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Agenda 03/22/2011 Item # 9B 3/22/2011 Item 9.B. EXECUTIVE SUMMARY Board consideration of a change to the Tourist Development Council Ordinance as per the attached draft and for this draft to be brought forward at the next BCC meeting for approval. OBJECTIVE: For language to be inserted in the ordinance that will allow the Tourist Development Council to direct the Tourist Development staff, Coastal Zone management staff and the County Museum staff to act at the Tourist Development Council's direction, independent of direction from the County Manager with regard matters within the Tourist Development Council purview. CONSIDERATIONS: The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager"s Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff sinee such delegation is not pennitted by the County Manager's Ordinance. Draft Amendment to the Tourist Development Ordinance. County Managers Ordinance 80-77 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To direct the County Attorney to present the amended Tourist Development Ordinance to the next Board of County Comm issioners board meeting on April] 2, 2011 for Board approval. Prepared by: Ian Mitchell Executive Manager to the BCC. Packet Page -586- 3/22/2011 Item 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.B. Item Summary: Board consideration of a change to the Tourist Development Council Ordinance that will allow for the Council to direct Tourist Development staff, Coastal Zone Management staff and County Museums staff independent of the County Manager with regard to matters within the Tourist Development Council"s purview. (Commissioner Hiller) Meeting Date: 3/22/2011 Prepared By Approved By Name: KlatzkowJeff Title: County Attorney, Date: 3/16/20 II 12:00:44 PM Name: OchsLeo Title: County Manager Date: 3/16/20 J I ]: 19:00 PM Packet Page -587- 3/22/2011 Item 9.B. ORDINANCE NO. 2011 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 1992-18, AS PREVIOUSLY AMENDED, TO AUTHORIZE THE TOURIST DEVELOPMENT COUNCIL TO UTILIZE COUNTY STAFF FROM THE DEPARTMENTS OF TOURISM, MUSEUM AND COOAST AL ZONE MANAGEMENT TO ASSIST THE IN CARRYING OUT ITS DUTIES; 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. 92" 18, as amended, created the Collier County Tourism Development Council; and WHEREAS, the Board desires to amend Section Five of this ordinance to assign the Department of Tourism to assist the Tourist Development Council in carrying out its assigned duties. 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. 1992-18. Section Five hereby amended as follows: A. It shall be the duty and responsibility solely of the Board of County Commissioners as the taxing authority of the county to consider and detennine if an ordinance shall be enacted levying and imposing a tourist development tax subject to referendum election. Prior to enactment of an ordinance levying and imposing a tourist development tax, the tourist development council shall prepare and submit to the Board of County Commissioners for its approval a plan for the use of tourist development tax revenues. It shall be the administrative duty of the Tourist Development Council as an advisory council to advise the Board of County Commissioners regarding the elements of a plan and recommend to the Board of County Commissioners a plan for the uses of tourist development tax revenues, which plan the Board of County Commissioners shall thereafter consider, modifY, and/or adopt for submittal to the voters by referendum. The plan shall set forth the anticipated net tourist development tax revenue to be derived by the county for the 24 months following the levy of the tax; the tax district in which the tourist development tax is proposed; and a list, in the order of priority, of the proposed uses of the tax revenue by specific project or special use as the same are authorized under F.S. S 125.0104(5). The plan shall include the approximate cost or expense allocation for each specific project or special use. The plan shall be submitted on or hefore July 1, ] 992, by the Tourist Development Council to the Board of County Commissioners for its modification or approval. Words Underlined are added; Words Slruer; Thr8Hf;h are deleted. Page 1 of3 Packet Page -588- 3/22/2011 Item 9.B. B. In the event the Tourist Development Council as an advisory body is unable to fulfill its responsibility and duty to prepare and submit in a timely fashion a tourist development tax plan which includes all statutorily required elements, the Board of County Commissioners may at its option dissolve the existing tourist development eouncil and reappoint a new Tourist Development Council by resolution. Additionally, the Board of County Commissioners may, at its option, pursue any and all legal remedies available to ensure performance by the Tourist Development Council of its duties and responsibilities. C. Upon adoption of an ordinance levying and imposing a tourist development tax, the tourist development council shall make recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue. The Tourist Development Council shall continuously review expenditures of revenues from the tourist development trust fund and shall receive, at least quarterly, expenditure reports from the Board of County Commissioners or its designee. Expenditures which the council helieves to be unauthorized shall be reported to the Board of County Commissioners and the department of revenue for review pursuant to F.S. S 125.0104(4)(e). D. The Tourist Development Council mav utilize County Staff from the Departments of Tourism, Museums and Coastal Management to assist the Council in carrving out its duties. Such utilization bv the Council shall not be considered a violation of Ord. No. 93-72, as amended, commonlv referred to as the Countv Manager Ordinance. 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 shaH 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. Words Underlined are added; \\lords Strucl~ Throu;h are deleted. Page :2 of 3 Packet Page -589- 3/22/2011 Item 9.B. ,..... 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 Approved as to form and legal suffieiency: Jeffrey A. Klatzkow County Attomey ~" Words Underlined are added; Words Strod; Throuf;h are deleted. Page 3 of3 Packet Page -590- 3/22/2011 Item 9.B. ORDINANCE NO. SO - 22-- /IN ORDINANCE TO SET FORTH THE RESPOnSI- BILITIES OF THE BOARD OF COUNTY COMMg- srONERS AND THE COUNTY MANAGER R ADMllHSTERmG THE LAWFUL DU'I'IES OF i, ~ BOARD OF COUNTY COr'.MISSIONERS, ~ ~ PROVIDInG A DEI!"INITIOn OF THE OFFICE ~F:i ;:: COUNTY MANAGER AND PRESCRIBING $. : AUTHORITY. DU'I'IES AND RESPONSIBILITI:ES" ~ THEREOF) REPEALING ORDINANCE NO. 7a-J;9~' ~ PROVIDING AN EFFECTIVE DATE. ;!l!,i ~ go: ;; WHEREAS, Chapter 125, Florida statutes, authorizes Board of County commissioners of Collier County to provide for effective administration for the adequate and efficient provision of services to th~ citizens of Collier County, and WHEREAS, the Board of county Commissioners of Collier County believes the foregoing objective may best be realized by p1ecing in the hands of ~~a county Manager the multitude of details which necessarily arise in the operations of county government, so that the Board of County commissioners may perform freely and without unnecessary interruption, its fundamental purpose and function of making. policies .,withi" "1i . ~ 0:::........ the framework of law applicable to county government j1ij.thin...., r- ... - rn this state, and ~ ';!.\ 0 WHEREAS, the Board of Commissioners desires to pro~de ~ an outlined structure for the economic and efficient con~t-- of county affairs by placing responsibility upon the County Manager for handling all things necessary to accomplish and . = = ,~ = <..-, :n '" ...., <:> '" '"" < - '" - <:> - eo.> "'" the . bring to fruition the policies established by the Board of County commiscioncrs, and W'"ilEREAS, the Board of County commissioners of Collier County further desires that the County Manager shall exer- cise all its diverse powers and duties which are administra- tive or ministerial in nature, excepting only those which relntc directly to the offices enumerated in Article VIII, Section 1 (e), of th" State Constitution, to which end all powers specifically enumerated herein are to be considered administrative in nature, so that in exercising any such governmental power the County Manager shall only be perform- ing the duty of advisin'il thlll Board or County Commissioners in its role as policy formin'il body of ~~1lI county, and ~OOK OJ P"acket p~g'e -59l-raft #3 - 8/4/80 W11E:REAS, the Board of County commiuionen recc..},~?=~/2011Item 9.B. that the authority and responsibility of the County Manaqer, as defined herein, are limited to such activities and func- tions as are fixed in the Board of county Commissioners by the general .and specific laws of the state of Florida and by ordinances of Collier County. NOW, TlIEREFORE, BE IT ORDAINED BY TlIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AUTliORIl"Y, DUTIES AND RESPONSIBILITIES 011' TIlE COUNl"Y MANAGER. 1. The Manager shall be responsible for the administration of all departments responsible to the Board of County commissioners and for the proper administration of all affairs under .the jurisdiction of the Board. To that end, the Manager shall by way of enumeration and not by way of limitation, have the following specific powers and duties as relate to the areas of County oovernment which are assianed to him by this ordinance or by Board of County Commission action taken pursuant thereto! A. Administer and carry out the directives and poli- cies of the Board of county comm.tssioners and enforce all orders, resolutions, ordinances, and regulations of tha Board to assure that they ara faithfully executed. B. Report to tha Board on action taken pursuant to any directive or policy within the time set by the Board and provide an annual report to the Board on the state of the County, the work of the previous year, and any recommendations as to actions or programs he deems necessary for the improvement of the County and the welfare of its residents. C. Provide the Board, or individual members thereof, upon request, with data or information concerning government and to provide advice and recommenda- tions on county government operations to tha BO/lrd. MOK 011 r!r.rSOZ Packet Page _592_aft 113 - S/4fSO D. Prepare and submit to the Board of County 2i..??f~011Item 9.B. sionen for its consicleration and adoption of an annual operating budget, a capitel budget and a capital program. Establish the schedules and procedures to be followed by all County departments, offices and agencies responsible to the Board of county Com- missioners in connection with the budget and su- pervise and administer all phases of the budget- ~OO! 011 N.CE 303 . - raft Packet Page -593- ft3 - 8/4/80 E. ary process. F. Prepare and submit to the Board efter the end of each fiscal year a complete report on tr~ f~ftafteee afts administrative activities o'f the County for the preceding year and submit his recommendations. c. Supervise the care and custody of all County property. H. supervise to the Board a current position classi- fication and pay plan for all positions in County service. I. Develop, install, maintain centralized budgeting, personnel, tlnd purchasing procedures in coordina- tion with the Clerk of the circuit Court's office. J. Organize the work of County deptlrtments, and review the departments, administration, and opera- tion of the County and m..ke recommendations per- taining thereto for reorganization by the Botlrd. K. Select, employ and supervise all personnel and fill all vacancies, positions or employment under the jurisdiction of the Boa~d. However, the employment of all division administrators shall require confirmation by the Board of County Commis- sioners. L. Suspend, discharge, or remove any employee under the jurisdiction of the Board, pursuant to pro- cedures adopted by the Board. M. Negotiate leas~B, contracts, and other a9re~~~nts# including consultant services, for the County, 3/22/2011 Item 9.B. subject to approval of tha Board, and make recom- mendations concerning the nature and location of County improvements. N. See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. O. Order, UpOll advising the Board, any department under his jurisdiction to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient adminis- tration of the County government to do so. P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties as may be required of him by the Board of County Commissioners. 2. Notwithstanding any of the foregoing, the authority, duties and responsibilities of the County Manager herein defined shall not be construed to limit the right of the Board of County Commissioners to retain and employ its own staff in such powers and duties as the Board may designata. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who ..hall have sole responsibility for the management of the legal staff. 3. No County commi.sioner shall direct or reauest the appointment of any person to, or his removal from, office by the County Manacer or by any of his subordi- nates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the County except as provided in this Ordinance. The Board of County Commissioners and its members shall deal with the administrative services solely through the County Manager, and neither the Board nor any member thereof shall interfere in the performance of the duties of anv subordinate of the County Manager, either publicly or orivately. except lOOK 011 .... <:In,t Packet Page -594-lft 113 - 9/4/60 for th~ purposes of inquiry and information. A }l~2/2011Item 9.B. tion of tho provisions of this section shall constitut~ malfeasanc~ within the meaninq of Article IV, Section 7(a) of the Florida constitution. A violation of this section shall also be a violation of thin OrdinanCe and shall be punishable by fine not to exceed $500.00 or by imprisonment in the county j~il not to cxcecd cixty (60) days. or by both such fine and imprisonment, or as otherwise may be provided by law. 4. The County Manaaer shall be appointed bY a 3/5 vote of the entire membership of the Board and shall serve at the will of the Board except as otherwise provided herein and shall not be qiven A fixed term by resolu- tion. ordinance, contract or otherwise. His salary shall be fixed by the Board and he shall not accept, for his own use, any commissions, rebates, discounts or aratuities of anv kind. For anv violation of this provision, the Manaeer shall be summarily dismissed. any other provision of this Ordinance notwithstandine. 5. The County Manaqer may be dismissed or disciplined onlY throuqh a resolution imposinq such dismissal or disci- pline adopted by an affirmativ~ vote of 3/5 of th~ entire membership of the Board. Said resolution may be adopted only throuqh the followinq procedure: A. A resolution of intent to impose dismissal or dis- ciplinarv action shall be adopted by an affirma- tive vote of three fifths of the entire member- ship of the board only after said resolution has been placed on the aqenda of a reqular scheduled board meetinq and where said aqenda item has been included as part of the published aeenda of the board meetinq. B. The resolution shall state that dismissal or a spscific disciplinary action is souqht to be imposed. and no disciplinary action more severe than that specified in the resolution may be imposed and shall specifY with particularity L~e lOOK 011 ~305 Packet Page -595- a!t 413 - 8/4/80 specific acts or omissiolis for which disci}.!.??!2011 Item 9.B. action is souqht. C. Followinq the adoption of the resolution declaring the Board's intent to impose dismissal or disciplinary action, the Manager shall have the right, within ten (10) days followinq the adoption of said resolution to reque~t ~ hearing prior to the adoption or the resolution imposinc dismissal or disciplinary action. At said hearing, the Board shall have the burden of presenting substantial competent evidence to show the truth of the charqes for which dismissal or disciplinary action is souqht. The Manaqer shall have the right, either personally or throuqh counsel, to rebute said charaes, and ta cross examine any witness aaainst him. In the event a resolution imposina dis- missal or disciplinary action is not adopted followinq said hearing. or ir the disciplinsry action or dismissal should be Bet aside by a court, the Board shall pav the Manager's reason- able attorney's fee. D. The resolution imposing dismissal or disciplinnry action may not be adopted less than thirty (30) days following the adoption of the resolution declarinq the intent to impose such action. E. The resolution imposinq dismissal or disciplinary action shall similarly be placed on a published agenda and considered only at a regular meeting of the board. 6. As an alternative to this orocedure described above. the Manaaer m"v be dismissed without cause by the adoption of a resolution of dismissal adoated in accordance with the following procedure I A. A resolution of intent to dismiss shall be adopted by affirmative vote of 4/5 of the entire membership of the Board at a reqularlv scheduled ~oox 011 .... QnR - "aft 113 - 8/4/BO Packet Page -596-' meotinq if such resolution is . reqular aqenda item, published as part of the reaular board aqenda for that meetinq date. B. Followinq the adoption of a resolution declarinq an intent to dismiss, no resolution imposinq dis- missal may be adopted for at least thirty (30) days. C. The resolution imposinq dismissal shall be effec- tive only when affirmatively voted upon by 4/5 of the entire membership of the Board at a regular meetinq of the Board where said resolu- tion is part of the published aqende for such me~t!r.q. 7. To perform his d"ties d"rinq his temoorary absence or disability, the Boord of County co~~issioners may appoint some properlv aualified person to perform the dutiea of the manaaer until he shall return, or his disability shall cease. B. I t is the intent. of the Boarcl to grant to the County Aam!ftie~~a~e~ Manaqer only those powers and duties which are adrninistrati ve or ll'.inioterial in nature and not to clalegate any governmental power imbuecl in the Board of County Commissioners as the governing body of the County pursuant to s. lee), Art VIII of the state Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature. and in any exerci.-e of governmental power the Aamift!e~a~e~ Manaqer shall only be performing the duty of the advising the Board of County co~~issioner8 in its role as the pOlicy-setting governing body of the County. SECTION T'wO: This ordinance may be amended or repealed only by the fol1owino orocedure: A. A resolution of intent to amend or repeal. setting forth the particular amendment I if applicable, shall be aclopted by affirmative vote of 4/5 of the eoo! 011 /'Ai;l Packet Page __597-; 13 _ 8/4/80 entire membership of the Board. 3/22/2011 Item 9.B. Said resolution may be adopted only if it ia a reqularlY scheduled eqenda item and part of the published aqenda of a reqular meetinq. B. Following adoption or said resolution. the Clerk shall publish notice of intent to consider as provided in Section 125.66. Florida Statutes, however, a public hearing on the adoption of the amendatory or repealing ordinance shall not be held sooner than thrity (30) days nor more than forty-five (45) days from the adoption of the resolution. C. The amendatory or repealing ordinance shall re- quire the affirmative vote of 4/5 of the e~tire membership of the Board. SECTION THREE: Ordinance No. 78-18 is hereby repealed. SECTION FOUR: This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of state. PASSED AND DULY ADOPTED this 5th day or AU~U8t . 1980. ATTEST: WILLIAM J. REAGAN, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.~'f/' . ". " . '>>~1~:J ~~.;:7' ~~ j~:<l ., ~' , "". :..-~ : : C"") I~" . : C':'j '"'l " .. ~.,. ''..., . .:--. "/- " .: ~......: ",.I' "':,',. ..,.......,:.. /.. ". ,,' \(\\. , ,',' I J '~' \ ,\', ' BY: cU Approved as to form and legal su!!iciency. tt~;;;Af --" Donald A. pickworth ~ollier County Attorney This ordinance filed with the Secretary of State's Office the 11th day of August, 1980 and acknowledgement of that filing received this 3th day of August, 19 8 Y: Y ork 011 /,._1)",0 . Packet Page -598-DrAft 113 - 8/4/80 ..- .- ST~TR OF FLORID~ ) COUNTY OF COLLIER ) I, WILLIAM J. ~AGAN, Cler~ of Courts in and for the Twentioth Judicial Circuit, Collier County, Florida, do.hereby cc.Lify Lhat.Lhe foregoing ia A true original orl ORDINANCE NO, . eO-77' . Regulnr Session , 19ao. which wno adoptea by the Doard of County Commieoioners during August 5 WITNESS my hend nnd the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of Augus t , 19BO, I~ILLIlIM J. ReJ\GAN" .Cler~ of Courte and Clerk Ex.officio to Doata of County Commissioners. " I, \\\ J a o. ......,:,:'. ....->....1 :'\:' " J '. .... , (". .:.-- .' . " :1 '" ..' t,~ :J . :;~ i",.' . ..:: :"j' , ... "',:", r.P ", ..- o.r 'f. ,0 <::;- C,;... . ",O~' l,I',/') ....... ',) . 'VI? Go\\\':l' ny n~.t ..,,," MI Packet Page -599-