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Resolution 1986-41 ORDINANCE NO. 86 - 41 ORDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS AND PROVIDING A POLICY DECLARATION; PROVIDING EXEMPTION; PROVIDING DEFINI- TIONS; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENTS; PROVIDING TERMS OF OFFICE; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING ATTEN- DANCE REQUIREMENTS; PROVIDING SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: POLICY DECLARATION. It_ is hereby declared to be the policy of the Board of County Commissioners of Collier County, Florida, to promote economy, efficiency and improved service in the transaction of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the Commission from amending or abolishing, at any time, any Board currently in existence or hereinafter created. SECTION TWO: DEFINITIONS. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, commit- tee , task force or any other group created and funded in whole or in part by the Board of County Commissioners . The term "Commission" is defined as the Board of County Commissioners of Collier County, Florida. The term "Exempt" is defined to . include Ad-Hoc Study Committees appointed by Resolution of the Board of County Commis- sioners for a duration of not more than one (1) year and created to serve a specific short-term function. SECTION THREE: CREATION OF NEW BOARDS. (a) All Boards created after the effective date of this Ordinance shall be created by ordinance only, except for the Ad-Hoc Study Committees which fall under the definition of Exempt. Such ordinance shall set forth the Board' s purposes; functions ; powers; responsibilities; jurisdiction; membership T • r requirements and restrictions; terms and conditions of appoint- ment to and removal from the Board; and the specific staff support, if any, necessary to prepare an annual report, either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for said ordinance , the County Manager shall submit to the Commission, a report setting forth the following information concerning the proposed new Board: 1 . ) Whether the establishment of the Board will create sufficient betterment to the community to justify the Commission' s delegation of a portion of its authority. 2. ) Whether another Board or agency, either public or private , already in existence, could serve, or is serving the same purpose. 3 . ) The costs , both direct and indirect-, of - estab- fishing and maintaining the new Board. .. 4 . ) Whether creation of _the new Board is necessary to . enable the County to obtain state or federal grants or other financing. 5 . ) Whether the Board should have bonding- authority. 6 . ) Whether creation .of a new Board is the best method to achieve the benefit desired. SECTION FOUR: EXEMPTION. _ _ The Board of County Commissioners may, by resolution; appoint an Ad-Hoc Study Committee for a specific project, if the duration of the Committee does not exceed. one (1) year duration. The resolution must set forth the duties and responsibilities of the .Committee and contain language which automatically .dissolves the Committee in one - (1) year from the date of adoption by the Commission. _ _ _ SECTION FIVE: QUALIFICATIONS AND REQUIREMENTS FOR _ FOR MEMBERSHIP ON BOARDS All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. In addition, all Board members should have 2 00// demonstrated an interest in the activity or service which is the purpose of the Board. 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. The Commission' s primary consideration in appointing Board members shall be to provide the Board with the technical, profes- sional, financial, business or administrative expertise necessary to effectively accomplish the Board' s purpose. No person shall serve on more than two County Boards simul- taneously. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board. Should any County Board member qualify as a candidate for an elective political office , such qualification shall be deemed a tender of resignation from such Board. Any County Board member who has qualified for elective political office prior to the effective date of this Ordinance shall not be required nor be deemed to have resigned from such Board. SECTION SIX: PROCESS OF APPOINTMENT. (a) Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse . (b) Prior to making appointments to Boards, the Commission ' s staff shall provide the Commission with a list outlining the qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each Board to which an appointment is being made. 3 ///// . SECTION SEVEN : TERM OF OFFICE. (a) Terms of office for Board members shall be staggered. (b. ) (1) Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; pro- vided, however, that any person currently serving on a Board shall be permitted to serve on that Board until the expiration of his or her term. (2) By a unanimous vote of the Commission, the limita- tions set forth in subsection (b) (1) above may be waived. (c) Nothing set forth in subsections (b) (1) above shall prohibit any individual from being reappointed to a Board after a hiatus of two years. SECTION EIGHT: ATTENDANCE REQUIREMENT. Any Board member shall be auomatically re _ if he or she is absent from two consecutive Board meetings without a satis- factory excuse or if he or she is absent from more than one-half of the Board' s meetings in a given fiscal year. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meeting. SECTION NINE: REVIEW OF BOARDS . Commencing January 1 , 1987, each Board shall be reviewed in the following manner: (a) On or before January 15th of the year in which a Board is to be reviewed, its Chairperson shall submit to the County Manager a report setting forth the following information regarding the Board: 1 . ) Whether the Board is serving the purpose for which it was created. 2 . ) Whether the Board is adequately serving current community needs . 3 . ) A list of the Board ' s major accomplishments for the preceding twelve month period. 4 . ) Whether there is any other Board or agency, either public or private , which is serving or would better serve the purpose for which the Board was created. 4 5 . ) Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. 6 . ) Whether the Board' s membership requirements should be modified. 7 . ) The cost, both direct and indirect, of maintaining the Board. (b) On or before February 15th of the year in which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section 9 (a) of this Ordinance , together with any recommendation or comments the County Manager may have. (c) During March of the year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section 9 (a) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee con- sisting of three (3) members of the Commission. Said subcom- mittee shall evaluate the Chairperson ' s report, the County Manager ' s recommendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. (d) At the conclusion of this review process, the Commis- sion shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years . (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed once every four (4) years thereafter: 1987 : Board of Adjustment and Appeals Food Establishment Review Board Tourist Development Council Emergency Medical Services Advisory Council 5 ,,Y .,xF f r //// 1988 : Library Advisory Board Golden Gate Community Center Advisory Committee Contractors Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board 1989 : Citizens Advisory Task Force Collier County Code Enforcement Board Golden Gate Parkway Beautification Advisory Committee Collier County Planning Commission 1990 : Marco Island Beautification Advisory Committee Ochopee Fire Control District Advisory Committee Natural Resources Advisory Council (EAC/WMAB) Public Vehicle Advisory Committee Immokalee Airport Advisory Board (f) All Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. SECTION TEN: 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: 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. PAS;SEP'rr`ANll'��DULY ADOPTED by the Board of County Commissioners of Col:1iee Coun'ty.,c,Florida, this 5th day of August , 1986 . ATTEST =Xr1 > _ _ JAIY ES? LES 1er-k BOARD OF COUNTY COMMISSIONERS COLLI R 5OUNTY FLORI By •r .r � �J // Vir i:Zi Ma, zi.r, By: o r•I,, Q• -1/ /0 �'(. g k /J HN A. PISTOR, Chairman Deputy `G.l,erk;_ � 9 I Approved as to form and legal sufficiency: R. Bruce Anderson Assistant County Attorney 6 I ORDINANCE NO. 86 - 41 ORDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS AND PROVIDING A POLICY DECLARATION; PROVIDING EXEMPTION; PROVIDING DEFINI- TIONS ; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENTS ; PROVIDING TERMS OF OFFICE; PROVIDING SCHEDULE • FOR REVIEW OF BOARDS; PROVIDING ATTEN- ABILITY; AND PROVIDING AN FF?FECTI' - DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS_ OF COLLIER COUNTY, FLORIDA: SECTION ONE: POLICY DECLARATION. It is hereby declared to be the- policy of the_ Board of • County Commissioners of Collier County, Florida, to promote economy, efficiency and improved service in the transa;tion of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the Commission from • amending or abolishing, at any time, any Board currently in existence or hereinafter created. SECTION TWO: DEFINITIONS. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, commit- • tee, task force or any other group created and funded in whole or in part by the Board of County Commissioners . The term "Commission" is defined as the Board of County Commissioners of' Collier County, Florida. The term "Exempt" is defined to include Ad-Hoc Study Committees appointed by Resolution of the Board of County Commis- sioners for a duration of not more than one (1) year and created to serve a specific short-term function. . SECTION THREE: CREATION OF NEW BOARDS . (a) All Boards created after the effective date of this Ordinance shall be created by ordinance only, except for the Ad-Hoc Study Committees which fall under the definition of Exempt. Such ordinance shall set forth the Board' s purposes; functions ; powers ; responsibilities ; jurisdiction; membership requirements and restrictions ; terms and conditions of appoint- ment to and removal from the Board; and the specific staff support, if any, necessary to prepare an annual report, either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for said ordinance, the County Manager shall submit to the Commission, a :puL L.. setting forth the following information conc:etnil.:7 LJroposk . i new Board: 1 . ) Whether the establishment of the Board will create sufficient betterment to the community to justify the Commission' s delegation of a portion of its authority. 2. ) Whether another Board or agency, either public or private, already in existence , could serve , or is serving • the same purpose. 3 . ) The costs , : both direct and indirect-, of - estab- lishing- and maintaining .the new-. Board. .. _...�_ A . ) _._Whether - creation of _the new Board is necessary to enable the County to obtain state or federal grants or other '2.7 financing. _ 5 . ) Whether the Board should have bonding authority. -6. )- Whether creation .of a new Board is the best method to achieve the benefit desired. SECTION FOUR: EXEMPTION. .._.: _ The Board of . .County Commissioners may, by resolution, appoint an Ad-Hoc Study Committee for a specific project, if the duration of the Committee does not .exceed one (1) year duration. The resolution must set forth the duties and responsibilities of the..Committee and.-contain language which automatically .dissolves . the Committee in one - (1) year from the date of adoption by the Commission. SECTION FIVE: QUALIFICATIONS AND REQUIREMENTS FOR - . FOR MEMBERSHIP ON BOARDS All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. In addition, all Board members should have 2 ( demonstrated an interest in the activity or service which is the purpose of the Board. 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 to<. provisions of Sec Lion Six herein. The Commission' s primary consideration ir. appointing Board- members shall be to provide the Board with the technical, profes- - sional, financial, business or administrative expertise necessary to effectively accomplish the Board' s purpose. No person shall serve on more than two County Boards simul taneously. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board. Should any County Board member qualify as a candidate for an elective political office , such qualification shall be deemed a tender of resignation from such Board. Any County Board member who has qualified for elective political office prior to the effective date of this Ordinance shall not be required nor be • deemed to have resigned from such Board. SECTION SIX: PROCESS OF APPOINTMENT. (a) Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse. (b) Prior to making • appointments to Boards, the • Commission' s staff shall provide the Commission with a list outlining the qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members . . seeking reappointment on each Board to which an appointment is being made. 3 SECTION SEVEN: TERM OF OFFICE. (a) Terms of office for Board members shall be staggered. (b. ) (1) Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; pro- vided, however, ' that any person . currently serving on a Board shall be permitted to serve- on- that Board until the expiration of his or her term. (2) By a unanimous vote of the Commission , the limita- tions set forth in subsection (b) (1) above may be waived. (c) Nothing set forth in subsections (b) ( 1) above shall prohibit any individual from being reappointed to a Board after a hiatus of two years. SECTION EIGHT: ATTENDANCE REQUIREMENT. Any Board member shall be automatically removed if he or she is absent from two consecutive Board meetings without a satis- factory excuse or if he or she is absent from more than one-half of the Board' s meetings in a given fiscal year. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meeting. SECTION NINE: REVIEW OF BOARDS . Commencing January 1 , 1987 , each Board shall be reviewed in • the following manner: (a) On or before January 15th of the year in which a Board _ _ is to be reviewed, its Chairperson shall submit to the County Manager a report setting forth the following information regarding the Board: ' 1. ) Whether the Board is serving the purpose for which it was created. - - 2.) Whether the -Board is adequately serving current community needs . 3 . ) A list of the Board' s major accomplishments for the preceding twelve month period. 4 . ) Whether there is any other Board or agency, either public or private , which is serving or would better serve the purpose for which the Board was created. 4 ( 5 . ) Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it _was created. 6 . ) Whether the Board' s membership requirements should be modified. 7 . ) The cost, both direct and indirect, of maintaining the Soar (b) On or before February 15th of the yea in which a Board is to be reviewed, the County Manager shai: deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section 9 (a) of this Ordinance , together with any recommendation or comments the County Manager may have. (c) During March of the _year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the • Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section 9 (a) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee con- sisting of three (3) members of the Commission. Said subcom- mittee shall evaluate the Chairperson ' s report, the County Manager' s recommendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. (d) At the conclusion of this review process , the Commis- sion shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years . (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed once every four (4) years thereafter: 1987 : Board of Adjustment and Appeals Food Establishment Review Board Tourist Development Council Emergency Medical Services Advisory Council 5 1988 : Library Advisory Board Golden Gate Community Center Advisory Committee Contractors Licensing Board Isles of Capri Fire Control District Advisory _Board Parks and Recreation Advisory Board 1989 : Citizens Advisory Task Force Collier County Code Enforcement Board Golden Gate Parkway Beautification Advisory Committee -. _CcIlicr County Pan_lint, Cc. mi .Scion 1990 : Marco Island Beautification Advisor•, Committee Ochopee Fire Control District Advisory Committee Natural Resources Advisory Council (EAC/WMAB) Public -Vehicle Advisory Committee Immokalee Airport Advisory Board (f) All Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. SECTION TEN: 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: 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 V'D'-DULY ADOPTED by the Board of County Commissioners j 0. of Collier''Coun't ,c..Florida, this 9th day of _luaust , 1936 . ATTEST` .* -.._..:7:17..-2• - _ JAMS? . LES'; er-k BOARD OF COUNTY COMMISSIONERS .'„ `� '\ COLLIER COUNTY,. FLORZ By /, • Virginiff: •1�Ia:gX'i. . By: �. A., V. 4A Deputy `C1,erk /JOHN A. PISTOR, Chairman :Approved as to form and legal sufficiency: l . .._ 4. _ .__.IA - ii ..ra R. Bruce Anaerson Assistant County Attorney 6