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Agenda 01/28/2014 Item #16H 4Irmo 1/28/2014 16.H.4. EXECUTIVE SUMMARY Recommendation to adopt a Resolution removing a member from the Black Affairs Advisory Board and to declare the member's seat to be vacant. OBJECTIVE: That the Board of County Commissioners (Board) removes Frank Cummings from the Black Affairs Advisory Board and further declares the member's seat to be vacant. CONSIDERATIONS: On July 26, 2011, Frank Cummings was appointed to a four -year term on the Black Affairs Advisory Board. Ordinance 91 -38, which created the Black Affairs Advisory Board, provides in relevant part that "Members of the board shall be appointed by and serve at the pleasure of the Board of County Commissioners;" and further, that "Any member of the Black Affairs Advisory Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners." Mr. Cummings was recently arrested and is facing multiple serious charges. FISCAL IWACT: None GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed Resolution was drafted 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 adopts the attached Resolution removing Frank Cummings from the Black Affairs Advisory Board, and further declares the member's seat to be vacant. ATTACHMENTS: Collier County Ordinance 91 -77 Collier County Ordinance 09 -16 Roster of members of the Black Affairs Advisory Board PREPARED BY: Mike Sheffield 1/28/14 Packet Page -747- 1/28/2014 16.H.4. .-� COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.4. Item Summary: Recommendation to adopt a Resolution removing a member from the Black Affairs Advisory Board and to declare the member "s seat to be vacant. Meeting Date: 1/28/2014 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 1/21/2014 2:16:24 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo n 1/21/2014 2:16:26 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 1/22/2014 9:17:38 AM Name: OchsLeo Title: County Manager Date: 1/22/2014 9:34:42 AM Packet Page -748- 1/28/2014 16.H.4. RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REMOVING A MEMBER FROM THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, Ordinance 91 -38 created the Black Affairs Advisory Board; and WHEREAS, pursuant to this ordinance, "Members of the board shall be appointed by and serve at the pleasure of the Board of County Commissioners;" and further, that "Any member of the Black Affairs Advisory Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners;" and WHEREAS, for the reasons set forth in the record, the Board hereby elects to remove Mr Frank Cummings from this Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that effective immediately, Mr. Frank Cummings is no longer a member of the Black Affairs Advisory Board, and that staff advertise this open position. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ATTEST: DWIGHT E. BROCK. CLERK , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 2014. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Tom Henning, Chairman. 1 Packet Page -749- 1/28/2014 16.H.4. � s � ORDINANCE NO. 91- 77 ORDINANCE AMENDING COLLIER COUNTY ORDINANCEI, 91 -38 ESTABLISHING THE BLACK AFFAIRS VISORY BOARD BY AMENDING SECTION TWO TO ;,,:•= CREASE THE NUMBER OF MEMBERS FROM SEVEN TO !';.•' 1' NE MEMBERS; REVISING SECTION THREE TO INCLUDE,' ". t"1 E TERMS OF OFFICE FOR NINE MEMBERS; REVISING CTION FIVE WHICH ESTABLISHES THE NUMBER OF ' MBERS FOR A QUORUM; PROVIDING FOR CONFLICT D SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. , the Board of County Commissioners on May 14, 1991 ier County Ordinance No. 91 -38 creating a seven (7) Affairs Advisory Board; and the Board of County Commissioners on June 25, 1991 :hat the.Black Affairs Advisory Board should be nine (9) members. IEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY tS OF COLLIER COUNTY, FLORIDA, that: Amendment to Section Two of Collier County Ordinance No. 91 -38. i Two of Collier County Ordinance No. 91 -38 is hereby -ead as follows: I TWO. Appointment and Composition. . The Board shall be composed of seven - {4} nine f91 a to be appointed by resolution of the Board of County sioners. Members of the Board shall be appointed by and serve pleasure of the Board of County Commissioners. Said 1 shall be permanent residents and electors of Collier Appointment of members to the Board shall be by :ion of the Board of County Commissioners, which :ion shall set forth the date of appointment and the office. Amendment to Section Three of Collier County Ordinance No. 91 -38. i Three of Collier County Ordinance No. 91 -38 is hereby -ead as follows: Q �1 C•45F 3g? , 1 t- through are deleted; words underlined are added. Packet Page -750- a 1/28/2014 16.H.4. SECTION THREE. Terms of office. The initial terms of office of the Board members shall be as follows: A. Three (3) members shall serve for two (2) years. B. Three (3) members shall serve for three (3) years. C. Two -fB} Three (3) members shall serve for four (4) years. Thereafter, each appointment or re- appointment shall be for a term of four (4) years. A member of the Board may be re- appointed by the Board of County Commissioners for one (1) successive term. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Board shall be for the remainder of the unexpired term of office. SECTION THREE. Amendment to Section Five of Collier County Ordinance No. 91 -38. Section Five of Collier County Ordinance No. 91 -38 is hereby amended to read as follows: SECTION FIVE. officers; Quorum; Rules of Procedure. A. Annually the membership of the Board 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 -f4} five f5) or more members shall constitute a quorum of the Commission necessary to take action and transact business. In addition, an affirmative vote of four -f4} five (5) or more members.shall be necessary in order to take official action, regardless of whether four f4} five (5) or more members of the Commission are present at the meeting. C. The Board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all 2 °' (:45 ' 388 Words struck - through are deleted; words underlined are added. Packet Page -751- Board minutes, resolutions, reports, and exhibits shall be submitted to the Bc.,rd of County Commissioners. D. All Board meetings shall be open to the public. SECTION FOUR. 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 FIVE. 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 AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /-?'� day of , 9i :•�A�J �, ; y� J=EST:,'," � BOARD OF COUNTY COMMISSIONERS - ;JAMES C. GILE6', CLERK COLLIER COUNTY, FLORIDA �.' •. BY Atti� PATRICIA ANNE GOODNIGAT vr/ T,1��11��. CHAIRMAN Ap rove as. to form and.legal.sufficiency: David C. e" Assistant County <Jttorney This ordinance filed with the Secretory of State's Office y �/Jdoy of and ocknowiedge ent of that filing received this a /vim ' By �r Grt ® U45 rv� 389 3 Words struck - through are deleted; words underlined are added. - Packet Page - 752 - -- 1'• Y,1 STATE OF FLORIDA ) COUNTY OF COLLIER ) M I, JAMES-C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91 -77 W'1 /28/2014 1 which was adopted by the Board of County Commissioners on the 13th day of August, 1991, during Regular Session. WITNESS'my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th -day of August, 1991. JAMES C. GILES Clerk of Courts and Clerk Ex- officio to Board of County Commissioners /s /Maur�,,yon Deputy Clerk L145 1390 Packet Page -753- �r Q 1/28/2014 16.H.4. ORDINANCE NO. 2009-_1_6_ AN INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CORIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55, NDED, WHICH ESTABLISHED STANDARDS FOR CREATION REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE, "QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN, "TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS ENTIRETY; 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 an�ij�prfwe service in the transaction of the public business by County Boards, the Board WTi oij!gy Commissioners, through adoption of Ordinance No. 2001 -55, established standards :CbuVreAoftn C n � and review-of County boards; and �n WHEREAS, Ordinance 2001 -55 was subsequently amended through the adoption of Ordinance No. 2006 -39 and Ordinance No. 2007 -58; 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 allow persons to serve on more than two County Boards simultaneously; Section Seven entitled, "Term of Office," to eliminate terms limits; and to delete Section Nine, "Review of Boards" in its entirety. 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 a follows: SECTION FIVE: Qualifications and Requirements for Membership on Boards. Words Underlined are added; Words StpaskThFettgh— are deleted. Packet Page -754- 1/28/2014 16.H.4. 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 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. E D. No member of any County Board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such Board member /candidate is running unopposed for a non- remunerative elective position or an elective position receiving nominal remuneration, such as the Mosquito Control District Board or a fire district board. Should any County Board member compete for an elective non - remunerative political office or a nominally- remunerative political office on the date applications for candidacy expire, such candidacy shall be deemed a tender of Words Underlined are added; Words Sisk Thm are deleted. Packet Page -755- allewfer- dditieaa4 Reafds— pFaNided the Ga tes E D. No member of any County Board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such Board member /candidate is running unopposed for a non- remunerative elective position or an elective position receiving nominal remuneration, such as the Mosquito Control District Board or a fire district board. Should any County Board member compete for an elective non - remunerative political office or a nominally- remunerative political office on the date applications for candidacy expire, such candidacy shall be deemed a tender of Words Underlined are added; Words Sisk Thm are deleted. Packet Page -755- 1/28/2014 16.H.4. resignation from such Board and the Board shall immediately advise the Commission in writing of said resignation. No Board Member shall be required to resign or deemed to have tendered his or her resignation unless such candidacy is being opposed. The Commission shall deem the position vacant upon receipt of written notice of said resignation. The Board member shall not serve at any meetings after his or her position becomes vacant pursuant to this Ordinance. This provision shall not apply to candidates who currently serve in elected positions and who are seeking re- election. F-. E. The commencement of a legal challenge by a Board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such Board. The County Board member's position shall automatically be considered vacant and the Commission shall promptly fill same pursuant to the provisions of Section Six, herein. 6- F. No member of any County Board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card ^ depicting the County logo or in any way representing such Board member as a representative of Collier County or as a County Board member. The County Manager or his or her designee may, upon request and prior approval in writing, authorize the County Board members to obtain a County photo identification card identifying such members as a County advisory Board member. SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2001 -55, AS AMENDED. Section Seven is hereby amended to read a follows: SECTION SEVEN: Term of Office. A. Terms of office shall be staggered. Words Underlined are added; Words ask T4o g are deleted. Packet Page -756- . MGM. J Vl J "tefm " of s Words Underlined are added; Words ask T4o g are deleted. Packet Page -756- . MGM. J Vl J 1/28/2014 16.H.4. ! _ . _ .. F-. B. All members of Boards created by the Commission shall serve at the pleasure of the Commission and may automatically be removed by a majority vote of the quorum of the Commission. SECTION THREE: DELETION OF SECTION NINE, ENTITLED "REVIEW OF BOARDS," OF ORDINANCE NO. 2001-55, AS AMENDED. Section Nine, entitled "Review of Boards," is hereby deleted in its entirety and the remaining Sections of Ordinance No. 2001 -55, as amended, are renumbered accordingly. SECTION FOUR: CONFLICT AND SEVERABILITY. h1 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 FIVE: 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 relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," Words Underlined are added; Words 84raslE -Vmeulgh- are deleted. Packet Page -757- 1/28/2014 16.H.4. or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance No. 86 -41 and its amendments shall be changed to reflect the number assigned to this Ordinance. SECTION SIX: 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 AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this L444-,day of 2009. ATM -- - „F ,,,�p�' r,.., BOARD OF COUNTY COMMISSIONERS �R 1 T'�: LERK COLLIER COUNTY, FLORIDA t3 ;y rr Clerk DO , Approved as to form and gal sufficiency: Jeffrff A. This ordinance filed with the SecMnry of State's Office the Xn” of Ap6j- -, 2009 and acknowledgement of that fil' received this 2-TM day of °"uq' `""` Words Underlined are added; Words ,Stpask 44iFeugh are deleted. Packet Page -758 - I- - 1/28/2014 16.H.4. 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 2009 -16 Which was adopted by the Board of County Commissioners on the 14th day of April, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of n County Commissioners of Collier County, Florida, this 15th day of April, 2009. P jC' -• DWIGHT E. BROCK r� Clerk of Court;, *W R Ex- officio t -di `oa .of,. County Commi.svi t Y /7r1 By: Marthalea era Deputy`Cherk Packet Page -759- 1/28/2014 16.1-1.4. Black Affairs Advisory Board work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Debra J. Johnson Hubbard 03/13/12 06/25/13 1Year 2335 18th Ave. NE 229 -8757 9/10/13 6/25/17 4 years Naples, FL 34120 E -Mail: naplesloveparrot @yahoo.com District. 5 Category: n/a Ms. LaVerne C. Franklin 7705 Kiwi Place Naples, FL 34112 E -Mail: District. 1 Category: Vacant Vacant Naples, FL E Mail: District. Category: n/a Mr. Vaughn Young 23 5 Manor Blvd., # 1607 Naples, FL 34104 E Mail: wer2bless @yahoo.com District. 4 Category: n/a Ms. Diann Keeys 1811 19th Street S.W. Naples, FL 34117 E Mail: diannja @gmail.com District. 5 Category: n/a 352 -2868 04/11/00 06/25/03 3 Years 9/13/11 6/25/15 4 Years 06/25/17 7/26/11 6/25/15 4 Years 206 -1910 39) 249 -9738 9/10/13 06/25/14 9 mos. 39) 348 -7809 Tuesday, January 21, 2014 Page 1 of 3 Packet Page -760- Name 1/28/2014 16.H.4. Black Affairs Advisory Board Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Frank L. Cummings 269 -8870 4974 18th Court S.W. 384 -1634 Naples, FL 34116 E -Mail: frankcummings50 @yahoo.com District. 3 Category: n/a VACANT VACANT TBD Naples, FL E Mail: TBD District. Category: Ms. Darling Smith 2190 Arbour Walk #2212 39) 771 -6971 Naples, FL 34109 E -Mail: dsmith106289 @gmail.com District. 2 Category: n/a Ms. Jennifer W. Williams 1732 49th Street SW 353 -0067 Naples, FL 34116 E Mail: jenny- 46 @hotmail.com District: 3 Category: n/a 7/26/11 6/25/15 4 Years 00 /00 /00 6/25/14 6/25/13 6/25/17 4 Years 7/26/11 06/25/14 3 Years Tuesday, January 21, 2014 Page 2 of 3 Packet Page -761- 1/28/2014 16.1-1.4. Black Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member board was created on May 14, 1991, by Ord No. 91 -38 & 91 -77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91 -77 to increase membership from 7 to 9 member. Terms are 4 years. FL STAT. none Staff• Rhomda Cummings: 252 -8941 Tuesday. January 21, 2014 Page 3 of 3 Packet Page -762-