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Agenda 09/27/2011 Item #16B5 912712011 Item1~.8.5. r'\ EXECVTIVE sUMMARY Req.est .r.. ..thorizatioD toaclvertise and brill. back for tUture consideratioa aD ontinaDee amead.iag Ordinance No. 2002-51, which established theImmokalee Beautification Advisory Committee, allowing the. Jallnokalee COlDmunity Redevelop..t Agency, through its Eueutive Direaor,to assumeadJDiDistrative and management d.uties of the Immokalee....eation MunieipalServiceTaxiDg Unit such ...ployiag staff. to assist the Committee. OBJEC~: To obtain the Board of County Commissioners (Board's) authorization to advertise and bring back for future . consideration an amendment to Ordinance No. 2002-52, which would allow the Executive Director of the Immokalee Community Redevelopment Agency to employ staff to help carry out the duties of the Immokalee Beautification Advisory Committee. eONSIJ)ERA.TIQNS~ Collier County Ordinance. . No. 2002-52 established the hnmokalee Beautification Advisory Connnittee to advise the, Board on matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). Section Seven, Functions, Powers and Duties of the Committee, provides that "the execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee." The proposed amendment as set forth below allows the ImmokaleeCotnmunity Redevelopment Agency to assume the administrative and management duties of the MSTU by specifying that its ~ Executive Director may be the designee. As designee, the Executive Director will be able. to submit. requests to.. the Collier County Community Redevelopment Agency with regard . to employing staff to assist the Committee. SECTION SEVEN: FUNCTIONS, POWERS AND DUTIES. OF THE COMMITTEE. r'\ The functions, powers and duties of the Committee shall he as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing landscape beautification as set forth in Collier County Ordinance No. 92-40. B. To prepare and recommend to the Board of County Comtnissioners an itemized budget of the amount of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, the COmmittee shall, no later than April 1 of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for tbe Municipal Service Taxing. Unit, in accordance with,the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Connnittee and upon approval. by the Comtnittee be tiansmitted through the County Administrator or his designee . to the. Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under genera1law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 .ofeach year, the County Administrator or his designee shall be authorized to submit a proposed Packet Page ~1485- 9/27/2011 Item 16.8.5. .-.. budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. Upon Board direction, following approval of the Collier County Community Redevelopment Agency. the designee may be the Executive Director of the Immokalee Community Redevelopment Agencv. who may employ staff to help carry out the duties set forth below. D. The committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. FISCAL IMPACT: The cost of advertising the proposed ordinances is estimated to be $400.00. Employment of additional staff, if any, required to carry-out administration and management duties associated with the Immokalee Beautification MSTU will be fully paid by the MSTU. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a .-.. majority vote. - JAK RECOMMENDATION: That the Board of County Commissioners authorizes staff to advertise and bring back for future consideration the attached ordinance amending Ordinance No. 2002-52, relating to the Immokalee Beautification Advisory Committee, so as to allow the lmmokalee Community Redevelopment Agency through its Executive Director, and with the approval of the Community Redevelopment Agency, to assume administrative and management duties of the MSTU such as employing staff to assist the Committee. Prepared bv: Penny Phillippi, Executive Director Immokalee Community Redevelopment Agency .-.. Packet Page -1486- 9/27/2011 Item 16.8.5. ,.-.., COLLIER COUNTY Board of County Commissioners Item Number: 16.B.5. Item Summary: Request for authorization to advertise and bring back for future consideration an ordinance amending Ordinance No. 2002-52, which established the Immokalee Beautification Advisory Committee, allowing the Immokalee Community Redevelopment Agency, through its Executive Director, to assume administrative and management duties of the Immokalee Beautification Municipal Service Taxing Unit such as employing staff to assist the Committee. Meeting Date: 9/27/2011 Prepared By Name: PhillippiPenny Title: Executive Director, lmmokalee CRA, 9/15/2011 2:24:58 PM ,.-.., Submitted by Title: Executive Director, lmmokalee CRA, Name: PhillippiPenny 9/15/201] 2:24:59 PM Approved By Name: ArnoldMichelle Title: Director - AIt Transportation Modes,Alternative Tr Date: 9/16/2011 2:48:32 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 4:03:01 PM Name: FinnEd Date: 9/20/2011 9:23:10 AM Name: KlatzkowJeff ,--., Packet Page -1487- --. -.. ...-.... 9/27/2011 Item 16.8.5. Title: County Attorney, Date: 9/20/2011 9:41:49 AM Name: OchsLeo Title: County Manager Date: 9/20/2011 10:36:38 AM Packet Page -1488- 9/27/2011 Item 16.8.5. ORDINANCE NO. 2011-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-52, WHICH ESTABLISHED THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE, SO AS TO ENABLE THE EXECUTIVE DIRECTOR OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY, WITH THE APPROVAL OF THE COMMUNITY REDEVELOPMENT AGENCY, TO EMPLOY STAFF TO HELP CARRY OUT THE DUTIES OF THE COMMITTEE; 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. 2002-52 established the Immokalee Beautification Advisory Committee to advise the Board on matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). WHEREAS, Section Seven of Ordinance No. 2002-52 entitled, Functions, Powers and Duties of the Committee, provides in part that "the execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee;" and ---.. WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 2002~52, so as to allow the Immokalee Community Redevelopment Agency, through its Executive Director, to assume the administrative and management duties of the MSTU such as employing staff to assist the Committee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2002-52. Section Seven is hereby amended as follows: SECTION SEVEN: FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing landscape beautification as set forth in Collier County Ordinance No. 92-40. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, the Committee shall, no later ,--.... Underlined text is added; Swelc ilircmgh text is deleted Packet Page -1489- 9/27/2011 Item 16.8.5. ..-.. than April 1 of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. ~ C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. Upon Board direction. following approval of the Collier County Community Redevelopment Agencv, the designee may be the Executive Director of the Immokalee Community Redevelopment Agency, who may employ staff to help carry out the duties set forth below. D. The committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. 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 .-..., Underlined text is added; gft1:iek threl:lga text is deleted Packet Page -1490- 9/27/2011 Item 16.8.5. 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 Approved as to form and legal sufficiency: .~ Jeffrey A. Klatzkow County Attorney ~ Underlined text is added; Stmelc tht-eugh text is deleted Packet Page -1491-