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Ordinance 2016-07 ORDINANCE NO. 2016 - 0 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONVERTING THE COLLIER COUNTY PUBLIC TRANSIT ADVISORY COMMITTEE FROM AN AD HOC COMMITTEE TO A PERMANENT ADVISORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE REQUIREMENTS AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier Area Transit (CAT) began operations in February, 2001, by providing fixed-route service in Collier County, including a route operating on Marco Island, and a Marco Express route with service to and from Immokalee; and WHEREAS, by 2006, use of the CAT service exceeded one million riders; and WHEREAS, in 2011, in response to community demand, CAT expanded its service area within Collier County and also coordinated a connecting route with LeeTran in Lee County (LeeTran-LinC); and WHEREAS, on February 26, 2013, the Board of County Commissioners adopted Resolution 2013-50, creating an ad hoc Collier County Public Transit Advisory Committee intended to sunset one year from the date of its first meeting; and WHEREAS, due to positive response, the Board of County Commissioners subsequently extended this Advisory Committee's sunset date to July, 2016; and WHEREAS, the Board of County Commissioners recognizes the importance of public transportation to the community and desires to establish this as a permanent advisory committee to ensure that these service are efficient and meet community needs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 SECTION ONE: Creation and Purpose of the Collier County Public Transit Advisory Committee. The Board of County Commissioners hereby converts the Collier County Public Transit Advisory Committee (hereinafter the "Advisory Committee") from an ad hoc committee to a permanent advisory board. The purpose of the Advisory Committee is to make recommendations to the Board of County Commissioners in matters related to transit policies, issues, programs, and plans to provide mass transit services to the citizens of Collier County, Florida. Upon the effective date of this Ordinance, Resolution No. 2013-50, as amended, which established this as an ad hoc committee, is repealed and is no longer of any force or effect. SECTION TWO: Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Advisory Committee shall be: 1. To review and make recommendations to the Board of County Commissioners regarding transit policy, issues, programs and plans that will support the purpose as set forth herein. 2. To evaluate established policies, procedure, ordinances and development regulations and make recommendations in support of efficient and effective public transit for the future. 3. To serve as a forum for advancing countywide public transportation. 4. To provide to the Board of County Commissioners a program plan as provided in the Transit Development Plan. 5. To provide to the Board of County Commissioners a work plan detailing the goals and objectives of the Advisory Committee to be undertaken for the following year. SECTION THREE: Appointment and Composition, Terms of Office, Attendance and Filling of Vacancies. The Advisory Committee shall be composed of seven members whose membership shall include one representative designated by the District School Board of Collier County and, if possible, include representatives from large employers, health care related services, social 2 6 services, and transportation and planning professional. If possible, at least two representatives shall be passengers of the system. Members of the Advisory Committee shall be appointed and serve at the pleasure of the Board of County Commissioners. Members shall be sought in accordance with and shall meet the qualifications for membership and requirements outlines in Ordinance No. 01-55, as amended, or by its successor ordinance, except that an application from a principal or representative of a large employer who resides outside of Collier County may be considered where the large employer is located within Collier County boundaries. Appointment of members to the Advisory Committee shall be by resolution of the Board of County Commissioner, which resolution shall set forth the date of appointment. The initial terms of the committee shall be as follows: (1) Two members shall be appointed for a term of one year. (2) Two members shall be appointed for a term of two years. (3) Three members shall be appointed for a term of three years. Thereafter, each appointment or reappointment shall be for a term of three years. Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office. 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, and Rules of Procedure. At its earliest opportunity, the membership of the Advisory 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 four (4) or more members shall constitute a quorum of the Advisory Committee necessary to take action and transact business. The Advisory 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 Commissioner. The Advisory Committee shall keep a written record of meetings, resolutions, findings and 3 determinations. Copies of all Advisory Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: 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 SEVEN: 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 EIGHT: 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 22nd day of March, 2016. ATTEST ,• 8^a r? .-• BOARD OF COUNTY COMMISSIONERS D WIGHT E:BROC ,CLERK COLL ;R COUNTY, FLORIDA 6711112 je-e;& By - :4 .A �1 I I .y: Attest4s# C ; :putt' CT DONNA FIALA, CHAIRMAN signatare=tml�, ' `` A.proved as to fo.•• and lega ity: This ordinance filed with the ,it i 4 Secrgtary of�S�ote's Office she mily R. Pe '2.3_._day of�,►a �'- Assistant Co l ty Attorney and received ,t�of that filin• received this Z day of Lot' 1°140,(6) 4 Bydor -'51 1 ��;„,,T +ass'"` FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 23, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-07,which was filed in this office on March 23, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us