Agenda 05/13/2013 Item #17IProposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Move Item 17I to Item 9B: Recommendation to adopt an ordinance
amending Ordinance No. 93 -72, as amended, the "Collier County
Administrator's Ordinance." (Commissioner Coyle's request)
Move Item 17G to Item 9A: Recommendation to adopt an ordinance amending Ordinance
No. 2003 -53, as amended, the "Collier County Ethics Ordinance." (Commissioner Coyle
and Commissioner Fiala's separate requests)
Move Item 17B to Item 9C: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance 2007 -46, as amended, the Wolf Creek Residential Planned
Unit Development, PUDZA- PL20120000650, by increasing permissible number of dwelling units
from 671 to 754; amending Ordinance 2004 -41, the Collier County Land Development Code by
amending appropriate zoning atlas map or maps by changing the zoning classification of an
additional 5± acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and
by changing the zoning classification of an additional 16± acres from Palermo Cove PUD to Wolf
Creek PUD; by revising development standards; by adding Exhibit A -1, the amended Master
Plan for parcels IA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels
lA through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by
adding deviations and revising developer commitments. The subject property is on the north side
of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard
(C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting
of 189± acres; providing for repeal of Ordinance 2007 -03, the Scenic Woods Rezone; and by
providing an effective date. (Companion PUDZA- PL20120000680: Palermo Cove) (Staff request
due to letter of objection)
Continue Item 16E4 to the May 28, 2013 BCC Meeting: Recommendation to approve
proposed amendments to Ordinance No. 04 -52, as amended, Criminal History Record Checks
and authorize Staff to advertise the amendments and return to the Board for final approval.
(Staffs request)
Move Item 16D7 to Item 11E: Recommendation to request authorization to advertise and bring
back an Ordinance amending Collier County Ordinance No. 96 -84, as amended (Radio Road
Beautification MSTU), to incorporate provisions to facilitate improvements to the Rich King
Memorial Greenway within MSTU boundaries (Commissioner Henning's request)
Continue Item 16A10 to the May 28, 2013 BCC Meeting: Recommendation to increase the
collective annual limit for multiple contracts resulting from RFP #12 -5892, "Fixed Term
Landscape Architectural Services" (Staff request)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Page 2
Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize purchase
of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing
the Florida Sheriff Association's State Contract #12 -10 -0905 (Staff request)
Move Item 17C to Item 91): An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 04 -41, as amended, the Collier
County Land Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning classification
of the herein described real property from a RPUD zoning district to a RPUD, zoning district
for a project known as the Palermo Cove RPUD, PUDZA- PL20120000680, by revising
project development standards, adding deviations, adopting a new conceptual master plan,
revising developer commitments and reducing the permitted number of dwelling units from
564 to 237 on property located north of Wolfe Road and west of Collier Boulevard (C.R.
951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of
115± acres; providing for repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former
Palermo Cove RPUD; and by providing an effective date. (Companion PUDZA-
PL20120000650: Wolf Creek PUD) (Staff request due to receipt of letter of objection)
Time Certain Items:
Item 10I to be heard at 10:00 a.m., followed by Item 10G and 10H
Item 11B to be heard at 11:00 a.m.
Item 14111 to be heard at 1:00 p.m., immediately followed by Item 11C
Item 11D to be heard at 3:00 p.m.
5/14/2013 17.1.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 93-72, as amended, the "Collier
County Administrator's Ordinance."
OBJECTIVE: To adopt an ordinance amending Ordinance No. 93 -72, as amended, the "Collier County
Administrator's Ordinance."
CONSIDERATIONS: At the Board of County Commissioners meeting held on February 12, 2013, the
County Manager and County Attorney were directed to review the current "County Administrator's
Ordinance" and bring forward potential amendments which would more closely align the local ordinance
with applicable state statutes and also address concerns articulated by various commissioners at that
meeting. The proposed amended ordinance, attempts to accomplish these objectives. Substantive
proposed changes include the following:
New Section Two, R=ose was added which substantively minors Fla. Statutes Section 125.70
New Section Four, Board as Policy Maker, was added to further clarify the roles of the Board and
the County Manager. This section reformats previous provisions of the ordinance, adds
additional language from the state statutes, removes reference to the penalty provisions associated
with a Board member's interference with the performance of a County Manager staff person
without removing the prohibition and adds a provision which affirms a commissioner's ability to
express a concern to the County Manager about the actions or performance of an employee.
At the County Commission meeting held on April 23, 2013, the Board authorized staff to advertize the
ordinance for adoption.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: The County Attorney worked with the County Manager in preparing
this proposed amendment, which is legally sufficient and requires majority vote for enactment. -JAK
RECOMMENDATION: That the Board of County Commissioners adopt the proposed amendment to
Collier County Administrator's Ordinance.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.1.
5/14/2013 17.1.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 93 -72,
as amended, the "Collier County Administrator's Ordinance."
Meeting Date: 5/14/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
5/6/2013 9:36:18 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
5/6/2013 9:36:20 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 5/6/2013 5:24:59 PM
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5/14/2013 17.1.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE;
PROVIDING FOR THE PURPOSE: PROVIDING FOR A
REFERENCE TO COUNTY MANAGER: PROVIDING FOR THE
BOARD AS POLICY MAKER; PROVIDING FOR THE
APPOINTMENT, QUALIFICATIONS, COMPENSATION AND
VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR
THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93 -72, AS
AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County
Commissioners to provide for effective administration for the adequate and efficient provision of
services to the citizens of Collier County; and
WHEREAS, the Board of County Commissioners believes the foregoing objective may
best be realized by placing in the hands of the County Manager the multitude of administrative
and ministerial details which necessarily arise in the operations of County government, so that
the Board of County Commissioners may freely perform and without unnecessary interruption,
its fundamental purpose and function of making policies within the framework of law applicable ^
to County government within this state; and
WHEREAS, the Board of County Commissioners wishes to repeal and replace its
current County Administrative Ordinance, Ordinance 93 -72, as amended, with this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Administrator's
Ordinance."
SECTION TWO: Purpose.
It is the legislative intent that it is necessary to authorize a form of county administration
that best assures an adequate and efficient provision of services to the citizens of Collier County,
that provides for coordinated administration of county departments to better protect the health,
welfare, safety, and quality of life of the residents of Collier County, and that places in the hands
of a county administrator the multitude of details which must necessarily arise from the operation
of a county as a unit of local government and, thus, enables the Board of County Commissioners
to perform freely, without unnecessary interruption, its fundamental intended purpose of making
policies within the framework of law applicable to county government in this state. It is the
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^ further legislative intent to provide a formula and structure for the economic and efficient
conduct of county affairs by making the county administrator established by this ordinance
responsible for handling of all things necessary to accomplish and bring to fruition the policies
established by the Board of County Commissioners.
SECTION THREE: Reference to County Manager.
Any reference to "county manager" in this Code or existing or future ordinances,
resolutions, minutes, legal instruments and other documents shall be understood to refer to the
"county administrator."
SECTION FOUR: Board as Policy Maker.
In keeping with F.S. ch. 125, part III, this Ordinance grants to the County Administrator
only those powers and duties which are administrative or ministerial in nature and not to delegate
any governmental power imbued in the Board of County Commissioners as the goveming body
of the county pursuant to Fla. Const. art. VIII, § 1(e). To this end, the below specifically
enumerated powers are to be construed as administrative in nature, and in any exercise of
governmental power the County Administrator shall only be performing the duty of advising the
Board of County Commissioners in its role as the policy- setting governing body of the county
and carrying out its directives and policies.
Except as provided below, as the policy - setting governing body, the Board and its
members shall defer to the County Manager the day -to -day handling of the administrative and
ministerial powers and duties enumerated below, including the supervision, appointment or
removal of his subordinates. No County Commissioner shall direct or request the appointment
of any person to, or his removal from, Office of the County Administrator or by any of his
subordinates, or in any manner take part in the appointment or removal of officers or employees
in the administrative services of the county except as provided by this article. Neither the Board,
nor any member thereof shall interfere in the performance of the duties of any subordinate of the
County Administrator, either publicly or privately, except for the purposes of inquiry and
information. Nothing contained herein shall prevent a County Commissioner from expressing a
concern to the County Manager about the actions or performance of an employee.
SECTION FIVE: Appointment, qualifications, compensation and vacancy.
(a) The County shall have a County Administrator appointed by the Board of County
Commissioners, which officer shall be the administrative head of the county and shall be
responsible for the administration of all departments of the county government which the board
has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws
of Florida, and other applicable legislation.
(b) Recruitment for the position of County Administrator shall be in such manner as may
be determined by the Board.
(c) The County Administrator shall be qualified by administrative and executive
experience and ability to serve as the Chief Administrator of the county. The County
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Administrator shall be appointed by an affirmative vote of not less than three members of the
Board and may be removed at any time by an affirmative vote, upon notice, of not less than three
members of the Board, after a hearing if such a hearing is requested by the County
Administrator; provided, however, such removal shall occur no sooner than 14 days after
adoption of a resolution of intent to terminate the employment of the County Administrator. The
County Administrator need not be a resident of the county at the time of appointment, but during
tenure in that office must reside within the county.
(d) The County Administrator shall be appointed by written contract negotiated with the
Board which contract may set out the terms and conditions of employment and removal and
specify any additional powers and duties delegated or assigned to the County Administrator.
The compensation of the County Administrator shall be fixed by the Board unless otherwise
provided by law.
(e) The Office of County Administrator shall be deemed vacant if the incumbent County
Administrator moves his residence from the county or is, by death, illness, or other casualty,
unable to continue in office. A vacancy in the office shall be filled in the same manner as the
original appointment. The Board may appoint an Acting County Administrator in the case of
vacancy or temporary absence or disability until a successor has been appointed or the County
Administrator returns.
SECTION SIX: Powers and Duties.
(a) The County Administrator shall be responsible for the administration of all
departments that are responsible to the Board and for the proper administration of all affairs
under the jurisdiction of the Board. To that end, the County Administrator shall by way of
enumeration and not by way of limitation, have the following specific powers and duties to:
(1) Administer and carry out the directives and policies of the Board and enforce all
orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully
executed.
(2) Report to the Board on action taken pursuant to any directive or policy within the time
set by the Board and provide an annual report to the Board on the state of the county, the work of
the previous year, and any recommendations as to actions or programs deemed necessary for the
improvement of the county and the welfare of its residents.
(3) Provide the Board, or individual members thereof, upon request, with data or
information concerning county government and to provide advice and recommendations on
county government operations to the Board.
(4) Prepare and submit to the Board for its consideration and adoption an annual
operating budget, a capital budget and a capital program.
(5) Establish the schedules and procedures to be followed by all county departments,
offices, and agencies in connection with the budget and supervise and administer all phases of
the budgetary process.
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110� (6) Prepare and submit to the Board after the end of each fiscal year a complete report on
the finances and administrative activities of the county for the preceding year and submit
recommendations.
(7) Supervise the care and custody of all county property.
(8) Recommend to the Board a current position classification and pay plan for all
positions in county service.
(9) Develop, install, and maintain centralized budgeting, personnel, and purchasing
procedures.
(10) Organize the work of county departments, subject to an administrative code
developed by the County Administrator and adopted by the Board, and review the departments,
administration, and operation of the county and make recommendations pertaining thereto for
reorganization by the Board.
(11) Select, employ and supervise all personnel and fill all vacancies, positions or
employment under the jurisdiction of the Board except County Attorney. However, the
employment of an Assistant County Administrator, the Executive Director of the County Airport
Authority and all Division Administrators shall require confirmation by the Board.
(12) Suspend, discharge, or remove any employee under the jurisdiction of the Board
pursuant to procedures adopted by the Board.
(13) Negotiate leases, contracts, and other agreements, including consultant services, for
the county, subject to approval of the Board, and make recommendations concerning the nature
and location of county improvements.
(14) See that all terms and conditions in all leases, contracts, and agreements are
performed and notify the Board of any noted violation thereof.
(15) Order, upon advising the Board, any department under his jurisdiction as specified in
the administrative code to undertake any task for any other agency on a temporary basis if he /she
deems it necessary for the proper and efficient administration of the county government to do so.
(16) Attend all meetings of the Board with authority to participate in the discussion of
any matter.
(17) Perform such other duties as may be required of the County Administrator by the
Board.
(18) The County Manager shall have the authority to provide the Board of County
Commissioners and the Planning Commission with reports and recommendations with respect to
matters before such bodies as directed by the Board of County Commissioners.
4
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(b) Notwithstanding any of the foregoing, the powers and duties of the County
Administrator herein deemed shall not be construed to limit the right of the Board to retain and
employ its own staff with such powers and duties as the Board may designate. This shall
specifically include the right to retain legal counsel who shall report directly to the Board and
who shall have sole responsibility for the management of the legal staff.
SECTION SEVEN. Repeal of Ordinance 93 -72, as amended.
Ordinance 93 -72, as amended by Ord. No. 95-49, Ord. No. 01 -77, Ord. No. 04 -55, Ord.
No. 2006 -03, and Ord. No. 2011 -11, is hereby repealed.
SECTION EIGHT: 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 NINE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," ^
or any other appropriate word.
SECTION TEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
form and
legal
Jeffrey
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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5/14/2013 17.1.
28D s Wednesday, May 1, 2013 i NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, In the Boardroom, 3rd Floor,
Administration Building, Collier County Govemment Center, 3299 East Tamiam!
Trail, Maples, Florida, the .Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will. commence at 9:00 AM. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING .FOR THE PURPOSE;
PROVIDING 4OR A REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE
BOARD AS', POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS,
COMPENSATION AND VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING
FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING' FOR
THE REPEAVOF "ORDINANCE NO.'93 -72, AS AMENDED; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the .Clerk to the Board and are
available for inspection. All interested parties are.invited to attend and be heard.
NOTE: All. persons wishing to speak on any agenda item must register with the
County, administrator prior to presentation of the agenda item to be- addressed.
Individual speakers will be, limited to 3 minutes on any item. The selection of an
individual to speak on - behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a .minimum of 3 weeks prior to the respective
public hearing. in any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven .days
Pr to the public hearing. •AII material used in presentations before the Board
will become a permanent part of the record,
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of 9 the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
partUcipate in this proceeding, . you are entitled, at no cost to you, to the provsioh
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W' Naples
Florida 34112, (239) 252 -6380. Assisted listening devices for the hearing „impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK - -
By: Teresa Cannon, Deputy Clerk
( AEA') 01 No. 1487811
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