Agenda 03/08/2011 Item #17B
3/8/2011 Item 17.8.
EXECUTIVE S~Y
OBJECTIVE: That. the Board .of County Commissioners. (B9ard) . adopts an. Ot~
amending Ordinance No. .1989.98~ . specifically Section Two, 'fAJ)p()intntentand Compositiop.,"
which will relax the requirement that each member of theOchopee Fire DistriCt Advisory BOfJtd
represent a specific area within the District.
CONSIJlERATIQNS: The OchopeeFire District . (District) was.. created .by Ordinance No.
1975.6. Ordinance No" 1975.6 also required the BO$1'd(astheGoveming Board of the District)
to appoint a committee of three to five, electoJ:'S residing within the Districtto advise the Board
regarding the affairs of the District. Collier County Ordinance No. 19S9..98con:firu1ed and
ratified the creation oftheOchQpee.Fir~ District. Advisory Board, verified.,1hat it was. established
pursuant to Ordinance No. 1975.6, and that it had been in continuous existence sinceJ'V5.
Ordinance No. 1989-98. also refmed the requirements for appointment .and composition of the
Advisory Board.
At its January 25, 2011 regular meeting (Agenda Item 9..G), Comt.nissipner. Coletta suggested
relaxing the requiremen.t for representation from specific areaswitbin. the District so that the
Board could appoint . the best.qualifiedcandidate without a fOnnal.waiver. Theproposed
~ amendment reads as follows:
"SECTION TWO.-Appointment and Composition.
A. The Board shall be composed of five (5)membeJ:'S <a sea:. Au
general.mdeline. membership shall consist.of one (1) member from each
of the following areas:
1. ' Everglades City . recommended by the Mayor
2. Plantation Island
3. Chokoloskee
4. Lee Cypress
5. Ochopee
B. . Notwithstanding. subsection A 'above. the . Board.. of County
Co~sionersmay appoint asa member any . permanent resident of the
District.
B C. MembeJ:'S of the Board shall be appointed by mlcLserve at'the
pleasure of the Board of County Commissioners. Said memt>ers shall. be
permanent residents .withln the District, exceptforthe member appointed
from Everglades · City, and all. shall be electors of the County;
G.D. Appointment of members to. the Board sball be by resolution of the
Board of County .Commissioners, which resolution shall. set. forth the date
of appointment and the term of o.ffice."
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3/8/2011ttem 17.8.
At its FebruafY 2200 meeting, the Board autho$ed the. CountyAttomey to advettisethe
r"'\ proposed Ordinancefor future consideration.
LJW~.. ~ONSIDE~T1ONS: The County Attorney drafted the proposed amending
ordinance and this item is legally sufficient for Board action. A maJotity vote is required. - JAK
FISCAL IMPACT:. The cost to adverti.se this Ordinance was approximaltely.S400.
GROWTH MANAG~NT IMPACT:...~on~.
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RECO~AnON: .~tthe/B~d.ofCounty.COmmissioners adopts the attached
Ordinance amending Ordinance No. 1989~98, . specifically Section Two, "Appointment and
Composition," in order to relax the requirement. tbateach member of the Ocbopee. Fire District
Advisory Board represent a specific area within the District
Prepared by: Jeffrey A. Klatzkow, County Attorney
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3/8/20~~ Item 17.8.
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COLLIER COUNTY
Board. of County CommJssi..
Item Nwnber: 17.B.
Item SI.Immary: Recommendation to adopt an Ordinante,amene!ing Ordinance Np.19$9-
98, which ratified theestablishrnent ofthe Ochopee Fire Di$tri<:tAdvisory Board, in oroer tp
revise requirements relating to appointment and composition.
Meeting Date: 3/812011
Prepared By
Name: Crottea:uK.at:hynell
Title: Legal Secretary, County Attorney
3/1/2011 8:41 :23 AM
Approved By
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Name: KlatzkowJeff
Title:Coupty Atto~ey,
Date: 3/1/2011 9:13:51 AM
Name: GreenwaldRandy
Title: Ma.nagementIBudget Analyst,Office of Management & B
Date: 3/1/2011 11 :08:30 AM
Name: IsacksonMark
Title: Director-Corp FinancialaJld Mgmt Svs,CMO .
Date: 3/112011 11:40:38.AM
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3/8/2011 Item 17.8.
ORDINANCE NO. 2011 -
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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.
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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 may appoint as a member any permanent resident of the
District.
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Words Underlined are added; Words Strliek 'Threl:lgfl are deleted.
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3/8/2011 Item 17.8.
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
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.
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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.
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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
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Words Underlined are added; Words Struek Thrsagfl are deleted.
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3/8/2011 Item 17.B.
20D -. "FMal'~'Fjb~~2ii~~".i1:i'Ni~.hii,NeW8'
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NonCE OF INTENTTO CONSIDER ORDINANCE .
Notice'is hereby !liven that on Tuesday. Ml!rch :8,201 I, in the Boardroom. 3rd
Floor, . AdministratIon Building. Collier County GOvemmerrt Cerrter. .3299. lamiami'
Trail East, Naples, Florida, the Board of County Commissioners:will cOnsider the en-
actment ofa,Counw Ordi'!ance.The meeting will commen~e .at 9:00.'9",. Thetitle
of the proposed OrdInance IS as follows: .2... ...':...........
AN ORDINANCE OF THE BOARD OF cOUNTY COMMissIONERs OF ...,...:
COLLIER COUNTY, FLORIDA, AMENOlNG ORDINANCE NO. t98!}'98.WHICH.RATi-
FlED THE CREATION ANDESTABUSHMENTOFTHE . ..., .:. '..,'."C;' ".,c.
OCHOPEE FIRE. DISTRICT 'ADVISORY BOARD,BY REVISING SECTlOIiI ,1WO.."'API'OIN- .
ThiENT AND COMPOsmON"jrPROVlDING FOR CONFUCT. AND SEViIlAB1L11Y;.PRO-
VIDING FOR INCLUSiON IN THE. CODE OF .. .....I...,:.~,.;j::f..
LAWS AND ORDINANCES;~~DrRO~.~!NG ~~.AN.~FFECTIVE DA~Er,'~frsVt,~,{-:{(:
Copies of the proposed Orinnance Ii;';' on file with ttieaerti.to'~:1iOatii'iind jj're
avai.'able for inspection. All i~rested parties are invited to atte~d an~be h~ard:
NOTE: All persons wishing to speak on: any agenda item mustleglster ..~.. the
County administrator prior .. to prese.rrtatlon of. the. agenda item 'to be addressed.
Individual speakers will. be limited utes on any item. The'selection'of an. in-
divlduaktospeak on behalf of an tion.orgroup-.is encouraged. ;ct. recoil':
nizedby the Chairman, 'a $pl>kespe a group pr organizatIOn may be allotted
lomin~tospealtonanlte.m':i,.,:'! .... :>{., ...' ...
Pen;,ns Wishing to have written or',gn\pliiC miteliais Included 'rTtt.eBoard agenda
packets must submit said mate~ial a.minimum. of..3 weekS prior to the ~ctive
public hearing. 'In .any case, written materials. irrtended tobe.considered by the
Board shall be submitted to.the appropriate County staffaminlmurn'ofseven days
prior tot~e s>ublic hea~ng; All material used In~ntations before,. the Board
will becom~a ~rmane.nt part of the record. ;" . . . .. :.i~'. .:.;
Any person who decides to .appea! a dedsiclO .of the Board ..will niied a record of
the prlXeedings pertaini(lg thereto and therefore, may need. to ensure that a -,
ba,tim record, of t,he proceedinl!5 is made, which record includes th.;~im~'1Y and
evIdence upon whIch theappeallS,based. , '. ..::,:'/.':...:'\..
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If you a,:" a person with." disabIlity wh!' needs any accommodation)n:~r.der.t?,riar;
tlopate In thlsproceeding;,.you are entitled, .at no cost to you..to....the j)rpvtSoon:ol
celta.in assistance. Please, contact the. Collier County Facilities. Man;ogemerrt. Depart-
ment located at. 333S T-amlamLTrall East, Suite'IOl, Naples.fI0l'Iaa34112,1 (239)
252-8380. Assisted Jistening devices .forthe. hearing impaired.'.are.avallable in. the
County Commissioners' Qffice, ' . . :.. . , . .
BOARDdF COUNTY COMM~SIONERS. .
COLLIER COUNTY. FLORIDA. . ..
fREDCOYLE, CHAIRMAN,
DWIGHT E. BROCK,CLERK
By:. Ann lennejohn, Deputy Clerk
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