), 163.01, 380.06(7), (8), 380.07, 837 FS. History–New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-1.06, Amended 5-7-92,________.

 

29I-1.008 Responsibilities and Authority.

The Council shall exercise all powers granted to regional planning councils, or regional planning agencies by Section 186.505, F.S., and by its Interlocal Agreement dated, November 8, 1973, amended October 28, 1980. have all responsibilities and authority conferred by the Interlocal Agreement establishing the Council, including the following:

(1) To exercise the powers granted by the Florida Statutes as now exist or as from time to time amended.

(2) To conduct studies of the Region's resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, human resources, natural resources, government, and any other matters which are relevant to regional planning.

(3) To adopt rules of procedure and by-laws, to regulate its affairs and conduct its business.

(4) To adopt an official seal.

(5) To maintain office space at such places within the Region as may from time to time be required in performance of its duties.

(6) To employ and set the compensation of the Executive Director, who shall employ and discharge professional, technical or clerical staff as may be necessary to carry out the purposes of the Council.

(7) To authorize compensation for members of the Council for per diem, travel, and other reasonable expenses for meetings, hearings and other official business conducted outside the Region’s boundaries.

(8) To hold public hearings, sponsor public forums, and conduct other activities whenever deemed necessary or useful in the execution of the functions of the Council.

(9) To acquire, own, operate, maintain, lease or sell real or personal property and hold title hereto in the name of the Council.

(10) To fix and determine in accordance with applicable laws by resolution, rules and regulations relating to advertisement for bids, manner of bidding and amount below which same will not be required.

(11) To sue and be sued, implead and be impleaded, complain and defend, intervene and appeal, before all courts and administrative agencies.

(12) To accept gifts, apply for and use grants, assistance funds and bequests of money and other property from the United States, the State, local units of government, and any person for any Council purpose and to enter into agreements required in connection therewith, and to hold, use, and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.

(13) To make and enter into all contracts and agreements, and do and perform all acts and deeds necessary or incidental to the performance of its duties and the exercise of its powers.

(14) To prescribe all terms and conditions for the employment of officers, employees, and agents including, but not limited to, the fixing of pay and classification plans, benefits, and the filing of performance and fidelity bonds and such policies of insurance covering itself and employees as it may deem advisable.

(15) To participate with other government agencies, educational institutions, and private organizations in the coordination of the activities above.

(16) To determine and collect charges or fees for the provision of assistance for special services and for reviews and referrals.

(17) To select and appoint such advisory bodies as the Council may find appropriate for the conduct of itsactivities.

(18) To enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the Region and which the Council finds feasible to perform.

Specific Authority 120.53(1), 160.02 FS. Law Implemented 120.53(1), 160.02, 380.06(7)(a), (b), 380.06(8) FS. History–New 2-9-76, Amended 7-18-82, Formerly 29I-1.08, Amended 5-7-92, _________.

 

29I-1.010 Information Requests.

(1) The principal office of the Southwest Florida Regional Planning Council is located at 1926 Victoria Avenue, Fort Myers, FL 33901-3414 4980 Bayline Drive, 4th Floor, North Fort Myers, Florida 33917-3909. The office hours are Monday through Friday, from 8:00 a.m. to 5:00 p.m. All official forms, publications or documents of the Council are available for public inspection at the Council’s principal office during regular business hours.

(2) All information requests are fulfilled in compliance with the Florida Public Records Law, Chapter 119, F.S. Information available for public inspection includes the following:

(a) Basic demographic, geographic and economic data projections,

(b) Planning periodicals, published tests, and

(c) All information relating to the planning and review activities of the Council.

(3) Copies of the Council’s forms, publications and official documents prepared for public dissemination are available as follows:

(a) Public agencies, defined as those organizations representing the public; government agencies situated in the State of Florida receive Council publications at no charge.

(b) Private organizations situated in Florida and all parties outside of Florida can receive Council publications at cost.

(c) Publications out of print or singular documents are available for inspection at its principal office. Persons wishing photocopies may receive same at cost.

Specific Authority 120.53(1) FS. Law Implemented 119.01, 120.53(1), 120.53(2) FS. History–New 2-9-76, Formerly 29I-1.10, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mrs. Andrea Messina, SWFRPC Chair

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Kenneth Heatherington, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 3, 2008