Backup Documents 04/14/2009 Item #17F
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
~
\tY
17F
. 'oil
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
*******************************************************..************.******-*.*******.*****._...**--*_._-
Originating Deptl Div: County Attorney Person:
Jeffrey A. Klatzkow, County Attorney Date: March 26, 2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) lo be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before
BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) April 14,2009 (NOTICE TO RUN NO
LA TER THAN FRIDA Y, APRIL 3, 2009)
Newspaper(s) to he used: (Complete only jf important):
XXX Naples Daily News
o Other
XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2001-55, AS AMENDED, WHICH ESTABLISHED STANDARDS FOR
CREA nON AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE, "QUALIFICATIONS AND
REQUIREMENTS FOR MEMBERSHIP ON BOARDS," TO ALLOW SERVICE ON MORE THAN TWO
COUNTY BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN, "TERM OF OFFICE," TO
ELIMINATE TERM LIMITS: AND BY DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS
ENTIRETY: 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 Pet" ion Fee include advertising cost? 0 Yes XXX No
I IS rator or Designee
~Ju /1
Date' ,
If Yes, what account should be charged for advertising cosl..:
001-100510-649100 - P.O. 4500099539
=#= f) (0 ~ q. CO t.f
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: IflegaJ 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:
D County Manager agenda file: to
Clerk's Office
o Requesting Division
o 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..QNf': Ira c.J I, J l..a '13 LTl(J,
Date Received: ~ f .ob, u.-fDate of Public hearing: . _~ Date Advertised: "roo_. .......,
.._---_._~--,~,,-_. .._..."._'--_......~,-~._---,
17F ..
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55,
AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION
AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE,
"QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON
BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY
BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN,
"TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY
DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in keeping with its policy to promote economy, efficiency and improve
service in the transaction of the public business by County Boards, the Board of County
Commissioners, through adoption of Ordinance No. 2001-55, established standards for creation
and review of County boards; and
WHEREAS, Ordinance 2001-55 was subsequently amended through the adoption of
Ordinance No. 2006-39 and Ordinance No. 2007-58; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance
No. 2001-55, specifically, Section Five entitled, "Qualifications and Requirements for
Membership on Boards," to allow persons to serve on more than two County Boards
simultaneously; Section Seven entitled, "Term of Office," to eliminate terms limits; and to delete
Section Nine, "Review of Boards" in its entirety.
NOW, THEREFORE, BE IT ORDAfNED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001-55,
AS AMENDED.
Section Five is hereby amended to read a follows:
SECTION FIVE: Qualifications and Requirements for Membership on Boards.
Words Underlined are added; Words Stmd: Threugh are deleted.
Page 1 of 5
17F 1
A. All members of County Boards shall be pemlanent residents and electors of
Collier County and should be reputable and active in community service. The
foregoing requirement may be exempted, however, if an ordinance creating a
board specifics the need for mcmbership outside Collier County's boundaries. In
addition, all Board members should have demonstrated an intcrest in the activity
or service, which is the purpose of the Board. The provisions of this paragraph
may be exempted, however, if an ordinance creating a board specifies the need for
membership outside Collier County's boundaries.
B. Any member of a County Board who ceases to be a resident of Collier County
during his or her tenn of office shall immediately advise the Commission of such
change in status. Upon such notice, the Commission shall declare the position to
be vacant and shall promptly fill same pursuant to the provisions of Section Six,
herein.
C. The Commission's primary consideration in appointing Board members shall be
to provide the Board with the technical, professional, financial, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Board's Ordinances as qualifications
for board membcrship are considered to be primarily directory and not mandatory.
D. ~le perGeR shall serve on mere (BaR two COlom(y Boards simultaneously. If
a]JplicatioR is made fur service on a IBird boar-d, the applicant must resign
simHltaaealiGly from one of hiG ar her currcRt Board positions, ar the a]Jplication
for a third Baard shallee disE)Halified. This provisisn, ho,,','ever, may be waived to
alla'.',' fer service on additional Boards provided the Commission voles
unanimoHsly ta waive SHch provision,
&. D. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such board during his or her candidacy
unless such Board member/candidate is running unopposed for a non-
remunerative elective position or an elective position receiving nominal
remuneration, such as the Mosquito Control District Board or a fire district board.
Should any County Board member compete for an elective non-remunerative
political officc or a nominally-remunerative political office on the date
applications for candidacy expire, such candidacy shall be deemed a tender of
Words Underlined are added; Words StRIde TlH()~ are deleted.
'-"~-'-'-~'--"'~---'---~'-'-~'-"~--'--', ~_._--,..,,~--~_.__._,-._-_.~----_._~.>----...~-_._,.~.<....,.._.~_.._._--_..._.-
17F "f
resif,'Tlation from such Board and the Board shall immediately advisc the
Commission in writing of said resignation. No Board Member shall be requircd
to resign or deemed to have tendered his or her resignation unless such candidacy
is being opposed. The Commission shall deem the position vacant upon receipt of
written notice of said resignation. Thc Board mcmber shall not serve at any
mcetings after his or her position becomes vacant pursuant to this Ordinance.
This provision shall not apply to candidates who currently serve in elected
positions and who are seeking re-election.
F... E. The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collicr County shall constitute a conflict of interest with Collier
County and shall be deemed a tender of resignation from such Board. The
County Board member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the provisions of Section Six,
herein.
G.- F. No membcr of any County Board, as defined herein, shall print or create, or have
printed or created, or usc or distribute any business or infomlationaI card
depicting the County logo or in any way representing such Board member as a
representative of Collier County or as a County Board member. The County
Manager or his or her designee may, upon request and prior approval in writing,
authorize the County Board members to obtain a County photo identification card
identifying such members as a County advisory Board member.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2001-55,
AS AMENDED.
Section Seven is hereby amended to read a follows:
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
B. Terms ef effice for Board memeerB shall be limited to two cORseeutiye terms of
service en any ORe Beara; provided, hew ever, that ap]'leiRlmeRt ef a Boar<l
member to all initial term of ORe year shall Het Be considerea a "term of effice"
f-or purpose oftRe limitations set furtR in this section, and sBeR memBers sRall be
ontitlea to serye twe additional terms ifse appointed.
Words !J._mt~rJ.ill.G.d are added; Words 'stmek THrough are deleted,
4.__.......__..______,_______
17F
1
SECTION THREE: DELETION OF SECTION NINE OF ORDINANCE NO. 2001-55, AS
AMENDED.
Section Nine is hereby deleted in its entirety and the remaining Sections of Ordinance
No. 2001-55, as amended, are renumbered accordingly.
SECTION FOUR: CONFLICT AND SEVERABILITY,
In the event this Ordinance conflicts with any other ordinance of Collier County or othcr
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 thc
remaining portion.
SECTION FIVE: 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,"
Words Underlined are added; Words gtruel: Threugh are deleted.
Pi'lOP d "f':;
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17r
or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance
No. 86-41 and its amendments shall be changed to reflect the number assigned to this Ordinance.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary 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
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and gal sufficiency:
Jeffr
Cou
ow
Words Underlined are added; \Vords Strefl: Threl:l6~1 are deleted.
n~ __ C _.I:' ~
-,..._~,.~,.~._~~,--_._._._-,._-~,._._, -"-~-,,---,,.............._-<._-~,,-~_.
17F H1
Acct #068784
March 30, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: An Ordinance Amending Collier County Ordinance No. 2001-55
Dear Legals:
Please advertise the above referenced notice on Friday, April 3, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500099539
NOTICE OF INTENT TO CONSIDER ORDINANCE
17F
Notice is hereby given that on Tuesday, April 14, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 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, AMENDING ORDINANCE NO. 2001-55, AS AMENDED, WHICH ESTABLISHED
STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING
SECTION FIVE, "QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON
BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY BOARDS
SIMULTANEOUSLY, BY AMENDING SECTION SEVEN, "TERM OF OFFICE," TO
ELIMINATE TERM LIMITS; AND BY DELETING SECTION NINE, "REVIEW OF
BOARDS" IN ITS ENTIRETY; 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
Board and are available for inspection.
invited to attend and be heard,
file with the Clerk to the
All interested parties are
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 5 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 3301
17F
Tamiami Trail East, 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
17F.
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
Amending Ordinance 2001-55
Attachments:
Amending Ordinance 2001.55.doc; AMEND ORD 2001-55.doc
Legals,
Please advertise the following on Friday, April 3, 2009. Thanks
~J
Amending AMEND ORD
,inonce 2001-55.de ~OOl-55.doc (28 KB
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fox
(T eresa.Po laski@collierclerk.com)
1
Teresa L. Polaski
17f
From:
Sent
To:
Subject:
postmaster@collierclerk.com
Monday, March 30, 2009 3:29 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT134042.txt; Amending Ordinance 2001-55
u
LJ
A TT134042.txt
(231 B)
Amending
:Jrdinance 2001-5:
This
is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that on TlJesday. April 14,
2009. in the Boardroom. 3rd Floor. Administration
Building. Collier County Government Center, 3301
East Tamiaml Trail, Naples. Florida. the Board of
County Cornmiss'loners will consider the enactment
of a County Ordinance. The meeting will com.
mence at 9:00 A,M. The title of the proposed Ordi,
nance is as follows:
17F
AN ORDINANCE OF THE BOARD OF COUNTY COM.
MISSIONERS OF COLLlEA COUNTY. FLOr~IOA.
AMENDING ORDINANCE NO, 2001-55.. AS AMENDED.
WHICH ESTABLISHED STANDARDS FOR CREATION
AND REVIEW OF COUNTY BOARDS. BY AMENDING
SECTION fiVE. "QUALIFICATIONS AND REQUIRE.
MENTS FOR MEMBERSHIP ON BOARDS." TO ALLOW
SERVICE ON MORE THAN TWO COUNTY BOARDS SI.
MULTANEOUSLY. BY AMENDING SECTION SEVEN.
"TERM Of OFFICE," TO ELIMINATE TERM LIMITS;
AND BY DELETING SECTION NINE. "REVIEW OF
BOARDS" IN iTS ENTIRETY; PROVIDING FOR CON-
FLICT AND SEVERABILITY; PROVIDING FOR INClU.
SION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with
tile Clerk to tile Board and are available for inspec-
tion, All interested parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda
item !nus.t register with the County administrator
prior to presentation of the agenda item to be ad-
dressed, Individual speakers will he limited to 5
minutes on any item. The seiectlon .of an Individual
to speak on behalf of an organization or group is
encouraged. If recognized by the Chairman. a
spokesperson for a grOllp or organization may be
allotted 10 minutes to speak on an Item.
Persons wlshln~ to have written or graphic ma'
terials included In the Board agenda packets must
submit said material a minimum of 3 weeks priorto
the respective public hearing. In any case. written
materials intended to be considered by the Board
shall be sllbmitted to the appropriate County staff
a minimum of seven days prior to the PUblic hear-
ing, All material used in presentations before the
Board will be<:ome a permanent part elf 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 en.
sure 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 disab'tlity who needs any
accommodation in order to participate in this pro,
ceeding; you are entitled. at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facil'rties Management Department.
located at 3301 Tan11ami Trail East. BUilding w.
N<lples. Florida 34112, (239) 252-8380. Assisted lis-
tening devices for the hearing impaired are ayaH,
able 'In the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E.BROCK. CLERK
By: Teresa Polaski, Deputy Clerk
April 3
No.1790013
17F 'J
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, March 30, 2009 3:51 PM
Teresa L. Polaski
Ad Confirmation
Attachments:
UAS301.jpg
rl
UAS301.jpg (87
KB)
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, April 14, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 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, AMENDING
ORDINANCE NO. 2001-55, AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION AND REVIEW OF
COUNTY BOARDS, BY AMENDING SECTION FIVE, "QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP
ON BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY BOARDS SIMULTANEOUSLY. BY AMENDING
SECTION SEVEN, "TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY DELETING SECTION NINE,
"REVIEW OF BOARDS" IN ITS ENTIRETY; 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 5 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
3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted
listening devices for the hearing impaired are available in the County Commissioners I
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
April 3 No.1790013
1
Thank you for
Date
Publication
Account Number
Ad Number
Total Ad Cost
Emely
213-6061
17F ,
placing your ad.
03/30/09
NDN
744107
1790013
$431.66
2
Naples Daily News
Naples, FL 34102
17F
Affidavit of publication
Naples Daily News
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - , - - - - - - - - - - - - - -- - - -c\ - _ - - - - - - - - - - - - + - .. - - - - - - - - - - - - - - - - - - - -
Signature of Aff iant tVvl 'n ~
Sworn to and Subscribed before me ~hiS '6 \--1> day of C~
C -tYl/0
BCC/CDES BUDGET OFFICE
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068784
59569839
4500099539
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vlce President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 04/03 04/03
AD SPACE:
FILED ON:
152 LINE
04/03/09
til,,17GMn
20 Gel
C'U) J 4)~..,., r,:.'.:":'~.c. dHANELA.MCDONALcD
",' , 'co' Col11mlsslon 00 650470
"'9""(;,.f Expires June 29, 2011
.'!:(9f::\~~~" fj~~dcd To~u' rol' Fa,". 'n:;ura~ce 800-386-701:;
Personally known by me
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office_ The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
17r
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line throulZh routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing ord~)
I.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 4-15-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Jeffrey A. KIatzkow Phone Number 252-8400
Contact
Agenda Date Item was April 14, 2009 Agenda Item Number 17 F
Aooroved bv the BCC
Type of Document Ordinance 9f)ffl ,.\ iR Number of Original One
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions havc been initialed by the County Attorney's
Office and all other ,arties exc t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a IicabIe.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are Ie uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 4-14-09 and all changes made during the JAK
meeting bave been incorporated in the attached documeut. The County Attorney's
Office has reviewed the chan es, if a licable.
N/A(Not
A Iicable)
JAK
I: Forms! County Forms! Bee Forms/ Original Documents Rouling Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
09.BCC,00536113
17F .~
ORDINANCE NO. 2009-.1...fL
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55,
AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION
AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE,
"QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON
BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY
BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN,
"TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY
DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in keeping with its policy to promote economy, efficiency and improve
service in the transaction of the public business by County Boards, the Board of County
Commissioners, through adoption of Ordinance No. 2001-55, established standards for creation
and review of County boards; and
WHEREAS, Ordinance 2001-55 was subsequently amended through the adoption of
Ordinance No. 2006-39 and Ordinance No. 2007-58; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance
No. 2001-55, specifically, Section Five entitled, "Qualifications and Requirements for
Membership on Boards," to allow persons to serve on more than two County Boards
simultaneously; Section Seven entitled, "Term of Office," to eliminate terms limits; and to delete
Section Nine, "Review of Boards" in its entirety.
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. 2001-55,
AS AMENDED.
Section Five is hereby amended to read a follows:
SECTION FIVE: Qualifications and Rcquirements for Membership on Boards.
Words Underlined are added; Words StnlCl: TRf0UbR are deleted.
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17F ~
A. All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. The
foregoing requirement may be exempted, however, if an ordinance creating a
board specifies the need for membership outside Collier County's boundaries. In
addition, all Board members should have demonstrated an interest in the activity
or service, which is the purpose of the Board. The provisions of this paragraph
may be exempted, however, if an ordinance creating a board specifies the need for
membership outside Collier County's boundaries.
B. Any member of a County Board who ceases to be a resident of Collier County
during his or her term of office shall immediately advise the Commission of such
change in status. Upon such notice, the Commission shall declare the position to
be vacant and shall promptly fill same pursuant to the provisions of Section Six,
herein.
C. The Commission's primary consideration in appointing Board members shall be
to provide the Board with the technical, professional, financial, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Board's Ordinances as qualifications
for board membership are considered to be primarily directory and not mandatory.
D. No person sllall serve on more tllan two County Boards simllltaneollsly. If
aflplication is made for sen'ice on a tllird board, tile applicant mllst resign
simllltaneollsly from one of his or Iler current Board positions, or tile application
f{)r a tllird board sllall be disqualified. Tllis provision, however, may be '.vai':ed to
allow for service on additional Boards provided the Commission votes
unanimoHsly to '.vaive such provision.
g, D. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such board during his or her candidacy
unless such Board member/candidate is running unopposed for a non-
remunerative elective position or an elective position receiving nominal
remuneration, such as the Mosquito Control District Board or a fire district board.
Should any County Board member compete for an elective non-remunerative
political office or a nominally-remunerative political office on the date
applications for candidacy expire, such candidacy shall be deemed a tender of
Words Underlined are added; Words Struck Thre1:l6fl are deleted.
Page 2 of 5
17 F~4
resignation from such Board and the Board shall immediately advise the
Commission in writing of said resignation. No Board Member shall be required
to resign or deemed to have tendcred his or her resignation unless such candidacy
is being opposed. The Commission shall deem the position vacant upon receipt of
written notice of said resignation. The Board member shall not serve at any
meetings after his or her position becomes vacant pursuant to this Ordinance.
This provision shall not apply to candidates who currently serve in elected
positions and who are seeking re-election.
F.. E. The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collier COllnty shall constitute a conflict of interest with Collier
County and shall be deemed a tender of resignation from such Board. The
COllnty Board member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the provisions of Section Six,
herein.
Go F. No member of any County Board, as defined herein, shall print or create, or have
printed or created, or use or distribute any business or informational card
depicting the County logo or in any way representing such Board member as a
representative of Collier County or as a County Board member. The County
Manager or his or her designee may, upon request and prior approval in writing,
authorize the County Board members to obtain a County photo identification card
identifying such members as a County advisory Board member.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2001-55,
AS AMENDED.
Section Seven is hereby amended to read a follows:
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
B. Teffils of office for Beard members SHall be limited to two eonseelftiye tenns of
service on aR)' ORe Board; Jlrovided, Howe'/er, tHat aJ'lJloiRtment ef a Board
memBer to aR initial tenn of ORe year shall Rot be cOl'lsidered a "tcffil ef office"
for JlllFflose of the limitations set fOrth in this section, aI'ld slIch members shall be
eRtitled to ser.'e two additional teffils if so aJlJloiRted.
Words Underlined are added; Words Struck ThroBgh are deleted.
Page 3 or5
17f ~
C. /\ppointments to fill a vaeancy for tHe remainder or balaBee of a teffi'l of officc
shall be eOl'lsidercd a term of office for tHe pHrpose of the limitations set fortH in
sHbseetion (b), aBove, OBI)' if the remainder of tHe term to Be served e)(eeeds 50
pereent of tHe fHll term.
D. By llnanimoHs vote of tHe eommission, the limitations set fortH in sllhseetion (b)
aBove may be 'l:aived.
E. NotHing set forth in tHis seetion shall proHibit any individlial rr-em being
reappointed to a board after a HiatHs of two years.
~ B. All members of Boards created by the Commission shall serve at the pleasure of
the Commission and may automatically be removed by a majority vote of the
quorum of the Commission.
SECTION THREE: DELETION OF SECTION NINE, ENTITLED "REVIEW OF
BOARDS," OF ORDINANCE NO. 2001-55, AS AMENDED.
Section Nine, entitled "Review of Boards," is hereby deleted in its entirety and the
remaining Sections of Ordinance No. 2001 -55, as amended, are renumbered accordingly.
SECTION FOlJR: 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 FIVE: INCLlJSION 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," "artiele,"
Words Underlined are added; \Vords Strud~ Through are deleted.
Page 4 of 5
17F 'If
or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance
No. 86-4] and its amendments shall be changed to reflect the number assigned to this Ordinance.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \<1+kdayof ~....\ \
,2009.
ATTES,w'C' '.,cD .'
DWI(JH~ .E. BRQCK..:CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~ -
~;.,.>""
11~ .,.
Approved as to form
and gal sufficiency:
Ry ~ J. ~
DONN , A ~
ow
Words Underlined are added; Words Struel: Thmubh are deleted.
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