Backup Documents 05/14/2013 Item # 9BCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
*************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: April 25, 2013
Petition No. (If none, give brief description): County Manager Ordinance
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) May 14, 2013 (ad to run no later than
WEDNESDAY, May 1, 2013)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
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.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
1 .11.1 P.O.4500139337
Mi-li-3
or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
FOR CLERK'S OFFICE USE LJ
Date Received: t Date of Public hearing: S Date Adve rtised:
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Thursday, April 25, 2013 3:12 PM
To: Minutes and Records
Cc: Ann P. Jennejohn; Brock, MaryJo
Subject: Ad Request - County Manager Ordinance
Attachments: Ad Request - County Manager Ordinance.pdf, County Manager Ordinance - JAK
signed.pdf, Advertising Request - County Manager Ordinance.docx
Ann
See attached ad request for the proposed County Manager Ordinance. I also included the Ordinance signed by Jeff and
the ad request in Word so you don't have to re -key the title.
This ad should run on Wednesday, 5/1. Please let me know if there are any problems.
Mary Jo, we will keep the original for the Chairman's signature after adoption.
Thank you!!!
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
,.a !.. , , t`s rr. � . ,sire... a s a A: �c 's vcu d:, n -N w mt yo; ,,r e, H reit,�..se,-d in s (-,5p se, to, a pub':it, .;t ee
:nt€ ,.. _ea ; co, u'hcca by tek,, .ho :, ni n -ur €i.i =ng
98
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
LAPJ
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 governing body
of the county pursuant to Fla. Const. art. VIII, § t (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
2
•
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.
98
(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.
(b) Notwithstanding any of the foregoing, the powers and duties of the County
Administrator herein defined 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
By: By:
Deputy Clerk
ApproveVfonn legal s Jeffrey
County rney
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
�I7
Acct #027354
April 26, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: County Manager Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday, May 1, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500139337
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
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. 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 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.
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 prior to the
public hearing. All 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 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 participate in this proceeding, you are entitled, at no cost
to you, to the provision 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 -8380. 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
(SEAL)
FI]
Teresa L. Cannon
To: Legals NDN (legals @naplesnews.com)
Subject: County Manager Ordinance
Attachments: County Manager Ordinance.doc; County Manager Ordinance.doc
Lega Is,
Please advertise the attached legal ad on Wednesday, May 1, 2013. Thanks
Teresa L. Cannon
From: Polidora, Carol < cpolidora @naplesnews.com>
Sent: Friday, April 26, 2013 1:35 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UASAIB3 jpg
Teresa,
Please provide approval ASAP for publication on 05.01.13.
THANKS!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
04/26/13
Publication
NDN
Account Number 503641
Ad Number
1987811
Total Ad Cost
$259.38
NOTICE OF INTENT TO CONSI ORDINANCE 9 DER 8
I%Jotice is hereby given that on Tuesday, May, 14, 2013, in the Boardroom, 3rd Floor,
Administrik 'ion 1�ulldi ' ing, Collier County Govern m
ment Center, 3299 East Taiamli
Trail, Naples,, Florida, the Board of County Commissioners m=ill consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Tile
title cif the proposed Ordinance is as Tollows:
AN ORDINANCE OF THE BOARD OF' COUNTY COMMISSIOINERS OF COLLIER
COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING- FOR THE PURPOSE;
PROVID,ING 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 ROE fit_. OF ORDINANCE NO. 93-72, AS WENDED; PROVIDING FOR CONFLICT
AND SEVERABILITY,- PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
'ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE,
Copies ofthe proposed Ordinance are on file with the Clerk to the Board and are
available f+ r inspection. All interested parties are invited to attend and be heard,
NOTE, All persons wishing to speak on any agenda item must register %,,vith thel
Cownt administer, rnor to presentation of the agenda itern to be addressed,
IndiviYual speakers t.o�%, I 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
recogn ize by the Chairman, a spokesperson for a group or organization may be
d
allotted 10 minutes to speak on an item.
Persons wishing to have i;vritten 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, inters I'd to be considered by the
card shall be submitted to the appropriate County staff a minIMUM of severl days
prior to the public haring. All material used in presentations before the Board
%vill become a perm arient'part of the record.
Any person who decides ' to appeal a decision of the Board MI need a record -of the
proceediricys perfaining thereto and therefore, may need to enspre that; a verbatim
record of the proceedings is made, which record inclLides the testimony and
c-vidence upon vvhlch the- appezil is based.
If you are a person vwiTh ri disabifit); voho needs any accommodation in order to
participate in this proceeding. you are entitled., at no cast to you. to The provision
of certain -assistance. Please con-tact the Collier County Facilities Management
Department, lo sated ted at 3335 Tamiami. Trail East, Suite -4101, Building. W, Naples,
Norida 34112, (239) 252-8380, Assisted listening devices for +t he hearing mpaired
are avail able, to the County Commissioners' Office.
BOARD OF COUNTY COMMISSIO14ERS
COLLIER COUNTY, FWRIDA
GEORGIA A. HILLER, F-SQ, CHAIRWOMAN
DWIGHT E BROCK, CLERK
By: Terra Carbon, Deputy Clerk
Q
1 . 201 3 No, 19-'87BI 1
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Friday, April 26, 2013 4:04 PM
To: Teresa L. Cannon
Subject: RE: Ad Confirmation
Approved.
Dinny
- - - -- Original Message---- -
From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Friday, April 26, 2013 2:19 PM
To: NeetVirginia
Subject: FW: Ad Confirmation
For review
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon @collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol [mailto :cpolidora @naplesnews.com]
Sent: Friday, April 26, 2013 1:35 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Teresa,
Please provide approval ASAP for publication on 05.01.13.
THANKS!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Teresa L. Cannon
To: Polidora, Carol
Subject: RE: Ad Confirmation
Looks good, ok to run.
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon @collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol [mailto :cpolidora @naplesnews.com]
Sent: Friday, April 26, 2013 1:35 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Teresa,
Please provide approval ASAP for publication on 05.01.13.
THANKS!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
04/26/13
Publication
NDN
Account Number 503641
Ad Number
1987811
Total Ad Cost
$259.38
1
re-17
0 *1
NOTICE OF INTENT TO CONSIDER ORDNANCE
Notice is hereby given that on Tuesday, Ma, 14, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government. Center, 3299" East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 "A.M. 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 FOR A REFERENCE TO COUNTTY�MAApNpAQIGEEP. PROVIDING FOR THE
BOARD COMPEN3I►TIOHA'HC1 OF THE COf1Ni1 'AbMiNISiATOIb' PROVIDNG
FOR THE ) 1A�E�RS ANES_OF THE COUNTY ADMINIVRNNG FOR RO
THE SEVER OL ffNNNNGGii FOR 93-72, I C ASANI IDIN Mfllt CONFLICT
AND SEVERABILRY; PR VI 1 FOR INCLUSI N IN THE E OF (AWS 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
prior to the public hearing. All 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 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
picipate in this proceeding, you are entitled, at no cost to you, to the provision
of art 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 -8380. 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, CLERIC'
By: Teresa Cannon, Deputy Clerk
(h �)-2013 Nn 1997911,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO k
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
* *NEW ** ROUTING SLIP
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
draw a tine thrnnah rnntina lines ii 1 thrnnuh 92 cmmplete the checklist. and forward to the Countv Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
5/14/13
Agenda Item Number
3. County Attorney Office
County Attorney Office
JA
5/14/13
4. BCC Office
Board of County
Commissioners
C1 N
y LR�
S 1 l
5. Minutes and Records
Clerk of Court's Office
5 riff 3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
aa ti A tw e..„....t. a»e..t . staff for » ddi.ti.n..n.. »al " nr miccina inf rtnntion
auu_esse es auove, mar .
Name of Primary Staff
.............. ...'-
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact / Department
appropriate.
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Applicable)
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5/14/13
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Type of Document
County Manager Ordinance /,n
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1 `X.�
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number if document is
by the Office of the County Attorney.
to be recorded
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J
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1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11 /30/12
9B "
ORDINANCE NO. 2013 - 4 0
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
9 B
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 governing 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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(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.
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(b) Notwithstanding any of the foregoing, the powers and duties of the County
Administrator herein defined 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: ' s
DWIGHT ,'- -BROCY�,,_Clerk
" DepIA Cl k
;Attest as to..C�hairman + t,
signature only:.. . }
Approved form and
legal 41114: y:
Jeffrey
County
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY /FLORIDA
I.
GEORGIA A.`RI'
CHAIRWOMAN
Main=
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -40
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013.
DWIGHT E. BROCK�,.
Clerk of Courts-1 ah.d °Clerk
Ex-of ficioo4,oa, of
,
County Commios.i,g i erls
Jr,
By: Martha' Vergara
Deputy Clerk