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Agenda 03/08/2011 Item #17B 3/8/2011 Item 17.8. EXECUTIVE S~Y OBJECTIVE: That. the Board .of County Commissioners. (B9ard) . adopts an. Ot~ amending Ordinance No. .1989.98~ . specifically Section Two, 'fAJ)p()intntentand Compositiop.," which will relax the requirement that each member of theOchopee Fire DistriCt Advisory BOfJtd represent a specific area within the District. CONSIJlERATIQNS: The OchopeeFire District . (District) was.. created .by Ordinance No. 1975.6. Ordinance No" 1975.6 also required the BO$1'd(astheGoveming Board of the District) to appoint a committee of three to five, electoJ:'S residing within the Districtto advise the Board regarding the affairs of the District. Collier County Ordinance No. 19S9..98con:firu1ed and ratified the creation oftheOchQpee.Fir~ District. Advisory Board, verified.,1hat it was. established pursuant to Ordinance No. 1975.6, and that it had been in continuous existence sinceJ'V5. Ordinance No. 1989-98. also refmed the requirements for appointment .and composition of the Advisory Board. At its January 25, 2011 regular meeting (Agenda Item 9..G), Comt.nissipner. Coletta suggested relaxing the requiremen.t for representation from specific areaswitbin. the District so that the Board could appoint . the best.qualifiedcandidate without a fOnnal.waiver. Theproposed ~ amendment reads as follows: "SECTION TWO.-Appointment and Composition. A. The Board shall be composed of five (5)membeJ:'S &lta sea:. Au general.mdeline. membership shall consist.of one (1) member from each of the following areas: 1. ' Everglades City . recommended by the Mayor 2. Plantation Island 3. Chokoloskee 4. Lee Cypress 5. Ochopee B. . Notwithstanding. subsection A 'above. the . Board.. of County Co~sionersmay appoint asa member any . permanent resident of the District. B C. MembeJ:'S of the Board shall be appointed by mlcLserve at'the pleasure of the Board of County Commissioners. Said memt>ers shall. be permanent residents .withln the District, exceptforthe member appointed from Everglades · City, and all. shall be electors of the County; G.D. Appointment of members to. the Board sball be by resolution of the Board of County .Commissioners, which resolution shall. set. forth the date of appointment and the term of o.ffice." ******* ,1"""""\ Packet Page -1354- 3/8/2011ttem 17.8. At its FebruafY 2200 meeting, the Board autho$ed the. CountyAttomey to advettisethe r"'\ proposed Ordinancefor future consideration. LJW~.. ~ONSIDE~T1ONS: The County Attorney drafted the proposed amending ordinance and this item is legally sufficient for Board action. A maJotity vote is required. - JAK FISCAL IMPACT:. The cost to adverti.se this Ordinance was approximaltely.S400. GROWTH MANAG~NT IMPACT:...~on~. . . ' . . < --, .....'.. ," ....-....-.;. . , ' ' RECO~AnON: .~tthe/B~d.ofCounty.COmmissioners adopts the attached Ordinance amending Ordinance No. 1989~98, . specifically Section Two, "Appointment and Composition," in order to relax the requirement. tbateach member of the Ocbopee. Fire District Advisory Board represent a specific area within the District Prepared by: Jeffrey A. Klatzkow, County Attorney r'\ r--, Packet Page -1355- 3/8/20~~ Item 17.8. r"'\ COLLIER COUNTY Board. of County CommJssi.. Item Nwnber: 17.B. Item SI.Immary: Recommendation to adopt an Ordinante,amene!ing Ordinance Np.19$9- 98, which ratified theestablishrnent ofthe Ochopee Fire Di$tri<:tAdvisory Board, in oroer tp revise requirements relating to appointment and composition. Meeting Date: 3/812011 Prepared By Name: Crottea:uK.at:hynell Title: Legal Secretary, County Attorney 3/1/2011 8:41 :23 AM Approved By r--, Name: KlatzkowJeff Title:Coupty Atto~ey, Date: 3/1/2011 9:13:51 AM Name: GreenwaldRandy Title: Ma.nagementIBudget Analyst,Office of Management & B Date: 3/1/2011 11 :08:30 AM Name: IsacksonMark Title: Director-Corp FinancialaJld Mgmt Svs,CMO . Date: 3/112011 11:40:38.AM r-"\ Packet Page ~ 1356- 3/8/2011 Item 17.8. ORDINANCE NO. 2011 - ,,-.... AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1989-98, WHICH RATIFIED THE CREATION AND ESTABLISHMENT OF THE OCHOPEE FIRE DISTRICT ADVISORY BOARD, BY REVISING SECTION TWO, "APPOINTMENT AND COMPOSITION;" PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ,,-... WHEREAS, Collier County Ordinance No. 75-6, as amended, created the Ochopee Fire District and required the establishment of an advisory board to advise the Board of County Commissioner (Board) in matters pertaining to the District; and WHEREAS, through adoption of Ordinance No. 1989-98, the Board ratified the establishment of the Ochopee Fire District Advisory Board pursuant to Ordinance No. 75-6 and formalized the structure and operation of the Advisory Board in accordance with the Collier County Advisory Board Ordinance; and WHEREAS, the Board desires to amend Ordinance No. 1989-98 as it relates the appointment and composition of the Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 1989-98. Section Two is hereby amended as follows: SECTION TWO. -Appointment and Composition. A. The Board shall be composed of five members and such.:. As a general guideline. membership shall consist of one (1) member from each of the following areas: 1. Everglades City - recommended by the Mayor 2. Plantation Island 3. Chokoloskee 4. Lee Cypress 5. Ochopee B. Notwithstanding subsection A above. the Board of County Commissioners may appoint as a member any permanent resident of the District. .-- Words Underlined are added; Words Strliek 'Threl:lgfl are deleted. Page lof2 Packet Page -1357- 3/8/2011 Item 17.8. B C. Members of the Board shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the District, except for the member appointed from Everglades City, and all shall be electors of the County. G D. Appointment of members to the Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. ."........, ******* SECTION TWO: 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 THREE: 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," or any other appropriate word. ~ SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN r--.. Words Underlined are added; Words Struek Thrsagfl are deleted. Page 2 of2 packetpage-1358- ~ ,-.... .-.., ,..-.~_..........-.--~~"'" --- -~--~-,~---- 3/8/2011 Item 17.B. 20D -. "FMal'~'Fjb~~2ii~~".i1:i'Ni~.hii,NeW8' ~~ _...... NonCE OF INTENTTO CONSIDER ORDINANCE . Notice'is hereby !liven that on Tuesday. Ml!rch :8,201 I, in the Boardroom. 3rd Floor, . AdministratIon Building. Collier County GOvemmerrt Cerrter. .3299. lamiami' Trail East, Naples, Florida, the Board of County Commissioners:will cOnsider the en- actment ofa,Counw Ordi'!ance.The meeting will commen~e .at 9:00.'9",. Thetitle of the proposed OrdInance IS as follows: .2... ...':........... AN ORDINANCE OF THE BOARD OF cOUNTY COMMissIONERs OF ...,...: COLLIER COUNTY, FLORIDA, AMENOlNG ORDINANCE NO. t98!}'98.WHICH.RATi- FlED THE CREATION ANDESTABUSHMENTOFTHE . ..., .:. '..,'."C;' ".,c. OCHOPEE FIRE. DISTRICT 'ADVISORY BOARD,BY REVISING SECTlOIiI ,1WO.."'API'OIN- . ThiENT AND COMPOsmON"jrPROVlDING FOR CONFUCT. AND SEViIlAB1L11Y;.PRO- VIDING FOR INCLUSiON IN THE. CODE OF .. .....I...,:.~,.;j::f.. LAWS AND ORDINANCES;~~DrRO~.~!NG ~~.AN.~FFECTIVE DA~Er,'~frsVt,~,{-:{(: Copies of the proposed Orinnance Ii;';' on file with ttieaerti.to'~:1iOatii'iind jj're avai.'able for inspection. All i~rested parties are invited to atte~d an~be h~ard: NOTE: All persons wishing to speak on: any agenda item mustleglster ..~.. the County administrator prior .. to prese.rrtatlon of. the. agenda item 'to be addressed. Individual speakers will. be limited utes on any item. The'selection'of an. in- divlduaktospeak on behalf of an tion.orgroup-.is encouraged. ;ct. recoil': nizedby the Chairman, 'a $pl>kespe a group pr organizatIOn may be allotted lomin~tospealtonanlte.m':i,.,:'! .... :>{., ...' ... Pen;,ns Wishing to have written or',gn\pliiC miteliais Included 'rTtt.eBoard agenda packets must submit said mate~ial a.minimum. of..3 weekS prior to the ~ctive public hearing. 'In .any case, written materials. irrtended tobe.considered by the Board shall be submitted to.the appropriate County staffaminlmurn'ofseven days prior tot~e s>ublic hea~ng; All material used In~ntations before,. the Board will becom~a ~rmane.nt part of the record. ;" . . . .. :.i~'. .:.; Any person who decides to .appea! a dedsiclO .of the Board ..will niied a record of the prlXeedings pertaini(lg thereto and therefore, may need. to ensure that a -, ba,tim record, of t,he proceedinl!5 is made, which record includes th.;~im~'1Y and evIdence upon whIch theappeallS,based. , '. ..::,:'/.':...:'\.. .. . .,. .1 .' . .... "l':...^..J. If you a,:" a person with." disabIlity wh!' needs any accommodation)n:~r.der.t?,riar; tlopate In thlsproceeding;,.you are entitled, .at no cost to you..to....the j)rpvtSoon:ol celta.in assistance. Please, contact the. Collier County Facilities. Man;ogemerrt. Depart- ment located at. 333S T-amlamLTrall East, Suite'IOl, Naples.fI0l'Iaa34112,1 (239) 252-8380. Assisted Jistening devices .forthe. hearing impaired.'.are.avallable in. the County Commissioners' Qffice, ' . . :.. . , . . BOARDdF COUNTY COMM~SIONERS. . COLLIER COUNTY. FLORIDA. . .. fREDCOYLE, CHAIRMAN, DWIGHT E. BROCK,CLERK By:. Ann lennejohn, Deputy Clerk {SEAl) F~hruaru'li -'01' Nn1flq()Ji01 . .. . ,I Packet Page -1359-