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Agenda 03/10/2009 Item #17A Agenda Item 1\10. 17 A March 10, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-01, which created the Collier County Emergency Medical Services Policy Advisory Board, in order to clarify certain qualifications for appointment and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best- qualified candidate(s). OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance amending Ordinance No. 2009-01, in order to clarify certain qualifications for appointment to the Collier County Emergency Medical Services Policy Advisory Board and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best qualified candidate(s). ~ CONSIDERA TIONS: On January 13, 2009, the Board adopted Ordinance No. 2009-01, which created the Collier County Emergency Medical Services Policy Advisory Board. The purpose of this new advisory board was to assist the Board with all issues affecting pre-hospital emergency medical services within Collier County and replace the then-current Emergency Medical Services Advisory Council. During appointment of the first members. the Board requested revisions to Section Three of Ordinance No. 2009-01, Appointment and Composition; Terms of Office; Attendance and Filling Vacancies, to allow more latitude in considering future applicants. The proposed amendments clarify certain qualifications for appointment and allow for waiver or modification of the stated qualifications, including County residency, should the Board detennine it necessary to obtain the best qualified candidate(s). FISCAL IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney, was duly advertised, and is legally sufficient for Board action. This is a non-quasi judicial matter requiring simple majority vote. JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board adopts the attached Ordinance amending Ordinance No. 2009-01, to clarify certain qualifications for appointment to the Collier County Emergency Medical Services Policy AdvisOlY Board and provide for waiver or modilication of the stated qualifications when deemed necessary to appoint the best qualified candidate(s). Prepared Bv: Jeffrey A. Klatzkow, County Attorney - Page I of 1 Item No. 17 A March 10, 2009 Page 2 of 6 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17A Meeting Date: Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No_ 2009-01 which created the Collier County Emergency Medical Services Policy Advisory Board in order to clarify certain qualifications for appointment and provide for waiver or modification of the slaled qualifications when deemed necessary to appoint the best-qualified candidate(s) 3/10:'20099:00:00 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2125!2009 4:01:42 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/26/20093:48 PM A pproved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/27/20099:56 AM Approved By John A. Yonkosky Director of the Office of Management Dilte County Manager's Office Office of Man<:gemcnt & Budget 3/2/2009 e:4B AM A pproYCd By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3:2120093:44 PM filw//r'\L\ (Tpnrl'-'lTp<:,t\I:'.'n.wt\ 1 ')':;;;:_~A'm~hOI-, ..,nl 0 ol-,')n,onO\ 17 o/^')ncl !~A~A ~ RVO/~')n ~r;h1'\lnA '1 /A nnna '~denda item No. Il,b, I\~arch 10. 2(109 Pa;J8 3 of G ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-01, WHICH CREATED THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD, BY AMENDING SECTION THREE, "APPOINTMENT AND COMPOSITION; TERMS OF OFFICE; ATTENDANCE AND FILLING V ACANClES," TO CLARIFY CERTAIN QUALIFICATIONS FOR APPOINTMENT AND TO PROVIDE FOR WAIVER OR MODIFICATION OF THE STATED QUALIFICATIONS WHEN DEEMED NECESSARY TO APPOINT THE BEST QUALIFIED CA."IDIDATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 13. 2009, the Board of County Commissioners adopted Ordinance No. 2009-01, crcating the Collicr County Emergency Medical Services Policy Advisory Board; and WHEREAS, the Board of County Commissioners desires to amend Section Three of Ordinance No. 2009-01 entitled "Appointment and Composition; Tem1s of Office; Attcndance and Filling Vacancies" in order to clarify ccrtain qualifications for appointment and to provide for waiver or modification of the stated qualifications when deemed necessary to obtain the best qualified candidates for appointment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 2009-01. Section Three is hereby amended to read as follows: Agenda Item No. 17 A March 10. 2009 Page 4 oi6 SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling Vacancies. The Advisory Board shall be composed of five members as follows: I. Aft Phvsician, with preference for an Emergency Room Physician. 2. An Emergency Room Nurse. 3. A Pharmacist. 4. A representative from one of the Collier County Independent or Municipal Fire Control Districts. 5. A representative from Collier County Emergency Medical Services. To the extent possible, candidates for the Emergency Room Physician, Emergency Room Nurse, and Pharmacist positions shall be recommended by the Collier County Medical Society, its successor, or a substantially similar local or regional organization, and candidates for the Fire Control position shall be recommended by the Collier County Fire Chiefs' Association, its successor, or a substantially similar local or regional organization. Advisory Board members shall be sought in accordance with the provision of Collier County Ordinance 0 I-55, as amended, or by its successor ordinance. Members of the Advisory Board shall be appointed and serve at the pleasure of the Board of County Commissioners. Members shall meet the qualifications for membership and requirements as outlined in Ordinance No. 01-55, as anlended, or by its successor ordinance. Appointment of members to the Advisory Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Words Underlined are added; Words Stmell ThrOHgh are deleted. Page 2 of4 l\genJa Item No. 17 A March 10.2009 Pa'ge 5 of 6 In order to stagger the tenns of the Advisory Board, two of the initial tenns shall be for two years, with the remaining three Board members appointed for an initial term of four years. Thereafter, tenns for all Advisory Board members shall be four years. It is the intent of the Board of Count v Commissioners that the best candidates for this Advisory Board be appointed. Accordingly. the Board of County Commissioners shall have the power to waive or modify any stated qualification for membership on this Advisorv Board, included but not limited to County residency. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. Words :V1]..9-~_r1me.Q are added; Words Struck Througn are deleted. Page 3 of 4 !'.aenda !tem No. 17 A - March 10, 2009 Page 6 of 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of March, 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: Approved as to form and eg I lciency: Words Underlined are added; Words 8tru,k ThraU!;h are deleted. Page 4 of4