Agenda 03/09/2021 Item #17A (Ordinance - Amending the Advisory Board Ordinance 2001-55)03/09/2021
17.A
EXECUTIVE SUMMARY
Recommendation to amend Ordinance No. 2001-55, as amended (the Advisory Board Ordinance),
to encourage appointments to advisory boards that better reflect the demographic and geographic
population of the County.
OBJECTIVE: To amend the Advisory Board ordinance to better reflect the demographic and
geographic population of the County.
CONSIDERATIONS: The County's Advisory Board Ordinance requires that appointments to advisory
boards be primarily based on the applicant's qualifications and expertise. It is my belief that when two or
more candidates for an advisory board seat are similar in qualifications and expertise, that as a secondary
consideration in making the appointment the Board should look at whether the advisory board reflects the
entire demographic and geographic population of the County, or for a local advisory board the
demographic and geographic population for that region. Accordingly, I am proposing the following
amendment to Section 5(C) of the Ordinance:
"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. The
commission's secondary consideration in appointing board members shall be to have
advisory boards reflect the entire demographic and geographic population of the
County, or region of the County for a local advisory board."
FISCAL IMPACT: Cost of advertising this ordinance amendment is $567, which was authorized on
February 23, 2021 under agenda item 16.11.3.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve the attached ordinance
amending Ordinance No. 2001-55, as amended.
PREPARED BY: William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. Ordinance amending Ord. No. 2001-55 Advisory Board Ordinance (PDF)
2. legal ad - agenda ID 15135 (PDF)
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17.A
03/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doe ID: 15135
Item Summary: Recommendation to amend Ordinance No. 2001-55, as amended (the Advisory
Board Ordinance), to encourage appointments to advisory boards that better reflect the demographic and
geographic population of the County.
Meeting Date: 03/09/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
02/24/2021 11:18 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
02/24/2021 11:18 AM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Budget and Management Office
County Manager's Office
Board of County Commissioners
Laura Wells Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Mark Isackson Additional Reviewer
Dan Rodriguez Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed
02/24/2021 11:35 AM
Completed
02/24/2021 2:32 PM
Completed
02/24/2021 4:29 PM
Completed
02/28/2021 4:32 PM
03/09/2021 9:00 AM
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17.A.1
ORDINANCE NO.2021 -
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 ENCOURAGE APPOINTMENTS THAT REFLECT THE
ENTIRE COUNTY POPULATION; 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 has been subsequently amended from time to time; 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 encourage
advisory
board appointments
that reflect
the
demographics of all five commission districts.
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 as follows:
SECTION FIVE: Qualifications and Requirements for Membership on Boards.
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
(YY-1562/1607615/1]
Words Underlined are added; Words Stmok 44woug t are deleted.
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17.A.1
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. The commission's secondary consideration in
appointing board members shall be to have advisory boards reflect the entire demographic
and geographic _ population of the County, or region of the County for a local advisory
hoard_
****************************
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
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relettered to accomplish such, and the word ordinance may be changed to section, article, z
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
[YY-1562/1607615/ 1 ]
Words Underlined are added; Words &f1sk Thfeu&4 are deleted.
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17.A.1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 9u' day of March, 2021.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Appr§ a# t# f�r and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
Jeffrey. Kla-,4zk6w, County Attorney r
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(15135) 17.A.2
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
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Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on March 9,
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2021, in the Board of County Commissioners Meeting Room,
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Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples FL., the Board of County Commissioners (BCC) will con-
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Sider the enactment of a County Ordinance. The meeting will
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commence at 9:00 A.M. The title of the proposed Ordinance is
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as follows:
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
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OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
STANDARDS FOR
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2001-55, AS AMENDED, WHICH ESTABLISHED
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CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING
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SECTION FIVE, -QUALIFICATIONS AND REQUIREMENTS FOR
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MEMBERSHIP ON BOARDS," TO ENCOURAGE APPOINTMENTS
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THAT REFLECT THE ENTIRE COUNTY POPULATION; PROVIDING
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FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
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IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
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A copy of the proposed Ordinance is on file with the Clerk to
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the Board and is available for inspection. All interested parties
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are invited to attend and be heard.
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NOTE: All persons wishing to speak on any agenda item must
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register with the County manager prior to presentation of the
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agenda item to be addressed. Individual speakers will be limit-
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ed to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
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recognized by the Chairman, a spokesperson for a group or or-
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ganization may be allotted 10 minutes to speak on an item.
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Persons wishing to have written or graphic materials included in
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the Board agenda packets must submit said material a minimum
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of 3 weeks prior to the respective public hearing. In any case,
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written materials intended to be considered by the Board shall
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be submitted to the appropriate County Istaff a minimum of
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seven days prior to the public hearing. All materials used pre-
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sentations before the Board will become a permanent part of
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the record.
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As Part of an ongoing initiative to promote social distancing
during the COVID-19 pandemic, the public will have the oppor-
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tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to Par-
ticipate time the agenda is
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remotely, should register any after
posted on the County website which is 6 days before the meet-
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ing through the link provided on the front page of the County
website at www.colliercountyfl.gov. Individuals who register
will receive an email in advance of the public hearing detailing
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how they can participate remotely in this meeting. For addition-
ce)
al information about the meeting please call Geoffrey Willig at
252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
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Any person who decides to appeal any decision of the Board
will need a record of the pertaining thereto and
in
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proceedings
therefore, may need to ensure that a verbatim record of the
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proceedings is made, which record includes the testimony and
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evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
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tion in order to participate in this proceeding, you are entitled,
Please
at no cost to you, to the provision of certain assistance.
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
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(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
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Board of County Commissioners Office.
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BOARD OF COUNTY COMMISSIONERS
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COLLIER COUNTY, FLORIDA
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PENNY TAYLOR, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
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By: Ann Jenne ohn, Deputy Clerk
P�ib Date: Feb 25,201 #4616170
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