Agenda 02/22/2011 Item #16K2
2/22/2011 Item 16.K.2.
EXECUTIVE SUMMARY
Authorize the County Attorney to advertise an ordinance for future consideration
amending Ordinance No. 1989-98, which ratified the establishment of the Ochopee Fire
District Advisory Board, in order to revise requirements relating to appointment and
composition.
OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County
Attorney to advertise a proposed amendment to Ordinance No. 1989-98, specifically Section
Two, "Appointment and Composition," which will relax the requirement that each member of
the Ochopee Fire District Advisory Board represent a specific area within the District.
CONSIDERATIONS: The Ochopee Fire District (District) was created by Ordinance No.
1975-6. Ordinance No. 1975-6 also required the Board (as the Governing Board of the District)
to appoint a committee of three to five electors residing within the District to advise the Board
regarding the affairs of the District. Collier County Ordinance No. 1989-98 confirmed and
ratified the creation of the Ochopee Fire District Advisory Board, verified that it was established
pursuant to Ordinance No. 1975-6, and that it had been in continuous existence since 1975.
Ordinance No. 1989-98 also refined the requirements for appointment and composition of the
Advisory Board.
At its January 25, 2011 regular meeting (Agenda Item 9-G), Commissioner Coletta suggested
relaxing the requirement for representation from specific areas within the District so that the
Board could appoint the best-qualified candidate without a formal waiver. The proposed
amendment reads as follows:
"SECTION TWO. -Appointment and Composition.
A. The Board shall be composed of five (5) members and such~ As a
general guideline, membership shall consist of one (1) member from each
of the following areas:
1. Everglades City - recommended by the Mayor
2. Plantation Island
3. Chokoloskee
4. Lee Cypress
5. Ochopee
B. Notwithstanding subsection A above, the Board of County
Commissioners may appoint as a member any pennanent resident of the
District.
B C. Members of the Board shall be appointed by and serve at the
pleasure of the Board of County Commissioners. Said members shall be
pennanent residents within the District, except for the member appointed
from Everglades City, and all shall be electors of the County.
G D. Appointment of members to the Board shall be by resolution of the
Board of County Commissioners, which resolution shall set forth the date
of appointment and the tenn of office."
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2/22/2011 Item 16.K.2.
If approved, the County Attorney's Office would advertise and bring back the amending
ordinance for Board consideration.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed amending
ordinance and this request for authorization to proceed is legally sufficient. A simple majority
vote is required. - JAK
FISCAL IMPACT: The estimated cost to advertise this ordinance is $400.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To direct the County Attorney to advertise the attached, proposed
ordinance and to bring it back for consideration by the Board.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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2/22/2011 Item 16. K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Authorize the County Attorney to advertise an ordinance for future
consideration amending Ordinance No. 1989-98, which ratified the establishment of the
Ochopee Fire District Advisory Board, in order to revise requirements relating to appointment
and composition.
Meeting Date: 2/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/28/2011 10:26:45 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/28/2011 11 :04:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2011 10:04:51 AM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 2/11/2011 10:37:46 AM
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2/22/2011 Item 16.K.2.
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1989-98,
WHICH RATIFIED THE CREATION AND ESTABLISHMENT OF THE
OCHOPEE FIRE DISTRICT ADVISORY BOARD, BY REVISING
SECTION TWO, "APPOINTMENT AND COMPOSITION;" 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. 75-6, as amended, created the Ochopee Fire
District and required the establishment of an advisory board to advise the Board of County
Commissioner (Board) in matters pertaining to the District; and
WHEREAS, through adoption of Ordinance No. 1989-98, the Board ratified the
establishment of the Ochopee Fire District Advisory Board pursuant to Ordinance No. 75-6 and
formalized the structure and operation of the Advisory Board in accordance with the Collier
County Advisory Board Ordinance; and
WHEREAS, the Board desires to amend Ordinance No. 1989-98 as it relates the
appointment and composition of the Advisory Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 1989-98.
Section Two is hereby amended as follows:
SECTION TWO. -Appointment and Composition.
A. The Board shall be composed of five members and such:, As a
general guideline. membership shall consist of one (1) member from each
of the following areas:
1. Everglades City - recommended by the Mayor
2. Plantation Island
3. Chokoloskee
4. Lee Cypress
5. Ochopee
B. Notwithstanding subsection A above. the Board of County
Commissioners mav apooint as a member any permanent resident of the
District.
Words Underlined are added; Words 8truek Thraugh are deleted.
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2/22/2011 Item 16.K.2.
:g C. Members of the Board shall be appointed by and serve at the
pleasure of the Board of County Commissioners. Said members shall be
permanent residents within the District, except for the member appointed
from Everglades City, and all shall be electors of the County.
G D. Appointment of members to the Board shall be by resolution of the
Board of County Commissioners, which resolution shall set forth the date
of appointment and the term of office.
*******
SECTION TWO: 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 THREE: 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 FOUR: 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 , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
W oreis Underlined are added; Words Struok Througfl are deleted.
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