Ordinance 2021-49 ORDINANCE NO.2021 - 49
AN ORDINANCE CREATING THE COLLIER COUNTY PUBLIC ART
COMMITTEE; PROVIDING FOR THE FUNCTIONS, POWERS AND
DUTIES OF THE COMMITTEE;PROVIDING FOR APPOINTMENT AND
COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING
FOR REMOVAL FROM OFFICE; PROVIDING FOR OFFICERS,
QUORUM, AND RULES OF PROCEDURE; PROVIDING FOR
REIMBURSEMENT OF EXPENSES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 23,2019 the Board of County Commissioners (Board) adopted
Resolution 2019-75 an amendment to the Collier County Community Redevelopment Plan that
includes the development of an Arts and Cultural Plan for the Bayshore Gateway Triangle
Community Redevelopment Area; and
WHEREAS, on March 24, 2020 the Board adopted Cultural Paradise: Celebrating
Creativity in Collier County (the County Arts and Cultural Strategic Plan),the inaugural arts and
cultural plan for the County; and
WHEREAS,on July 23,2021, Board adopted the Bayshore Gateway Triangle Public Art
Pilot Plan to advance the County Arts and Culture Strategic Plan goals and the commitments to
the Collier County community by (a) elevating the area as an arts destination, (b) strengthening
Collier County's arts and cultural ecosystem, and (c) further implementing the Community
Redevelopment Plan; and
WHEREAS, the Board wishes to create a Public Art Committee to advise the Board on
all matters relating to the public art within the entire unincorporated area of the County, including
the Bayshore Gateway Triangle Community Redevelopment Area.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Establishment of the Collier County Public Art Committee.
The Board of County Commissioners hereby establishes the Collier County Public Art
Committee(the"Committee"). The purpose of the Committee is to serve as a forum for advancing
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public art in Collier County,and to make recommendations to the Board of County Commissioners
in matters related to public art policies, issues,programs, and plans for the benefit of the citizens
of Collier County, Florida.
SECTION TWO: Functions, Powers and Duties of the Committee.
The function, powers and duties of the Committee shall be as follows:
A. To review proposals to provide public artwork either through loan, donation, or purchase,
and make recommendations to the Board of County Commissioners.
B. To review and make recommendations to the Board of County Commissioners for the off-
site location of public art in public places.
C. To provide comments and recommendations to the Board of County Commissioners as to
proposed public art for public structures owned by the County, including property located within
Community Redevelopment Areas.
D. To confer with persons or organizations who have offered to donate or loan works of art to
the County for proposed placement on public property.
E. To perform other duties as directed by the Board.
SECTION THREE: Appointment and Composition.
The Committee shall be composed of seven members. In keeping with Ordinance 01-55,
as amended,the County Advisory Board Ordinance,members of the Committee shall be appointed
by and serve at the pleasure of the Board of County Commissioners. Said members shall be
permanent residents and electors of Collier County. In making such appointments,the Board will
give preference to members of local arts organizations, architects, planners, and working artists.
All members of the Public Art Committee shall be persons with knowledge of and appreciation
for the visual arts.
SECTION FOUR: Terms of Office.
The initial terms of office of the Committee members shall be as follows:
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A. Three members shall serve an initial term of one year.
B. Four members shall serve an initial term of two years.
Thereafter,each appointment or re-appointment shall be for a term of two(2)years. Appointments
to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office.
SECTION FIVE: Removal from Office
Removal of members from the Committee shall be in accordance with the provisions of
Collier County Ordinance No.2001-55,as amended;however,any member of the Committee may
be removed from the Committee,with or without cause,by a majority vote of the Board of County
Commissioners.
SECTION SIX: Officers; Quorum; Rules of Procedure.
A. Annually the members of the Committee shall elect a chairman and vice chairman from
among the members. Officers' terms shall be for one(1)year with eligibility for re-election.
B. The presence of four or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure
or guidelines for the transaction of business and shall keep a written record of meetings,
resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to
approval by the Board of County Commissioners.
SECTION SEVEN: Reimbursement of Expenses.
Members of the Committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their duties upon
prior approval of the Board of County Commissioners.
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 this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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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 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 TEN: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this f�>�h day of D e,c wlvte , 2021.
ATTEST:,' "416 BOARD F COUNTY COMMISSIONERS
CRYS1 L K. KINZ1; CLERK COLLI R TY, FLORIDA
k tA-•
By: , �i���,_ IA :d i� � By:
1 Penny aylor, Chairman
Attest as to Chai(
signature only.
Approve, as o o I - . ty:
-''41
Jeffrey Al lat� .w, County Attorney
This ordinance filed with the
Secretary of State's Office the
..1 day of 'rt- % -.
and acknowledgement of that
filing received this 40Y
Of
ay
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•
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
December 17, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-49, which was filed in this office on December 16,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270