Ordinance 2008-48
ORDINANCE NO. 2008- 48
AN ORDINANCE CREATING THE CLAM BAY
ADVISORY COMMITTEE; PROVIDING FOR CREATION
AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND
DUTIES; PROVIDING FOR APPOINTMENT AND
COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND
FILLING OF VACANCIES; PROVIDING FOR REMOVAL
FROM OFFICE FOR FAILURE TO ATTEND MEETINGS;
PROVIDING FOR OFFICERS, QUORUM AND RULES OF
PROCEDURE; PROVIDING FOR REVIEW AND SUNSET
PROVISION; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved creating
the Clam Bay Advisory Committee on July 22, 2008; and
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WHEREAS, the purpose of this Committee is to review issues affecting the~re ~am
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Bay estuary system including the direction, management, health and long term vi~@y ~the"
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entire estuary system and to make recommendations directly to the Coastal Advisor~'tte1'1l
which will then forward any recommendations to the Board of County Commissioneg~d::- ~;::;
o~ Ul
WHEREAS, the Clam Bay estuary system is a designated Natural Resourae-lfYrot~tion
Area (NRP A).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Creation and Purpose of the Clam Bay Advisory Committee.
There is hereby created the Clam Bay Advisory Committee (hereinafter the
"Committee"). The Committee is created to assist the Coastal Advisory Committee and the
Board of County Commissioners with all issues affecting the entire Clam Bay estuary system,
including the management, direction, health, and long term viability of the estuary system.
SECTION TWO: Functions, Powers and Duties of the Advisory Committee.
Once members have been appointed to the Committee, the membership shall develop a
mission statement, outline its specific functions, powers, and duties, and develop a work plan
which will be presented to the Board of County Commissioners for review and approval.
The Committee will also recommend the boundaries of the Clam Bay estuary system to
the Board of County Commissioners.
SECTION THREE: Appointment and Composition; Terms of Office; Attendance and
Filling Vacancies.
The Committee shall be composed of nine members whose membership shall include two
representatives from Pelican Bay,; two representatives from Seagate and/or Naples Cay; one
resident from District 1; one resident from District 3; one representative from District 5; and two
members from the community at large with specific technical scientific expertise related to
estuary management and protection.
Committee members shall be sought in accordance with the provision of Collier County
Ordinance 01-55, as amended, or by its successor ordinance. The initial term of office of the
Committee shall be one year. The Committee will be reviewed by the Board of County
Commissioners in one year in compliance with Section Six of this Ordinance.
Members of the Committee shall be appointed and serve at the pleasure of the Board of
County Commissioners. Members shall meet the qualifications for membership and
requirements as outlined in Ordinance No. 01-55, as amended, or by its successor ordinance.
Appointment of members to the Committee shall be by resolution of the Board of County
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Commissioners, which resolution shall set forth the date of appointment. Appointments to fill
any vacancies on the Committee shall be for the remainder of the unexpired term.
Section Four. Removal from Office; Failure to Attend Meetings.
Removal from office and attendance requirements shall be governed by Ordinance No.
01-55, as amended, or by its successor ordinance.
Section Five. Officers; Quorum; Rules of Procedure.
At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among the members. Officers shall serve for a one year term with eligibility
for reelection.
The presence of five or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
The Committee shall, by majority vote of the entire membership, adopt by-laws for the
scope and transaction of business to be approved by the Board of County Commissioners. The
Committee shall keep a written record of meetings, resolutions, findings and determinations.
Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the
Board of County Commissioners.
Section Six. Review Process and Sunset Provision.
This Ordinance shall automatically sunset on December 31, 2009, unless otherwise
extended by Resolution of the Board of County Commissioners. The Committee shall provide a
written report to the Board of County Commissioners no later than October 20, 2009 with
recommendations on whether the Board should continue this Committee.
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Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
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: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ay of September, 2008.
ATTEST:
DWIoo~;t!.a:ROCK, CLERK
~~~ {b(a~K
,,". . Deputy Clerk
"rAtwst "to. CPt. f......... ,
"I-.".~wr~on 1 ·
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BOARD OF COUNTY COMMISSIONERS
COLLIE COUNT , FLORIDA
BY:
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
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Colleen M. Greene
Assistant County Attorney
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This ord'nance fHod with thl3
S<..'(.retory ot St:Jte's Office t\:e
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"n'~ acknowl.~dClement of tho!
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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 2008-48
Which was adopted by the Board of County Commissioners
on the 9th day of September, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2008.
DWIGHT E. BROCK
Clerk of Courts and Cl'erk
Ex-officio to Board of
County Commissioners
~UMA fro CD-'{i({U(
By: Teresa Polaski,
Deputy Clerk