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Backup Documents 05/14/2013 Item # 9BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: April 25, 2013 Petition No. (If none, give brief description): County Manager Ordinance Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) May 14, 2013 (ad to run no later than WEDNESDAY, May 1, 2013) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: XXX Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING FOR THE PURPOSE: PROVIDING FOR A REFERENCE TO COUNTY MANAGER: PROVIDING FOR THE BOARD AS POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93 -72, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs: 1 .11.1 P.O.4500139337 Mi-li-3 or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR CLERK'S OFFICE USE LJ Date Received: t Date of Public hearing: S Date Adve rtised: Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, April 25, 2013 3:12 PM To: Minutes and Records Cc: Ann P. Jennejohn; Brock, MaryJo Subject: Ad Request - County Manager Ordinance Attachments: Ad Request - County Manager Ordinance.pdf, County Manager Ordinance - JAK signed.pdf, Advertising Request - County Manager Ordinance.docx Ann See attached ad request for the proposed County Manager Ordinance. I also included the Ordinance signed by Jeff and the ad request in Word so you don't have to re -key the title. This ad should run on Wednesday, 5/1. Please let me know if there are any problems. Mary Jo, we will keep the original for the Chairman's signature after adoption. Thank you!!! Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 ,.a !.. , , t`s rr. � . ,sire... a s a A: �c 's vcu d:, n -N w mt yo; ,,r e, H reit,�..se,-d in s (-,5p se, to, a pub':it, .;t ee :nt€ ,.. _ea ; co, u'hcca by tek,, .ho :, ni n -ur €i.i =ng 98 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING FOR THE PURPOSE: PROVIDING FOR A REFERENCE TO COUNTY MANAGER: PROVIDING FOR THE BOARD AS POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93 -72, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County Commissioners to provide for effective administration for the adequate and efficient provision of services to the citizens of Collier County; and WHEREAS, the Board of County Commissioners believes the foregoing objective may best be realized by placing in the hands of the County Manager the multitude of administrative and ministerial details which necessarily arise in the operations of County government, so that the Board of County Commissioners may freely perform and without unnecessary interruption, its fundamental purpose and function of making policies within the framework of law applicable to County government within this state; and WHEREAS, the Board of County Commissioners wishes to repeal and replace its current County Administrative Ordinance, Ordinance 93 -72, as amended, with this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Administrator's Ordinance." SECTION TWO: Purpose. It is the legislative intent that it is necessary to authorize a form of county administration that best assures an adequate and efficient provision of services to the citizens of Collier County, that provides for coordinated administration of county departments to better protect the health, welfare, safety, and quality of life of the residents of Collier County, and that places in the hands of a county administrator the multitude of details which must necessarily arise from the operation of a county as a unit of local government and, thus, enables the Board of County Commissioners to perform freely, without unnecessary interruption, its fundamental intended purpose of making policies within the framework of law applicable to county government in this state. It is the LAPJ further legislative intent to provide a formula and structure for the economic and efficient conduct of county affairs by making the county administrator established by this ordinance responsible for handling of all things necessary to accomplish and bring to fruition the policies established by the Board of County Commissioners. SECTION THREE: Reference to County Manager. Any reference to "county manager" in this Code or existing or future ordinances, resolutions, minutes, legal instruments and other documents shall be understood to refer to the "county administrator." SECTION FOUR: Board as Policy Maker. In keeping with F.S. ch. 125, part III, this Ordinance grants to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the county pursuant to Fla. Const. art. VIII, § t (e). To this end, the below specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy- setting governing body of the county and carrying out its directives and policies. Except as provided below, as the policy- setting governing body, the Board and its members shall defer to the County Manager the day -to -day handling of the administrative and ministerial powers and duties enumerated below, including the supervision, appointment or removal of his subordinates. No County Commissioner shall direct or request the appointment of any person to, or his removal from, Office of the County Administrator or by any of his subordinates, 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 by this article. Neither the Board, nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. Nothing contained herein shall prevent a County Commissioner from expressing a concern to the County Manager about the actions or performance of an employee. SECTION FIVE: Appointment, qualifications, compensation and vacancy. (a) The County shall have a County Administrator appointed by the Board of County Commissioners, which officer shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws of Florida, and other applicable legislation. (b) Recruitment for the position of County Administrator shall be in such manner as may be determined by the Board. (c) The County Administrator shall be qualified by administrative and executive experience and ability to serve as the Chief Administrator of the county. The County 2 • Administrator shall be appointed by an affirmative vote of not less than three members of the Board and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the Board, after a hearing if such a hearing is requested by the County Administrator; provided, however, such removal shall occur no sooner than 14 days after adoption of a resolution of intent to terminate the employment of the County Administrator. The County Administrator need not be a resident of the county at the time of appointment, but during tenure in that office must reside within the county. (d) The County Administrator shall be appointed by written contract negotiated with the Board which contract may set out the terms and conditions of employment and removal and specify any additional powers and duties delegated or assigned to the County Administrator. The compensation of the County Administrator shall be fixed by the Board unless otherwise provided by law. (e) The Office of County Administrator shall be deemed vacant if the incumbent County Administrator moves his residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The Board may appoint an Acting County Administrator in the case of vacancy or temporary absence or disability until a successor has been appointed or the County Administrator returns. SECTION SIX: Powers and Duties. (a) The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the County Administrator shall by way of enumeration and not by way of limitation, have the following specific powers and duties to: (1) Administer and carry out the directives and policies of the Board and enforce all orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully executed. (2) Report to the 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 deemed necessary for the improvement of the county and the welfare of its residents. (3) Provide the Board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the Board. (4) Prepare and submit to the Board for its consideration and adoption an annual operating budget, a capital budget and a capital program. (5) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. 98 (6) Prepare and submit to the Board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit recommendations. (7) Supervise the care and custody of all county property. (8) Recommend to the Board a current position classification and pay plan for all positions in county service. (9) Develop, install, and maintain centralized budgeting, personnel, and purchasing procedures. (10) Organize the work of county departments, subject to an administrative code developed by the County Administrator and adopted by the Board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the Board. (11) Select, employ and supervise all personnel and fill all vacancies, positions or employment under the jurisdiction of the Board except County Attorney. However, the employment of an Assistant County Administrator, the Executive Director of the County Airport Authority and all Division Administrators shall require confirmation by the Board. (12) Suspend, discharge, or remove any employee under the jurisdiction of the Board pursuant to procedures adopted by the Board. (13) Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the Board, and make recommendations concerning the nature and location of county improvements. (14) See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. (15) Order, upon advising the Board, any department under his jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he /she deems it necessary for the proper and efficient administration of the county government to do so. (16) Attend all meetings of the Board with authority to participate in the discussion of any matter. (17) Perform such other duties as may be required of the County Administrator by the Board. (18) The County Manager shall have the authority to provide the Board of County Commissioners and the Planning Commission with reports and recommendations with respect to matters before such bodies as directed by the Board of County Commissioners. (b) Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with such powers and duties as the Board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff. SECTION SEVEN. Repeal of Ordinance 93 -72, as amended. Ordinance 93 -72, as amended by Ord. No. 95 -49, Ord. No. 01 -77, Ord. No. 04 -55, Ord. No. 2006 -03, and Ord. No. 2011 -11, is hereby repealed. SECTION EIGHT: 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 NINE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: 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 , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk ApproveVfonn legal s Jeffrey County rney GEORGIA A. HILLER, ESQ. CHAIRWOMAN �I7 Acct #027354 April 26, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: County Manager Ordinance Dear Legals: Please advertise the above referenced notice on Wednesday, May 1, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500139337 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING FOR THE PURPOSE; PROVIDING FOR A REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE BOARD AS POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93 -72, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) FI] Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: County Manager Ordinance Attachments: County Manager Ordinance.doc; County Manager Ordinance.doc Lega Is, Please advertise the attached legal ad on Wednesday, May 1, 2013. Thanks Teresa L. Cannon From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Friday, April 26, 2013 1:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASAIB3 jpg Teresa, Please provide approval ASAP for publication on 05.01.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 04/26/13 Publication NDN Account Number 503641 Ad Number 1987811 Total Ad Cost $259.38 NOTICE OF INTENT TO CONSI ORDINANCE 9 DER 8 I%Jotice is hereby given that on Tuesday, May, 14, 2013, in the Boardroom, 3rd Floor, Administrik 'ion 1�ulldi ' ing, Collier County Govern m ment Center, 3299 East Taiamli Trail, Naples,, Florida, the Board of County Commissioners m=ill consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Tile title cif the proposed Ordinance is as Tollows: AN ORDINANCE OF THE BOARD OF' COUNTY COMMISSIOINERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING- FOR THE PURPOSE; PROVID,ING FOR A REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE BOARD AS POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY of THE COUNTY ADMINISTRATOR; PROVIDING FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE ROE fit_. OF ORDINANCE NO. 93-72, AS WENDED; PROVIDING FOR CONFLICT AND SEVERABILITY,- PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND 'ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, Copies ofthe proposed Ordinance are on file with the Clerk to the Board and are available f+ r inspection. All interested parties are invited to attend and be heard, NOTE, All persons wishing to speak on any agenda item must register %,,vith thel Cownt administer, rnor to presentation of the agenda itern to be addressed, IndiviYual speakers t.o�%, I be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recogn ize by the Chairman, a spokesperson for a group or organization may be d allotted 10 minutes to speak on an item. Persons wishing to have i;vritten or graphic materials included in the Board agenda packets must submit said material a minimum of 3 Weeks prior to the respective public hearing. In any case, written materials, inters I'd to be considered by the card shall be submitted to the appropriate County staff a minIMUM of severl days prior to the public haring. All material used in presentations before the Board %vill become a perm arient'part of the record. Any person who decides ' to appeal a decision of the Board MI need a record -of the proceediricys perfaining thereto and therefore, may need to enspre that; a verbatim record of the proceedings is made, which record inclLides the testimony and c-vidence upon vvhlch the- appezil is based. If you are a person vwiTh ri disabifit); voho needs any accommodation in order to participate in this proceeding. you are entitled., at no cast to you. to The provision of certain -assistance. Please con-tact the Collier County Facilities Management Department, lo sated ted at 3335 Tamiami. Trail East, Suite -4101, Building. W, Naples, Norida 34112, (239) 252-8380, Assisted listening devices for +t he hearing mpaired are avail able, to the County Commissioners' Office. BOARD OF COUNTY COMMISSIO14ERS COLLIER COUNTY, FWRIDA GEORGIA A. HILLER, F-SQ, CHAIRWOMAN DWIGHT E BROCK, CLERK By: Terra Carbon, Deputy Clerk Q 1 . 201 3 No, 19-'87BI 1 Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, April 26, 2013 4:04 PM To: Teresa L. Cannon Subject: RE: Ad Confirmation Approved. Dinny - - - -- Original Message---- - From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, April 26, 2013 2:19 PM To: NeetVirginia Subject: FW: Ad Confirmation For review Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon @collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [mailto :cpolidora @naplesnews.com] Sent: Friday, April 26, 2013 1:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Teresa, Please provide approval ASAP for publication on 05.01.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Teresa L. Cannon To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run. Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon @collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [mailto :cpolidora @naplesnews.com] Sent: Friday, April 26, 2013 1:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Teresa, Please provide approval ASAP for publication on 05.01.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 04/26/13 Publication NDN Account Number 503641 Ad Number 1987811 Total Ad Cost $259.38 1 re-17 0 *1 NOTICE OF INTENT TO CONSIDER ORDNANCE Notice is hereby given that on Tuesday, Ma, 14, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government. Center, 3299" East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 "A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING FOR THE PURPOSE; PROVIDING FOR A REFERENCE TO COUNTTY�MAApNpAQIGEEP. PROVIDING FOR THE BOARD COMPEN3I►TIOHA'HC1 OF THE COf1Ni1 'AbMiNISiATOIb' PROVIDNG FOR THE ) 1A�E�RS ANES_OF THE COUNTY ADMINIVRNNG FOR RO THE SEVER OL ffNNNNGGii FOR 93-72, I C ASANI IDIN Mfllt CONFLICT AND SEVERABILRY; PR VI 1 FOR INCLUSI N IN THE E OF (AWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is ?encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board. shall be submitted to the appropriate. County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to picipate in this proceeding, you are entitled, at no cost to you, to the provision of art certain assistance. Please contact the' Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W. Naples, Florida 34112, (239) 252 -8380. Assisted listening devices . for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ,.CHAIRWOMAN DWIGHT E. BROCK, CLERIC' By: Teresa Cannon, Deputy Clerk (h �)-2013 Nn 1997911, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO k THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the draw a tine thrnnah rnntina lines ii 1 thrnnuh 92 cmmplete the checklist. and forward to the Countv Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 5/14/13 Agenda Item Number 3. County Attorney Office County Attorney Office JA 5/14/13 4. BCC Office Board of County Commissioners C1 N y LR� S 1 l 5. Minutes and Records Clerk of Court's Office 5 riff 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the aa ti A tw e..„....t. a»e..t . staff for » ddi.ti.n..n.. »al " nr miccina inf rtnntion auu_esse es auove, mar . Name of Primary Staff .............. ...'- Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 5/14/13 Agenda Item Number Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK Type of Document County Manager Ordinance /,n Number of Original One Attached 1 `X.� Documents Attached PO number or account n/a number if document is by the Office of the County Attorney. to be recorded All handwritten strike- through and revisions have been initialed by the County Attorney's JAK INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11 /30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip J should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certaini time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during tAAK meeting have been incorporated in the attached document. The County Attorney' Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t BCC, all changes directed by the BCC have been made, and the document is ready or t Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11 /30/12 9B " ORDINANCE NO. 2013 - 4 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE; PROVIDING FOR THE PURPOSE; PROVIDING FOR A REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE BOARD AS POLICY MAKER; PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93 -72, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County Commissioners to provide for effective administration for the adequate and efficient provision of services to the citizens of Collier County; and WHEREAS, the Board of County Commissioners believes the foregoing objective may best be realized by placing in the hands of the County Manager the multitude of administrative and ministerial details which necessarily arise in the operations of County government, so that the Board of County Commissioners may freely perform and without unnecessary interruption, its fundamental purpose and function of making policies within the framework of law applicable to County government within this state; and WHEREAS, the Board of County Commissioners wishes to repeal and replace its current County Administrative Ordinance, Ordinance 93 -72, as amended, with this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Administrator's Ordinance." SECTION TWO: Purpose. It is the legislative intent that it is necessary to authorize a form of county administration that best assures an adequate and efficient provision of services to the citizens of Collier County, that provides for coordinated administration of county departments to better protect the health, welfare, safety, and quality of life of the residents of Collier County, and that places in the hands of a county administrator the multitude of details which must necessarily arise from the operation of a county as a unit of local government and, thus, enables the Board of County Commissioners to perform freely, without unnecessary interruption, its fundamental intended purpose of making policies within the framework of law applicable to county government in this state. It is the 9 B further legislative intent to provide a formula and structure for the economic and efficient conduct of county affairs by making the county administrator established by this ordinance responsible for handling of all things necessary to accomplish and bring to fruition the policies established by the Board of County Commissioners. SECTION THREE: Reference to County Manager. Any reference to "county manager" in this Code or existing or future ordinances, resolutions, minutes, legal instruments and other documents shall be understood to refer to the "county administrator." SECTION FOUR: Board as Policy Maker. In keeping with F.S. ch. 125, part III, this Ordinance grants to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the county pursuant to Fla. Const. art. VIII, § 1(e). To this end, the below specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy- setting governing body of the county and carrying out its directives and policies. Except as provided below, as the policy- setting governing body, the Board and its members shall defer to the County Manager the day -to -day handling of the administrative and ministerial powers and duties enumerated below, including the supervision, appointment or removal of his subordinates. No County Commissioner shall direct or request the appointment of any person to, or his removal from, Office of the County Administrator or by any of his subordinates, 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 by this article. Neither the Board, nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. Nothing contained herein shall prevent a County Commissioner from expressing a concern to the County Manager about the actions or performance of an employee. SECTION FIVE: Appointment, qualifications, compensation and vacancy. (a) The County shall have a County Administrator appointed by the Board of County Commissioners, which officer shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws of Florida, and other applicable legislation. (b) Recruitment for the position of County Administrator shall be in such manner as may be determined by the Board. (c) The County Administrator shall be qualified by administrative and executive experience and ability to serve as the Chief Administrator of the county. The County 2 i Administrator shall be appointed by an affirmative vote of not less than three members of the Board and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the Board, after a hearing if such a hearing is requested by the County Administrator; provided, however, such removal shall occur no sooner than 14 days after adoption of a resolution of intent to terminate the employment of the County Administrator. The County Administrator need not be a resident of the county at the time of appointment, but during tenure in that office must reside within the county. (d) The County Administrator shall be appointed by written contract negotiated with the Board which contract may set out the terms and conditions of employment and removal and specify any additional powers and duties delegated or assigned to the County Administrator. The compensation of the County Administrator shall be fixed by the Board unless otherwise provided by law. (e) The Office of County Administrator shall be deemed vacant if the incumbent County Administrator moves his residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The Board may appoint an Acting County Administrator in the case of vacancy or temporary absence or disability until a successor has been appointed or the County Administrator returns. SECTION SIX: Powers and Duties. (a) The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the County Administrator shall by way of enumeration and not by way of limitation, have the following specific powers and duties to: (1) Administer and carry out the directives and policies of the Board and enforce all orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully executed. (2) Report to the 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 deemed necessary for the improvement of the county and the welfare of its residents. (3) Provide the Board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the Board. (4) Prepare and submit to the Board for its consideration and adoption an annual operating budget, a capital budget and a capital program. (5) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. 3 we IrIAM (6) Prepare and submit to the Board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit recommendations. (7) Supervise the care and custody of all county property. (8) Recommend to the Board a current position classification and pay plan for all positions in county service. (9) Develop, install, and maintain centralized budgeting, personnel, and purchasing procedures. (10) Organize the work of county departments, subject to an administrative code developed by the County Administrator and adopted by the Board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the Board. (11) Select, employ and supervise all personnel and fill all vacancies, positions or employment under the jurisdiction of the Board except County Attorney. However, the employment of an Assistant County Administrator, the Executive Director of the County Airport Authority and all Division Administrators shall require confirmation by the Board. (12) Suspend, discharge, or remove any employee under the jurisdiction of the Board pursuant to procedures adopted by the Board. (13) Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the Board, and make recommendations concerning the nature and location of county improvements. (14) See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. (15) Order, upon advising the Board, any department under his jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he /she deems it necessary for the proper and efficient administration of the county government to do so. (16) Attend all meetings of the Board with authority to participate in the discussion of any matter. (17) Perform such other duties as may be required of the County Administrator by the Board. (18) The County Manager shall have the authority to provide the Board of County Commissioners and the Planning Commission with reports and recommendations with respect to matters before such bodies as directed by the Board of County Commissioners. 4 � (b) Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with such powers and duties as the Board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff. SECTION SEVEN. Repeal of Ordinance 93 -72, as amended. Ordinance 93 -72, as amended by Ord. No. 95 -49, Ord. No. 01 -77, Ord. No. 04 -55, Ord. No. 2006 -03, and Ord. No. 2011 -11, is hereby repealed. SECTION EIGHT: 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 NINE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: 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 , 2013. ATTEST: ' s DWIGHT ,'- -BROCY�,,_Clerk " DepIA Cl k ;Attest as to..C�hairman + t, signature only:.. . } Approved form and legal 41114: y: Jeffrey County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY /FLORIDA I. GEORGIA A.`RI' CHAIRWOMAN Main= 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 2013 -40 which was adopted by the Board of County Commissioners on the 14th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013. DWIGHT E. BROCK�,. Clerk of Courts-1 ah.d °Clerk Ex-of ficioo4,oa, of , County Commios.i,g i erls Jr, By: Martha' Vergara Deputy Clerk