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Agenda 10/13/2009 Item #17D Agenda Item No. 170 October 13, 2009 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. CONSIDERATIONS: At its September 15, 2009 regular meeting, the Board directed the County Attorney's Office to amend the Collier County Airport Authority Ordinance to provide for the appointment of one alternate member to the Airport Authority. On September 29, 2009 (Agenda Item 16K8), the Board authorized the County Attorney to advertise the proposed Ordinance for consideration at a public hearing. LEGAL CONSIDERATIONS: The proposed amending Ordinance was drafted by the County Attorney and is legally sufficient for Board action. - JAK FISCAL IMPACT: The cost of advertising the amending Ordinance was $88.57. _ GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopts the attached Ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of one alternate member to the Collier County Airport Authority. Prepared By: Jeffrey A. Klatzkow, County Attorney - Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 170 October 13, 2009 Page 2 of 5 17D Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. 10/13/2009 9:00:00 AM Prepared By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 9/30/20094:26:08 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 10/1/20092:47 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Office of Management & Budget Date 10/5/2009 12:02 PM Approved By Randy Greenwald County Manager's Office ManagemenUBudget Analyst Office of Management & Budget Date 10/5/20092:59 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Office of Management & Budget Date 10/5/20094:13 PM Agenda Item No. 170 October 13, 2009 Page 3 of 5 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVERNING BODY; MEMBERSHIP, APPOINTMENT AND TERM:S OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Ordinance No. 2004-03, known as the Collier County Airport Authority Ordinance, which Ordinance repealed and superseded prior ordinances pertaining to the Collier County Airport Authority; and WHEREAS, the Board of County Commissioners desires to amend Section Five of Ordinance No. 2004-03, entitled "Governing Body; Membership, Appointment and Terms of Office," so as to provide for the appointment of an alternate member. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2004-03. Section Five is hereby amended to read as follows: Governing Body; Membership, Appointment and Terms of Office. (A) The governing body of the authority shall be composed of seven (7) members and one (1) alternate member appointed by the Board. The alternate member shall act only in the absence. or disqualification. of a regular member. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four year terms. There are no limitations on the number of times that members of the authority may be re-appointed to the authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board. * * * * * * Words Underlined are added; Words Struck Through are deleted. Page lof2 Agenda Item No. 17D October 13, 2009 Page 4 of 5 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 ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: Words Underlined are added; Words Struok Througn are deleted. Page 2 of2 Agenda Item No. 170 October 13, 2009 Page 5 of 5 160 · Saturday, October 3, 2009 · Naples Daily News NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, Oc- tober 13, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta- miami Trail, Naples. Florida. The meeting will begin at 9:00 A.M. The title of the proposed ordinance(s) are as follows: AN ORDiNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO. 75-16, AS AMENDED, RELAT: ING TO THE CONDUCT OF MEEtiNGS OF THE BOARD OF COUNTY COMMISSiON- ERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVID- ING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO. 2004-03, THE COLLIER COUN- TY AIRPORT AUTHORITY ORDiNANCE, SPECIFICALLY, SECTION FIVE, 'GOVER. NING BODY; MEMBERSHIP, APPOINT- MENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PRO- VIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO_ 91-65, AS AMENDED. PER- TAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SE(;'nON.SEVEN. "FUNCTIONS, .f'()WERS AND DUTIES: IN .oRDER TO REMOVE'THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVID- ING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY' COMMISSIONERS OF COLliER COUNTY., FLORIDA, AMENDING ORDI- NANCE NO. 1975-16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECON- SIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVID- ING FOR CONFliCT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 3 minute5 on any item. The selection of an individual to speak on behalf of an orga- nization or group is encouraged. If rec- ognized by the Chair, a spokesper5on for a gr.oup or organization may be allotted 10 minutes to speak on an item. Persons wishin~ to have written or graphic materials Included In the Board agenda packets must submit said material . a minimum of 3 week5 prior tCl.th~';ie:': spective public hearjng. In any cas~..writ- ten materials . intended to be conUdered .' by th~ Board ~n~ltlie. sub"!it~e~ to the . iT appropriate CO(Jf;1ty".staff .a m!n1mum of . seven days prior to. the: .publlc. heanng. All materi~1 used in pr~entations before the. Board will become a permanent part of the record. .. Any person who decides to appeal a de- cision of the Board will need a record of the proceedings pertaining it.ner.eto and therefore, may need to 'ensun!!.tfi~~ a ver-. batim record of the proceedlnl/5 \S'. made, which record includes the. testimony and j 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 ar~ ~n- titled, at no cost to you, to the ..prOlllSlon of certa i n assistance. Please contact the Collier County Facilities Management De- partment, located at 3301 Tamiami :rrail. East. Building W, Naples, FlOrida 34112, (239) 252-8380.' Assisted listening' devices for the hearing impa ired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 3,2009 N01B19155